Greene Township Beaver County
City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 153.260 ZONING OFFICER.

(A) The Zoning Officer shall administer and enforce this chapter, including the receiving of applications, the inspection of premises and the issuing of zoning permits. No zoning permit shall be issued by said Officer except where the provisions of this subchapter have been complied with. The Zoning Officer shall meet the qualifications established by the township. The duties of the Zoning Officer shall include but not be limited to the following:

(1) Receive applications required by this chapter;

(2) Inspect premises;

(3) Issue zoning permits; and

(4) Maintain records of all official duties.

(B) All permits issued by the Zoning Officer shall be in accordance with the literal provisions of this chapter.

(C) The Zoning Officer shall be appointed by the Board of Supervisors of the township and shall not hold any elective office in the township.

(2003 Code, § 170-73) (Ord. 2-93, passed 5-4-1993)

§ 153.261 ZONING PERMITS AND OCCUPANCY PERMITS.

(A) No building or structure, including mobile homes, 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. Remodeling or improvement of an existing building that 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. A zoning permit shall be required prior to any of the following:

(1) The erection, construction or structural alteration of any building, structure, dwelling or portion thereof;

(2) The moving of a structure into a district or from one place in the district to another;

(3) The change in use of structure or land;

(4) The change or extension of a nonconforming use or structure; and

(5) The operation of or cause to operate a sexually oriented business.

(B) 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, location and height 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.

(1) Minor repairs or maintenance;

(2) Nonstructural remodeling as specified in division (A) above; and

(3) No permit shall be required for a residential accessory structure that has up to and including 150 square feet of floor area. Said accessory structures may be erected and maintained within 15 feet of a rear or side lot line to the rear of the front building line.

(D) Zoning permits issued for the purpose of permitting construction, reconstruction, alterations, repairs, use or the like, shall automatically expire 12 months from the date of issue. Prior to the continuance of the activity, use or change for which the original permit was used, a new zoning permit must be obtained. If however, due to the extent and size of the subject project, it is impossible for the applicant to complete said process prior to the expiration of 12 months, or because of an act of nature, no new permit must be obtained. However, the applicant must advise the Zoning Officer of said expiration and the reason for failure to complete within the specified time. In the event said applicant fails to notify the Zoning Officer, the permit shall immediately expire and no further activity may take place unless a new permit is obtained.

(E) A copy of the permit shall be posted on the premises for public inspection during the prosecution of the work.

(F) Upon completion of the authorized new construction, alteration, remodeling, change of use of building or land under the provisions of a zoning permit, such building or land 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 the use is in conformity with the provisions of this chapter and other effective and applicable ordinances. The Zoning Officer’s refusal to issue an occupancy permit shall include a written statement to the applicant containing reasons for such denial. No premises, structure or the like shall be used until such time as an occupancy permit has been granted.

(G) Occupancy permits are required for the following:

(1) Occupancy of a new building;

(2) Occupancy and use of a building hereafter moved or altered so as to require a zoning permit;

(3) Change in the use of an existing building other than to a use of the same type;

(4) Occupancy and use of vacant land;

(5) Change in the use of land except to another use of the same type;

(6) Any change in use of a nonconforming use; and

(7) Occupancy permits shall be required for both initial and continued occupancy and/or use.

(H) Occupancy permits shall state that the building or the proposed use of a building or land complies with all applicable provisions of this chapter and authorizes use of the building and/or land so long as such building and use is in full conformity with the provisions of this chapter.

(I) No occupancy permit shall be issued until such time as the applicant has applied for the same, paid the application fee which shall be included as part of the zoning permit fee, and the premises have been inspected by the Zoning Officer or his or her delegate and, thereafter, a determination has been made that the premises are in compliance with this chapter.

(J) No occupancy permit shall be granted until the subject project has been completed and the Zoning Officer has determined the same to be fit for the use intended by the applicant; except that:

(1) If the applicant desires to make use of the premises or project prior to its completion, the same is strictly prohibited until such time as an application has been made for an interim occupancy permit and all rules and regulations pertaining thereto have been determined by the Zoning Officer to have been met; and

(2) If the project has not been completed and a partial use or occupation of the premises is desired by the applicant, the applicant must first make application to the Zoning Officer for an interim occupancy permit, pay a fee equal to the amount of the original cost of the permit, and thereafter, once the same has been examined by the Zoning Officer and has been determined by him or her to be fit for the limited or partial use intended, said applicant may use and/or occupy the premises; however, nothing contained in this provision shall be interpreted or used as an excuse or viewed as a waiver of any of the other terms contained hereinabove pertaining to the completion of the original project.

(K) No-impact home-based business permits.

(1) Application. A no-impact home-based business shall obtain a permit therefor from the Zoning Officer. Said permit shall be renewed annually upon payment of a permit fee as established from time to time by resolution of the Board of Supervisors and subject to inspection by the Zoning Officer to determine continuous compliance with applicable standards. All permits shall be issued for a term of one year, beginning April 1 and ending March 31 of the following year.

(2) Scope. In cases where the Zoning Officer considers the application not within the scope of the no-impact home-based business criteria, the application will be denied. The Zoning Officer will make a decision and notify the applicant in writing within 30 calendar days of the date of application is received.

(3) Voiding of permit. The Zoning Officer may void any no-impact home-based business permit for noncompliance with the criteria set forth in this chapter. Revocation may take place at any time prior to the expiration of the permit. If the permit is revoked or it is not renewed, it becomes null and void, and said use shall be terminated.

(4) Inspection. Applicants shall permit a reasonable inspection of the premises by the Zoning Officer to determine compliance with this chapter.

(L) Home occupation permits.

(1) Application. A request for a home occupation permit shall be applied for on a form provided by the township at the same time as the application for a special exception use and shall be accompanied the prevailing filing fee established by resolution by the Township Board of Supervisors. Such permit will be issued by the Zoning Officer within 45 days after the special exception use is approved by the Zoning Hearing Board.

(2) Scope. In cases where the Zoning Officer considers the application not within the scope of the home occupation criteria approved by the Zoning Hearing Board, the application will be denied. The Zoning Officer will make a decision and notify the applicant in writing within 45 calendar days of the decision of the Zoning Hearing Board.

(3) Voiding of permit. The Zoning Officer may void any home occupation permit for noncompliance with the criteria set forth in this chapter. Revocation may take place at any time prior to the expiration date of the permit. If the permit is revoked or is not renewed, it becomes null and void, and said use shall be terminated.

(4) Renewal. Home occupation may be renewed annually provided there has not been any violation of the provisions of this chapter. Requests for renewals shall be submitted to the Zoning Officer in writing accompanied by the prevailing renewal fee, as established by resolution of the Board of Supervisors, one month prior to expiration of the permit. All permits shall be issued for a term of one year, beginning April 1 and ending March 31 of the following year.

(5) Inspection. Applicants shall permit a reasonable inspection of the premises by the Zoning Officer to determine compliance with this chapter.

(2003 Code, § 170-74) (Ord. 2-93, passed 5-4-1993; Ord. 3-98, passed 10-6-1998; Ord. 1-2004, passed 6-7-2004; Ord. 2-2009, passed 2-1-2010)

§ 153.262 CONDITIONAL USE PERMIT.

An application for a zoning permit for a conditional use shall be filed with the Zoning Officer, and it shall:

(A) Identify and describe the property, its location and the present use;

(B) Reasonably describe present improvements and any intended additions and changes;

(C) Disclose the conditional use for which the application is being made; and show how the property, as it may be improved, meets the standards and criteria required;

(D) Upon receipt of such application for conditional use, the Zoning Officer shall forthwith refer the same to the attention of the Township Planning Commission. The Planning Commission shall arrange a date, time and place for a meeting with the applicant for the conditional use. Said meeting shall be held within 45 days of filing of the application with the Zoning Officer. The Planning Commission shall make a recommendation on the application to the Township Supervisors within 60 days of the original filing of the application with the Zoning Officer;

(E) The Township Supervisors may authorize conditional uses pursuant to express standards and criteria specified in this chapter for said uses and may attach such additional conditions and safeguards as it may deem necessary;

(F) The Township Supervisors shall hold a public hearing, pursuant to public notice, on the conditional use, within 75 days of the date of filing of the application with the Zoning Officer and shall issue a decision within 90 days of the date of application; and

(G) The Zoning Officer shall be under a duty of issuance of a permit or order indicating the action of the Township Supervisors as a result of the hearing on the application, and shall notify the applicant.

(2003 Code, § 170-75) (Ord. 2-93, passed 5-4-1993)

§ 153.263 FEES.

(A) The Township Supervisors shall determine and adopt a schedule of fees, charges and expenses, as well as the collection procedure for permits, variances, special exceptions, conditional uses, amendments and other matters pertaining to this chapter. Said schedule of fees shall be posted in the office of the Township Administrative Secretary/Treasurer.

(B) The Township Supervisors shall be empowered to reevaluate the fee schedule from time to time and make adjustments as deemed appropriate. Any such alterations shall not be considered an amendment to this chapter and may be adopted by resolution of the Township Supervisors at any legally advertised public meeting.

(C) Application for permits, approvals and other related matters pertaining to this chapter shall be accompanied by the designated fee and such other documentation specified by this chapter or considered necessary by the appropriate reviewing authorities or agencies.

(2003 Code, § 170-76) (Ord. 2-93, passed 5-4-1993)

§ 153.264 ZONING HEARING BOARD.

(A) Creation, appointment and organization. The membership of the Zoning Hearing Board shall consist of three residents of the municipality appointed by the governing body. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the governing body, but in no case shall the rates of compensation exceed that paid to the governing body. Their terms of office shall be three years and shall be so fixed that the terms of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the governing body of any vacancies that occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the municipality.

(B) Alternate members. The governing body may appoint one to three residents of the municipality to serve as alternate members of the Zoning Hearing Board. Their terms shall be three years. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board, nor be compensated, unless designated by the Chairperson of the Board as a voting alternate member pursuant to § 906 of the Pennsylvania Municipalities Planning Code (Act 247, 1968, as amended by Act 170, 1988, 53 P.S. § 10906). Alternate members may hold no other office in the municipality.

(1) The Zoning Hearing Board shall hear and decide appeals from any order, requirements, decision or determination made by the Zoning Officer in the administration of this chapter.

(2) The Zoning Hearing Board shall hear and decide all matters referred to or upon which it is required to pass under this chapter and other applicable laws of the commonwealth.

(3) The Zoning Hearing Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer.

(4) The Zoning Hearing Board shall hear challenges to the validity of a zoning ordinance or map. In all such challenges, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

(5) The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance provided the following findings are made where relevant in a given case:

(a) There are unique physical circumstances or conditions, peculiar to the particular property, and that the unnecessary hardship is due to such conditions;

(b) Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

(d) The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and

(e) The variance will represent the minimum variance that will afford relief.

(6) The Zoning Hearing Board may authorize special exceptions where the governing body in this chapter has made provision for such procedures pursuant to express standards and criteria. The Board may attach such additional conditions and safeguards as it may deem necessary.

(D) Procedure. The procedure of the Zoning Hearing Board shall be governed by the provisions of applicable laws of the commonwealth, and such rules, not inconsistent therewith, as the Board may adopt. In general, the procedure for appeal from action of the Zoning Officer shall be as follows.

(1) Any appeal from the requirements of this chapter shall be taken by filing with the officer, from whom the appeal is taken, and with the Zoning Hearing Board, a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all of the documentary material constituting the record upon which the action appealed was taken.

(2) The appellant shall, at the time of filing his or her appeal, pay to the township a fee as determined by the governing body to defray, or help defray, the required advertising costs.

(3) Each case as provided for under this chapter shall be heard and/or tried on its merits at a public hearing. All hearings shall be conducted in accordance with the requirements of the Pennsylvania Municipalities Planning Code (see 53 P.S. §§ 10101 et seq.), as amended, with respect to such proceedings. Notice of such hearing shall be given by publishing in a newspaper of general circulation in the township in accordance with applicable law. Written notice shall be given to the applicant, the Zoning Officer and such other persons as the Township Supervisors shall designate by ordinance. The Board shall give the notices required by law to all parties in interest, and it may adjourn any hearing for the purpose of giving such further notice.

(4) In addition, written notice of said hearings shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. Also, the Board shall give written notice of all variance hearings to all property owners within 250 feet of the subject property at least one week prior to the hearing.

(5) Hearings shall be held within 60 days from the date of the applicant’s request, unless an extension of time has been agreed to in writing by the applicant.

(6) The Planning Commission shall furnish all pertinent narrative material, maps, charts and other data relative to the problem for reference by all concerned. The Board may adjourn any hearing for the purpose of reviewing such data as may be pertinent to the problem and request interpretations of said data by a representative of the Planning Commission.

(7) The Board shall decide each case within 45 days after the last hearing or as otherwise specified by appropriate statute. A copy of the final decision or finding shall be delivered to the applicant personally or mailed to him or her not later than the day following its date. Notice thereof shall be given to all parties in interest. The Board’s decision shall be immediately filed in its office and be a public record. In the exercise of its functions upon such appeals or upon exceptions, the Board may in conformity with law, reverse or affirm wholly or partly, or modify the order requirement, decision or determination appealed from, or make such order requirement, decision or determination as it determines.

(8) A copy of the final decision or, where no decision is called for, the findings, shall be delivered to the applicant personally or mailed to him or her not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

(2003 Code, § 170-77) (Ord. 2-93, passed 5-4-1993)

§ 153.265 AMENDMENTS.

(A) Whenever the public necessity, convenience or general welfare indicates, the governing body may, by ordinance in accordance with applicable laws of the commonwealth, amend, supplement or change the regulations, restrictions, boundaries or classifications of buildings, structures and land, as the same are established by this chapter, or may hereafter be made a part thereof.

(1) Before voting on the enactment of an amendment, the governing body shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the municipality at points deemed sufficient by the municipality along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.

(2) In case of an amendment other than that prepared by the Planning Commission, the governing body shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.

(3) If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the governing body shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

(4) At least 30 days prior to the public hearing on the amendment by the governing body, the municipality shall submit the proposed amendment to the County Planning Commission for recommendations.

(5) Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the County Planning Commission.

(B) Applications of petitions for any change or amendments to existing zoning districts shall be made to the Planning Commission and shall be accompanied with a fee as determined by the governing body, payable to the Township of Greene, and shall be deposited in the General Fund. This fee is for the purpose of defraying the costs of preparing the necessary plats, maps, data, legislation and notices and all official publications required by the township and shall not be refundable even though the application is disapproved by the governing body.

(C) The Township Supervisors may from time to time, on their own motion or petition, after public notice and hearing, amend the regulations and districts herein established, but no amendment shall become effective unless the same shall have first been submitted to the Township and County Planning Commissions for review, and said Commissions shall have been allowed a period of at least 30 days for consideration and report.

(D) A landowner who desires to challenge on substantive grounds the validity of this chapter or Zoning Map or any provision thereof, that prohibits or restricts the use or development of land in which he or she has an interest, may submit a curative amendment to the Township Supervisors in accordance with provisions of the Pennsylvania Municipalities Planning Code (see 53 P.S. §§ 10101 et seq.).

(1) The governing body shall commence a hearing thereon within 60 days of the request. The curative amendment and challenge shall be referred to the township and County Planning Commissions for review and comment and notice of the hearing thereon shall be given as provided for in this chapter.

(2) If the Township Supervisors do not accept a landowner’s curative amendment brought in accordance with this division (D) and a court subsequently rules that the challenge has merit, the court’s decision shall not result in a declaration of invalidity for this entire chapter and Zoning Map, but only for those provisions which specifically relate to the landowner’s curative amendment and challenge.

(3) The governing body may determine that a validity challenge has merit and may accept a landowner’s curative amendment, with or without revision, or may adopt an alternative amendment that will cure the challenged defects. The governing body shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:

(a) The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;

(b) If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to, and affordable by, classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or Zoning Map;

(c) The suitability of the site for the intensity of use proposed by the site’s soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;

(d) The impact of the proposed use on the site’s soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and

(e) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

(E) If the Township Supervisors determine that this chapter or any portion thereof is substantially invalid, they may initiate a municipal curative amendment in accordance with the provisions of the Pennsylvania Municipalities Planning Code.

(1) Declare by formal action the chapter or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal the governing body shall:

(a) By resolution make specific findings setting forth the declared invalidity of the chapter; and

(b) Begin to prepare and consider a curative amendment to the chapter to correct the declared invalidity.

(2) Within 180 days from the date of the declaration and proposal, enact a curative amendment to validate, or reaffirm the validity of, the chapter.

(F) Zoning amendments shall not be enacted unless notice of proposed enactment is given. The notices shall include the time and place of the meeting at which passage will be considered, and a reference to a place within the township where copies of the proposed ordinance or amendment may be examined either without charge or for a charge not greater than the cost thereof. The governing body shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the municipality not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the Municipal Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:

(1) A copy thereof shall be supplied to a newspaper of general circulation in the township at the time the public notice is published;

(2) An attested copy of the proposed chapter shall be filed in the Beaver County Law Library; and

(3) In the event substantial changes are made in the proposed amendment, before voting upon enactment, the governing body shall, at least ten days prior to enactment, readvertise, in one newspaper of general circulation in the township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.

(2003 Code, § 170-78) (Ord. 2-93, passed 5-4-1993)

§ 153.266 INTERPRETATION; PURPOSE; CONFLICT.

The interpretation and application of the provisions of this chapter shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. The chapter is not intended to interfere with or abrogate or annul other rules, regulations or ordinances of the township; provided that where this chapter imposes a greater restriction upon the use of building or premises, or upon the height of a building, or requires larger open spaces than are imposed by other such rules, regulations or ordinances, the provision of this chapter shall prevail.

(2003 Code, § 170-79) (Ord. 2-93, passed 5-4-1993)

§ 153.267 REMEDIES.

In case any structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained and/or used in violation of this chapter, or any regulations made pursuant thereto, the Township Supervisors, in addition to specifically authorizing the Zoning Officer to obtain enforcement and in addition to other remedies, may institute in the name of the municipality by itself or through the Zoning Officer any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, land or use or to prevent in or about such premises any act, conduct, business or use constituting a violation.

(2003 Code, § 170-80) (Ord. 2-93, passed 5-4-1993)

§ 153.268 MUNICIPAL LIABILITY.

The granting of a zoning permit for the erection and/or use of a building or lot shall not constitute a representation, guarantee or warranty of any kind or nature by the municipality, or an official or employee thereof, of the safety of any structure, use or other proposed plan for any cause whatsoever, and shall create no liability upon or a cause of action against any such public official or employee for any damage that may result pursuant thereto.

(2003 Code, § 170-81) (Ord. 2-93, passed 5-4-1993)