Heidelberg City Zoning Code
ARTICLE XIV
Administration and Enforcement
§ 112-1401 Zoning Officer.
1.
Appointment. The Zoning Officer shall be appointed by Borough Council and shall administer and enforce this chapter.
2.
Duties of the Zoning Officer. In order to administer and enforce this chapter, the Zoning Officer shall:
a.
Administer and enforce the provisions of 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.
b.
Receive all applications for building permits, zoning permits and occupancy permits and maintain records thereof.
c.
Receive, file and forward to the Borough Council all applications for conditional uses and maintain records thereof.
d.
Issue building permits, zoning permits and occupancy permits for all applications that have been reviewed and approved according to the provisions of this chapter and other applicable ordinances.
e.
Maintain a permanent file with all zoning permits, occupancy permits, and applications as public records.
f.
Receive, review and issue permits for fences, accessory uses, signs and temporary uses.
g.
Receive, file and forward to the Zoning Hearing Board the records in all appeals and all applications for variances and maintain records thereof.
h.
Inspect buildings, structures, and uses of land to determine compliance with the provisions of this chapter.
i.
Issue enforcement notices for violation of any provision of this chapter 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 of the parcel. The enforcement notice shall be delivered personally or by certified mail. The enforcement notice shall state at least the following:
i.
The name of the owner of record and any other person against whom the municipality intends to take action.
ii.
The location of the property in violation.
iii.
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
iv.
The date before which steps for compliance must be commenced and the date before which the steps must be completed.
v.
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 10 days of receipt of the enforcement notice pursuant to the procedures set forth in this chapter.
vi.
That failure to comply with the enforcement notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation with possible sanctions clearly described.
j.
Initiate civil enforcement proceedings for failure to comply with enforcement notices unless the Borough Council, after receipt of the enforcement notice, directs to the contrary by motion or resolution.
k.
Initiate, with approval or at direction of the Borough Council, appropriate equitable enforcement action to prevent, restrain, abate or correct any violation of this chapter.
l.
Revoke any order or zoning use or occupancy permit issued under a mistake of fact or contrary to the provisions of this chapter.
m.
The Zoning Officer may make and maintain accurate and current records of all legal nonconformities under this chapter.
§ 112-1402 Permits.
1.
No use of land shall be made or any building or structure constructed, altered, remodeled, occupied or used nor any use of building, structure or land be changed until a zoning permit and occupancy permit has been issued by the Zoning Officer.
2.
The improvements of land preliminary to any use of such land shall not be commenced prior to the issuance of the zoning permit.
4.
Any permit issued in conflict with the provisions of this chapter shall be null and void.
5.
Application and issuance procedure.
a.
Whenever the proposed activity, whether new construction or alternation of an existing use, requires a building permit, the applications for the zoning permit and occupancy permit shall be made prior to or simultaneously with the application for the building permit. However, the building permit shall not be issued until the zoning permit has been granted.
b.
When no building permit is required, the application for the zoning permit and occupancy permit may be made at any time prior to the use or occupancy of the structure or land.
c.
Permit applications shall be submitted in writing on such forms as established by the Borough. The Zoning Officer may request any information necessary to determine the application's compliance with this chapter.
d.
Applications shall include a development plan prepared in accordance with the this chapter.
e.
The Zoning Officer shall not issue the zoning permit or occupancy permit unless the property complies with all applicable Borough, county, state and federal laws, ordinances and regulations, and until all other required approvals and permits have been obtained from applicable Borough, county, state and federal agencies, including, but not limited to, a PennDOT highway occupancy permit. The applicant shall submit copies of all such required approvals and permits to the Zoning Officer.
f.
Where approvals are not required by other Borough agencies or governmental entities, the Zoning Officer shall review and approve or disapprove the application. However, the Zoning Officer may seek the advice and recommendations of the Planning Commission on any application.
g.
An application for a zoning permit does not permit occupancy. An occupancy permit is also required. Under certain circumstances, application for any approval of a zoning permit and occupancy permit may be combined.
h.
Upon completion of the work, the applicant shall notify the Zoning Officer who shall examine the building, structure or use of land involved. If the Zoning Officer shall find that such construction, erection, structural alteration or use of building and land has been completed in accordance with the provision of this chapter and other applicable ordinances, the occupancy permit shall be issued.
i.
As a condition to the issuance of any zoning permit or occupancy permit, a landowner shall permit the Zoning Officer to inspect both the exterior and interior of the property, as deemed necessary by the Zoning Officer. Any failure or refusal to permit such inspection shall result in denial of any application for zoning permit or occupancy permit.
j.
(Reserved)
k.
No permit for any use or construction which will involve the on-site disposal of sewage or waste and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site shall be issued until a certificate of approval has been issued by the Allegheny County Department of Health and conforms to all applicable Borough regulations.
l.
A decision either approving or disapproving an application for a zoning permit shall be rendered within 30 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.
6.
Period of validity.
a.
A zoning permit shall become null and void within six months of the date of issuance unless the construction, alteration or remodeling of a building or structure is commenced or a use of land or building is commenced.
7.
Temporary zoning permit and occupancy permits.
a.
The Zoning Officer may issue a temporary zoning permit which may allow the use of occupancy of a building or structure during structural alteration thereof or may permit the partial use or occupancy of a building or structure during its construction or erection; provided, however, that such a temporary permit shall be valid only for a period not exceeding six months from its issuance and shall be subject to such restrictions and provisions as may be deemed necessary by the Zoning Officer to ensure the safety of persons using or occupying the building, structure or land involved.
8.
Inspection.
a.
It shall be the duty of the Zoning Officer, or his fully appointed representative, to make the following minimum number of inspections on property for which a permit has been issued:
i.
At the beginning of construction.
(1)
A record shall be made indicating the time and date of the inspection and the finding of the Zoning Officer in regard to conformance of the construction with plans approved with the application for the building.
(2)
If the actual construction does not conform to the application, a written notice of a violation may be issued by the Zoning Officer, and such violation shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Zoning Officer, construction may proceed.
ii.
At the completion of construction. A record shall be made indicating the time and date of the inspection; the findings of the Zoning Officer in regard to conformance to this chapter; and the opinion of the Zoning Officer in regard to the issuance of an occupancy permit.
§ 112-1403 Schedule of Fees.
The Borough Council shall establish, from time to time, by resolution, fees and charges for all permits and applications required by this chapter.
§ 112-1404 Amendments.
Amendments of this chapter may be initiated by Borough Council, by the Planning Commission, or by a petition of a landowner within the Borough in accordance with the following provisions:
1.
Petitions for amendment by landowners, other than curative amendments under § 112-1405 of this chapter, shall be filed in writing with the Zoning Officer, and the petitioner, upon such filing, shall pay a filing fee and/or review deposit in accordance with the schedule fixed by resolution of Borough Council.
2.
Any proposed amendment other than one proposed by the Planning Commission shall be referred to the Planning Commission at least 30 days prior to the public hearing for review. The Planning Commission shall review the proposed amendment and report its findings and recommendations, in writing, to the Borough Council and to the petitioner within 45 days and shall include a specific statement as to whether or not the proposed action is in accordance with the objectives of the Borough's Comprehensive Plan.
3.
In the event the Planning Commission recommends approval of the proposed amendment, in whole or in part, or if a public hearing is requested by at least one member of the Borough Council, a public hearing shall be scheduled on the proposed amendment in accordance with the requirement of the MPC.
4.
A copy of the proposed amendment shall be submitted to the County Planning Agency for review at least 30 days prior to the public hearing. If the County Planning Agency fails to act prior to the public hearing, the governing body shall proceed without its recommendation.
5.
If the proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted by the Borough at points deemed sufficient by it along the tract to notify potentially interested citizens. The affected tract shall be posted at least one week prior to the date of the hearing.
6.
Notice of any proposed Zoning Map change shall also be mailed by the Borough at least 30 days prior to the public hearing by first-class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Borough. A good-faith effort and substantial compliance shall satisfy the requirements of this subsection. This subsection shall not apply to a comprehensive rezoning.
7.
If, after any public hearing held upon an amendment, the proposed amendment is substantially revised or further revised to include land previously not affected by it, then the Borough Council shall hold another public hearing pursuant to public notice before proceeding to vote on the amendment.
8.
The Borough Council shall act on a proposed amendment to this chapter within 90 days of the date of the meeting at which the public hearing on the amendment is closed. If the Borough Council fails to so act within the said ninety-day period, then the proposed amendment shall be deemed denied.
9.
Within 30 days after enactment, a certified copy of the amendment to this chapter shall be forwarded to the County Planning Agency.
10.
The proposed amendment shall also be published, advertised and made available to the public in accordance with the requirements of the MPC.
§ 112-1405 Landowner curative amendments.
Any landowner who wishes to challenge, on substantive grounds, the validity of this chapter or the Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which he/she has an interest may prepare and submit a curative amendment to the Borough Council, in the form he/she proposes it be adopted, together with a written request that the challenge and proposed amendment be heard and decided in accordance with the requirements of the MPC. The Borough Council shall hold a public hearing, pursuant to public notice, on the matter within 60 days of receiving an administratively complete curative amendment request. Public notice of the public hearing shall be given by the Borough in accordance with the requirements of the MPC. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC. The Borough Council shall comply with all applicable requirements of the MPC regarding the conduct of hearings and decisions related thereto.
1.
Referral to Planning Commission and County Planning Agency. The curative amendment and challenge shall be referred to the Planning Commission and the County Planning Agency or its designee at least 30 days prior to the public hearing for review and comment.
2.
Declaration of invalidity by the court. If the Borough does not accept a landowner's curative amendment brought in accordance with this section 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, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
3.
Evaluation of merits of curative amendment. If the Borough Council determines that a validity challenge has merit, then the Borough Council may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Borough Council 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 the Zoning Map.
c.
The suitability of the lot's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and natural features for the intensity of the proposed uses.
d.
The impact of the proposed use on the lot'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.
e.
The impact of the proposal on the preservation of land uses which are essential to the public health and welfare.
§ 112-1406 Municipal curative amendments.
§ 112-1407 Violations and penalties.
1.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor 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. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. 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 determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating the ordinance 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 zoning ordinances shall be paid over to the Borough.
2.
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.
3.
Nothing contained in this article shall be construed or interpreted to grant to any person or entity other than the Borough or its agents the right to commence any action for enforcement of this chapter, except where otherwise authorized by law.
§ 112-1408 Mediation.
1.
Parties to proceedings authorized in this article and appeals of these proceedings may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this article and appeals of those procedures once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.
2.
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. Mediating parties shall be assisted by the mediator as appropriate and shall develop terms and conditions for:
a.
Funding mediation.
b.
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
c.
Completing mediation, including time limits for such completion.
d.
Suspending time limits otherwise authorized in this act, provided there is written consent by the mediating parties, and by an applicant or municipal decision making body if either is not a party to the mediation.
e.
Identifying all parties and affording them the opportunity to participate.
f.
Subject to legal restraints, determining whether some or all of the mediation sessions, shall be open or closed to the public.
g.
Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision making body pursuant to the authorized procedures set forth in the other sections of this chapter.
3.
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.