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East Earl Township City Zoning Code

ARTICLE XXII

Administration and Enforcement

§ 450-165 Interpretation and application.

The provisions of the Zoning Ordinance, in its interpretation and application, shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, and general welfare of the Township. Every use, structure, building, or sign shall conform with all provisions of the Zoning Ordinance except those exempted by or under the chapter. Nothing in the Zoning Ordinance shall require any change in plans or construction of a building for which a building permit has been issued by the Township prior to the effective date of the Zoning Ordinance, and which is completed within one year of the effective date of the Zoning Ordinance.

§ 450-166 Zoning Officer.

The provisions of the Zoning Ordinance shall be administered and enforced by the Zoning Officer who shall be appointed by, and serve at the pleasure of the Board of Supervisors. The Zoning Officer shall meet qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning. The Zoning Officer shall administer the Zoning Ordinance in accordance with its literal terms, and shall not have the power to waive or modify any term or condition of the Ordinance or permit any construction or any use or change of use which does not conform to the Zoning Ordinance. The Zoning Officer may be provided with assistance of such persons as the Board of Supervisors may direct and may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of their employment.

§ 450-167 Zoning Officer duties and powers.

The Zoning Officer shall be charged with the duty and shall have the power to enforce literally the provisions of this Zoning Ordinance and its amendments. The Zoning Officer shall have such duties and powers as are conferred upon him by this Zoning Ordinance and as reasonably implied for the purposes of enforcement. The Zoning Officer's duties shall include but are not limited to the following:
A. 
Receive and examine all applications for zoning permits and issue permits only in conformity with the provisions of this chapter and with other Township ordinances; provided, however, the issuance of a zoning permit shall not be deemed a waiver of the requirements of any Township ordinance.
B. 
Keep an official record of all business and activities, including complaints of a violation of any of the provisions of this chapter, and of the action taken consequent to each such complaint. All such records shall be open to public inspection. File copies of all applications received, permits issued, reports and inspections made in connection with any structure, building, sign, and/or land shall be retained as long as they remain in existence.
C. 
Receive applications to the Zoning Hearing Board and forward these applications to the Zoning Hearing Board for action thereon.
D. 
Following refusal of a permit, when a permit is submitted and denied, to receive applications for appeals from alleged error of the Zoning Officer and variances and forward these applications to the Zoning Hearing Board for action thereon.
E. 
Before issuing any permit, the Zoning Officer may, at his discretion, examine or cause to be examined all building, structures, signs or land and portions thereof for which an application has been filed for the erection, construction, alteration, repair, extension, replacement, relocation, conversion and/or use. Thereafter, he may make such inspections during the completion of work for which a permit has been issued. Any violations of approved plans or permit shall be noted, and the holder of the permit shall be notified of the discrepancies.
F. 
Issue stop, cease-and-desist orders, and order in writing correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be served personally, by general mailing, 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 lawfully issued by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this chapter.
G. 
Issue permits for special exception uses or for variances only after such uses and/or buildings have been approved by the Zoning Hearing Board.
H. 
Issue permits for conditional uses only after such uses and/or buildings have been approved by the Board of Supervisors.
I. 
With the approval of the Board of Supervisors, or when directed by them, institute in the name of the Township 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 of 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 by order a zoning permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.
K. 
Maintain a map showing the current zoning classification of all land.
L. 
Upon the request of the Board of Supervisors, 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.
M. 
Identify and register nonconforming uses and nonconforming structures, pursuant to § 450-158 of this chapter.

§ 450-168 Zoning permits.

A. 
No building or structure shall be erected, constructed, reconstructed, structurally altered, or moved, and no land or building changed in use or any new use commenced until a zoning permit has been secured from the Zoning Officer. A zoning permit shall not be required in case of normal maintenance activities, minor repairs, and alterations which do not structurally change a building or structure.
B. 
Zoning permits shall be issued with a one-year life; provided, however, that if work is not commenced or a change in use of building or land is not commenced within 90 days after issuance of the zoning permit, the permit shall automatically expire and a new permit shall be required before such work or change in use commences. In addition, the Zoning Officer is authorized to consider a request for an extension of time for a zoning permit when such request is filed with the Zoning Officer at least 30 days prior to the permit expiration date. In no case shall an extension of time be approved for a period of more than one year. However, the permit approval may be extended for one additional year upon submission of a request in accordance with the above-stated procedure, and provided that just cause is demonstrated. If an extension of time for a permit is denied, a new permit shall be required for those improvements not completed.

§ 450-169 Application requirements for zoning permits.

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 Township and shall be filed with the Zoning Officer. The application shall include:
A. 
Two sets of site plans, drawn to scale showing the location, dimensions, and height of proposed buildings, structures, or uses and any buildings in relation to property, street right-of-way lines, and street center lines.
B. 
A statement as to the existing and proposed use of the building or land.
C. 
The following additional information, if applicable to the particular proposal:
(1) 
The number, location, and design of parking spaces and loading spaces.
(2) 
An approved driveway permit from East Earl Township of a highway occupancy permit from the Pennsylvania Department of Transportation.
(3) 
The size, dimensions, location, material, content, and methods of illumination of all signs.
(4) 
Building construction plans and applications as may be required for approval under the East Earl Township Building Code.[1]
[1]
Editor's Note: See Ch. 175, Construction Codes, Uniform.
(5) 
Documentation that a subdivision and/or land development plan has been recorded in the office of the Lancaster County Recorder of Deeds.
(6) 
Documentation that an erosion and sedimentation control plan has been developed when the proposal involves earth moving activities in excess of 5,000 square feet.
(7) 
Documentation that an NPDES permit has been issued when the proposal involves earth moving activities in excess of one acre.
(8) 
Documentation that a permit has been approved for the installation or modification of an on-lot sewage disposal system.
(9) 
Documentation that a permit has been approved for connection to a centralized sewer and/or water service.
(10) 
Documentation that approval has been granted in accordance with the procedures and requirements for stormwater management, as may be applicable.
D. 
Any additional plans and information reasonably necessary for the Zoning Officer to ascertain whether the proposed use, change in use, erection, alteration, or addition complies with the provisions of this chapter.

§ 450-170 Issuance of zoning permits.

Zoning permits shall be granted or refused within 30 days after a complete written application has been filed with the Zoning Officer, except for applications to the Zoning Hearing Board or conditional use applications to the Board of Supervisors. The zoning permit shall be authorization under this chapter to proceed with the work described in the application, provided a building permit is secured, if necessary. Upon completion of the activity authorized by any zoning permit, the holder of such permit shall notify the Zoning Officer of such completion. All applications with accompanying plans and documents shall become and be preserved as a public record, subject to the disposition by the Board of Supervisors.
A. 
One copy of the plans shall be returned to the applicant by the Zoning Officer after he shall have marked such copies either as approved or disapproved.
B. 
One copy of all such plans shall be retained by the Zoning Officer for the Township's permanent records.
C. 
If the request is not approved, the Zoning Officer shall, within 30 days of receipt of a complete and reviewable application as aforesaid, send to the applicant by regular mail a written statement explaining the reason or reasons why the permit cannot be issued. In addition, the Zoning Officer shall advise the applicant if a special exception is an available remedy, or if not, that the applicant may have the right to request a variance and that the applicant may appeal the refusal within 30 days of issuance of the same.

§ 450-171 Conditions of permit.

A. 
Payment of fees. No permit shall be issued until the fees prescribed by the Board of Supervisors pursuant to resolution are paid in full. The payment of fees under this section shall not relieve the applicant or holder of said permit from payment of other fees that may be required by the Zoning Ordinance or by any other ordinances or law.
B. 
Compliance with chapter. The permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel or set aside any of the provisions of this Zoning Ordinance.
C. 
Posting of permit. A true copy of the permit shall be kept on the site of operations and be open to inspection by the Zoning Officer during the entire time of work as specified in the permit and until completion of same.
D. 
Compliance with permit and plot plan. All work or use shall conform to the approved application and plans for which the permit has been issued as well as the approved plot plan.

§ 450-172 Revocation of permit.

The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based, or if it found that the work performed or the use to which the property is put is not in conformance with the application, approved plans, provisions of all pertinent laws, or for any other cause set forth in the Zoning Ordinance.

§ 450-173 Temporary zoning and use permit.

The Zoning Officer shall issue a temporary zoning and use permit for such temporary uses as tents, trailers, and temporary buildings on construction sites, and the use of land for religious or other public or semipublic purposes, or other such temporary uses, if the request is permitted by the Zoning Ordinance or upon order of the Zoning Hearing Board. Such temporary permit shall be for a time period deemed necessary and proper by the Zoning Officer, but in no event for a period of time in excess of six months.

§ 450-174 Zoning and use permit for no-impact home-based businesses, home occupations, farm-related occupations, and rural accessory business uses.

A. 
Application requirements.
(1) 
In addition to the applicable requests of § 450-169, any application for a no-impact home-based business, home occupation, farm-related occupations, and rural accessory business uses shall be submitted in such a form as the Zoning Officer may prescribe and shall be accompanied by the required filing fee as adopted by resolution of the Board of Supervisors. The form shall include, but not be limited to, the following information:
(a) 
Name, mailing address and phone number of applicant.
(b) 
Street address of the property.
(c) 
Description of all activities involved in the proposed business activity and how the activity will operate.
(d) 
Documentation that the proposal conforms to the requirements of the Township building code as may be applicable.
(2) 
The Zoning Officer shall review the permit application for compliance with the Zoning Ordinance, and visit the dwelling or farm if deemed necessary to determine compliance with all provisions of the Zoning Ordinance and any conditions attached to the approval by the Zoning Hearing Board, when applicable. Upon approval, the Zoning Officer shall issue the zoning and use permit. If the application does not conform to the provisions of this article, the Zoning Officer shall so notify the applicant in writing. Such notification shall include findings in support of the decision and the applicant's right of appeal to the Zoning Hearing Board.
B. 
No-impact home-based business, home occupation, farm-related occupations, and rural accessory business uses. In the event an application is approved, then a zoning and use permit shall be issued to the applicant. Said permit shall apply only to the applicant, occupation or business activity, and premises stated in the application. The permit is nonassignable and nontransferable. Said permit shall also be deemed to be automatically revoked upon the earliest of the following:
(1) 
The applicant dies;
(2) 
The applicant moves from the premises where the permit was granted; or
(3) 
The applicant otherwise ceases engaging in the home occupation, rural accessory business use or on-farm occupation.
C. 
Inspections of no-impact home-based businesses, home occupations, farm-related occupations, and rural accessory business uses. There may be one inspection each year by the Zoning Officer, or a person designated by the Zoning Officer, of such occupations or businesses issued a permit. In addition, the Zoning Officer, or designee, shall have the right to enter and inspect the premises covered by said permit for compliance purposes following notification of the property owner 48 hours in advance of the inspection. Any costs associated with said inspection shall be the responsibility of the owner/operator of the occupation or business based upon a fee schedule to be determined by the Board of Supervisors by resolution.

§ 450-175 Certificate of use and occupancy.

A. 
A certificate of use and occupancy shall be a statement issued by the Zoning Officer setting forth that a building, structure, parcel, or use of land complies with the provisions of this chapter.
B. 
No vacant land shall be occupied or used, and no structure or part of a structure hereafter erected, substantially altered or changed in use shall be occupied or used until a certificate of use and occupancy shall have been issued by the Zoning Officer.
C. 
A certificate of use and occupancy for the use or occupancy of vacant land or for a change in the use of land, or for a change in the use of an existing building, either for whole or part of a new building or for the alteration of an existing building, shall be applied for coincident with the application for a building or zoning permit, and shall be issued or denied within 15 days after a final inspection by the Zoning Officer.
D. 
A record of all certificates of use and occupancy shall be kept on file in the office of the Zoning Officer.

§ 450-176 Conditional uses.

A. 
Filing of conditional use application. For any use permitted by conditional use, a conditional use approval must be obtained from the Board of Supervisors. In addition to the information required on the conditional use application form, the conditional use application must include:
(1) 
Ground floor plans and elevations of proposed structures.
(2) 
Names and addresses of adjoining property owners including properties directly across a public right-of-way.
(3) 
A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.
(4) 
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
B. 
General criteria. Each applicant must demonstrate compliance with the following:
(1) 
The proposed use shall be consistent with the purpose and intent of the Zoning Ordinance.
(2) 
The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties.
(3) 
The proposed use will not affect a change in the character of the subject property's neighborhood.
(4) 
Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water, and other utilities, vehicular access and etc.).
(5) 
For development within the Floodplain Zone, that the application complies with those requirements listed in Article XIV of this chapter.
(6) 
The proposed use shall comply with those criteria specifically listed in Article XXI of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter.
(7) 
The proposed use will not substantially impair the integrity of the Township's Comprehensive Plan.
C. 
Conditions. The Board of Supervisors in approving conditional use applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this article.
D. 
Site plan approval. Any site plan presented in support of the conditional use shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.
E. 
Hearing procedures.
(1) 
Before voting on the approval of a conditional use, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. The Board of Supervisors submits each such application to the Planning Commission to provide the Planning Commission with an opportunity to submit recommendations.
(2) 
Public notice as defined herein, and written notice shall be given to the applicant, the Zoning Officer, such other persons as the Board of Supervisors shall designate by ordinance, and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board of Supervisors.
(3) 
The Board of Supervisors may prescribe reasonable fees with respect to hearings.
(4) 
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board of Supervisors, and any other person, including civic or community organizations permitted to appear by the Board of Supervisors. The Board of Supervisors shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Supervisors for that purpose.
(5) 
The Chairman or Acting Chairman of the Board of Supervisors shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
(6) 
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
(7) 
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(8) 
The Board of Supervisors may keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be paid by the applicant. The cost of the original transcript shall be paid by the Board of Supervisors if the transcript is ordered by the Board of Supervisors, or shall be paid by the person appealing the decision of the Board of Supervisors if such appeal is made, and in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.
F. 
Unless otherwise specified by the Board of Supervisors or by law, a conditional use approval shall expire if the applicant fails to obtain a zoning permit within one year of the date of authorization thereof by the Board of Supervisors or by the court if such conditional use has been granted after an appeal. A conditional use shall also expire if the applicant fails to complete any erection, construction, reconstruction, alteration or change in use authorized by the conditional use approval within two years from the date of authorization thereof by the Board of Supervisors or by the court if such conditional use has been granted after an appeal. The Board of Supervisors for reasonable cause shown may extend the approval for an additional period for one year, provided that said request is submitted in writing no later than 30 days prior to the expiration of said approval.