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Codorus Township City Zoning Code

ARTICLE XII

Administration and Enforcement

§ 250-90 Zoning Officer; powers and duties.

Appointment and powers: For the administration of this chapter, a Zoning Officer, who may not hold any elective office in the Township, shall be appointed by the Township Board of Supervisors. The Zoning Officer shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to the chapter. The Zoning Officer is the enforcement officer for this chapter. He issues all building permits, occupancy certificates, and, at direction of the Zoning Hearing Board, special exceptions, variances and temporary permits. The Zoning Officer shall identify and register nonconforming uses and nonconforming structures. He shall:
A. 
Receive applications, process the same, and issue permits for the erection, construction, alteration, repair extension, replacement, and/or use of any building, structure, sign, and/or land in the Township.
B. 
At his discretion, examine or cause to be examined, all buildings, structures, signs, and/or land or portions thereof, for which an application has been filed for the erection, construction, alteration, repair, extension, replacement, and/or use before issuing any permit. Thereafter, he may make such inspections during the completion of work for which a permit has been issued. Upon completion of the building, structure, sign, and/or change, a final inspection shall be made and all violations of approved plans or permit shall be noted for the holder of the permit shall be notified of the discrepancies.
C. 
Keep a record of all applications received, all permits and certificates issued, reports of inspections, notices, and orders issued, and the complete recording of all pertinent factors involved. He shall file and safely keep copies of all plans permitted, and the same shall form a part of the records of his office and shall be available for the use of the Board of Supervisors and other officials of the Township. At least annually, he shall submit to the Board of Supervisors a written statement of all permits and certificates of use and occupancy issued, and violations and stop-work orders recommended or promulgated.

§ 250-91 Limits of authority.

A. 
The Zoning Officer shall have the authority to issue permits only for construction and uses which are in accordance with the requirements of this chapter. Construction and uses which require a special exception or variance shall be issued zoning permits only on order of the Zoning Hearing Board.
B. 
The Zoning Officer shall issue no permits for the construction or use of any land and buildings unless it conforms to all Township ordinances and the laws of the Commonwealth of Pennsylvania.

§ 250-92 Compensation.

The compensation for the Zoning Officer shall be determined by the Board of Supervisors.

§ 250-93 Forms.

A. 
The Zoning Officer shall provide a form or forms for:
(1) 
Building permits.
(2) 
Occupancy certificates.
(3) 
Special exceptions.
(4) 
Variances.
(5) 
Temporary permits.
(6) 
Certificates of nonconformance.
B. 
Upon a receipt of an application for a special exception, variance, temporary permit or a notice of appeal, the Zoning Officer must transmit to the Secretary of the Zoning Hearing Board and to the Planning Commission copies of all papers constituting the record upon the special exception, variance, temporary use permit or appeal.

§ 250-94 Occupancy certificates.

No land shall be occupied or changed from one use to another use and no building hereafter erected, constructed, altered or extended shall be occupied until an occupancy certificate shall have been issued by the Zoning Officer stating that the building or proposed use fully complies with the provisions of this chapter, Chapter 47, Building Permits, and Chapter 59, Construction Codes, Uniform, of the Code of the Township of Codorus.
A. 
In cases where a building permit is required, all occupancy certificates shall be applied for in conformance with the application for the building permit. The permit shall be retained by the Zoning Officer until such time as the building in question shall have been approved as complying with the provisions of this chapter. Issuance shall not exceed 15 days following approved compliance.
B. 
In cases involving establishment of a use on land or a change of use on land or within structures, application for an occupancy certificate alone shall suffice. The Zoning Officer shall grant or deny such use within 15 days following application, except in cases of special exception or conditional usage where further proceedings are necessary. If a permit is denied, the Zoning Officer shall state, in writing, the cause for such denial and shall immediately thereupon mail notice of such denial to the applicant.

§ 250-95 Building permits.

A. 
Hereafter no building or structure shall be erected, moved, placed, constructed or enlarged within the limits of Codorus Township unless a permit to do so shall first be secured in accordance with the provisions of Chapter 47, Building Permits, of the Code of the Township of Codorus, all of which are incorporated herein by reference and unless a permit is secured in accordance with the provisions of the Codorus Township Building Code if such permit is required by the provisions of that ordinance, all of which provisions are incorporated herein by reference.
B. 
Hereafter, no building or structure shall be altered, repaired, demolished or removed within the limits of Codorus Township unless a permit to do so shall first be secured in accordance with the provisions of the Codorus Township Building Code if a permit is required by that ordinance for such alteration. All erection, movement, placement, construction and enlargement must be performed in strict accordance with the application submitted pursuant to Chapter 47, Building Permits, of the Code of the Township of Codorus, any application submitted pursuant to the Codorus Township Building Code and with the permit issued pursuant thereto and in accordance with the procedures set forth in such ordinance.
C. 
Any violation of the provisions of Chapter 47, Building Permits, of the Code of the Township of Codorus, and any violation of the Codorus Township Building Code shall constitute a violation of this chapter.

§ 250-96 Application requirements; occupancy certificates.

All applications for occupancy certificate shall be made in writing by the owner or authorized agent on a form supplied by the Zoning Officer, setting forth information and other data the Zoning Officer may require.

§ 250-97 Hardship permit.

A. 
The Zoning Officer may grant a hardship permit to place a mobile home on a lot where the same would otherwise be permitted by terms of this chapter provided the applicant establishes that:
(1) 
The mobile home will house a member of the family of the owner of the tract on which the mobile home is to be placed. For the purposes of this § 250-97, a family member shall be defined to include ancestors and direct descendants of the owner, siblings of the owner and aunts and uncles of the owner.
(2) 
All of the residential units located on the tract of land where the mobile home is proposed to be located are occupied by the landowner or a member of his family. This condition shall not apply if the residential unit not occupied by a member of the family is at such a distance from the residence of the owner of the tract of land so as not to permit the owner of the tract of land to render the personal care to a member of the family as contemplated by this section or alternatively to receive the care contemplated by this section; and
(3) 
No rent or other consideration will be received for the use of the mobile home or the space which the same occupies; and
(4) 
There is a genuine medical hardship involved which requires that the occupant of the mobile home for which the permit is issued live in close proximity to the owner of the tract of land on which the mobile home to be placed so as to enable the occupant of the mobile home to give, or alternatively receive, the personal care contemplated by this section of the chapter; and
(5) 
There is an adequate sewage disposal system and water supply system to supply the sewage and water needs of the mobile home.
B. 
In addition, the applicant must establish that:
(1) 
The occupant of the mobile home to be permitted is a family member, as defined in this section, of the owner of the tract where the same will be located and will provide care to one or more of the landowners who reside on the tract of land in question; or
(2) 
The occupant of the mobile home is a family member, as defined in this section, of one or more of the landowners who reside on the tract of land in question and will receive care from one or more such landowners.
C. 
This hardship permit shall be for the duration of the calendar year during which it is issued. It shall be renewed each December. There shall be no cost for the renewal unless the renewal application is after December 31, in which event there shall be a renewal charge of $25. It shall automatically expire when any of the requirements of this section are no longer met. Such mobile home must be removed from the premises within 90 days following the expiration of the permit.

§ 250-98 Temporary permit.

A temporary permit may be issued by the Zoning Officer at the direction of the Board of Supervisors for a nonconforming structure or use, which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the municipality. Such permits shall be issued for a specified period of time not to exceed six months.

§ 250-99 Certificate of nonconformance.

Within one year of the effective date of this chapter of any amendment, upon request and proof thereof, the Zoning Officer must certify to the nature and extent of a nonconformity existing on the effective date of this chapter or any amendment.

§ 250-100 Enforcement, penalty, and remedy.

A. 
The construction, erection, replacement, alteration, repair, extension, displacement, and/or use of any structure, building, sign, and/or land or the change of use, area of use, percentage of use of extension or displacement of the use of any structure, building, sign, and/or land without first obtaining a building permit of the use of any building, structure, sign, and/or land without receipt of a certificate of occupancy or the failure to comply with any other provisions of this chapter, are hereby declared to be violations of this chapter.
B. 
The Township shall provide notice of violation or order on the person, firm or corporation, or the owner, lessee or agent of the land upon which the violation has occurred who has committed the violation, and such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. However, in no case shall the person so served abandon the premises in such a condition so as to create a hazard to menace to the public safety, health, morals or welfare. Said premises shall be placed in such condition as the Zoning Officer shall direct.
C. 
Causes of action. In case any building, structure, landscaping, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter or any section thereof, the Township Supervisors, or with the approval of the Township Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Township Board of Supervisors. No such action shall be maintained until such notice has been given.
D. 
Enforcement remedies. Any person, partnership or corporation who or which has violated or permitted the violation of any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment in the amount of $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township.