Greensburg City Zoning Code
ARTICLE XX
Administration and Enforcement 1
§ 265-133 Planning Director.
[Amended 11-9-2020 by Ord. No. 2113]
The duty of administering and enforcing the provisions of this chapter is hereby laid upon a Planning Director within the Department of Planning and Development, who shall serve as the duly appointed Zoning Officer as prescribed in 53 P.S. § 10614 and shall have the authority to exercise powers and duties specified by the Planning Act and as specified by the provisions of this chapter. Duties of the Planning Director shall include:
A.
Issue zoning permits. The Planning Director shall, upon demonstration by the applicant that a proposed use or structure complies with all applicable ordinance requirements, issue all zoning permits. The Planning Director shall not have the power to permit any construction or any use or change of use which does not conform to the Zoning Ordinance, the Subdivision and Land Development Ordinance and the UCC permitting process.
B.
Interpretation and maintenance of Zoning Ordinance. The Planning Director or their designee shall provide written interpretations of these zoning regulations when there is uncertainty as to the applicability of ordinance provisions or requirements. The Planning Director shall also maintain a true and accurate copy of this chapter, including all amendments and interpretations.
C.
Interpretation and maintenance of Official Zoning Map.[1] The Planning Director or their designee shall interpret the Official Zoning Map as it relates to specific properties within the city. The Planning Director or their designee shall also maintain the Official Zoning Map by indicating all rezonings and indicating proffered conditions associated with any such rezoning by an appropriate symbol.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter..
D.
Maintain records. The Planning Director shall maintain permanent and current records required by this chapter, including but not limited to zoning permits, zoning certificates and all official actions on administrative appeals, variances, special exceptions, conditionally permitted uses, ordinance amendments, rezonings and other related land records.
E.
Enforce ordinance. The Planning Director or their designee shall conduct inspections of structures and properties to determine compliance with this chapter and, in the case of violation, shall notify, in writing, the person or persons responsible by specifying the nature of the violation and ordering appropriate corrective action.
F.
Annual report. The Planning Director or their designee shall prepare and submit an annual report to the Council regarding the administration of this chapter, setting forth such statistical data and information as may be of interest and value in advancing and furthering the purpose of this chapter.
§ 265-134 Zoning permits.
[Amended 11-9-2020 by Ord. No. 2113]
A.
No structure, including an accessory structure and sign, shall be hereafter erected, constructed, reconstructed, enlarged, converted, or structurally altered until a zoning permit shall have been issued, and no use of land shall be made, changed or enlarged, nor shall any structure hereafter erected, enlarged or structurally altered be used or changed in use until a zoning permit shall have been issued by the Planning Director.
B.
A zoning permit shall state that the proposed structure and use thereof will comply with the provisions of this chapter and all laws of the City relating thereto, and that the structure and use, when occupied, will in fact comply with this chapter and said other laws of the City.
§ 265-135 Certificates of zoning classification.
[Amended 11-9-2020 by Ord. No. 2113]
It shall be the duty of the Planning Director to issue, upon proper written request, a certificate identifying the zoning classification currently applicable to a particular parcel of real estate and stating whether or not any known or existing use or structure thereon conforms or does not conform to the regulations. If the existing use or structure does not conform, the certificate shall indicate the lawful status of the use or structure as nonconforming, or an unlawful status, on the basis of evidence known or readily available to the Planning Director.
§ 265-136 Certificates of nonconformance.
[Amended 11-9-2020 by Ord. No. 2113]
Landowners may obtain a certificate of nonconformance covering each nonconforming use of land at any time upon written request to the Planning Director. A certificate of nonconformance shall state in what specific respects the structure or use of the structure or land or the noncomplying sign does not comply with the provisions of this chapter.
§ 265-137 Record of permits and certificates and applications therefor.
[Amended 11-9-2020 by Ord. No. 2113]
A record of all zoning permits, certificates of zoning classification and certificates of nonconformance, as well as all applications therefor, shall be kept on file in the office of the Planning Director, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected.
§ 265-138 Application forms; permit issuance.
[Amended 11-9-2020 by Ord. No. 2113]
All applications for zoning permits shall be made on printed forms as approved by the Planning Director.
A.
Every application for a zoning permit shall be accompanied by plans in duplicate, based upon a site plan and drawn to scale in black line or blue line, showing:
(1)
Actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part;
(2)
The exact location, size, elevation and height of any building or structure or sign to be erected or altered;
(3)
The dimensions of all yards and other open spaces;
(4)
The location and arrangement of off-street parking and loading facilities;
(5)
The existing and intended use of each building or structure or part thereof;
(6)
The number of families or housekeeping units the building is designed to accommodate;
(7)
When no buildings are involved, the location of the present use and proposed use to be made of the lot; and
(8)
Such other information required by the Planning Director as may be necessary for the enforcement of this chapter.
B.
One copy of the plans shall be returned to the owner when they have been approved by the Planning Director, together with the approved or disapproved zoning permit.
C.
Upon receipt, a zoning permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving. Before a building permit is issued, the plans and intended use shall indicate conformity in all respects to the provisions of this chapter. Zoning permits shall be issued within 10 days of application, provided that the proposed building conforms to this chapter.
D.
Upon completion of all work for which a zoning permit was issued, the applicant shall submit to the Planning Director one copy of an as-built house/building location plan prepared by a certified surveyor or registered engineer indicating information specified in § 265-138A.
E.
No person shall occupy or use any newly constructed, reconstructed, moved, altered or enlarged building, or establish or change a use, except detached single-family dwellings, without first making proper application for and receiving registration of occupancy therefor issued by the Planning Director. Registration of occupancy is not transferable from tenant to tenant, owner to owner or from building to building. Registration of occupancy must be applied for on forms provided by the Planning Director. Registration will be issued upon proof of compliance with all provisions of this chapter. Registration shall state that the proposed structure and use comply with the provisions of this chapter and all other pertinent ordinances. In the case of any food-related business, a health license must be issued by the city's Health Department and/or the Department of Agriculture prior to occupancy being issued.
F.
The provisions of this section shall not be construed as requiring separate forms for applications or permits, and combinations with other required City applications or permits shall be permissible, provided that all the required information for each form or permit is fully supplied.
§ 265-139 Zoning permits previously issued or deferred.
[Amended 11-9-2020 by Ord. No. 2113]
A.
Any structure for which a zoning permit has been obtained and the construction of which has started or for which a contract has been let pursuant to a zoning permit issued prior to the passage of this chapter may be completed and used in accordance with the plans on which said permit was granted.
B.
Every zoning permit shall expire and be void unless the activity authorized therein shall commence within six months of the date of issue. Any zoning permit under which work substantially started has been discontinued for a consecutive period of six months from the date of issue shall be void unless renewed prior to expiration of said six-month period.
C.
Hours of operation.
(1)
The time period allowed for operations on any property sites which have been issued a zoning permit shall be:
(2)
Under certain situations the hours of operation may be extended, by approval of the Planning Director. Said exemption request must be filed by the contractor(s)/developer(s) at the time the application is filed for a permit.
§ 265-140 Amendments.
A.
Initiation. Whenever the public necessity, convenience or general welfare indicates, the Council may amend this chapter by enactment of an amending ordinance. Such amending ordinance shall contain a statement of the relationship of the proposed amendment to the community development objectives as described in Section 606 of the Planning Act.[1] Such amending ordinance shall be introduced in the Council when requested by the Commission or when initiated by one or more members of the Council.
[1]
Editor's Note: See 53 P.S. § 10606.
B.
Types of amendments. Amendments to this chapter may be either those applying to the text or those applying to the Zoning District Map.[2] Unless otherwise stated hereafter, when the term "amendment" is used, it shall be construed to mean either type of amendment or a combination thereof.
[2]
Editor's Note: The Zoning Map is included in the pocket part at the end of this volume.
C.
Amendments proposed by Commission.
(1)
The Commission may propose any amendment and may prepare and transmit to the City Council an amending ordinance, together with a request for approval of such ordinance by the Council. Such amendment may originate:
(a)
With the Commission on its own initiative.
(b)
In response to a petition for change of the Zoning District Map, filed by the landowners of a majority of the property, according to street frontage within the area of such requested change.
(c)
In response to requests from other city departments, agencies or administrative officials.
(d)
In response to proposals or suggestions for change in the text made by interested citizens or civic organizations.
(2)
Any proposal not originating directly with the Commission shall be filed for consideration by the Commission in its public office, upon forms and accompanied by such data and information as may be prescribed for that purpose by the Commission, so as to assure the fullest practical presentation of facts for the permanent record.
D.
Amendments not proposed by the Commission. As provided for in Subsection A, amendments may be initiated by one or more members of the Council. Subsequent to the introduction of any such amending ordinance and at least 40 days prior to a public hearing thereon, the Council shall refer the matter to the Commission for report and recommendation thereon.
E.
Commission report and recommendation. The Commission shall make a written report, including findings and recommendation on each proposed amendment. The report shall set forth in detail reasons wherein public necessity, convenience, general welfare, the Master Plan and the community development objectives do or do not justify the proposal. Such report shall be transmitted to the Council, to any petitioners (when a petition is involved) and to any others known to have an immediate concern in the proposal.
F.
Amendment procedures.
(1)
In considering proposed zoning amendments, the City shall follow procedures prescribed by 53 P.S. §§ 10609 and 10610.
(2)
In considering proposed landowner curative amendments, the City shall follow procedures prescribed by 53 P.S. § 10609.1.
(3)
In initiating and considering municipal curative amendments, the City shall follow procedures prescribed by 53 P.S. § 10609.2.
[3]
Editor's Note: This ordinance also repealed former Subsections G, Public hearing, as amended, H, Action of Council, I, Further hearings, and J, Notice of amendment, which immediately followed this subsection, and redesignated former Subsection K as Subsection G.
G.
Time limit on repeated requests for change of the Zoning District Map.[4] For a period of two years following any request by a landowner for a change of the Zoning District Map which is not favorably considered by the Council, no subsequent request by a landowner shall be accepted which involves the same property or any part thereof, either for change to the zoning classification originally requested or to any other zoning classification.
[4]
Editor's Note: The Zoning Map is included in the pocket part at the end of this volume.
§ 265-141 Processing fees.
[Amended 12-9-1991 by Ord. No. 1513; 12-21-1994 by Ord. No. 1646; 11-9-2020 by Ord. No. 2113]
Fees payable to the Planning Director for applications for zoning permits and to defray the cost of advertisement and administration of the Zoning Chapter shall be paid according to the schedule as set by the City Council, government agencies excepted.
§ 265-142 General validity challenges.
[Amended 11-9-2020 by Ord. No. 2113]
Challenges to the validity of this chapter or any provision thereof may be made in accordance with the provisions and procedures of the Planning Act.
§ 265-143 General enforcement provisions, violations, sanctions and penalties.
[Amended 11-9-2020 by Ord. No. 2113]
A.
Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this chapter or permits any such violation or fails to comply with any of the requirements hereof or who erects any building or uses any building or land in violation of the provisions of this chapter shall be subject to the enforcement of this section.
B.
In acting to enforce this chapter, the Planning Director or their designee or authorized agent thereof shall act in the name of the City of Greensburg. The Planning Director or their designee shall have all necessary authority on behalf of the City Council to administer and enforce the Zoning Ordinance, including the ordering, in writing, of the remedying of any condition found in violation of this chapter and the bringing of legal action to ensure compliance with this chapter, including injunction, abatement or other appropriate action or proceeding.[1]
[1]
Editor's Note: Original Section 1812, entitled "Enforcement remedies," which immediately followed this section, was deleted 12-21-1994 by Ord. No. 1646.
§ 265-144 Enforcement notice.
A.
If it appears to the Planning Director or their designee that a violation of any zoning ordinance enacted under this chapter or prior enabling laws has occurred, the Planning Director or their designee shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B.
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 that parcel and to any other person requested, in writing, by the owner of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the City of Greensburg tends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5)
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.
(6)
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.
§ 265-145 Causes of action.
[Amended 11-9-2020 by Ord. No. 2113]
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 Zoning Ordinance, the City Council or, with approval of the City Council, an officer of the City of Greensburg, 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 City of Greensburg at least 30 days prior to the time the action is begun by serving a copy of the complaint on the City Council of the City of Greensburg. No such action may be maintained until such notice has been given.
§ 265-146 Jurisdiction.
[Amended 11-9-2020 by Ord. No. 2113]
District Justices shall have initial jurisdiction over proceedings brought under § 265-145.
§ 265-147 through § 265-153. (Reserved) [1]
[1]
Editor's Note: Former Art. XXI, Planning Director, added 12-9-1991 by Ord. No. 1500, as amended, was repealed 11-9-2020 by Ord. No. 2113. This ordinance also repealed former §§ 265-144 through 265-148, redesignated former §§ 265-149 through 265-152 as §§ 265-143 through 265-146, repealed former § 265-153, and redesignated former Arts. XXII through XVI as Arts. XXI through XV.