Jackson Township York County
City Zoning Code
City Zoning Code
ARTICLE VIII
Administration and Enactment
§ 133-130 Permits.
A.
Proposed use and building permits. A proposed use permit, which must be obtained from the Zoning Officer, shall be required for the erection, enlargement, structural repair, structural alteration, moving or demolition of any structure. No proposed use permit shall be required for nonstructural repairs or routine maintenance of structures, including, but not limited to, the replacement of siding, shutters, fascia, rain gutters, downspouts, storm doors, awnings projecting under 54 inches, roof shingles or metal, and windows, entrance doors and garage doors, provided the supporting structure of the opening is not enlarged. Building permits shall be required for such activities as set forth in the Pennsylvania Uniform Construction Code,[1] as amended, in accordance with the Township Building Construction Ordinance.[2] Work on the proposed construction and/or development shall begin within six months and shall be completed within 12 months after the date of issuance of the proposed use permit or building permit, whichever is issued last, or the permit shall expire. However, the permit may be extended annually for an aggregate period of not more than three years, provided that the construction or change pursuant to such permit has commenced within the initial six-month period. Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Zoning Officer to approve such a request. The permit application must be accompanied by a site plan to demonstrate conformity to this chapter and shall include the following:
[Amended 6-7-2016 by Ord. No. 210-16]
(1)
Lot: the location and dimensions of the lot.
(2)
Streets: names and widths of abutting streets and highways.
(3)
Structures and yards: locations, dimensions, and uses of existing and proposed structures and yards on the lot and, as practical, of any existing structures within 100 feet of the proposed structure but off the lot.
(4)
Improvements: proposed off-street parking and loading areas, access drives, landscaping, lighting, signs, storage areas, fences, walls, and walks; proposed sewage disposal system.
B.
Use and occupancy certificates.
(1)
A use and occupancy certificate, certifying compliance with this chapter, must be obtained from the Zoning Officer for any new structure 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 of this chapter.
(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 approved by the Zoning Hearing Board.
(2)
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.
§ 133-131 Enforcement; Zoning Officer.
A.
Appointment. A Zoning Officer shall be appointed by the Board of Supervisors to administer and enforce this chapter. The Zoning Officer shall not hold any elective office in the Township. The Zoning Officer shall meet qualifications established by the Township and be able to demonstrate to the satisfaction of the Township Supervisors a working knowledge of municipal zoning.
B.
Duties and powers. It shall be the duty of the Zoning Officer to administer this chapter in accordance with its literal terms and to enforce the provisions of the chapter and the amendments thereto. The Zoning Officer shall not have the power to permit any construction or any use or any change of use that does not conform to this chapter. He or she shall have such duties and powers as are conferred on him or her by this chapter and as are reasonably implied for that purpose.
D.
Transmittal of papers. As soon as practical after receipt of an application for a special exception, variance or a notice of appeal, the Zoning Officer must transmit to the Solicitor of the Zoning Hearing Board and to the Township Planning Commission copies of all papers constituting the application for the special exception, variance, or appeal.
E.
Action on proposed use and building permits. Within 15 business days, not counting holidays and weekends, after receipt of an application for a proposed use permit or a building permit, the Zoning Officer must grant or refuse the permit. If the application conforms to the applicable requirements of Chapter 47, Article I, Building Permits, and this chapter, the Zoning Officer must grant a permit. If the permit is not granted, the Zoning Officer must state, in writing, the grounds for refusal.
F.
Action on use of occupancy certificates. Within 15 business days, not counting holidays and weekends, after receipt of an application for a use and occupancy 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 of his refusal.
G.
Revoking permits/approvals. The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter in the case of any false statement or misrepresentation of a fact in an application or on the plans on which the permit or approval was based. Any permit issued in error shall in no case be construed as waiving any provision of this chapter, and such permit may be revoked.
H.
Enforcement. Upon determining that a violation of any of the provisions of this chapter exists, the Zoning Officer must send an enforcement notice by regular and certified United States mail to the owner of record of the parcel on which the violation has occurred, by regular mail to any person who has filed a written request to receive enforcement notices regarding that parcel, and by regular mail to any other person the owner of record has requested by writing be notified. An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation, with a description of the requirements that 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 (within 15 days of issuance of notice) and the date before which the steps must be completed (within 45 days of issuance of notice).
I.
Records.
(1)
The Zoning Officer shall keep record of the following:
(a)
All applications for proposed use and building permits, use and occupancy 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.
(2)
All such records and plans shall be available for public inspection pursuant to the Township's Request for Public Records Policy.
§ 133-132 Amendments.
A.
The Board of Supervisors may from time to time amend, supplement, or repeal any of the regulations and provisions of this chapter.
B.
Public hearing(s). Before voting on the enactment of an amendment, the Board of 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 Board of 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 changed substantially, or is revised to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
C.
County Planning Commission review. At least 30 days prior to the hearing on any amendment by the Board of Supervisors, the Township shall submit the proposed amendment to the County Planning Commission for recommendations.
D.
Amendments involving Zoning Map changes.
(1)
If the proposed amendment involves a Zoning Map change, notice of the required public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the tract to notify potentially interested citizens. Signs shall be posted on the affected tract or area at least one week prior to the date of the hearing. In addition, written notice of the hearing shall be sent to the property owner and all adjoining property owners.
(2)
In addition to the requirement that notice be posted under § 133-117D(1), 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 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 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.
(3)
This subsection shall not apply when the rezoning constitutes a comprehensive rezoning.
E.
Enactment of amendments. Proposed amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section and 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 amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Board of Supervisors shall publish the proposed amendment once in one newspaper of general circulation in the Township neither more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not advertised, then the following actions must take place:
(1)
A copy thereof shall be supplied to the newspaper in general circulation in the Township at the time the public notice is published; and
(2)
An attested copy of the proposed ordinance shall be filed in the York County Law Library or other county offices designated by the York County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing the chapter.
(3)
In the event substantial amendments are made to the proposed amendment, before voting upon enactment, the Board of Supervisors shall, at least 10 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.
(4)
Within 30 days after enactment of any amendment to this chapter, a copy of the amendment shall be forwarded to the York County Planning Commission.
F.
Landowner curative amendments. A landowner who desires to challenge on substantive grounds the validity of an ordinance or map, or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1.
G.
Municipal curative amendments. If the Township determines that its Zoning Ordinance or any portion thereof is substantially invalid, the Township shall declare, by formal action, its Zoning Ordinance or portions thereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity as provided for and in accordance with the procedures set forth in Section 609.2 of the Pennsylvania Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10609.2.
§ 133-133 Fees.
The Board of Supervisors shall, by resolution, establish fees for all applications, permits, or appeals provided for by this chapter to defray the costs of advertising, mailing notices, processing, inspecting, and copying applications, permits, and use certificates. The fee schedule shall be available at the Township offices for inspection.
§ 133-134 Appeals.
Any person aggrieved or affected by a provision of this chapter or decision of the Zoning Officer, Township Engineer, Zoning Hearing Board or Board of Supervisors may appeal in the manner set forth in either Article IX or X-A of the Pennsylvania Municipalities Planning Code, as amended, whichever is applicable.
§ 133-135 Repealer.
All Township ordinances or parts thereof in conflict with this chapter or inconsistent with the provisions of this chapter are hereby repealed to the extent necessary to give this chapter full force and effect.
§ 133-136 Interpretation.
The provisions of this chapter shall be held to be minimum requirements to meet the purposes of this chapter. When provisions of this chapter impose greater restrictions than those of any statute, other ordinance, or regulations, the provisions of this chapter shall prevail. When provisions of any statute, other ordinance, or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance, or regulation shall prevail.
§ 133-137 Violations.
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 Board of Supervisors or, with approval of the 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, may institute any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, 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 Board of Supervisors at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Township. No such action may be maintained until such notice has been given.
§ 133-138 Penalties.
A.
Any person, partnership, or corporation that has violated or permitted the violation of any provision of this chapter shall, upon being found liable in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Township 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 appeals the judgment in a timely manner, 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 District Justice, determining that a violation has occurred, further determines that there was a good-faith basis for the person, partnership, or corporation violating this chapter to have believed that there was not 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.
B.
All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Township.
§ 133-139 Validity.
If any section, clause, provision, or portion of this chapter shall be held invalid or unconstitutional by a recognized court of the Commonwealth of Pennsylvania, such decision shall not affect the legality of the remaining sections, clauses, provisions, or portions of this chapter.
§ 133-140 When effective; repealer.
This chapter shall take effect immediately upon adoption and publication according to law. This chapter shall revoke and repeal the prior Zoning Ordinance of Jackson Township adopted March 26, 1996, and all amendments thereto, effective upon enactment of this chapter.