Dublin City Zoning Code
PART 11
ADMINISTRATION
§ 27-1101 Zoning Officer; Duties and Powers.
[Ord. 294, 11/26/2007, § 27-1101]
1.
The provisions of this chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by the Borough Council.
2.
It shall be the duty of the Zoning Officer and he/she shall have the power to:
A.
Receive and examine all applications for zoning permits.
C.
The Zoning Officer shall issue permits only where there is compliance with the provisions of this chapter, with other Borough ordinances, and with the laws of the commonwealth. Permits for construction or uses requiring a special exception or variance shall be issued only upon order of the Zoning Hearing Board. Permits requiring approval by the Borough Council shall be issued only after receipt of approval from the Borough Council.
D.
Receive applications for conditional uses, curative amendments, and zoning changes, forwarding requests to the Borough Council, Planning Commission and other appropriate agencies.
E.
Receive applications for special exceptions and variances and to forward these applications to the Zoning Hearing Board for action thereon.
F.
Following refusal of a permit, to receive applications for interpretation, appeals and variances. These applications will then be forwarded to the Zoning Hearing Board for action thereon.
G.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
H.
Issue stop, cease and desist orders, and order in writing correction of all conditions found to be in violation of the provisions of all applicable Borough ordinances. 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. It shall be unlawful for any person to violate any such order issued lawfully by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this chapter.
I.
With the approval of the Borough Council, or when directed by them, institute in the name of the municipality any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct, or abate such violation, so as to prevent the occupancy or use of any building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
J.
Revoke any order or zoning permit issued under a mistake of fact, or contrary to the law or the provisions of this chapter.
K.
Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans, and documents shall be a public record.
L.
Maintain a map or maps showing the current zoning classification of all land in the Borough.
M.
In the case of applications for zoning permits for uses listed in Part 5, with the exception of single-family detached dwelling accessory other than home occupations, the Zoning Officer shall refer subject applications to the Planning Commission, and when directed to do so by the Borough Council, to the Borough Engineer for review.
§ 27-1102 Duties of the Dublin Borough Planning Commission.
[Ord. 294, 11/26/2007, § 27-1102]
The Planning Commission shall review applications for zoning permits referred to it under § 27-1101, Subsection 1M, to ensure compliance with the terms of this chapter and other such applications as referred to in § 27-1101, Subsection 1D,. In reviewing such applications, the Planning Commission shall follow the same procedure employed in reviewing subdivision or land development plans. The Planning Commission shall submit its recommendations and findings to the Borough Council within 30 days of receipt of the application from the Zoning Officer. Should the Planning Commission fail to submit a report and recommendations to the Borough Council within 45 days from receipt of the application from the Zoning Officer, the application shall be deemed acceptable to the Planning Commission.
§ 27-1103 Zoning Permits Required.
[Ord. 294, 11/26/2007, § 27-1103]
Hereafter, no use listed in Part 5 may be established or changed; no structure shall be erected, constructed, reconstructed, altered, razed, removed, and no building used or occupied, or changed in use, until a zoning permit has been secured from the Zoning Officer. Upon completion of changes in use or construction, reconstruction, alteration, or moving of structures, the applicant shall notify the Zoning Officer of such completion. No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted on the permit that the work or occupancy and use have been inspected and approved as being in conformity with the provisions of this chapter.
§ 27-1104 Application Requirements for Zoning Permits.
[Ord. 294, 11/26/2007, § 27-1104]
1.
All applications for zoning permits shall be made in writing by the owner, tenant, vendee under contract of sale, or authorized agent on a form supplied by the Borough and shall be filed with the Zoning Officer. The application shall include four copies of the following information:
A.
A statement as to the proposed use of the building or land.
B.
A site layout drawn to scale showing the location, dimensions, and height of proposed buildings, structures, or uses and any existing buildings in relation to property and street lines. If the application relates to property scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
C.
The location, dimensions, and arrangements of all open spaces, yards and buffer yards, including methods to be employed for screening.
D.
The location, size, arrangement, and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading, and provisions to be made for lighting such areas.
E.
The dimensions, location, and methods of illumination for signs, if applicable.
F.
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
G.
Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage.
H.
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.
I.
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, fire hazards, traffic congestion or other safety hazards.
J.
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
K.
Any other data deemed necessary by the Zoning Officer, Planning Commission or Borough Council to enable them to determine the compliance of the proposed development with the terms of this chapter.
2.
No permit for any new use or construction which will involve the on-site disposal of sewage or waste, and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site, shall be issued until a certificate of approval has been issued by the Bucks County Department of Health.
§ 27-1105 Fees.
[Ord. 294, 11/26/2007, § 27-1105]
All applicants for zoning permits, special exceptions, and interpretation and variance appeals shall, at the time of making application, pay to the Zoning Officer for use of the Borough a fee in accordance with a fee schedule adopted by resolution of the Borough Council upon the enactment of this chapter or as such schedule may be amended by resolution of the Borough Council.
§ 27-1106 Life of a Permit.
[Ord. 294, 11/26/2007, § 27-1106]
Any erection, construction, reconstruction, alteration, or moving of a building or other structure, including a sign authorized by a zoning permit, shall be commenced, and any change in use of a building or land authorized by a zoning permit shall be undertaken within one year after the date of issuance of the permit. If not, the permit shall be considered null and void. However, in case of erection or construction of a building, the right to proceed with construction may be extended annually without additional fees for an aggregate period of not more than three years; provided, that the construction pursuant to said permit has commenced within the first one-year period.
§ 27-1107 Certificate of Occupancy.
[Ord. 294, 11/26/2007, § 27-1107]
1.
Hereafter no structure erected, constructed, reconstructed, extended or moved, and no land or building changed in use under a zoning permit, shall be occupied or used in whole or in part for any use whatsoever, until the owner or authorized agent has been issued a certificate of occupancy by the Zoning Officer, indicating that the building or use complies with the terms of zoning as provided in this chapter.
2.
No certificate shall be issued until the premises in question have been inspected and found by the Zoning Officer to be in compliance with this chapter. No fee shall be charged for a certificate of occupancy.
3.
The issuance of a certificate of occupancy in no way absolves the owner or authorized agent from compliance with the intent of this chapter.
§ 27-1108 Appeals of Reports, Determination and Decisions.
[Ord. 294, 11/26/2007, § 27-1108]
General Rule. The intent of this Part as amended, is to follow the structure of the Act, 53 P.S. § 10101 et seq., in order to eliminate multiple or cross-appeals. There is no appeal from a "report." A "determination" is a response to an application to an administrative officer which constitutes a final decision in the administration of this chapter. These bodies make decisions which are appealable to court under the Act.