Edinboro City Zoning Code
PART 5
ADMINISTRATION, ENFORCEMENT AND APPEALS
§ 27-501 Zoning Officer.
[Ord. 457, 1/31/1994, § 501]
The Borough of Edinboro shall appoint the Zoning Officer who shall administer and enforce the provisions of this chapter, and shall do so in accordance with the provisions of this chapter and of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. The Zoning Officer shall not hold any elective office in the Borough.
§ 27-502 Duties of the Zoning Officer.
[Ord. 457, 1/31/1994, § 502; as amended by Ord. 585, 9/12/2011]
1.
The Zoning Officer shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter. The officer shall be considered as qualified to perform his/her duties by meeting the qualifications established by the Borough. In addition, the Zoning Officer's duties, obligations and responsibilities include the following:
A.
Application for Zoning Permits. The Zoning Officer shall receive applications for zoning permits. A zoning application is an application filed prior to the start of construction/development by a developer. The application will describe the proposed activity in sufficient detail so that the Zoning Officer may determine whether or not it meets the requirements of this and other applicable Borough ordinances. Applications conforming to such ordinances shall be approved; those not conforming to Borough ordinances shall be denied.
B.
Inspections. The Zoning Officer or a duly appointed assistant may examine, or cause to be examined, all structures and/or land for which an application for a zoning permit or a zoning certificate has been requested. Such inspections may be made from time to time during construction and shall be made upon the termination of construction and prior to the issuance of a certificate of occupancy.
C.
Permits, Applications, Appeals and Certificates. The Zoning Officer shall issue or deny such permits or certificates as required by this chapter where appropriate; shall receive all applications for conditional uses, special exceptions and variances and forward same to the appropriate body. Said applications shall be on forms as approved by the Borough or the Board, as appropriate, and shall be accompanied by a fee as set by the Borough. It is the intent of the chapter that all appeal processes should follow the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., or other appropriate state law. The filing of appeals, special exceptions, and variances shall be within such time limits as set by the Board.
D.
Enforcement. The Zoning Officer is authorized to institute civil enforcement proceedings as a means of enforcing this chapter.
E.
The Zoning Officer may also act in the capacity of Building Code Official to administer and enforce provisions of the Pennsylvania Uniform Construction Code, if certified and authorized by the commonwealth.
§ 27-503 Permits and Certificates.
[Ord. 457, 1/31/1994, § 503; as amended by Ord. 545, 2/26/2007, § 27-503; and by Ord. 585, 9/12/2011]
1.
Zoning Permits. In order to be approved, an application for a zoning permit must show compliance with this and other appropriate Borough ordinances. Applications shall contain information relative to the proposed construction and use in sufficient detail to inform the Zoning Officer of the scope and extent of the proposed development. A zoning permit shall be valid for two years from the date of issuance after which time it shall become null and void. After the expiration of two years, an application must be filed for another permit as though the permit had never been issued. The exact details required, including sketches, plot plans as well as the number of copies, time limits and fees for such applications shall be determined by the Borough. Permits will be required for:
[Amended by Ord. No. 619, 1/6/2020]
A.
The erection, adaptation, alteration, or remodeling of any building or structure or portion thereof.
B.
The moving of any building or structure.
C.
The use or change in use of a building or structure.
D.
The change or extension of a nonconforming use.
E.
The construction of sidewalks, driveways, sewer lines, sewer connections, water lines and connections and for any change in contour of land which affects the stormwater drainage.
F.
The erection, adaptation or alteration of any sign or billboard.
G.
Any physical change or alteration which changes the outside appearance or dimensions regardless of cost, i.e., aluminum siding, new roof, etc.
2.
Building Permits. Other than occupancies and structures exempted by the PA Uniform Construction Code, building permits may also be required in addition to zoning permits.
3.
Zoning Certificate. The zoning certificate shall be issued upon request to confirm that the use of land or a building within the Borough is in compliance with this chapter. The exact form of the certificate and fees charged shall be determined by the Borough. Individuals wishing to register legal nonconforming uses or nonconforming structures can do so by requesting a zoning certificate. The Zoning Officer shall issue same when he can clearly determine that such use or structure meets the criteria (see Part 2, "Definitions") set forth by this chapter. If such a request does not meet such criteria, or if the Zoning Officer is unable to determine same, then he shall deny the request. A zoning certificate shall be valid for two years from the date of issuance after which time it shall become null and void. After the expiration of two years, an application must be filed for another certificate as through the certificate had never been issued. Appeals from this action shall be made to the Zoning Hearing Board.
[Amended by Ord. No. 619, 1/6/2020]
Certificate of Occupancy. For the purpose of this chapter, a certificate of occupancy shall only be issued by the Building Code Official for building code compliance pursuant to the Uniform Construction Code. |
4.
Sign Permit. A sign permit shall be required prior to the erection or alteration of any sign, except those signs specifically exempted from this requirement in § 27-408 of this chapter.
A.
Application for a sign permit shall be made in writing to the Zoning Officer and shall contain all information necessary for such Officer to determine whether the proposed sign, or the proposed alterations, conform to all the requirements of this chapter.
B.
No sign permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts.
C.
All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale, showing the following:
5.
Nonconforming Certificates. Upon request, the Zoning Officer will issue a certificate for nonconforming uses/structures. However, such certificates shall only be issued if the Zoning Officer can clearly establish, through independent sources, the use/structure in questions is legally nonconforming. Where the Zoning Officer cannot establish the case clearly, the matter shall be referred to the Zoning Hearing Board for a decision.
6.
Conditional Uses.
A.
Where the Borough Council, in this chapter, has recommended conditional uses to be granted or denied by the Borough Council pursuant to express standards and criteria, the Borough Council shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. The hearing shall be conducted by the Council or the Council may appoint any member or an independent attorney as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Council. However, the appellant or the applicant, as the case may be in addition to the Borough, may, prior to the decision of the hearing, waive decision or findings by the Council and accept the decision or findings of the hearing officer as final. In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
B.
The Borough Council shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Borough Council. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of the chapter, the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
C.
Where the Borough Council fails to render the decision within the period required by the subsection or fails to commence, conduct or complete the required hearing as provided in § 27-607, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. If the Borough Council shall fail to provide such notice, the applicant may do so.
D.
Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
§ 27-504 Violations.
[Ord. 457, 1/31/1994, § 504; as amended by Ord. 545, 2/26/2007, § 27-504; and by Ord. 585, 9/12/2011]
1.
Enforcement Notice. When it appears to the Borough and/or the Zoning Officer that a violation has occurred, the Zoning Officer shall send an enforcement notice. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding the parcel, and to any other person requested in writing by the owner of record. The enforcement notice shall state the following:
A.
The name of the owner of record and any other person against whom the Borough 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 been met, citing in each instance the applicable provisions of the chapter.
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 within a prescribed period of time in accordance with procedures set forth in this chapter.
F.
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
In any appeal of an enforcement notice to the Zoning Hearing Board the Borough shall have the responsibility of presenting its evidence first. Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Borough if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor. |
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 Borough, the Zoning Officer of the Borough 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 Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough Council of Edinboro. No such action may be maintained until such notice has been given.
3.
Jurisdiction.
A.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1)
Substantive challenges to the validity of any land use ordinance, except those brought before the Edinboro Planning Commission pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. §§ 10609.1, 10916.1.
(2)
Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the Borough and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
(3)
Appeals from the determination of the Zoning Officer including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
(4)
Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
(5)
Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 910.2 of the MPC, 53 P.S § 10910.2.
(6)
Applications for special exceptions under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 912.1 of the MPC. 53 P.S. § 10912.1.
(7)
Appeals from the determination of any officer or agency charged with the administration of any transfer of development rights or performance density provisions of this chapter.
(8)
Appeals from the Zoning Officer's determination under § 916.2 of the MPC. 53 P.S. § 10916.2.
(9)
Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article V or VII of the MPC, 53 P.S. §§ 10501 et seq., 10701 et seq.
B.
The Borough Council, shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(2)
All applications pursuant to § 508 of the MPC, 53 P.S. § 10508, for approval of subdivisions or land developments under Article V of the MPC, 53 P.S. § 10501 et seq.
(3)
Applications for conditional use under the express provisions of this chapter.
(4)
Applications for curative amendment to this chapter or pursuant to §§ 609.1 and 916.1(a) of the MPC, 53 P.S. §§ 10609.1. 10916.1(a).
(5)
All petitions for amendments to land use ordinances, pursuant to the procedures set forth in § 609 of the MPC, 53 P.S. § 10609.
(6)
Appeals from the determinations of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to applications for land development under Articles V and VII of the MPC, 53 P.S. §§ 10501 et seq., 10701 et seq. Where such determination relates only to development not involving an Article V or VII application, the appeal from such determination of the Zoning Officer or the Borough Engineer shall be to the Zoning Hearing Board pursuant to this section. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Edinboro Planning Commission, all appeals from determinations under this subsection shall be to the Edinboro Planning Commission and all appeals from the decision of the Edinboro Planning Commission shall be to court.
4.
Enforcement Remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Zoning Chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the magisterial district judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the magisterial district judge determining that there has been a violation further determine that there was a good faith basis for the person, partnership or corporation violating this 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 continues shall constitute a separate violation by the magisterial district judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of zoning chapters shall be paid over to the Borough. Nothing contained in this section shall be construed or interpreted to grant any person or entity other than the Borough and its Zoning Officer the right to commence any action for enforcement pursuant to this section.