East Norriton Township
City Zoning Code
City Zoning Code
ARTICLE XXI
Administration
§ 205-136 Zoning Officer.
The provisions of this chapter shall be enforced by an agent, to be appointed by the Board of Township Supervisors, who shall be known as the "Zoning Officer." The Zoning Officer shall be appointed at the first meeting of the Supervisors following the adoption of this chapter, to serve until the first day of January next following, and shall thereafter be appointed annually to serve for a term of one year and/or until his successor is appointed. The Zoning Officer may succeed himself. He shall receive such fees or compensation as the Township Supervisors may, by resolution, provide. It shall be the duty of the Zoning Officer to keep a record of all plans and applications for zoning permits and of all zoning permits issued with notation of all special conditions attached thereto, all of which records shall be open for public inspection. The Zoning Officer shall have authority to issue zoning permits only for construction and uses which are in accordance with the general requirements of this chapter. Zoning permits for construction and uses which are permitted by variance or special exception to such general requirements shall be issued by the Zoning Officer only upon order of the Zoning Hearing Board. The Zoning Officer shall issue no permits for the construction or use of any land or building unless it also conforms to the requirements of all other ordinances of East Norriton Township and with the laws of the commonwealth. The Zoning Officer shall not hold any elective office in the Township. The Zoning Officer shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning. The Zoning Officer is authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.
§ 205-137 Permits.
A.
No building shall be constructed or altered in the Township nor the use of any building changed, until a zoning permit has been secured from the Zoning Officer. No building or lot shall be used or occupied after construction or change of use until a use and occupancy permit has been secured from the Zoning Officer. Upon completion of the work authorized by any permit, the applicant for the permit 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 has been inspected and approved as being in conformity with the provisions of this chapter and any other applicable Township ordinance.
B.
All applications for zoning permits, use and occupancy permits and any other permits required by this chapter shall be made in writing by the owner or the tenants or authorized agent and shall be filed with the Zoning Officer on forms as required by the Zoning Officer.
§ 205-137.1 Conditional use procedures.
[Amended 1-3-2011 by Ord. No. 533]
Whenever a conditional use is authorized pursuant to the terms of this chapter, as amended, the procedures for application and review of requested conditional uses shall be as follows:
A.
Written request. The landowner shall make a written request to the Board of Supervisors that it hold a hearing on his or her application. The request shall contain a statement reasonably informing the Board of Supervisors of the matters that are in issue.
B.
Plans and accompanying documents. The application shall be accompanied by plans and other materials in accordance with Article XXII. If the application shall involve a subdivision or land development, then plans prepared in accordance with the requirements of Chapter 175, Subdivision and Land Development, of the Code of the Township of East Norriton shall be filed for review as well.
C.
Hearing on conditional use request. The Board of Supervisors shall hold a hearing upon the request, commencing not later than 60 days after the request is filed, or as may be required by the Pennsylvania Municipalities Planning Code, as amended, unless the applicant requests or consents, in writing, to an extension of time.
D.
Decision on conditional use request. In allowing a conditional use, the Board of Supervisors may attach reasonable conditions and safeguards as may be deemed necessary to implement the purposes of this chapter and to ensure the protection of adjacent uses from adverse impacts that may be determined by a fair preponderance of credible evidence.
E.
Criteria and standards.
(1)
The applicant shall establish, by a fair preponderance of credible evidence, that the conditional use complies with the intent of this chapter and the uses permitted by conditional use.
(2)
The applicant shall establish, by a fair preponderance of credible evidence, compliance with all conditions of the conditional use enumerated in that section which gives the applicant the right to seek a conditional use.
(3)
The applicant shall establish, by a fair preponderance of credible evidence, that adequate screening is provided between the lands subject to the conditional use application and surrounding residential uses and residentially zoned districts to screen the facility from view, preclude any glare from lighting or noise above the allowable decibel level in the ordinance from being ascertained beyond the boundaries of the property.
(4)
The applicant shall establish, by a fair preponderance of credible evidence, that the proposed conditional use will be properly serviced by all existing public service systems. The peak traffic generated by the conditional use must be accommodated for in a safe and efficient manner, or improvement must be made in order to effect the same. Similar responsibility must be assumed with respect to other public service systems, including, but not limited to, police protection, fire protection, utilities, parks and recreation.
(5)
The applicant shall establish, by a fair preponderance of credible evidence, that the proposed conditional use shall be in accord with the comprehensive plan and any of its implementing or supporting plans or policies.
(6)
The applicant shall establish, by a fair preponderance of credible evidence, that the proposed conditional use shall comply or shall be subject to waiver therefrom under all other applicable criteria and standards of East Norriton Township ordinances and any other applicable state or federal laws or regulations.
(7)
The applicant shall establish, by a fair preponderance of credible evidence, that the plan for development for said conditional use shall be properly designed with regard to internal circulation, parking, building relationships, landscaping, ingress and egress, screening, stormwater management and buffering.
(8)
The applicant shall establish, by a fair preponderance of credible evidence, that the use intended at the location intended shall not be contrary or adverse to the public health, public safety, or public welfare.
§ 205-137.2 Applications to Zoning Hearing Board.
[Added 1-3-2011 by Ord. No. 533]
An appeal or an application for a special exception or variance from the terms of this chapter may be filed with the Secretary to the Zoning Hearing Board and shall set forth the following facts:
A.
Name and address of the applicant.
B.
Name and address of the owner of the real estate to be affected by the proposed exception or variance.
C.
A brief description and location of the real estate to be affected by such proposed change.
D.
Present zoning classification of the real estate in question, the improvements thereon and its present use.
E.
Section of this chapter under which the variance or exception requested may be allowed and reasons for which it should be granted.
F.
A fee as established by the Board of Supervisors.
G.
A plot plan, drawn to scale of not less than one inch equals 20 feet, showing, at a minimum, the following features:
(1)
The name(s) of the property owner(s).
(2)
The address of the property.
(3)
A north arrow.
(4)
The entire property, including property lines and distances.
(5)
Existing and proposed structures, including dimensions of all sides.
(6)
Distances of existing and proposed structures from property lines.
(7)
Existing and proposed roads, driveways and parking areas.
(8)
The areas (in square feet) of existing and proposed structures.
(9)
Existing and proposed impervious and building coverage percentages for the property.
(10)
Floodplain conservation district boundary lines.