Downingtown City Zoning Code
ARTICLE XXI
Administration
§ 287-129 Duties and functions of Zoning Officer.
There shall be a Zoning Officer, appointed by the Borough Council and meeting the qualifications established by the Borough Council, whose duty it shall be, and who is hereby given the authority, to enforce the provisions of this chapter. He shall:
A.
Receive and examine all applications for permits, referring applications to the Planning Commission for review and recommendation when deemed advisable; record and file all applications for permits with any accompanying plans and documents.
B.
Issue permits only when there is compliance with the provisions of this chapter and with other Borough ordinances.
C.
Receive applications for special exceptions or variances and forward these applications to the Zoning Hearing Board for action thereon.
D.
Receive applications for appeals from alleged error of the Zoning Officer and forward these applications to the Zoning Hearing Board for action thereon.
E.
Receive applications for conditional uses and forward these applications to the Borough Council and the Planning Commission for action thereon.
F.
Issue permits resulting from decisions on special exception or variance applications or from decisions on conditional use applications, only upon written order of the Zoning Hearing Board or the Borough Council, respectively.
G.
Conduct inspections or surveys to determine compliance or noncompliance with the terms of this chapter.
H.
Issue cease-and-desist orders, in writing, to require correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this chapter.
I.
Maintain the Official Zoning Map showing the current zoning classification of all land.
J.
Upon the request of the Borough Council, the Planning Commission or the Zoning Hearing Board, present to such bodies facts, records or reports which they may request to assist them in making decisions.
§ 287-130 Building permit required.
A.
It shall be unlawful to undertake or cause to be undertaken any erection, construction, alteration, demolition or removal of any building or structure anywhere within the Borough unless a building permit has been obtained from the Zoning Officer. A building permit shall not be required for minor repairs to existing buildings or structures, as such repairs are defined by this chapter.
§ 287-131 Application for building permit.
A.
Any application for a building permit shall be made in writing on forms furnished by the Borough. It shall be accompanied by a plot plan showing the exact size and location of any buildings or other structures existing on the lot in question or upon abutting land within 50 feet of the side and rear lot lines of such lot and the lines within which the proposed building or other structure shall be erected or altered. In addition, there shall be included with all applications such other plans, documents and information as the Zoning Officer may deem necessary to enable him to ascertain compliance with this chapter and all other pertinent ordinances.
§ 287-132 Issuance of building permits.
A.
The Zoning Officer shall issue a building permit only after he has determined that the proposed work to be undertaken will be in conformance with the requirements of this chapter and all other applicable codes and ordinances.
B.
Prior to the issuance of any building permit, the Zoning Officer shall review the permit application to determine if all other necessary governmental reviews and permits have been obtained, including but not limited to those required by Act 537, the Pennsylvania Sewage Facilities Act; the Pennsylvania Dam Safety and Encroachments Act;[1] the United States Clean Water Act; the Pennsylvania Floodplain Management Act; and the Pennsylvania Clean Management Act; and the Pennsylvania Clean Streams Act.[2] No permit shall be issued until this determination has been made.
C.
A building permit shall be issued or the application denied within 30 days of submission of the application, unless the Zoning Officer will require a more extended time period to obtain and/or review any additional plans, documents or other information he deems necessary to determine compliance with applicable ordinances, as authorized by § 287-131A above. Where such an extension of time will be needed, the Zoning Officer shall seek written concurrence by the applicant; in the absence of such written concurrence, the Zoning Officer shall have the right to deny the application within the thirty-day period.
D.
Upon completion of the erection, addition to or alteration of any structure or portion thereof authorized by any building permit obtained in compliance with this article and prior to use or occupancy of such structure, the holder of such permit shall notify the Zoning Officer of such completion. Use and occupancy shall not be authorized until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with this chapter and other applicable ordinances and has issued a use and occupancy permit as provided below.
§ 287-133 Use and occupancy permit required.
A.
A use and occupancy permit shall be required prior to any of the following:
(1)
Use and occupancy of any building or other structure hereafter erected or altered for which a building permit is required.
(2)
Change from one class of use to another of any building or structure and change in occupancy of any principal nonresidential building or structure.
(3)
Use of land or change in the use thereof, except that the use of land or change in use for agricultural purposes shall not require a permit.
(4)
Change in use or extension of a nonconforming use.
(5)
Any development within the Floodplain District that is not otherwise required to obtain a building permit or a use and occupancy permit.
B.
It shall be unlawful for any person to use or occupy any building or other structure or land until a use and occupancy permit has been duly issued therefore.
§ 287-134 Application for use and occupancy permit.
All applications for use and occupancy permits shall be made in writing on forms furnished by the Borough and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter, including the notice of completed work on the structure as required in § 287-132.
§ 287-135 Certification of compliance; temporary permit.
No use and occupancy permit shall be issued until the Zoning Officer has certified that the proposed use complies with all the provisions of this chapter and has inspected the premises to confirm compliance of the building. Pending completion of a building or of alterations thereto, a temporary use and occupancy permit may be issued by the Zoning Officer for temporary occupancy of a part or all of a building, provided that such temporary occupancy would not in any way jeopardize life or property.
§ 287-136 Issuance or refusal of use and occupancy permit.
If the Zoning Officer determines that an application is in compliance with the provisions of this chapter, it shall be his duty to issue the appropriate permit. If he determines that an application is not in compliance with the provisions of this chapter, it shall be his duty to refuse the permit, in which case he shall inform the applicant as to the prescribed method of appeal or further application for approval.
§ 287-137 Conditional uses.
A.
Statement of intent. This chapter provides for certain uses to be permitted within the Borough as conditional uses. In so providing, the Borough Council recognizes that these uses may or may not be appropriate at every location within any specific district and, accordingly, has established standards and criteria by which it can evaluate and decide upon applications for such uses. It is intended that these uses, constituting major uses having the potential for substantial impact upon the community, shall comply with the standards for conditional uses hereinafter set forth, in addition to the relevant stipulations of the district in which the conditional use is authorized. In the discretion of the Borough Council, failure to comply with these standards may be deemed a basis for the imposition of appropriate conditions to a grant of approval. Where there is a conflict between the standards set forth in this section and other standards elsewhere established by this chapter or other applicable ordinances, it is intended that the more stringent standards shall apply, and it is not the intent of this section to abrogate or impair any other such standards or requirements.
B.
Procedures for submission and review of conditional use applications.
(1)
Content of application.
(a)
An application for conditional use approval shall be submitted on a form provided by the Borough and shall be accompanied by an application fee, the amount of which shall be established by resolution of the Borough Council.
(b)
Where specific conditional use submission requirements are contained within another Article of this chapter and are applicable to a particular conditional use authorized by that Article, those requirements shall be adhered to and shall prevail in any instance of conflict or overlap.
(2)
Generalized site plan.
(a)
A generalized site plan shall be submitted as part of any conditional use application. It is not intended that such a plan be engineered or contain a fixed architectural layout, such as would be required under the Borough Subdivision and Land Development Ordinance.[1] The plan shall, however, demonstrate compliance with all applicable standards for approval of the conditional use, including those cited in Subsection B(2)(c) below.
(b)
The scale of the generalized site plan shall be one inch equals 50 feet.
(c)
In addition to demonstrating compliance with all standards applicable to the conditional use being requested, the generalized site plan shall show the applicant's intentions with regard to the following:
[1]
Site access, interior circulation and parking.
[2]
Location, approximate dimension and arrangement of all areas devoted to ground cover, trees, screen planting, open space, recreation and similar purposes, as applicable.
[3]
Adequate handling of stormwater, in the form of a preliminary written analysis and conclusions as to anticipated methods, prepared by a registered professional engineer.
[4]
Location, planned uses, approximate overall dimensions, gross floor area, coverage and height of each building or structure.
C.
Application review procedures.
(1)
The application will be reviewed by the Zoning Officer. If it is deficient with regard to any required components, procedures or fees, the Zoning Officer will so notify the applicant. This review and notification shall occur prior to the scheduling of a public hearing on the application. If such identified deficiencies are not remedied in the form of a resubmitted application, such deficiencies shall constitute grounds for denial of the application by the Borough Council subsequent to public hearing.
(2)
The Borough Council shall schedule and hold a public hearing on the application pursuant to public notice within 60 days of filing unless the applicant, in writing, waives or extends the time limitation.
(3)
At least 45 days prior to the date of the hearing, one copy of the application shall be furnished to the Borough Planning Commission, together with a request that it submit recommendations to the Council for consideration at the hearing. The Planning Commission, in its review of the conditional use application, shall evaluate in particular the generalized site plan in relation to the Comprehensive Plan for the Borough and the physical development of the Borough.
(4)
Notice of the public hearing shall be given in the same manner and to the same persons as required under § 287-142B(1)(e). A stenographic record of the proceedings shall be kept. Anyone requesting a copy of the transcript shall bear the cost thereof.
[Amended 6-7-2006 by Ord. No. 2006-02]
(5)
The plan presented at the public hearing shall be essentially the same as that reviewed by the Planning Commission. Changes deemed by the Planning Commission to be substantial may result in rescheduling the public hearing where the Planning Commission finds that such changes necessitate a greater period of time for review and comment.
(6)
Upon review of the application in terms of the standards and criteria of this chapter, the Borough Council shall render a decision within 45 days of completion of the public hearing process.
(7)
In approving a conditional use application, where such use is authorized under this chapter, the Borough Council may, at its sole discretion, attach such conditions to its approval as it deems necessary to further the purposes of this chapter. Such conditions may include but need not be limited to specific modifications to area and bulk requirements as might otherwise be applicable, provisions for additional utility or traffic safety facilities, securing of additional easements or property to assure proper site design or modification to the applicable design standards.
(8)
If the Borough Council approves the application and accompanying generalized site plan, such approved plan shall accompany any application for subdivision or land development as prescribed by the Borough Subdivision and Land Development Ordinance,[2] in addition to the detailed working drawings normally required, and any application for a building permit. The issuance or rejection of a building permit shall take place in the regularly prescribed manner herein pertaining to building permits but shall be preceded by compliance with the Subdivision and Land Development Ordinance.
(9)
Any grant of conditional use approval shall be deemed null and void six months from the date of such approval if, within that period, no application is made for a building permit, a use and occupancy permit, or subdivision or land development approval, as appropriate, unless the Borough Council shall grant an extension.
D.
General standards for conditional use approval.
(1)
In reviewing and acting upon an application for conditional use, the Borough Council shall evaluate the degree of compliance with the following standards:
(a)
The uses proposed shall be limited to those authorized as conditional uses within the district in which the lot or parcel is situated.
(b)
The proposal shall be consistent with the Borough Comprehensive Plan and with the purpose of this chapter to promote the public health, safety and general welfare.
(c)
The appropriate use and the value of adjacent property will be safeguarded.
(d)
The development, if more than one building, will consist of a harmonious grouping of buildings or other structures.
(e)
If the development is to be carried out in progressive stages, each stage shall be so planned that the conditions and intent of this chapter shall be fully complied with at the completion of any stage.
(f)
The demand created by the proposed use upon public services and facilities, such as water supply, sewage disposal, police and fire protection, emergency services, open space and recreation facilities, and the public school system has been considered, and, where necessary, adequate arrangements for expansion or improvement are assured.
(g)
The design and use of any new construction and the proposed change of design, if any, and proposed change in use of existing buildings will be compatible with the existing designs and uses in the immediate vicinity and that the proposed design or use shall be compatible with the character of the neighborhood.
(2)
The Borough Council shall weigh each case on its own merits, separately, based upon pertinent information presented or known to it, and without regard to any previous case.