Hopewell Township York County
City Zoning Code
City Zoning Code
PART 6
ADMINISTRATION
§ 27-601 Permits.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 2/3/1977, §§ II and III; by Ord. 10/4/1984, § I; by Ord. 10/5/1989, § III; by Ord. 12/6/1990; by Ord. 1994-3, 6/2/1994, § 1; and by Ord. 2004-2, 5/6/2004, § 10]
1.
Building Permits. It shall be a violation of this chapter to erect, move, place, construct or enlarge any building or structure within Hopewell Township except in strict compliance with the provisions of the Building Permit Ordinance of Hopewell Township [Chapter 5, Part 1] all of which provisions are incorporated herein by reference including the requirement that a building permit be obtained from the Township Zoning Officer prior to erecting, moving, placing, constructing or enlarging any building or structure within Hopewell Township, and the requirement that such erection, movement, placement, construction or enlargement be accomplished in strict accordance with the permit issued pursuant thereto and in accordance with the procedure set forth in such ordinance.
2.
Use Certificates. A use certificate, certifying compliance with this chapter must be obtained from the Zoning Officer for any new structure as below or for any change of use of a structure or land as set forth below before such new structure or use or change of use is occupied or established:
A.
Use of a structure erected, structurally altered or extended, or moved after the effective date.
B.
Use of vacant land except for agricultural purposes.
C.
Any change in a conforming use of a structure or land.
D.
Any change from a nonconforming use of a structure or land to a conforming use.
E.
Any change in the use of a structure or land from that permitted by any variance of the Zoning Hearing Board.
The application for a use certificate must include a statement of the intended use and any existing use of the structure or land. The certificate continues in effect as long as the use of the structure or land for which it is granted conforms with this chapter. | |
At the time of application for a use certificate, the applicant shall pay a fee in such amounts as shall be set by the Hopewell Township Board of Supervisors from time to time by resolution. |
3.
Hardship Permit. The Zoning Officer may grant a hardship permit to place a mobile home or other residential unit on a lot where the same would otherwise not be permitted by the terms of this chapter to house a member of the family of the owner of the tract on which the mobile home or other residential unit is to be placed, family to include only ancestors and direct descendants of the owner, and provided further, that on the tract of land where the mobile home or other residential unit is proposed to be located, all residential units are occupied by either the property owner or a member of his family and provided further, that no rent or consideration is received for the use of the mobile home or other residential unit, or the space which the same occupies; such hardship permit to be issued for such period of time as the conditions warranting the permit continue. Such permit shall be issued only upon the finding that there is a genuine hardship involved which requires that the occupant of the mobile home or other residential unit for which the permit is issued, live in close proximity with the owner of the tract of land on which the mobile home or other residential unit is to be placed and that there is no reasonable way in which the requirements of the ordinance can be satisfied, unless the proposed occupant is a parent of the applicant and is at least 62 years of age.
A mobile home shall be removed from the site within 90 days following the date it ceases to serve as a residence of the occupant for whom the permit was granted. |
§ 27-602 Zoning Officer; Powers and Duties.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 2/3/1977, §§ V and VI; by Ord. 1995-7, 9/7/1995, §§ 43 and 44; and by Ord. 2001-7, 9/6/2001, § 3]
1.
Appointment and Powers. For the administration of this chapter, a Zoning Officer, who may not hold any elective office in the Township, shall be appointed by the Township Supervisors. The Zoning Officer shall administer 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. The Zoning Officer is the enforcement officer for this chapter. He issues all building permits, use certificates and at the direction of the Zoning Hearing Board, special exceptions and variances. The Zoning Officer shall identify and register nonconforming uses and nonconforming structures.
3.
Transmittal of Papers. Upon receipt of an application for a special exception, variance or a notice of appeal, the Zoning Officer must transmit to the Secretary of the Zoning Hearing Board and to the Township Planning Commission, copies of all papers constituting the record upon the special exception, variance, or appeal.
4.
Action on Building Permits. Within 90 days, except for holidays, after receipt of an application for a building permit, the Zoning Officer must grant or refuse the permit. If the application conforms to the applicable requirements of the building permit ordinance and this chapter, the Zoning Officer must grant a permit. If the permit is not granted, he must state in writing the grounds for his refusal.
5.
Action on Use Certificates. Within 90 days, except for holidays, after receipt of an application for a use certificate, the Zoning Officer must grant or refuse the certificate. If the specifications and intended use conform in all respects with the provisions of this chapter, he must issue a certificate to that effect. Otherwise, he must state in writing the grounds for his refusal.
6.
Records. The Zoning Officer must keep a record of:
A.
All applications for building permits, use certificates, special exceptions and variances and all actions taken on them, together with any conditions imposed by the Zoning Hearing Board.
B.
All complaints of violations of provisions of this chapter and the action taken on them.
C.
All plans submitted.
D.
Nonconforming uses and nonconforming structures. All such records and plans shall be available for public inspection.
§ 27-603 Appeals.
[Ord. 1974-3, 6/20/1974]
Any person aggrieved or affected by any provision of this chapter or decision of the Zoning Officer, may appeal in the manner set forth in Article X of the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 11001 et seq., as amended.
§ 27-604 Erroneous Permit.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 2001-7, 9/6/2001, § 3]
A building permit or other permit or authorization issued or approved in violation of the provisions of this chapter is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such a permit or other authorization is unlawful. No action may be taken by a board, agency or employee of the Township purporting to validate such a violation.
§ 27-605 Violations.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 10/5/1989, § I]
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 chapter, the Township Board of Supervisors or with the approval of the Township Board of Supervisors, an officer of the Township, 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 Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Township Board of Supervisors. No such action shall be maintained until such notice has been given.
§ 27-606 Penalties.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 10/5/1989, § II; by Ord. 2001-7, 9/6/2001, § 3; and by Ord. 2016-1, 1/4/2016]
Any person, partnership or corporation who or which has violated or permitted the violation of any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the magisterial district judge. If the defendant neither pays nor timely appeals the judgment, the Township 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 magisterial district judge 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 magisterial district judge 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 Township.
§ 27-607 Amendments.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 1995-7, 9/7/1995, § 45; by Ord. 2001-7, 9/6/2001, § 3; by Ord. 2002-8, 12/9/2002, § 15; and by Ord. 2003-3, 5/1/2003, § 15]
1.
The Township Supervisors may from time to time amend, supplement or repeal any of the regulations and provisions of this chapter.
2.
Before voting on the enactment of an amendment, the Township Supervisors shall hold a public hearing thereon, pursuant to public notice. In the case of an amendment other than that prepared by the Planning Commission, the Township Supervisors 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. If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include land previously not affected by it, the Township Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. At least 30 days prior to the hearing on the amendment by the Township Supervisors, the Township shall submit the proposed amendment to the County Planning Commission for recommendations.
A.
In addition to the requirement that notice be posted, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing by first class mail to the addressees 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 Township. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This requirement of written notice shall not apply when the rezoning constitutes a comprehensive rezoning.
3.
Curative Amendments. A landowner who desires to challenge on substantive grounds the validity of this chapter or map or any provisions thereof, which prohibits or restricts the use of development of land in which he has an interest may submit a curative amendment to the Township Supervisors with a written request that his challenge and a proposed amendment be heard and decided as provided in § 1004 of the Pennsylvania Municipalities Planning Code, Act 247. 53 P.S. § 11004, as amended.
§ 27-608 Fees.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 2/1/1979C, § I; by Ord. 4/2/1981; by Ord. 3/3/1988; by Ord. 1995-4, 3/2/1995, §§ 1 and 2; by Ord. 2002-4, 4/4/2002, § 1; by Ord. 2008-10, 8/7/2008, § 1; and by Ord. 2010-5, 10/7/2010, § 2]
1.
A fee in an amount established by the Board of Supervisors from time to time by resolution shall be paid at the time of making an appeal or application to the Zoning Hearing Board or to the Board of Supervisors for any of the following: a special exception, an interpretation, an appeal from an enforcement notice, a variance or a validity variance, an amendment, a curative amendment, conditional use, or a challenge to the validity of any provision of the Zoning Ordinance. Such fee shall remain in full force and effect unless and until changed by the Board of Supervisors by subsequent resolution.
A.
No such appeal or application shall be complete or perfected until all fees required by this subsection have been paid in full.
2.
Upon completion of the hearing or if the hearing lasts more than one day, periodically during the course of the hearing, the appellant or applicant shall be billed for the reasonable expenses incurred by the Township in connection with the hearing (for advertising the hearing, stenographic charges, engineering or planning services, compensation to the members of the Zoning Hearing Board or Board of Supervisors which hears the action) in excess of the initial deposit and shall promptly pay such excess amount.
3.
Upon completion of the hearing, the applicant shall be reimbursed for any part of the initial deposit not expended.
4.
The payment of fees and costs set forth above shall be a prerequisite to the validity of any permit, variance, ruling or doctrine issued in favor of an applicant pursuant to any proceeding initiated before the Zoning Hearing Board or the Board of Supervisors.