Crafton City Zoning Code

Membership. The Zoning Hearing Board shall have three members appointed by the Borough Council, serving three-year terms with one term expiring each year. The Chairman shall notify the Borough Council of vacancies for appointment for the remainder of the unexpired term. Members shall not serve in other Borough roles, including the Planning Commission or as Zoning Officer.

Alternate members.

Organization of the Board. The Board shall elect its officers from its own membership, who shall serve annual terms and may succeed themselves. For hearings and actions, a quorum shall consist of a majority of Board members. The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and parties may waive further action by the Board as provided in § 225-57E below. The Board may make, alter and rescind rules and forms for its procedure consistent with the ordinances of the Borough and laws of the commonwealth. The Board shall keep full public records of its business which records shall be the property of the Borough, and submit a report of its activities to Borough Council as requested by Borough Council.

Expenditures for services. Within the limits of funds appropriated by Borough Council, the Zoning Hearing Board may employ or contract for secretaries, clerks, zoning officers, legal counsel, consultants and other technical and clerical services. Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of Borough Council.

Conduct of public hearings. The public hearing shall commence within 60 days of the filing of an administratively complete application. Public notice, as defined herein, of the public hearing shall be advertised and posted as required by the MPC, and in addition thereto the Zoning Hearing Board shall post at least one copy of the notice on the affected property and shall mail a copy of the notice by regular mail at least one week prior to the hearing to each adjoining property owner, including those located across a public right-of-way. Public hearings shall be conducted and held in accordance with the applicable provisions of the Municipalities Planning Code.[1] The Zoning Hearing Board shall comply with all requirements of Article IX of the Municipalities Planning Code[2] regarding the conduct of hearings.

Board decisions. The Zoning Hearing Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application in accordance with the requirements of the MPC and within 45 days after the last hearing before the Zoning Hearing Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of this chapter or any other land use ordinance, rule or regulation or any provision of the Municipalities Planning Code shall contain a reference to the provisions relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his/her decision or findings are final, the Zoning Hearing Board shall make his/her report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to final decision or entry of findings, and the Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.

Functions of the Board. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

Variances application. The Board shall hear requests for variances where it is alleged that the strict application of the provisions of this chapter inflict unnecessary hardship upon the applicant. Application for a variance shall be made in writing on the prescribed form obtained from the Zoning Officer. The Zoning Officer shall forward the application to the Board, which shall determine a time and place of the hearing.

Standards for variances. The Board may grant a variance, provided that all the following findings are made where relevant in a given case:

Procedure for variances. The Board shall request the review and comments of the Planning Commission on any variance application, which shall be made part of the public record. In granting any variances, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.

Limitation on variances. The grant of a variance shall expire one year after the date of the Board's written decision unless: 1) the applicant has applied for and obtained a building permit and commenced construction, or 2) in a case where the variance does not require the issuance of a building permit, the applicant has applied for and obtained an occupancy permit and has commenced the use which is the subject of the variance.

Changes of nonconforming uses. In accordance with Article VI of this chapter, the Zoning Hearing Board shall hear requests for a change of one nonconforming use to another nonconforming use. Before approving an application, the Board shall determine that:

Parties appellant before the Board. Appeals under Article VII of this chapter may be filed with the Board in writing by the landowner affected, by any officer or agency of the Borough or any person aggrieved. Requests for a variance may be filed with the Board only by a landowner or any tenant with the permission of such landowner.

Time limitations.

Stay of proceedings.

The Zoning Officer shall be appointed by the Borough Council, shall hold no elective office in the Borough. The Zoning Officer shall meet the qualifications established by the Borough and shall be able to demonstrate, to the satisfaction of the Borough, a working knowledge of municipal zoning.

The Zoning Officer shall have all the powers and duties conferred on them by this chapter and the Pennsylvania Municipalities Planning Code. The Zoning Officer shall administer this Code in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use that does not conform to this chapter. The Zoning Officer's duties shall include the following:

It shall be unlawful to use or change the use of any structure or lot or erect, structurally alter or enlarge any structure without obtaining a building/zoning permit or certificate of occupancy.

It shall be unlawful to structurally alter, enlarge, move, remove or construct any structure without obtaining a building/zoning permit. All applications shall be submitted as set forth herein. The Zoning Officer or their designee shall review all applications for compliance with applicable codes and ordinances and shall issue a building/zoning permit or a written decision denying the permit that contains references to the ordinance requirements that have not been met within 90 days of receipt of the application.

Temporary zoning use and zoning occupancy permits. The Zoning Officer may issue a temporary zoning permit which may allow the use or occupancy of a building or structure during structural alteration thereof or may permit the partial use or occupancy of a building or structure during its construction or erection; provided, however, that such a temporary permit shall be valid only for a period not exceeding six months from its issuance and shall be subject to such restrictions and provisions as may be deemed necessary by the Zoning Officer to ensure the safety of persons using or occupying the building, structure or land involved.

Whenever the proposed activity, whether new construction or alteration of an existing use, requires a building permit (under the Borough Building Code, Chapter 90, Article I), the applications for the zoning use permit and zoning occupancy permit shall be made prior to or simultaneously with the application for the building permit. However, the building permit shall not be issued until the zoning use permit has been granted.

When no building permit is required, the application for the zoning use permit and zoning occupancy permit may be made at any time prior to the use or occupancy of the structure or land.

A certificate of use and occupancy shall not be required for any residential dwelling that exists on the date of adoption of this chapter unless a building/zoning permit is issued for the movement, reconstruction or alteration of the dwelling that results in a change in the location of the dwelling, the total lot coverage or the total number of families housed in the dwelling.

When a building/zoning permit has been issued for the reconstruction, alteration or movement of any other structure or the construction of any new structure, including dwellings, it shall be unlawful to use or occupy that structure without a certificate of use and occupancy. Upon completion of the construction, reconstruction, alteration or movement of the structure, the holder of the building/zoning permit shall notify the Zoning Officer that the work has been completed and the structure is ready to be used or occupied.

Upon inspection and determination that all applicable ordinance regulations and any conditions attached to the issuance of the building/zoning permit have been met, the Zoning Officer shall issue a certificate of use and occupancy.

The Borough shall not issue a no-lien letter in connection with the sale of any property in the Borough unless and until either the proposed buyer or proposed seller has applied for and obtained a zoning occupancy permit in connection with the sale of the property.

If, after approval of conditional use or a use by special exception, an application for a building/zoning permit to undertake work described in that application has not been submitted within 12 months of the date of granting of approval by the Borough, approval of the conditional use or use by special exception shall expire automatically without written notice to the applicant, unless the Borough Council or the Zoning Hearing Board, as the case may be, extends the approval upon written request by the applicant prior to its expiration.

No building/zoning permit for the erection, demolition, alteration or removal of buildings or structures shall be valid after six months from the date of issuance thereof, unless the work authorized by such permit shall have been substantially commenced within six months from the date of issuance and proceeded with, with due diligence. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted by virtue of any reasonable cause and not due to their own negligence, the permit may be renewed by the Zoning Officer without additional cost to the applicant.

A non-residential zoning occupancy permit shall be valid for a period of one year. The landowner shall be responsible for applying for a renewed permit prior to the expiration of an existing permit. The Zoning Officer shall be responsible for scheduling inspections related thereto.

Should construction be halted for a period of three months without justifiable cause beyond the control of the applicant or contractor after it has begun, the existing permits will become void. Work shall not resume until a new permit has been issued.

The time periods set forth above may be extended pursuant to those provisions of the Pennsylvania Municipalities Planning Code regulating the stay of proceedings on appeal.

The Borough Council may introduce and/or consider amendments to this Code and to the Zoning Map as proposed by a member of the Borough Council, the Planning Commission, or a petition of a landowner of property within the Borough.

Petitions for amendment by landowners, other than curative amendments under § 225-67 of this chapter, shall be filed in writing with the Zoning Officer, and the petitioner upon such filing shall pay a filing fee and/or review deposit in accordance with the schedule fixed by resolution of Borough Council.

Municipal curative amendments are subject to § 609.2 of the Pennsylvania Municipalities Planning Code.

Any proposed amendment other than one proposed by the Planning Commission shall be referred to the Planning Commission for review. The Planning Commission shall review the proposed amendment and report its findings and recommendations, in writing, to the Borough Council and to the petitioner. In the event the Planning Commission recommends approval of the proposed amendment, in whole or in part, or if a public hearing is requested by at least one member of the Borough Council, a public hearing will be scheduled on the proposed amendment and a copy of the same submitted to the Allegheny County Department of Economic Development at least 30 days prior to the public hearing in accordance with the requirement of the Municipalities Planning Code.

If the proposed amendment involves a Zoning Map change, a minimum of two notices of the public hearing shall be conspicuously posted on the property at least seven days prior to the date of the public hearing.

Notice of any proposed zoning map change shall also be mailed by the Borough at least 30 days prior to the public hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Borough. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This subsection shall not apply to a comprehensive rezoning.

If, after any public hearing held upon an amendment, the proposed amendment is substantially revised or further revised to include land previously not affected by it, then the Borough Council shall hold another public hearing pursuant to public notice before proceeding to vote on the amendment.

Publication, advertisement and availability.

The Borough Council shall act on a proposed amendment to this chapter within 90 days of the date of the meeting at which the public hearing on the amendment is closed. If the Borough Council fails to so act within the said ninety-day period, then the proposed amendment shall be deemed denied.

Within 30 days after enactment, a certified copy of the amendment to this chapter shall be forwarded to the Allegheny County Department of Economic Development.

A curative amendment may be filed only by a landowner who desires to challenge, on substantive grounds, the validity of this chapter or the Zoning Map or any provision thereof that prohibits or restricts the use or development of land in which they have an interest.

The landowner may submit a curative amendment to the Borough Council with a written request that their challenge and proposed amendment be heard and decided as provided in §§ 609.1 and 916.1 of the Pennsylvania Municipalities Planning Code, 1 Act 247,[1] as amended. As with other proposed amendments, the curative amendment shall be referred to the Planning Commission and the Allegheny County Planning Commission for review and comment at least 30 days before the hearing is conducted by the Borough Council. Public notice shall be given in accordance with §§ 610, 916.1 and any other applicable provision of the Pennsylvania Municipalities Planning Code. The hearings shall be conducted in accordance with the provisions of Subdivisions through of § 908 of the Pennsylvania Municipalities Planning Code,[2] and all references in that section to the Zoning Hearing Board shall be references to the Borough Council.

If the Borough Council determines that a validity challenge has merit, the Borough Council may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment that will cure the challenged defects. The Borough Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:

If the Borough does not accept a landowner's curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire article, but only for those provisions that specifically relate to the landowner's curative amendment and challenge.

Failure to comply with any provision of this chapter or to secure a building/zoning permit prior to the erection, construction, extension, alteration or addition to a building or failure to secure a certificate of use and occupancy for the use or change of use or occupancy of structures or land shall be a violation of this chapter.

Enforcement notice. The enforcement notice shall contain the following information:

Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees, incurred by the Borough 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 Borough 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 this 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 Borough.

The court, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building or structure or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred hereby, the Borough Council or, with the approval of the Borough Council, the Zoning Officer or other proper official, in addition to other remedies, may institute in the name of the Borough any appropriate action or proceeding to prevent, restrain, correct or abate such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to prevent the occupancy of any building, structure or land, or to prevent any illegal act, conduct, business or use that constitutes a violation.