Cressona City Zoning Code
ADMINISTRATION AND
ENFORCEMENT; BUILDING PERMITS AND CERTIFICATES OF ZONING COMPLIANCE
§ 155.245 ADMINISTRATION AND ENFORCEMENT.
(A) A Zoning Officer designated by the Borough Council shall administer and enforce this chapter. He or she may be provided with the assistance of such other persons as the Borough Council may direct.
(B) If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he or she shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct. He or she shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or may take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(Prior Code, Ch. 27, § 27-1501) (Ord. 293, passed 4-20-1992, § 15.1)
§ 155.246 ZONING PERMITS REQUIRED.
No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor issued by the Zoning Officer. No zoning permit shall be issued by the Zoning Officer except in conformity with the provisions of this chapter, unless he or she received a written order from the Zoning Hearing Board in the form of an administrative review, special exception or variance as provided by this chapter.
(Prior Code, Ch. 27, § 27-1502) (Ord. 293, passed 4-20-1992, § 15.2)
§ 155.247 APPLICATION FOR ZONING PERMIT.
(A) All applications for zoning permits shall be accompanied by plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot or buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Zoning Officer, including existing or proposed building or alteration; existing or proposed uses of the building and land, the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter.
(B) One copy of the plans shall be returned to the applicant by the Zoning Officer, after he or she shall have marked such copy either as approved or disapproved and at tested to same by his or her signature of such copy. The original and one copy of the plans, similarly marked, shall be retained by the Zoning Officer.
(Prior Code, Ch. 27, § 27-1503) (Ord. 293, passed 4-20-1992, § 15.3)
§ 155.248 CERTIFICATE OF ZONING COMPLIANCE FOR NEW, ALTERED OR NONCONFORMING USES.
(A) It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, if erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued therefor by the Zoning Officer stating that the proposed use of the building or land conforms to this chapter.
(B) No nonconforming structure or use shall be maintained, renewed, changed or extended until a certificate of occupancy shall have been issued by the Zoning Officer. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this chapter. (Upon enactment or amendment of this chapter, owners or occupants of nonconforming uses or structures shall apply for certificates of occupancy.)
(C) No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of occupancy and the certificate shall be issued in conformity with the provisions of this chapter upon completion of the work.
(D) The Zoning Officer shall maintain a record of all certificates of occupancy, and a copy shall be furnished upon request of any person.
(E) Failure to obtain a certificate of occupancy shall be a violation of this chapter and punishable under § 155.999.
(Prior Code, Ch. 27, § 27-1504) (Ord. 293, passed 4-20-1992, § 15.4) Penalty, see § 155.999
§ 155.249 EXPIRATION OF ZONING PERMIT.
(A) If the work described in any zoning permit has not begun within 180 days from the issuance thereof, said permit shall expire; it shall be cancelled by the Zoning Officer; and written notice thereof shall be given to the persons affected.
(B) If the work described in any zoning permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be cancelled by the Zoning Officer; and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning permit has been obtained.
(Prior Code, Ch. 27, § 27-1505) (Ord. 293, passed 4-20-1992, § 15.5)
§ 155.250 CONSTRUCTION AND USE TO BE PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES OF OCCUPANCY.
Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the Zoning Officer authorize only the use, arrangement and construction set forth in such approved plans and applications. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided in § 155.999.
(Prior Code, Ch. 27, § 27-1506) (Ord. 293, passed 4-20-1992, § 15.6) Penalty, see § 155.999
§ 155.251 DISPLAY OF ZONING PERMIT.
Any zoning permit issued by the Zoning Officer must be displayed on the building or structure so as to make it visible from any street or thoroughfare abutting the applicable property.
(Prior Code, Ch. 27, § 27-1507) (Ord. 293, passed 4-20-1992, § 15.7)
§ 155.252 FEES.
(A) Filing fee schedule. The borough hereby sets and establishes a filing fee schedule relative to application, appeals and actions before the Borough Zoning Hearing Board.
(B) Fee. The following fees shall be paid to the Borough Zoning Hearing Board upon submission of the hereinafter set forth appeals, applications or actions.
(1) The applicant, upon making a request for a special exception, shall pay a fee as established from time to time by resolution of Borough Council.
(2) The applicant, upon making a request for a variance, shall pay a fee as established from time to time by resolution of Borough Council.
(3) The applicant, upon taking an appeal from action of the Zoning Officer, shall pay a fee as established from time to time by resolution of Borough Council.
(4) The applicant, who desires to challenge on substantive grounds the validity of an ordinance or map which prohibits or restricts the use of development of land and who seek a curative amendment, shall pay a fee as established from time to time by resolution of Borough Council.
(5) The applicant, who challenges the validity of zoning ordinance or map (except as indicated above) where a curative amendment is sought, shall pay a fee as established from time to time by resolution of Borough Council.
(6) The applicant, who files a request for an amendment to this chapter or map where there is no challenge on substantive grounds concerning the validity of this chapter or map or curative amendments (pursuant to § 27-609 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988), being 53 P.S. §§ 10101 et seq., shall pay a fee as established from time to time by resolution of Borough Council.
(7) The applicant, who files another zoning appeal provided for under the provisions of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, shall pay a fee as established from time to time by resolution of Borough Council.
(C) Reimbursement of funds.
(1) Any of the fees which are paid by the applicant pursuant to the provisions of division (B) above and which are not utilized by the borough shall be refunded to the applicant upon the completion of all work on the action, application or appeal of the applicant. However, notwithstanding the provisions of this division (C), the borough shall be entitled to retain a minimum fee as established from time to time by resolution of Borough Council for the Zoning Hearing Board to consider any of the appeals, applications or actions set forth in division (B) above.
(2) If the cost incurred by the borough exceeds the application and legal fees established pursuant to division (B) above, the Zoning Hearing Board, may request such additional sums as shall reasonably cover the costs incurred by the borough.
(D) Supplementary fees.
(1) The Zoning Hearing Board shall take no action on any of the applications, appeals or requests prescribed pursuant to division (B) above, unless the required application, appeal or request fee is paid.
(2) In the event that the Zoning Hearing Board shall make a request for supplementary fee(s) pursuant to division (C) above, no further action shall be taken by the Zoning Hearing Board, until applicant pays the requested fee.
(E) Compensation of members of the Zoning Hearing Board.
(1) Each member of the Zoning Hearing Board shall receive $30 per hearing, provided that a hearing does not exceed a maximum of two hours.
(2) In the event that a hearing continues beyond said two hour period, each Board member attending shall receive an additional $10 per hour.
(F) Written transcripts. The applicant and/or any other interested person(s) shall be responsible to secure and pay for his, her or their copy of any hearing transcript from the transcribing stenographer.
(G) Method of payment of fees. All fees or sums required pursuant to the provisions of this resolution shall be paid by check payable to the “Borough of Cressona” and tendered to the Zoning Enforcement Officer of the borough, who shall immediately issue a numbered receipt to said applicant.
(Prior Code, Ch. 27, § 27-1508) (Ord. 293, passed 4-20-1992; Ord. 323, passed 7-6-1998)