Eagles Mere City Zoning Code
§ 105-21
Administration.
A.
Zoning Officer. It shall be the duty of the Zoning Officer to administer the provisions of this chapter. He shall examine all applications for permits, issue permits which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans or documents and make such reports as Borough Council may require.
B.
Permits required. A permit shall be required prior to the erection, addition or alteration of any building or portion thereof, prior to the use or change in the use of a building or land, prior to any change or extension of a nonconforming use, and prior to the construction, reconstruction, creation or alteration of all driveways or access drives.
[Amended 9-12-2002 by Ord. No. 2002-3]
C.
Applications for permits.
(1)
Applications for permits shall be made in writing to the Zoning Officer on forms furnished by the borough. The application shall contain all information necessary to enable the Zoning Officer to ascertain whether the proposed building or use complies with the provisions of this chapter. All applications involving construction of a building or an addition or alteration to a building shall specify the materials to be used to finish the exterior and roof of the building, and no application shall be granted unless the application shows provision for the completion of the exterior and roof with materials suitable for the final finishing of exterior surfaces. Applications shall be accompanied by the fee specified by Borough Council.
(2)
In addition to the requirements of the preceding Subsection C(1), applications for approval of a conditional use for mining, extraction and drilling for minerals shall include the following:
[Added 7-6-2009 by Ord. No. 2009-02A]
(a)
Name and address of the land owner and/or developer.
(b)
Complete description of the development in reasonable detail, including any required roads, infrastructure and pipelines.
(c)
Proof that all necessary approvals, consents and permits have either been obtained from the applicable local, state or federal agencies or, if not yet obtained, the status of the approvals, consents or permits.
(d)
Proof that all necessary rights-of-way, easements or consents have been obtained to install pipelines.
D.
Issuance of permits. No permits shall be issued until the Zoning Officer has determined that the proposed building, addition, alteration or use complies with all of the provisions of this chapter. Further, no permit shall be issued prior to the construction or renovation of any building without a driveway or access drive permit.
[Amended 9-12-2002 by Ord. No. 2002-3]
E.
Expiration of permits. All permits issued after the date of this chapter shall expire unless construction is commenced within 12 months of the issuance of the permit and the permit shall contain a notation to that effect. The exterior and roof of all buildings or additions or alterations to a building shall be completed in conformance with the application within two years of the issuance of the permit.
F.
Zoning Hearing Board. The Zoning Hearing Board (the Board) shall consist of three members appointed by Borough Council as provided by law. The Board shall hear applications, appeals and challenges as specified in the Pennsylvania Municipalities Planning Code (the Code),[1] and shall have the full power vested in a Zoning Hearing Board by the code, including the power to adopt rules and procedures consistent with the provisions of the code. Applications, appeals or challenges may be filed with the Chairman or Vice Chairman of the Board, or with the Borough Secretary.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Applications to Borough Council. Applications for approval of a conditional use by Borough Council and challenges filed with that body shall be filed with the Chairman or Vice Chairman of Borough Council or with the Borough Secretary. An application for conditional use approval shall be referred promptly to the Zoning Committee of Borough Council which shall have the powers and duties conferred by the Municipalities Planning Code upon a planning agency. Within 45 days, the committee shall submit to Borough Council its written recommendations with respect to the application.
H.
Appeals and applications.
[Amended 10-1-1998 by Ord. No. 121]
(1)
Applications, appeals, challenges and applications for approval of a conditional use (together called "application" in this subsection) filed with the Board or with Borough Council, shall be in writing and shall state:
(a)
The name and address of the person filing the application.
(b)
The name and address of the owner of the property involved in the application.
(c)
A brief description of the property involved in the application.
(d)
Application for approval of a sign shall be made by the owner or lessee of the property on which the sign is to be located, or the agent of either; provided, however, that if the application is made by a person other than the owner, it shall be accompanied by a written authorization from the owner. The full names and addresses of the owner, lessee, applicant or other responsible party shall be stated in the application.
(e)
A brief description of the improvements upon the property, and the present use thereof, and a description of the action or permission requested, or to which objection is made. If the application is for approval of a sign, the application shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the sign, the location where the sign will be erected and such other information as may be necessary to determine compliance with this chapter.
(f)
A brief description of the matters that are at issue and the grounds for the application.
(g)
A statement that the applicant requests a hearing.
I.
Meetings. Meetings of the Board or of Borough Council with respect to zoning proceedings shall be held at the call of the Chairman, or in his absence, the Vice Chairman, and at such other times as the Board or Borough Council may determine. The Chairman, or in his absence the Vice Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public and shall be governed by § 908(l) through (10) of the code,[3] as amended from time to time. [In the case of hearings before Borough Council, the word "Board" in the cited code provisions shall mean Borough Council.]
[3]
Editor's Note: See 53 P.S. § 10908(1) through (10).
J.
Public hearings.
(1)
Upon the filing of an application, appeal, challenge or application for approval of a conditional use, the Board or Borough Council, as the case may be, shall fix a time and place for a public hearing and shall give notice thereof as follows:
(a)
By publishing notice thereof once a week for two successive weeks, in a newspaper of general circulation in the borough.
(b)
By mailing notice to the parties in interest.
(c)
By mailing notice to every resident or property owner or association of residents or property owners of the borough who shall have registered their names and addresses for this purpose with the Secretary of the Borough.
(d)
By mailing notice thereof to the owner or owners, if their residence is known, or to the occupier or occupiers of every lot on the same street within five hundred (5001) feet of the real estate in question, and of every lot not on the same street but within 150 feet of the real estate.
(3)
Notices shall state the location of the real estate involved and the general nature of the questions involved, and the time and place of the hearing.
K.
Standards of proof.
(1)
An applicant for a variance shall have the burden of establishing both:
(2)
An applicant for a special exception or a conditional use approval shall have the burden of establishing both:
(a)
That his application falls under a provision of this chapter which accords to the applicant the right to seek a conditional use approval. For mining, extraction or drilling operations an applicant also must establish that the specific site selected is an appropriate location for the use and that noise, glare and other effects of the use will not adversely affect other properties; and
[Amended 7-6-2009 by Ord. No. 2009-02A]
(b)
That the granting of a conditional use approval will not be contrary to the public interest.
(3)
In determining whether the allowance of a variance, special exception or a conditional use approval is contrary to the public interest, the Board or Borough Council, as the case may be, shall consider whether the application, if granted, will:
(a)
Substantially increase traffic in the streets or create dangerous traffic patterns or create hazards to vehicles or pedestrians;
[Amended 7-6-2009 by Ord. No. 2009-02A]
(b)
Overcrowd the land or create an undue concentration of population or commercial or industrial activity;
(c)
Be consistent with surrounding zoning and the character of the neighborhood in which the real estate is located including, where applicable, the historical attributes of the neighborhood;
(d)
Have a significant adverse effect on the neighborhood or neighborhood property values;
[Amended 7-6-2009 by Ord. No. 2009-02A]
(e)
Adversely affect the public health, safety or welfare due to changes in drainage, air quality, noise or glare levels or natural features of the land;
[Amended 7-6-2009 by Ord. No. 2009-02A]
(f)
Adversely affect the logical, efficient and economical extension or provision of services and facilities such as public water, sewers, refuse collection, police and fire protection; or
(g)
Make satisfactory provision and arrangements concerning the following:
[Added 7-6-2009 by Ord. No. 2009-02A[4]]
[1]
Ingress and egress to the property and structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow, control and access in case of fire or catastrophe; and
[2]
Off-street parking and loading; and
[3]
Refuse and service areas; and
[4]
Screening and buffering with reference to type, dimensions and character.
[4]
Editor’s Note: This ordinance also provided for the redesignation of former Subsection K(3)(g) as Subsection K(3)(h).
(h)
Otherwise adversely affect the public health, safety, morals or welfare. (The applicant shall not have the burden of proof with respect to this criteria.)
L.
Expiration of approval. Unless otherwise specified by the Board or by Borough Council, a variance, special exception or conditional use approval shall expire if a permit is not obtained within six months from the date of the decision which authorizes its issuance. If an appeal is taken, the six-month period shall run from the final determination in the proceeding.
M.
Enforcement procedure.
[Amended 10-1-1998 by Ord. No. 121]
(1)
The Zoning Officer shall report alleged ordinance violations to Borough Council. Upon authorization of the Borough Council, the Zoning Officer shall investigate complaints of ordinance violations and issue enforcement notices and orders. Such notices shall be sent, in writing, by certified or registered mail or served personally as described below upon persons, firms or corporations deemed to be violating the terms of the ordinance, and/or deemed by the Zoning Officer to be the owner of record of the parcel on which the violation has occurred, directing them to correct all conditions found in violation. If any such person or persons does not comply with the written notice of violation within a prescribed period of time, the Zoning Officer shall notify the governing body for their authorization to file a citation with the District Justice. An enforcement or violation notice shall state at least the following:
(a)
The name of the owner of record and any other person against whom the municipality intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements which have not ben met, citing in each instance the applicable provisions of the ordinance.
(d)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board.
(f)
That failure to comply with the notice within the time specified, unless extended by appealing to the Zoning Hearing Board, constitutes a violation with possible sanctions clearly described.
(2)
In any appeal of an enforcement notice to the Zoning Hearing Board, the Borough Council shall have the responsibility of presenting its evidence first.
N.
Violations.
[Amended 10-1-1998 by Ord. No. 121]
(1)
Notice of violation. Whenever the Zoning Officer determines or feels that there has been a violation of any provision of this chapter, the Officer shall give notice of such alleged violation, as provided in Subsection I of this section.
(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 governing body or, with the approval of the governing body, an officer of the municipality, 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 of 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)
Enforcement remedies. District Justices shall have jurisdiction over enforcement actions. Any person, partnership or corporation who or which shall violate the provisions of this chapter shall, upon conviction thereof in a civil enforcement proceeding commenced by the municipality, be sentenced to pay a fine of not more than $500, plus all court costs, including reasonable municipal attorney fees. Each day that a violation is continued shall constitute a separate offense, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the 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 District Justice and thereafter each day that a violation of this chapter continues shall constitute a separate violation. All fines collected for the violation of this chapter shall be paid over to the borough. If the defendant neither pays for the fines nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure.
O.
Severability. The provisions of this chapter are severable, and it any section, sentence, clause, part or provision of this chapter or of the zoning map which is a part of this chapter shall be held illegal, invalid or unconstitutional by Borough Council, the Zoning Hearing Board or by any court of competent jurisdiction, such decision shall not affect the remaining sections, sentences, clauses, part or provisions of this chapter or said map. It is hereby declared to be the intent of Borough Council that this chapter and said map would have been adopted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.