Danville City Zoning Code
ARTICLE X
Administration and Enforcement
§ 260-59 Zoning Officer.
A.
Creation of office. The office of Zoning Officer is hereby established.
B.
Appointment. The Zoning Officer shall be appointed by and compensated by the governing body.
C.
Holding other public office. The Zoning Officer shall not hold any elective office in the municipality.
D.
Powers and duties.
(1)
The Zoning Officer shall administer the Zoning Ordinance 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 this chapter. He is authorized to institute civil enforcement proceedings as a means of enforcing the regulations of this chapter for which he has designated responsibilities. He shall examine all applications for permits, issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this chapter and all nonconforming uses, record and file all applications for permits with accompanying plans and documents and make such reports to the Planning Commission and the Zoning Hearing Board as may be required.
E.
Appeals. All appeals from decisions of the Zoning Officer shall be taken in the manner set forth in this chapter and as otherwise prescribed by the Pennsylvania Municipalities Planning Code.
F.
Qualifications of the Zoning Officer. The Zoning Officer shall be able to demonstrate to the satisfaction of the local governing body a working knowledge of municipal zoning.
G.
Registration of nonconforming uses and structures. The Zoning Officer may identify and register nonconforming uses and structures and shall identify the reasons for their identification as nonconformances.
H.
Issuance of preliminary opinion. In order not to unreasonably delay the time when a landowner may secure assurance that the ordinance or map under which he proposes to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to the ordinance or map will run under Section 914.1 of Act 247, as amended,[1] by the following procedure:
(1)
The landowner may submit plans and other materials describing his proposed use or development to the Zoning Officer for a preliminary opinion as to their compliance with the applicable ordinances and maps. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a building permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a preliminary opinion as to its compliance.
(2)
If the Zoning Officer's preliminary opinion is that the use or development complies with the ordinance or map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall include a general description of the proposed use or development and its location, by some readily identifiable directive, and the place and times where the plans and other materials may be examined by the public. The favorable preliminary approval under Section 914.1 of Act 247, as amended,[2] and the time therein specified for commencing a proceeding with the Board shall run from the time when the second notice thereof has been published.
[2]
Editor's Note: See 53 P.S. § 10914.1.
[1]
Editor's Note: See 53 P.S. § 10914.1.
§ 260-60 Zoning permits; conditional use permits.
A.
Purpose: to determine compliance with the provisions of this chapter. No person shall erect, alter or convert any structure or building or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter, until a zoning permit has been issued by the Zoning Officer.
B.
Application for permits. All such applications shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot or lots to be built upon, its assessment map and parcel number as recorded, the date of official record of any lot or lots on which construction is proposed, the exact size and location of any building, sign, parking or loading area or other physical feature existing or proposed on the lot, the existing and intended use of each building or part of a building, the number of families, dwelling units, employees, offices or other appropriate units of occupancy which the building is designed to accommodate and such other information as may be necessary to determine compliance with this chapter. One copy of such plans shall be returned to the owner when such plans shall be approved; one copy each of all applications with accompanying plans and documents shall become a public record after a permit is issued or denied.
C.
Issuance of permits.
(1)
It shall be the duty of the Zoning Officer to issue a zoning permit, provided that he is satisfied that the structure, building, sign, parking area of premises and the proposed use thereof conform with all requirements of this chapter and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals secured thereof.
(2)
All zoning permits shall be issued in duplicate, and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations regulated by this chapter of any kind unless a zoning permit covering such operation has been displayed as required by this chapter, nor shall they perform such building operations after notification of the revocation of said zoning permit.
D.
Denial of permits. When the Zoning Officer is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall refuse to issue a zoning permit and the applicant may appeal to the Zoning Hearing Board for a reversal of the Zoning Officer's decision.
E.
Revocation of permits.
(1)
If it shall appear at any time to the Zoning Officer that the application or accompanying plans are in any material respect false or misleading or that work is being done upon the premises differing materially from that called for in the applications filed with him under existing laws or ordinances, he may forthwith revoke the zoning permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to said Zoning Officer. After the zoning permit has been revoked, the Zoning Officer may, in his discretion, before issuing a new zoning permit, require the applicant to file an indemnity bond in favor of the municipality with sufficient surety conditioned for compliance with this chapter and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.
(2)
Any development authorized by a zoning permit shall be completed within a period of one year of the date of such permit. If such development is not completed within one year, the zoning permit shall be automatically revoked, and any future development of the subject project shall require a new application and the issuance of a new permit.
F.
Conditional use permits.
[Added 5-5-2009 by Ord. No. 496]
(1)
Procedure. Conditional uses shall be allowed only upon a determination by the governing body that they comply with the standards and criteria set forth herein. The governing body shall hold hearings on and decide requests for conditional uses in accordance with the standards and criteria set forth herein. The hearing shall be conducted by the governing body or the governing body may appoint any member or an independent attorney as a hearing officer. The decision shall be made by the governing body. However, the applicant, in addition to the municipality, may, prior to the decision of the hearing, waive decision by the governing body and accept the decision of the hearing officer as final. In granting a conditional use, the governing body may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
(2)
Timing.
(a)
The governing body shall render a written decision on the conditional use application within 45 days after the last hearing before the governing body. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
(b)
Where the governing body fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in Section 908(1.2) of the MPC,[1] the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the governing body to meet or render a decision as hereinabove provided, the governing body shall give public notice of the decision within 10 days from the last day it could have met to render a decision. If the governing body shall fail to provide such notice, the applicant may do so.
[1]
Editor's Note: See 53 P.S. § 10908(1.2).
(c)
Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision shall be delivered to the applicant personally or mailed to him no later than the day following its date.
(3)
Additional requirements. The governing body may, upon a review of the application including the environmental assessment, establish such additional requirements for the development and the operation of the conditional use as may be required to protect the public health, safety and general welfare of the community; provided, however, that such additional requirements shall not be related to off-site transportation or road improvements.
(4)
Administrative procedures.
(a)
Application. Application for a conditional use shall be made directly to the governing body. Applications shall be in accordance with Subsection B hereof and as otherwise specified herein. All such applications shall be referred to the Planning Commission for review; and, no such application shall be finally authorized until the Planning Commission has submitted its review findings, or until 30 days after referral to the Planning Commission, whichever occurs first.
(5)
Standards and criteria for conditional uses.
(a)
General criteria.
[1]
That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.
[2]
That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
[3]
That the use shall be compatible with adjoining development.
[4]
That adequate landscaping and screening is provided as required in § 260-25 and as otherwise provided herein.
[5]
That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.
[6]
That the use is compatible with the Borough's Comprehensive Plan.
(6)
Standards.
(a)
Traffic. The proposed development shall not be located on a site where primary access to the site is from a minor street designed primarily to provide vehicular access to abutting properties. The development shall be designed in a manner which will not be injurious to the safe and convenient flow of vehicular traffic. A traffic plan with estimates of the number of vehicles shall be submitted to the Borough.
(b)
Performance standards. The proposed development will comply with the performance standards specified in Article VII hereof and such additional performance standards that shall be specified by the governing body to protect the health, safety and welfare of the Borough.
(c)
Permits. There shall be provided evidence of all required local, state and federal permits.
(d)
Distance from existing development. No conditional use shall be nearer to existing development than 1,000 feet or such greater distance as may be required to assure the health, safety and welfare of the community, or any lesser distance specified in this chapter.
(e)
Transfer of products and waste. Vehicles used in the transfer of waste shall be designed to preclude the accidental dumping of any part of such wastes while in transit; and, transportation routes shall be designed to minimize traversing densely populated areas except for waste pickups.
(7)
Environmental assessment.
(a)
General. All applications for a conditional use must be accompanied by an environmental assessment as specified herein; provided, however, that upon the request of the developer, components of the environmental assessment may be waived by the governing body when such components are deemed unnecessary for certain conditional uses.
(b)
Purpose. The purpose of the environmental assessment is to provide the governing body with sufficient information to determine if the proposed use will be harmful or beneficial to the Borough; and to determine corrective actions if needed to mitigate potential adverse environmental impacts.
(c)
Assurances. Due to the importance of securing professional, objective data in the Environmental Assessment, the selection of the professionals to be engaged in its preparation shall be subject to the approval of the governing body. The developer will further provide the governing body with assurances, adequate to protect the Borough from violations of noncompliance with measures required to mitigate identified adverse environmental impacts.
(8)
Content of the environmental assessment.
(a)
Description of the proposal. Describe the proposed or recommended actions, its purpose, where it is to be located, when it is proposed to take place, and its interrelationship with other projects or proposals, including information and technical data sufficient to permit assessment of environmental impact by the Borough.
(b)
Description of the environment. Include a comprehensive description of the existing environment without the proposal and the probable future environment with the proposal. This description should focus both on the environmental details most likely to be affected by the proposal and on the broader regional aspects of the environment, including ecological interrelationships. Particular attention should be given to the potential effects of past or present use of the site as a repository for toxic or hazardous wastes.
(c)
The environmental impact of the proposed activities. Describe the environmental impacts of the proposed action. These impacts are defined as direct or indirect changes in the existing environment, both beneficial or detrimental. Whenever possible, these impacts should be quantified. This discussion should include the impact not only upon the natural environment but upon land use as well. Provide separate discussion for such potential impacts as man-caused accidents and natural catastrophes and their probabilities and risks. Specific mention should also be made of unknown or partially understood impacts.
(d)
Mitigating measures included in the proposed action. Include a description of measures which are proposed to be taken or which are required to be taken to enhance, protect, or mitigate impacts upon the environment, including any associated research or monitoring.
(e)
Any adverse effects which cannot be avoided should the proposal be implemented. Include a discussion of the unavoidable adverse impacts described in § 260-60F(8)(c) and (d) above, and an analysis of who or what will be affected and the degree of impact.
(f)
The relationship between local short-term use of man's environment and the maintenance and enhancement of long-term productivity. Describe the local short-term use of the environment involved in the proposed action in relation to its cumulative and long-term impacts and give special attention to its relationship to trends of similar actions which would significantly affect ecological interrelationships or pose long-term risk to health or safety. Short-term and long-term do not refer to any fixed time period, but should be viewed in terms of the various significant ecological and geophysical consequences of the proposed action.
(g)
Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. Describe, and quantify where possible, any irrevocable uses of resources, including such things as resource extraction, erosion, destruction of archaeological or historical sites, elimination of endangered species' habitat, and significant changes in land use.
(h)
Alternatives to the proposed action. Identify alternatives to the proposed action, and describe the environmental impacts, both beneficial and adverse, of the various alternatives considered.
(i)
Outline considerations for developing environmental assessment.
[1]
Description of the proposal.
[a]
Who is proposing the action?
[b]
What is the nature of the action to be taken?
[c]
What is it designed to accomplish? What identified needs will be met and to what degree?
[d]
Where will it take place?
[e]
When will it take place? Indicate phasing of acquisition and development activities, if applicable, and timetables for completion.
[f]
How does it fit in with local planning efforts, comprehensive plans, etc.?
[2]
Description of the environment.
[a]
Present and past land uses of the site and of the surrounding area.
[b]
Special topographic features which may be present.
[c]
Describe the site's surface and subsurface geologic characteristics.
[d]
Describe the nature of the soils in the area, particularly their fertility and susceptibility to erosion.
[e]
Describe the area's water resources, with specific reference to groundwater, water quality, aquifers and aquifer recharge areas, and areas subject to flooding.
[f]
Describe the area's vegetation, including species composition, distribution, commercial utility and aesthetics. Special reference should be made to unusual or unique species.
[g]
Describe the nature of existing transportation routes in the immediate area and the accessibility to the project site.
[3]
Environmental impact of the proposed action.
[a]
What will be the effect on land uses in the area?
[b]
Will the project affect a site listed on the National Register of Historic Places?
[c]
In what way will soils and topography be affected? Consider such things as soil compaction, erosion, exposure of slopes, excavation which may create unstable slope/soil configurations, cutting and filling, removal of topsoil, paving, loss of existing natural landscape qualities, blockage of viewlines to landmarks, blockage of view corridors, etc.
[d]
Will solid wastes be generated? How and where will they be disposed of? Indicate what types and volumes will be generated and how and where it will be stored prior to disposal and method of disposal. Discuss removal of clearance, demolition, and construction wastes.
[e]
How will water resources be affected? Consider the water table, runoff, sewer systems, rivers and streams, water supply, etc. Indicate content of any effluent which will be discharged. Address loss of floodwater absorption capacity in natural absorption areas, effects on stream volume, velocity, and seasonal flows, diversion or blockage of surface water, alterations of natural watercourses, introduction or increase of effluents or toxic, hazardous, or radioactive substances to runoff or water bodies, effects on aquatic life, any blockage or impairment of access to watercourses, effects on groundwater recharge, release of groundwater supply, withdrawal of groundwater supplies, blockage of groundwater flow, contamination of groundwater supply, effect on water temperatures, sedimentation, changes in levels of water bodies.
[f]
How will vegetation be affected? Discuss the removal of ground cover, loss of valuable local species, loss of wildlife habitat, introduction of vegetation which will spread to adjacent lands, introduction of exotic vegetation, creation of areas of highly visible, drying, or decaying vegetation.
[g]
How will fauna be affected? Consider habitat destruction, reduction of population, impact caused by human intrusion, mobility restrictions, food chains, etc.
[h]
How will transportation routes be affected? Consider congestion, hazards, capacities of affected roads and intersections and traffic to be generated, generation of truck traffic.
[i]
Effect on air quality and ambient noise level? Include what odors will originate; types and concentrations of gases, vapors, particulates, and smoke; noise and vibration levels at property lines and the level of heat and/or glare. Indicate levels of electromagnetic radiation at property lines. Indicate effects on local temperatures and wind circulation and whether there are any plants, animals, or materials in the area that are particularly susceptible to expected emissions. Indicate the nature, concentration and quantity of radioactive material to be discharged to the environment, pathways for entering the environment, dose to populations and biota, and possible concentrations through food chains.
[j]
Describe management practices proposed for the area.
[4]
Mitigating measures included in the proposed action. Describe actions or measures which will be taken to avoid or alleviate adverse environmental effects. Include reference to erosion control methods and adherence to air, noise or water pollution control techniques and standards.
[5]
Unavoidable adverse effects. If adverse effects have been identified under other sections of the Environmental Impact Study and cannot be mitigated, they should be again identified here. Describe who or what will be affected, and to what degree. Quantify wherever possible.
[6]
Relationship between the local short-term use of man's environment and the maintenance and enhancement of long-term productivity.
[a]
What are the impacts of the proposal in the context of other similar projects? In what way will future generations be affected by the currently proposed actions?
[b]
How do the immediate and long-range impacts on the area with the project compare with the immediate and long-range impacts without the project?
[7]
Any irreversible and irretrievable commitments of resources. Describe any irrevocable commitments of resources resulting from implementation of the proposal. An evaluation must be made of the extent to which the proposed action curtails or restricts the range of possible resources uses. Such commitments may occur because of resources extraction, erosion, destruction of archaeological, geological or historic features, destruction of fragile habitat or endangered species habitat, unalterable changes in land use, and resources used in project development.
[8]
Alternatives to the proposed action.
[a]
Identify alternatives which may be considered, including modification of the present proposal and different approaches to gaining the same result.
[b]
The beneficial and adverse effects of the alternatives should be discussed along with the reasons for rejection. Where appropriate, consideration should be given to alternate construction methods which may avoid environmental degradation.
§ 260-61 Occupancy permits.
A.
For new uses. After completion of the whole building or structure and upon the sworn application by the owner or his duly authorized agent setting forth such facts as the Zoning Officer may require and after actual inspection of the premises by the Zoning Officer or his duly authorized assistant, he shall, upon finding the facts to be as represented, issue in duplicate an occupancy permit, certifying that the premises comply with the provisions of the chapter and may be used for the purposes set forth in the permit, which purposes shall conform with the requirements of this chapter. No change of use shall be made in any building, structure or premises or any premises now or hereafter erected or altered that is not consistent with the requirements of this chapter. Any person desiring to change the use of his premises shall apply to the Zoning Officer for an occupancy permit, setting forth under oath such facts as may be required. A copy of the occupancy permit shall be kept at all times upon the premises affected and shall be displayed upon request made by an authorized official. A record shall be kept of all occupancy permits issued and the original applications therefor shall be kept on file in the same manner as applications for zoning permits. No owner, tenant or other person shall use or occupy any building or structure thereafter erected or altered, the use of which shall be changed after the passage of this chapter without first procuring an occupancy permit, provided that an occupancy permit once granted shall continue in effect so long as there is no change of use, regardless of change in the personnel of tenants or occupants.
B.
For existing uses.
(1)
Upon written request from the owner, tenant or occupant, the Zoning Officer, after inspection, shall issue an occupancy permit for an existing use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter.
(2)
No change or extensions of use and no alterations shall be made in a nonconforming use or premises without an occupancy permit having first been issued by the Zoning Officer stating that such change, extension or alteration is in conformity with the provisions of this chapter.
§ 260-62 Planning Commission.
A.
Review application and appeals. The Zoning Hearing Board may refer to the Planning Commission all applications for special exceptions and it may also refer any other applications or appeals which, in its opinion, require review by the Planning Commission. The Planning Commission shall review such applications in accordance with applicable criteria set forth in this chapter and any special requirements for the intended use.
B.
Report to the Zoning Hearing Board. The Planning Commission may recommend approval, disapproval or approval subject to conditions or modifications and shall report its findings to the Zoning Hearing Board within 30 days of receipt thereof; such report shall state all recommended conditions and modifications and the reasons for such approval or disapproval.
C.
Report to governing body. Following the enactment of this chapter, the Planning Commission shall from time to time prepare and file with the governing body, but in no case at less than two-year intervals, a report on the operation of this chapter, including recommendations on the enactment of amendments, supplements or changes thereto. The Planning Commission shall also review and report on all proposed conditional uses referred to it by the governing body.
§ 260-63 Violations and penalties.
A.
Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Officer, who shall properly record such complaint and immediately investigate and report thereon.
B.
Enforcement procedures.
(1)
Enforcement notice.
(a)
If it appears to the municipality that a violation of this chapter has occurred, the municipality shall initiate enforcement proceedings by sending an enforcement notice as provided in this part.
(b)
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel and to any other person requested in writing by the owner of record.
(c)
An enforcement notice shall be mailed to the alleged violator by certified mail and shall state at least the following:
[1]
The name of the owner of record and any other person against whom the municipality intends to take action.
[2]
The location of the property in violation.
[3]
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the chapter.
[4]
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
[5]
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within the prescribed period of time and in accordance with procedures set forth in Subsection B(3) hereof.
[6]
The failure to comply with the notice within 30 days of the date of said notice, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
(2)
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, the Zoning Officer, 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 municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given.
(3)
Appeals. Any recipient of a notice of enforcement shall have the right to appeal to the Zoning Hearing Board to remove such notice. Such appeals, however, must be filed with the Zoning Hearing Board not more than five days following the receipt of such an enforcement notice.
C.
Penalties.
(1)
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 municipality, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the municipality 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 municipality 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 zoning ordinances shall be paid over to the municipality.
(2)
The Court of Common Pleas, 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.
(3)
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.
§ 260-64 Fees.
A.
The following fees, in such amounts as shall be set by resolution of the Borough Council, shall be paid to the Zoning Officer upon the filing of an application:[1]
(1)
Fees for zoning permits not requiring Board action.
(2)
Zoning permits for business and outdoor advertising signs, per signage project.
(3)
Occupancy permits.
(4)
Applications requiring Board action, including appeals for variances, requests for amendments, applications for special uses, applications for rehearings on appeals and applications; provided, however, that for any development, such as a parking lot which is not subject to Chapter 220, Subdivision and Land Development, but which requires engineering, the application shall be accompanied by an additional fee which shall be considered to be a deposit against the cost of such Borough engineering services. In the event that such costs shall exceed the amount of the deposit, the applicant shall be responsible for the payment of such additional costs; and if said costs are less than the amount of the deposit, the unused funds shall be returned to the applicant.
B.
Fees are intended to cover the costs of advertising and other costs of administering applications requiring Board action, including but not limited to stenographic recordings of proceedings. In the event that actual costs are less than the fee paid with the application, the Borough shall refund surplus payments in excess of $25.