Hanover City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 370-900 Zoning Officer.
A.
Duties of the Zoning Officer. The Zoning Officer shall be the primary official responsible for administration and enforcement of this chapter. The Zoning Officer's duties shall include the following:
(1)
Zoning permits. Receiving and reviewing applications for Zoning Permits, and enforcement of Zoning Permits.
(2)
Maintenance of records of Zoning Permit applications and permits as public records.
(3)
Upon request, presentation of information at meetings of the Planning Commission to assist in their decision making.
(4)
Upon request, presentation of information at meetings of the Zoning Hearing Board regarding Special Exception reviews and variance requests, or testimony during appeals of decisions of the Zoning Officer.
(5)
Upon request, presentation of information at meetings of Borough Council regarding Conditional Use reviews, and amendments to the Zoning Ordinance and Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
(6)
Enforcement of the provisions of this chapter, including inspections and other means of determining compliance or non-compliance, notices of violations, and corrective orders, revocation of a Zoning Permits, or levying of fines.
(7)
Maintaining this Zoning Ordinance and the Zoning Map. Upon request, the Zoning Officer shall make determination of any Zoning Map district boundary question.
(8)
If approved by Borough Council, the Zoning Officer may also serve as the Building Inspector.
B.
Administration. The Zoning Officer shall administer this chapter by its literal terms; the Zoning Officer does not have any discretionary power and shall neither waive nor tighten any requirement of the chapter.
C.
Requirements. Candidates for the Zoning Officer position shall meet qualifications established by the Borough and the Pennsylvania Municipalities Planning Code and shall demonstrate a working knowledge of municipal zoning.
D.
Appeals of decisions. Any interpretation, determination, requirement, or order of the Zoning Officer in the enforcement of this chapter may be appealed to the Zoning Hearing Board. Appeals from the determination of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management shall be heard by Borough Council, as enabled by the Pennsylvania Municipalities Planning Code.
§ 370-901 Zoning Hearing Board.
A.
Creation. The Borough Council shall appoint a Zoning Hearing Board consisting of five members. Each member shall be a resident of Hanover Borough. A member of the Zoning Hearing Board shall not hold an elective office or be appointed to the Hanover Planning Commission.
B.
Terms of office. The term for each board member is five years, arranged so that one term expires each year. Terms of office shall expire on December 31. Any vacancy occurring during a term of office is filled only for the unexpired portion of the term.
C.
Removal. A member may be removed by a majority vote of Borough Council, based on just cause, such as malfeasance, misfeasance, or nonfeasance. The member shall be given 15 days' notice of the intent of the Council to vote on removal, and shall have a right to a hearing when requested in writing.
D.
Alternate members. Council may appoint alternate members to participate if the Board is unable to obtain a quorum due to absence or disqualification. Once seated, the alternate shall continue to serve on the Board in all proceedings involving a case until the Board makes a decision.
E.
Procedures.
(1)
Members of the Zoning Hearing Board qualify as "public officials" and are subject to the Pennsylvania Public Official and Employee Ethics Act, 65 Pa.C.S.A. § 1101 et seq. (Ethics Act).
(2)
A quorum shall consist of a simple majority of members.
(3)
Board members shall elect their own chairperson on an annual basis.
(4)
The board has the power to make, alter, and rescind rules for its procedures, provided that they are consistent with the rules of the municipality and of the commonwealth.
(5)
Full public records must be kept by the board, and such records become property of the municipality.
F.
Duties. The Zoning Hearing Board has exclusive jurisdiction over the following:
(1)
Substantive challenges to the validity of any land use ordinance, except curative amendments (heard by Borough Council).
(2)
Appeals from a determination of the Zoning Officer.
(3)
Appeals from a determination by the municipal engineer or zoning officer with respect to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
(4)
Applications for variances from the terms of the zoning ordinance and flood hazard ordinance or such provisions within a land use ordinance.
(5)
Applications for Special Exceptions under the zoning ordinance or floodplain or flood hazard ordinance or such provisions within a land use ordinance.
§ 370-902 Zoning permits.
A.
A Zoning Permit shall be required prior to the following circumstances:
(1)
The erection of, movement of, addition to, or structural alteration of any building, structure, or sign;
(2)
The establishment of a new use, or expansion, intensification, or change of an existing use;
(3)
The construction or substantial reconstruction of site improvements.
B.
Application for zoning permit. An applicant shall submit an application for a Zoning Permit to the Zoning Officer using a form supplied by the Borough. Projects also requiring a Building Permit under the Uniform Construction Code may submit a simultaneous Zoning Permit application. The application shall include the following information as applicable:
(1)
A statement as to the proposed use of the land, including a description of the uses, quantities, and types of dwellings and other uses.
(2)
A site layout drawn to scale showing the location, dimensions, and heights of buildings, structures, or uses in relation to property and street lines.
(3)
Elevation drawings of buildings to illustrate height.
(4)
The location and dimensions of all site improvements, including yards, landscaping, sidewalks, vehicle areas, lighting, waste equipment, and other details.
(5)
The dimensions, location, and methods of illumination for signs.
(6)
Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage.
(7)
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards, along with any methods to be employed in controlling any excess safety hazards.
(8)
Any other data deemed necessary by the Zoning Officer to enable him to determine the compliance of the proposed development with the terms of this chapter.
C.
Copies. The Zoning Officer shall specify the number of application copies required, reflecting filing needs and the type of review required.
D.
Application fee. A fee schedule shall be adopted by resolution of Council, and all such fees shall be paid to the Borough of Hanover for deposit into the Borough Treasury. Fees for applications requiring a special exception or conditional use approval shall include the cost of advertising and noticing.
E.
Administrative approval. The Zoning Officer may conduct an administrative approval for the following proposed actions. The application fee for an administrative approval shall be waived.
(1)
Erection, reconstruction, relocation or structural alteration of fences, retaining walls, decks, patios, unenclosed porches, canopies, balconies, carports, or agricultural buildings, or single-story accessory structures under 250 square feet in area not including wireless communication facilities.
(2)
Like-to-like changes in by-right uses, or an intensification of a by-right use that does not then require additional parking.
(3)
Site improvements to landscaping, waste facilities, satellite dishes, rooftop solar systems, temporary structures, mechanical or waste equipment.
F.
Application review. The Zoning Officer shall conduct a review of the application to ensure conformity with all applicable provisions of this chapter and shall not approve an application unless all parts are in conformity or unless necessary variances have been secured. Any Special Exception or Conditional Use approvals shall be secured before a Zoning Permit may be approved.
G.
Issuance of zoning permit. A decision either approving or disapproving an application for a Zoning Permit shall be rendered within 90 days after the application is filed. Any disapproval of the application shall contain a brief explanation setting forth the reasons for the disapproval and the manner in which the application can be corrected and/or modified to obtain the required approval. If no decision is rendered on the application within 90 days, the application shall be deemed to have been granted immediately, unless the application has agreed, in writing, to an extension of time.
H.
Expiration of zoning permit. A Zoning Permit shall be void after 12 months from the date of issuance, unless the work authorized by the permit shall have been substantially commenced and carried on with due diligence. If, however, the Applicant has been delayed in proceeding with the work for which the permit was granted by a reasonable cause not due to his own negligence, the permit may be renewed without additional cost to the Applicant.
I.
Certificate of occupancy. Any project also requiring a Certificate of Occupancy under the Uniform Construction Code shall require a certification by the Zoning Officer that the work has been inspected and approved as being in conformity with the Zoning Permit.
§ 370-903 Violations.
A.
If it appears to the Zoning Officer that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this chapter.
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, to any other person requested in writing by the owner of record and to any other person or entity deemed appropriate by the Zoning Officer.
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 Borough intends 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 seven days, for a hearing and review of the Zoning Hearing Officer's determination of violation. The appeal shall be filed upon actual receipt, within prescribed seven-day period, by the Borough of a notice of appeal, in writing, setting forth the basis of the appeal and requesting a hearing before the Zoning Hearing Board.
(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.
§ 370-904 Remedies.
A.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter or a prior Zoning Ordinance, shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof.
B.
No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the district justice.
C.
If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determines that there was a good faith basis for the person, partnership or corporation 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 district justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Borough.
D.
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
E.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.
§ 370-905 Special exception procedure.
A.
Purpose. The Special Exception process is designed to allow a careful review of uses that have potential for conflicts with adjacent uses or areas, to determine compliance with standards and criteria, to assure that the public interest is not violated, and to attach any reasonable conditions or safeguards necessary to implement the purpose of this chapter.
B.
Zoning hearing board. The Zoning Hearing Board, as appointed by the Borough Council in the manner prescribed by the Pennsylvania Municipalities Planning Code, shall be responsible for approval or disapproval of Special Exceptions.
C.
Hearing required. The Zoning Hearing Board shall issue an approval or disapproval of a Special Exception only after a duly noticed public hearing. Public notice requirements and timing requirements shall be in accordance with the Municipalities Planning Code:
(1)
Public notice.
(a)
Hearing notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Public notice shall not be published more than 30 days from the date of the hearing or fewer than seven days from the date of the hearing. All public notices shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.
(b)
Written notice shall be given to the applicant, the Hanover Planning Commission, the Zoning Officer, and to any person who has made timely request for such notice.
(c)
Written notice of said hearing shall be conspicuously posted notice on the affected tract of land no less than seven days prior to the date of the hearing.
(d)
The Borough Council may, by resolution, establish a reasonable fee schedule based on cost, to be paid by the applicant for any notice required by this chapter and by persons requesting any notice not required by ordinance.
(2)
Hearing timeline. The first hearing on the application shall be commenced within 60 days of the date of receipt of the application or appeal. Any further hearings shall be held within 45 days of a prior hearing.
D.
Criteria for approval. To approve a Special Exception, the Zoning Hearing Board shall find the proposal meets all of the following criteria:
(1)
The proposal conforms to all of the applicable Zoning District regulations and Specific Use regulations.
(2)
The proposal conforms to all the applicable standards for site improvements and performance, and other regulations of this chapter.
(3)
The proposal also conforms to the following Special Exception criteria:
(a)
Other laws. It shall not be in conflict with other Borough ordinances or state or federal laws or regulations that the Zoning Hearing Board has clear knowledge of.
(b)
Comprehensive plan. It shall be generally consistent with the adopted Comprehensive Plan.
(c)
Traffic. It shall not result in or significantly add to a serious traffic hazard or serious traffic congestion, and shall organize vehicular access and parking to minimize traffic congestion in the vicinity of the proposed Special Exception.
(d)
Safety. It shall not create a significant public safety hazard, including fires, toxic or explosive hazards.
(e)
Neighborhood. The proposed use will not detract from the use characteristics of the surrounding neighborhood, nor substantially injure or detract from the use of adjacent properties and that the use of adjacent properties is adequately safeguarded. Further, the proposed use, will not cause negative impacts over and above those typically associated with such uses located and operated in a usual manner.
(f)
Design. It will involve adequate site design methods and shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties and be consistent with the environment of the neighborhood.
(4)
Attached conditions. The Zoning Hearing Board may require such reasonable conditions and safeguards as it deems necessary for the proposal to meet the above criteria and implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of any related Zoning Permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
(5)
Persons with disabilities and/or fair housing special exceptions. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a Special Exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are necessary to provide a "reasonable accommodation" under the Americans With Disabilities Act and/or the Federal Fair Housing Act and/or applicable state law, as amended, to serve persons who the applicant proves have "disabilities" as defined in and protected by such laws.
E.
Written decision. A written decision, with written findings, shall be issued within 45 days of the last hearing. The Zoning Officer shall attach the decision and any required conditions to any relevant Zoning Permits.
F.
Expiration of special exception approval. Approval of a Special Exception shall become invalid if an application for a related Zoning Permit and/or Building Permit is not submitted within 12 months of the decision of the Zoning Hearing Board. If, however, the applicant has been delayed in submitting the permit application for some reason beyond the applicant's control, the Zoning Hearing Board may extend the approval beyond the 12-month period.
§ 370-906 Conditional use procedure.
A.
Purpose. The Conditional Use process is designed to allow a careful review of uses that have potential for conflicts with adjacent uses or areas, to determine compliance with standards and criteria, to assure that the public interest is not violated, and to attach any reasonable conditions or safeguards necessary to implement the purpose of this chapter.
B.
Borough council. The Hanover Borough Council shall be responsible for approval or disapproval of Conditional Uses.
C.
Planning commission review. The Hanover Planning Commission may, at its option, review a proposed conditional use application and submit an advisory recommendation to the Borough Council. The intent of this provision is to allow an additional review for proposed uses that would have wide-ranging effects.
D.
Hearing required. The Borough Council shall issue an approval or disapproval of a Conditional Use only after a duly noticed public hearing. Public notice requirements and timing requirements shall be in accordance with the Pennsylvania Municipalities Planning Code:
(1)
Public notice.
(a)
Hearing notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Public notice shall not be published more than 30 days from the date of the hearing or fewer than seven days from the date of the hearing. All public notices shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.
(b)
Written notice shall be given to the applicant, the Hanover Planning Commission, the Zoning Officer, and to any person who has made timely request for such notice.
(c)
Written notice of such hearing shall be conspicuously posted on the affected tract of land no less than seven days prior to the date of the hearing.
(d)
The Borough Council may, by resolution, establish a reasonable fee schedule based on cost, to be paid by the applicant for any notice required by this chapter and by persons requesting any notice not required by ordinance.
(2)
Hearing timeline. The first hearing on the application shall be commenced within 60 days of the date of receipt of the application or appeal. Any further hearings shall be held within 45 days of a prior hearing.
E.
Criteria for approval. To approve a Conditional Use, the Borough Council shall find the proposal meets all of the following criteria:
(1)
The proposal conforms to all of the applicable Zoning District regulations and Specific Use regulations.
(2)
The proposal conforms to all the applicable standards for site improvements and performance, and other regulations of this chapter.
(3)
The proposal also conforms to the following Conditional Use criteria:
(a)
Other laws. It shall not be in conflict with other Borough ordinances or state or federal laws or regulations that the Borough Council has clear knowledge of.
(b)
Comprehensive plan. It shall be generally consistent with the adopted Comprehensive Plan.
(c)
Traffic. It shall not result in or significantly add to a serious traffic hazard or serious traffic congestion and shall organize vehicular access and parking to minimize traffic congestion in the vicinity of the proposed Conditional Use.
(d)
Safety. It shall not create a significant public safety hazard, including fires, toxic or explosive hazards.
(e)
Neighborhood. The proposed use will not detract from the use characteristics of the surrounding neighborhood, nor substantially injure or detract from the use of adjacent properties and that the use of adjacent properties is adequately safeguarded. Further, the proposed use, will not cause negative impacts over and above those typically associated with such uses located and operated in a usual manner.
(f)
Design. It will involve adequate site design methods and shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties and be consistent with the environment of the neighborhood.
(4)
Attached conditions. The Borough Council may require such reasonable conditions and safeguards as it deems necessary for the proposal to meet the above criteria and implement the purposes of this chapter. Conditions imposed by the Borough Council shall automatically become conditions of any related Zoning Permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
F.
Written decision. A written decision, with findings, shall be issued within 45 days of the last hearing. The Zoning Officer shall attach the decision and any required conditions to any relevant Zoning Permits.
G.
Expiration of conditional use approval. Approval of a Conditional Use shall become invalid if an application for a related Zoning Permit and/or Building Permit is not submitted within 12 months of the decision of the Borough Council. If, however, the applicant has been delayed in submitting the permit application for some reason beyond the applicant's control, the Borough Council may extend the approval beyond the 12-month period.
§ 370-907 Variances.
A.
Zoning Hearing Board. The Zoning Hearing Board shall be responsible for approval or disapproval of variance requests.
B.
Hearing required. The Zoning Hearing Board shall issue an approval or disapproval of a variance request only after a duly noticed public hearing. Public notice requirements and timing requirements shall be in accordance with the Municipalities Planning Code:
(1)
Public notice.
(a)
Hearing notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Public notice shall not be published more than 30 days from the date of the hearing or fewer than seven days from the date of the hearing. All public notices shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.
(b)
Written notice shall be given to the applicant, the Hanover Planning Commission, the Zoning Officer, and to any person who has made timely request for such notice.
(c)
Written notice of said hearing shall be conspicuously posted notice on the affected tract of land no less than seven days prior to the date of the hearing.
(d)
The Borough Council may, by resolution, establish a reasonable fee schedule based on cost, to be paid by the applicant for any notice required by this chapter and by persons requesting any notice not required by ordinance.
(2)
Hearing timeline. The first hearing on the application shall be commenced within 60 days of the date of receipt of the application or appeal. Any further hearings shall be held within 45 days of a prior hearing.
C.
Grant of variances. The Zoning Hearing Board may grant a variance only if it makes the following findings, where relevant:
(1)
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(2)
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance, and authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
That 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.
(5)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(6)
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
D.
Conditions. In granting a variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of any related Zoning Permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
E.
Uses not permitted. Under no circumstances shall the Zoning Hearing Board grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
