Freedom City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 205-56 Administration.
For the administration of the Zoning Ordinance, a Zoning Officer, who may hold any elective office in the municipality, shall be appointed. The Zoning Officer shall administer the Zoning Ordinance 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 the Zoning Ordinance.
§ 205-57 Nonconforming uses.
The Zoning Officer shall identify and register nonconforming uses and nonconforming structures defined in the Zoning Ordinance.
§ 205-58 Appeals.
All appeals from decisions of the Zoning Officer shall be taken in the manner set forth in Article XIV of this chapter.
§ 205-59 Zoning permit.
A.
No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Zoning Officer. All applications for zoning permits shall be in accordance with the requirements of this chapter, and unless upon written order of the Zoning Hearing Board, no such zoning permit shall be issued for any building where said construction, addition or alteration for use thereof would be in violation of any of the provisions of this chapter.
B.
Remodeling or improvement of existing buildings which does not alter the basic structure, create additional lot area coverage or change the use of the parcel or building is exempt from this specific requirement, provided that the estimated cost of such activities does not exceed 10% of the fair market value.
C.
There shall be submitted with all applications for zoning permits two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location of the building on the lot and accessory buildings to be erected and other such information as may be deemed necessary by the Zoning Officer to determine and provide for the enforcement of this chapter.
§ 205-60 Occupancy permit.
A.
Structures which have been constructed, altered, remodeled or had their use changed under authorization of a zoning permit shall not be occupied until an occupancy permit has been issued by the Zoning Officer. Written request to the Zoning Officer shall be processed within one week of receipt of the request of the proposed use, provided that the use is in conformity with the provisions of this chapter and all other effective and applicable ordinances. Zoning Officer refusal to issue an occupancy permit shall include a written statement to the applicant containing reasons for such denial.
B.
Occupancy permits are required for the following:
C.
Occupancy permits shall state that the building or the proposed use of a building or land complies with all provisions of law and of this chapter and all other ordinances of the municipality, is deemed to authorize and is required for both initial and continued occupancy and use of the building and land so long as such building and use is in full conformity with the provisions of this chapter.
§ 205-61 Fees.
The Borough Council may prescribe reasonable fees to be charged with respect to the administration of a Zoning Ordinance. If such fees are adopted, then:
A.
Application for a zoning permit shall be accompanied by two copies of the layout or plot plan and one copy shall be returned when approved by the Zoning Officer, together with the zoning permit, upon payment of the prescribed fee.
B.
Application for an occupancy permit shall be returned when approved by the Zoning Officer, together with the occupancy permit, upon payment of the prescribed fee.
§ 205-62 Violations and penalties.
[Amended 4-13-1994 by Ord. No. 492]
Any person, partnership or corporation who or which shall violate the provisions of any Zoning Ordinance enacted under this chapter or prior enabling laws shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $500, plus court costs and reasonable attorney's fees. In default of payment of the fine, such person, the members of such partnership or the officers of such corporation shall be liable to imprisonment for not more than 60 days. Each day that a violation is continued shall constitute a separate offense. All fines collected for the violations of Zoning Ordinance shall be paid over to the borough whose ordinance has been violated.
§ 205-63 Enforcement remedies.
In case any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of any ordinance enacted under this chapter or prior enabling laws, the Borough Council or, with the approval of the Borough Council, an officer of the municipality, in addition to other remedies, may institute in the name of the municipality any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.
§ 205-64 Finances.
[Amended 4-13-1994 by Ord. No. 492]
The Borough Council may appropriate from general funds moneys to administration and enforcement of Zoning Ordinances, to finance the work of the Zoning Hearing Board and to support or oppose, upon appeal to the courts, decisions of the Zoning Hearing Board. For the same purposes, the governing body may accept gifts and grants of money and services from the county, state and federal government.
§ 205-65 Exemptions.
This Article shall not apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.