Glenolden City Zoning Code
ARTICLE XI
Administration; Applications and Permits; Penalties
§ 162-62 Duties of Zoning Officer.
A.
Zoning Officer. The provisions of this chapter shall be enforced by an agent to be appointed by Borough Council, who shall be known as the "Zoning Officer." The Zoning Officer shall be appointed at the first meeting of Borough Council 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 fee or compensation as the Borough Council may, by resolution, provide.
B.
Duties. The duties of the Zoning Officer shall be:
(1)
To examine all applications for permits.
(2)
To issue permits only for construction and uses which are in accordance with the regulations of this chapter and as may be subsequently amended.
(3)
To record and file all applications for permits and accompanying plans and documents and keep them for public record.
(4)
To inspect nonconforming uses and structures and to keep a filed record.
(5)
Upon the request of the Borough Council or the Zoning Hearing Board, to present to such body facts, records and any similar information on specific requests to assist such body in reaching its decisions.
§ 162-63 Enforcement.
This chapter shall be enforced by the Zoning Officer of the Borough. No permit of any kind as provided in this chapter shall be granted by him for any purpose except in compliance with the provisions of this chapter.
§ 162-64 Violations and penalties.
A.
Failure to secure a permit previous to the erection, construction or alteration of a building or failure to secure a certificate of occupancy shall be a violation of this chapter.
B.
Notification of violation. If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, building or structure; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions.
C.
Complaints regarding violations. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Officer. He shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.
D.
Enforcement penalties. Any person, partnership or corporation who or which shall violate the provisions of this chapter shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $500. 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 violation of zoning ordinances shall be paid over to the Borough of Glenolden.
§ 162-65 Remedies.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, in addition to other remedies provided by law, any appropriate action or proceedings, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate such violation, or to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
§ 162-66 Appeals.
A.
Appeals to the Zoning Hearing Board may be taken in accordance with the Pennsylvania Municipalities Planning Code as amended.[1] The Zoning Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
[1]
Editor's Note: See 53 P.S. § 10909.
B.
Method of appeal. An appeal or application for a special exception or variance from the terms of this chapter shall be filed with the Secretary of the Zoning Hearing Board and shall state:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real estate to be affected by the proposed special exception or variance.
(3)
A brief description and location of the real estate to be affected by such proposed change and a copy of the deed.
(4)
A statement of the present zoning classification of the real estate in question, the improvements thereon and the present use thereof.
(5)
A statement of the section of this chapter under which the variance or special exception requested may be allowed, and reasons why it should be granted.
(6)
Other information as required for a permit application in the district involved.
(7)
Any other information required by the rules of the Zoning Hearing Board.
§ 162-67 Permits.
A.
General.
(1)
A permit shall be required prior to erection, construction or alteration of any building, structure or any portion thereof.
(2)
Application for permits shall be made in writing to the Zoning Officer and shall contain all information necessary for such Officer to ascertain whether the proposed erection, construction, alteration or use complies with the provisions of this chapter.
(3)
Such permits shall be granted or refused within 30 days from date of application and shall be valid for a period of time not to exceed one year to start construction, with a total time of three years to complete construction.
(4)
No permit shall be issued except in conformity with the regulations of this chapter.
B.
Application for permits for uses in R-3, B-1, B-2 and I-1 Districts.
(1)
Application for all uses in these districts shall be accompanied by:
(a)
A plot plan of the lot showing the location of all present and proposed buildings, drives, parking lots showing driveways, circulation patterns, curbcut accesses, parking stalls and bumpers, access from streets, screening fences and walls, storage area and other constructional features on the lot and the location of all topographical features. Plot plans shall be prepared by a registered surveyor, registered engineer or registered architect.
(b)
Architectural plans for any proposed building.
(c)
A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards or the emission of any potentially harmful or obnoxious matter or radiation.
(d)
Engineering and architectural plans for the handling of any excess traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards or safety hazards, smoke or emission of any potentially harmful or obnoxious matter or radiation.
(e)
Designation of the manner by which sanitary sewage shall be disposed and water supply obtained.
(f)
The proposed number of shifts to be worked and the maximum number of employees on each shift.
(g)
Where use by more than one firm is anticipated, a list of firms which are likely to be located in the center, their floor area and estimated number of employees.
(2)
In all instances under this subsection, a temporary ninety-day certificate of occupancy shall be required under this chapter. Such a temporary certificate may be renewed until the Zoning Officer is able to evaluate whether the operation of the facilities meets the performance standards required. No permanent certificate of occupancy shall be issued until the operation of the facilities meets these standards.
C.
Application for all other permits. Applications shall be accompanied by plans in duplicate, drawn to scale and showing the following:
(1)
Actual dimensions and shape of lot to be built upon.
(2)
Exact size and locations on the lot of all buildings and other structures, if any, and the location and dimensions of proposed buildings and other structures or alterations.
(3)
Existing and proposed uses, showing number of families the building is designed to accommodate.
(4)
Any other lawful information that may be required by the Zoning Officer or other sections of this chapter.
D.
Sign permit.
(1)
A sign permit shall be required prior to the erection of any sign.
(2)
Application for 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.
(3)
Permits shall be granted or refused within 30 days from date of application.
(4)
No sign permit shall be issued except in conformity with the regulations of this chapter.
(5)
All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale showing the following:
(a)
Exact dimensions of lot or building upon which the sign is proposed to be erected.
(b)
Any other lawful information which may be required of applicant by the Zoning Officer.
One copy of said plan or diagram shall be returned to applicant after the Zoning Officer shall have marked such copy either approved or disapproved and attested to same. |
§ 162-68 Certificates of occupancy.
A.
A certificate of occupancy shall be required prior to the occupation for use or change of use of land, building or structure.
B.
Application for a certificate of occupancy shall be made in writing to the Zoning Officer.
(1)
When all of premises involves a new building or structure or alterations to an existing building or structure, such application shall be made at the time application for a permit is made.
(2)
When no construction or alteration is involved, an application to occupy and use land may be made at any time. Application shall contain all information necessary for the Zoning Officer to determine whether the proposed occupation and use of land conforms to the provisions of this chapter.
C.
Certificates of occupancy shall be granted or refused within 15 days after the Zoning Officer has been notified of completion of construction or within 15 days of application to occupy and use land.
§ 162-69 Schedule of fees.
The applicant for a permit and certificate of occupancy shall, at the time of mailing the application, pay to the Borough a fee in accordance with a fee schedule adopted by resolution of Borough Council upon the enactment of this chapter or as such schedule may be amended by resolution of Borough Council.