Darby City Zoning Code
ARTICLE XX
Administration, Enforcement and Amendments
§ 153-150 Purpose.
§ 153-151 Administration.
A.
The administration, enforcement and amendment of this chapter shall be in accordance with the provisions of Article VI and any other applicable sections of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] hereinafter referred to in this article as "the Planning Code."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
There shall be a Zoning Officer (ZO), who shall be appointed by Borough Council and be responsible for the administration and enforcement of this chapter. The Borough Manager may also exercise the powers and duties of the ZO listed in this article. Additionally, the ZO may delegate the power of enforcement to another qualified employee of the Borough. All employees engaged in the administration and enforcement of this chapter shall report to the appropriate Council Committee and the Borough Manager.
C.
The ZO and the Borough Manager shall not hold any elected office in the Borough.
D.
The ZO shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction, use, or change of use that does not conform to this chapter.
E.
The ZO may be authorized to institute civil enforcement proceedings as a means of enforcing this chapter.
F.
Duties. The duties of the ZO shall include, but not be limited to, the following:
(1)
The enforcement of all provisions of this chapter and all amendments thereto.
(2)
The receiving, examination, recording and filing of all applications and fees for zoning permits, and the issuance of such permits when a proposed structure or use conforms to the requirements of this chapter.
(3)
The issuance of permits for uses and construction by special exception, variance or conditional use only after such uses or buildings are approved by the Zoning Hearing Board or Borough Council, in accordance with the provisions of this chapter. Permits requiring approval by Borough Council shall be issued only after receipt of an authorization from Council.
(4)
The regular inspection of all areas of the Borough to determine if there are any violations of this chapter and to review the validity of any reported zoning violations.
(5)
The issuance of all necessary stop orders, and order in writing corrections of all conditions found to be in violation of this chapter. It shall be unlawful for any person to violate any such order lawfully issued by the ZO, and any person violating such order shall be guilty of a violation of this chapter.
(6)
The maintenance or initiation and oversight of the maintenance of a map or maps showing the current zoning classification of all land in the Borough.
(7)
Upon request of the Council, Planning Commission or Zoning Hearing Board, the presentation of facts, records and any similar information to such body on specific requests to assist these bodies in reaching their decisions.
G.
Appeals from decisions of the ZO. An appeal from a decision or action of the ZO shall be made directly by a party of interest to the Zoning Hearing Board, and such appeal shall be made within 30 days after notice of the decision is made, or if no decision is made, 30 days after the date when a decision is deemed to have been made, in accordance with the Planning Code, as amended.
H.
Violations.
(1)
Whenever a violation of this chapter is alleged to have occurred, any person may file a written and signed complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the ZO, who shall record such complaint promptly and immediately investigate and take action thereon as provided in this chapter.
§ 153-152 Enforcement.
A.
Enforcement notice. If it appears to the Borough that a violation of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice to the owner of record of the parcel(s) on which the violation has occurred, to any person who has filed a written request to receive an enforcement notice regarding that parcel, and to any other person requested in writing by the owner of record. An enforcement notice shall include the minimum components required in Section 616.1(c) of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1(c).
§ 153-153 Permits and fees.
A.
Zoning permits. A zoning permit shall be required prior to the erection, alteration or extension, or conversion of any building, structure or portion thereof, including signs and fences; prior to the use or change in use of a building or land; and prior to the change or extension of a nonconforming use or structure.
(1)
Application for zoning permits. Application for zoning permits shall be made to the ZO on such forms as may be furnished by the Borough. Each application shall contain all information necessary to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this chapter.
(2)
Issuance of zoning permits.
(a)
No building or zoning permit shall be issued until the ZO has certified that the proposed building or alteration and the proposed use of the property comply with the provisions of this chapter.
(b)
Zoning permits shall be granted or refused within 45 working days after date of application. In case of refusal, the applicant shall be informed of his right to appeal to the Zoning Hearing Board.
B.
Occupancy permits. An occupancy permit shall be deemed to authorize and is required for both initial and continued occupancy and the use of the building or land to which it applies. Such a permit shall certify that the premises have been inspected and comply with all previously approved plans and conditions or safeguards attached to the issuance of a zoning permit. It shall also certify that the premises comply with all other applicable requirements of the Borough.
(2)
Applications for occupancy permits.
(a)
Applications for an occupancy permit shall be made on forms furnished by the Borough after the building or part thereof has been erected, the change in use has been completed, or the land placed in use. In the case of a change in ownership of an existing residential building, the owner of such a building shall apply for an occupancy permit upon its sale.
(b)
Applications for occupancy permits shall be accompanied by payment of the required fee.
(3)
Action of the Zoning Official.
(a)
The ZO shall, within 15 days of the application filing, inspect the premises and either certify their compliance with the previously approved plans and all conditions and safeguards stated upon issuance of the an occupancy permit or deny such certification. In the case of a change in occupancy or use of an existing building or vacant land (when no zoning permit is required), the ZO shall verify compliance with the applicable zoning regulations.
(b)
If the certification of the occupancy permit form is denied, the ZO shall state in writing the reasons for such denial.
C.
Conditional use permits. After review of a conditional use application and its compliance with all applicable provisions of this chapter with all applicable provisions of this article and Article XVIII, Council shall make a determination on issuing a conditional use permit.
D.
Permits for trailers or other temporary structures.
(1)
Prior to the placement or location of a trailer or other temporary structure on a site, a permit shall be obtained from the ZO as noted above in this section. Such temporary permit shall be effective for not more than 90 days, and a permit renewal shall be required where such trailer or other temporary structure shall occupy the property for a longer period of time.
(2)
Temporary permits shall authorize the placement of temporary structures for not more than six months in any given calendar year unless stated elsewhere in this chapter or in circumstances deemed necessary by the ZO.
(3)
Nothing in this subsection shall be construed to prohibit the parking of trailers or recreational vehicles in private driveways or garages.
E.
Expiration of permits. Permits for the erection, razing, change, alteration or removal of a building shall be valid or effective for a period of not more than six months from the date of issuance thereof and shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced within that period and continues with due diligence from that time forward. In no event shall a zoning permit be construed to authorize the development activities for more than a three-year period of time, after which time a new permit must be sought. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted for reasons beyond his or her control and demonstrably not due to his or her own negligence, at the discretion of the ZO, the permit may be renewed without additional costs to the applicant.
F.
Fees.
(1)
Darby Borough Council shall establish from time to time, by resolution, a schedule of fees, charges, expenses and collection procedures for building, zoning and occupancy permits, sign and fence permits, special exceptions, conditional uses permits, variances, and appeals, amendments and other matters pertaining to this chapter.
(2)
A schedule of fees shall be posted in the office of the ZO and may be altered or amended by Borough Council only.
(3)
No action shall be taken on any application for a building, zoning, occupancy or sign permit, or special exception, conditional use variance, appeal or other similar matter pertaining to this chapter until all application fees, charges and expenses have been paid in full.
§ 153-154 Amendments.
A.
Power to amend. The regulations, restrictions, boundaries and requirements set forth in this chapter may be amended, supplemented, changed or repealed by Borough Council by amending this chapter in accordance with Sections 609, 609.1 and 609.2 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609, 10609.1 and 10609.2, respectively.
B.
Procedure for amendment.
(1)
An ordinance amending, supplementing or changing the district boundaries (Zoning Map) or the regulations established herein may be initiated:
(2)
Before voting on the enactment of an amendment, Borough Council shall hold a public hearing thereon, pursuant to public notice. If the proposed amendment involves a map change, notice of said public hearing shall be conspicuously posted at points deemed sufficient by the Borough along the tract(s) under consideration at least one week prior to the hearing. In addition, when a proposed amendment involves a map change, a mailing shall be sent via first class mail to the real estate tax bill addresses of all property within an area be rezoned least 30 days prior to the public hearing date. The mailing must include at least the date, time and location of the hearing.
(3)
Borough Council shall submit each proposed zoning amendment, other than one prepared by the Planning Commission, to the Planning Commission at least 30 days prior to any hearing which is to be held on the proposed amendment to provide the Planning Commission with an opportunity to submit its recommendations prior to final action.
(4)
If, after any public hearing held upon an amendment, the proposed amendment is revised or further revised to include land previously not affected by it, Borough Council shall hold another public hearing as required by law pursuant to public notice before proceeding to vote on the amendment.
(5)
As required by the Planning Code, a copy of any proposed zoning amendment shall also be sent to the County Planning Commission at least 30 days prior to any hearing on the proposed amendment in order to provide the County Planning Commission an opportunity to submit its recommendations prior to final action on the amendment.
(7)
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Delaware County Planning Department.