Freedom Township City Zoning Code
ARTICLE XVI
Administration and Enforcement
§ 230-74 Appointment and powers of Zoning Officer.
For the administration of this chapter, a Zoning Officer, who may not hold any elective office in the Township, shall be appointed by the Board of Supervisors. 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.
§ 230-75 Enforcement.
It shall be the duty of the Zoning Officer, and he is hereby given the power and authority, to enforce the provisions of this chapter. The Zoning Officer shall examine all applications for permits, issue permits for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and documents and make such reports as the Township Board of Supervisors may require. Permits for uses which are a special exception or a variance shall be issued only upon approval by the Board of Supervisors.
§ 230-76 Permits.
A.
Requirements of permits. A zoning permit shall be required prior to the erection, addition, or alteration of any building structure or portion thereof; prior to the use or change in use of a building, structure, or land; and prior to the change or extension of a nonconforming use. It shall be unlawful for any person to commence work for the erection or alteration of any building or for a change in land use until a permit has been duly issued.
B.
Application for permits. All applications for permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of any buildings and structures existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate, and such information as may be necessary to determine compliance with this chapter and all other codes and ordinances. One copy of such plans shall be returned to the owner when such plans have been reviewed and acted upon by the Zoning Officer. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.
C.
Issuance of permits.
(1)
No permit shall be issued until the Zoning Officer has certified that the proposed building or structure, addition or alteration complies with all the provisions of this chapter, as well as the provisions of all other applicable codes and ordinances.
(2)
The Zoning Officer shall act upon the request within 30 days following application.
(3)
A permit shall become void 12 months after the issuance date, unless a request for extension has been submitted to and approved by the Zoning Officer. Such request shall be filed with the Zoning Officer at least 30 days prior to the permit expiration date.
(4)
A temporary permit may be authorized by the Zoning Officer for a structure or use, provided that such structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such permits shall be issued for a specified period of time not to exceed 180 days and may be renewed no more than twice.
D.
Revoking of permits. The Zoning Officer may revoke a permit 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 approval was based, or if it is found that the work performed or the use to which the property is put is not in conformance with the application, approved plans, or provisions of this chapter.
§ 230-77 Fees.
A.
The Township Board of Supervisors shall establish a schedule of fees, charges, and expenses, as well as a collection procedure for zoning permits, certificates of use, appeals, variances, special exceptions, amendments, bonds, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Zoning Officer and may be amended only by the Township Board of Supervisors.
B.
Such nonrefundable fees shall be payable to the Township, and until all applicable fees, charges, and expenses have been paid in full, the application shall be considered incomplete and no action shall be taken on any applications or appeal.
§ 230-78 Certificate of use and occupancy.
A.
It shall be unlawful to use or occupy any building, structure, or land for which a zoning permit is required until a certificate of use and occupancy has been issued by the Zoning Officer. The Zoning Officer shall not issue said certificate unless he has inspected the building structure or land and has determined compliance with all provisions of this chapter and other applicable regulations.
B.
The applicant is responsible for notifying the Zoning Officer when work is completed under the terms of the zoning permit.
C.
If the work is not in accordance with the application for a zoning permit, the Zoning Officer, in writing, will give the reasons for disapproval and inform the applicant of the right of appeal to the Zoning Hearing Board.
D.
A record of all certificates shall be kept on file in the office of the Zoning Officer.
§ 230-79 Appeals and applications.
An application for an amendment, special exception, variance, or appeal from the terms of this chapter shall be filed with the Zoning Officer, and shall contain:
A.
The name and address of the applicant.
B.
The name and address of the owner of the real estate to be affected by such proposal.
C.
A brief description and location of the real estate to be affected by such proposal.
D.
A statement of the present zoning classification of the real estate in question, the improvements and the land, and the present use of the tract.
E.
A statement of the section of this chapter under which the appeal or application requested may be allowed, and reasons why it should be granted; or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed, and reasons for the appeal.
F.
An accurate description of the present improvements and the additions intended to be made under this application, indicating the size and use of such proposed improvements and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, as required to accompany applications for permits, indicating the location and size of the lot and location of improvements now erected, and proposed to be erected.
G.
Any other pertinent data required by the Zoning Hearing Board, Township Board of Supervisors, and/or Zoning Officer, as appropriate to their individual authorities set forth in this article.
§ 230-80 Violations.
The construction, excavation, alteration, maintenance, or use of any structure, building, sign, or land; or the change of use, area of use, percentage of use, or displacement of use of any structure, building, sign, or land, without first obtaining a zoning permit; or the use of any building, structure, sign, or land without receipt of a certificate of use and occupancy; or the use or maintenance of any building, structure, sign, or land for a use or in a manner which is not in accordance with the provisions of this chapter; or the use of property for a use different from that set forth in any zoning permit or certificate of use and occupancy which have been granted for the property without applying for and being granted a zoning permit and certificate of occupancy for such new or different use; or the failure to comply with any other provisions of this chapter; or the violations of any condition imposed upon the grant of a special exception or variance by the Zoning Hearing Board or a court of competent jurisdiction if such special exception or variance is granted by such court, are declared to be violations of this chapter.
§ 230-81 Enforcement notice.
If it appears to the Zoning Officer that a violation of this chapter exists, the Zoning Officer shall send an enforcement notice to the owner of record of the lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that lot, to any other person requested in writing by the owner of record and to any person against whom the Township may bring an enforcement action. The enforcement notice shall contain the name of the owner of record and any other persons against whom the Township may take action; the location of the property in violation; the specific violation, with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter; the date before which steps for compliance must be commenced and that date before which the steps must be completed; that the recipient of the enforcement notice has the right to appeal to the Zoning Hearing Board within 30 days; and that a failure to comply with the notice within the time specified, unless extended by an appeal to the Zoning Hearing Board, constitutes a violation with sanctions as provided in this chapter.
§ 230-82 Enforcement action.
If the enforcement notice is not complied with promptly, the Zoning Officer shall notify the Board of Supervisors. The Board of Supervisors may request the Township Solicitor to institute in the name of the Township any appropriate action or proceeding at law or in equity to prevent, restrain, correct, or abate such violation or to require the removal or termination of the unlawful use of the structure, building, sign, landscaping, or land in violation of the provisions of this chapter or the order. The Board of Supervisors may also direct the Zoning Officer or Township Solicitor to institute a civil enforcement proceeding before a Magisterial District Judge.
§ 230-83 Violations and penalties; enforcement remedy.
Any person who has violated or permitted the violation of the provisions of this chapter shall, upon being found liable in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including the reasonable attorneys' fee incurred by the Township. No judgment shall commence or be imposed, levied or be 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 Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless a Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person 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 by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs, and reasonable attorneys' fee collected for the violation of this chapter shall be paid over to the Township for the general use of the Township.