Jefferson City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 198-85 Permits.
A.
Building permits:
(1)
A building permit, which must be obtained from the Zoning Officer, shall be required for the erection, enlargement, repair, alteration, moving or demolition of any structure, except temporary signs, as set forth in this chapter. 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 building permit or the permit shall expire unless a time extension is granted, in writing, by the Zoning Officer. 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 showing as necessary to demonstrate conformity to this chapter:
(a)
Lot. The location and dimensions of the lot.
(b)
Streets. Names and widths of abutting streets and highways.
(c)
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.
(d)
Improvements. Proposed off-street parking and loading areas, access drives and walks. Proposed sewage disposal system.
(2)
For lots less than 1/2 acre, the site plan must be at the scale of one inch equals 20 feet; for larger lots, the site plan must be at the scale of one inch equals 40 feet. The north point must be shown on all site plans.
B.
Use certificates:
(1)
A use certificate, certifying compliance with this chapter, must be obtained from the Zoning Officer for any new building or structure as set forth below or for any change of use of a building, structure or land as set forth below before such new building, structure or use or change of use is occupied or established:
(a)
Use of a building or structure erected, structurally altered or extended, or moved after effective date of this chapter.
(b)
Use of vacant land, except for agricultural purposes.
(c)
Any change in a conforming use of a building, structure or land.
(d)
Any change from a nonconforming use of a building, structure or land to a conforming use.
(e)
Any change in the use of a building, structure or land from that permitted by any variance of 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 building, structure or land. The certificate continues in effect as long as the use of the building, structure or land for which it is granted conforms with this chapter.
§ 198-86 Enforcement - Zoning Officer.
A.
Appointment and powers. For the administration of this chapter, a Zoning Officer, who may not hold any elective office in the Borough, shall be appointed by the Borough Council. The Zoning Officer shall meet qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough a working knowledge of municipal zoning. 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 direction of the Zoning Hearing Board, special exceptions and variances. The Zoning Officer may identify and register nonconforming uses and nonconforming structures together with the reasons why they were identified as nonconformities. The Zoning Officer may conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter with consent of the owner.
C.
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 Borough Planning Commission, copies of all papers constituting the record upon the special exception, variance, or appeal.
D.
Action on building permits. Within 15 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 § 198-85 and this chapter, the Zoning Officer must grant a permit. If the permit is not granted, he must state in writing the grounds of his refusal.
E.
Action on use certificates. Within 15 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 of this refusal.
F.
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.
G.
Civil enforcement proceeding. Upon determining that a violation of any of the provisions of this chapter exists, the Zoning Officer may initiate civil enforcement proceedings. To initiate a civil enforcement proceeding, the Zoning Officer must send an enforcement notice 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. 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 provision(s) of this chapter.
(4)
Steps for compliance must be commenced within 15 days of the date of the notice and all steps for compliance must be completed within 60 days of the date of the notice.
(5)
The recipient of the notice has the right to appeal to the Zoning Hearing Board within 15 days of the date of this notice, in which case such appeal shall be heard in accordance with the procedures set forth in § 198-90 of this chapter.
(6)
Failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, and sanctions may be imposed, including judgment of $500 per day, court costs, attorney's fees, sheriff's sale or judicial sale of your property in the event of nonpayment of such judgment, and equitable relief and injunction. Any instance of the failure to comply with the notice within the time specified will be forwarded to the Magisterial District Judge.
H.
Records. The Zoning Officer must keep record of:
(1)
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.
(2)
All complaints of violations of provisions of this chapter and the action taken on them.
(3)
All plans submitted.
(4)
Nonconforming uses and nonconforming buildings and structures.
All such records and plans shall be available for public inspection. |
J.
Other actions. Nothing herein contained shall restrict, nor shall in any manner be construed to restrict, the Borough from instituting any appropriate action or proceeding, in equity or at law, or otherwise, to prevent, restrain, correct or abate, or seek damages, costs, fees and expenses for the same, for any violation of this chapter.
§ 198-87 Conditional uses.
A.
Filing of conditional uses:
(1)
For any use permitted by conditional use, a conditional use must be obtained from the Borough Council. In addition to the information required on the building permit application, the conditional use application must show:
(a)
Ground floor plans and elevations of proposed structures.
(b)
Names and addresses of adjoining owners.
(2)
Unless otherwise specified or extended by the Borough Council, a conditional use expires if the applicant fails to obtain, where required to do so, a building permit or use certificate within six months of the date of the authorization of the conditional use.
B.
Referral to Planning Commission. All applications for a conditional use shall be referred to the Borough Planning Commission for a report. The Borough Planning Commission shall have 30 days from the date of receipt of the application to review the conditional use request and submit an advisory report to the Borough Council. The Planning Commission may have representation at the public hearing held by the Borough Council on such application.
C.
Conditions. The Borough Council, in passing upon conditional use applications, may attach conditions considered necessary to protect the public welfare and the Comprehensive Plan, including conditions which are more restrictive than those established for other uses in the same zone.
D.
General standards:
(1)
A conditional use may be granted when the Borough Council finds from a preponderance of the evidence produced at the hearing that:
(a)
The proposed use, including its nature, intensity and location, is in harmony with the orderly and appropriate development of the zone;
(b)
Adequate water supply, sewage disposal, storm drainage and fire and police protection are or can be provided for the use;
(c)
The use of adjacent land and buildings will not be discouraged and the value of adjacent land and buildings will not be impaired by the location, nature and height of buildings, walls and fences;
(d)
The use will have proper location with respect to existing or future streets giving access to it, and will not create traffic congestion or cause industrial or commercial traffic to use residential streets; and
(e)
The specific standards set forth for each particular use for which a conditional use may be granted have been met.
(2)
The applicant for a conditional use shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the Borough Council.
E.
Special standards. In addition to the general standards for all conditional use as contained in this section, the specific standards for particular uses as listed in Article VI must be met prior to the granting of a conditional use.
F.
Public hearing requirements and procedures:
(1)
Notice; conduct of meeting:
(a)
Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, to each property owner within 200 feet of the property involved and to any person who, at least two weeks prior to the scheduled public hearing, has made request for the same. The Borough Secretary, upon notification by the Secretary of the Borough Council, shall give written notice by personal delivery or by regular mail to said persons at their last known address at least 14 days, but not more than 30 days, prior to the date of the hearing, stating the time and place of the hearing and the particular nature of the matter to be considered at the hearing. If mailed, the notice shall be deemed to be given on the date mailed. In addition to the written notice provided herein, written notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
(b)
The Borough Council may prescribe reasonable fees with respect to hearings before the Borough Council. Fees for said hearings may include compensation of the Secretary and members of the Borough Council, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Borough Council, expenses for engineering, architectural or other technical consultants or expert witness costs.
(c)
The hearings shall be conducted by the Borough Council or the Borough Council may appoint any member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Borough Council; however, the appellant or the applicant, as the case may be, in addition to the Borough, may, prior to the decision of the hearing, waive the decision or findings by the Borough Council and accept the decision of the hearing officer as final.
(d)
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(e)
The Borough Council or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda, or other materials except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings with any party or his representative unless all parties are given an opportunity to be present.
(2)
Representation; statements:
(a)
Parties to the hearings shall be the Borough, any person affected by the application who has made timely appearance of record before the Borough Council, and any other person, including civic or community organizations permitted to appear by the Borough Council. The Borough Council shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Borough Council for that purpose.
(b)
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
(d)
The applicant or appellant must be given an opportunity for rebuttal.
(3)
Witnesses. The President or acting President of the Borough Council or the hearing officer presiding shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
(4)
Decision procedure:
(a)
The Borough Council or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Borough Council or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision of findings is final, the Borough Council shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Borough Council prior to final decision or entry of findings, and the Borough Council's decision shall be entered no later than 30 days after the report of the hearing officer. Where the Borough Council fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date the appeal or application is filed with the Borough, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection A of this section. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(b)
A copy of the final decision or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Borough Council not later than the last day of the hearing, the Borough Council shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
(c)
Whenever the Borough Council imposes a condition or conditions with respect to the granting of an application or appeal, this condition must be stated in the order of the Borough Council and in the permit issued pursuant to the order by the Zoning Officer. This permit remains valid only as long as the conditions or conditions upon which it was granted or the conditions imposed by this chapter are adhered to.
(5)
Records. The Borough Council or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Borough Council. The cost of the original transcript shall be paid by the Borough Council if the transcript is ordered by the Borough Council or hearing officer, or shall be paid by the person appealing from the decision of the Borough Council if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.
§ 198-88 Amendments.
A.
The Borough Council 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 Borough Council shall hold a public hearing thereon, pursuant to public notice. In the case of an amendment other than that prepared by the Borough Planning Commission, the Borough Council shall submit each such amendment to the Borough 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 Borough Council 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 Borough Council, the Borough shall submit the proposed amendment to the York County Planning Commission for recommendations.
D.
Amendments involving Zoning Map changes. If the proposed amendment involves a Zoning Map change, notice of the required public hearing shall be conspicuously posted by the Borough along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
E.
Enactment of amendments:
(1)
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, a reference to a place within the Borough where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Borough Council shall publish the proposed amendment once in one newspaper of general circulation in the Borough not 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 Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not advertised, then:
(a)
A copy thereof shall be supplied to the newspaper in general circulation in the Borough at the time the public notice is published; and
(b)
An attested copy of the proposed ordinance shall be filed in the County Law Library or other county offices designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing the ordinance.
(2)
In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Borough shall, at least 10 days prior to enactment, readvertise in one newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
(3)
Within 30 days after enactment of any amendment to this chapter, a copy of the amendment shall be forwarded to the 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 Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided for, and in accordance with the procedures set forth in, Section 609.1 of the Pennsylvania Municipalities Planning Code, as reenacted and amended.[1]
[1]
Editor's Note: See 53 P.S. § 10609.1.
G.
Municipal curative amendments. If the Borough determines that this chapter or any portion thereof is substantially invalid, the Borough shall declare by form action, this chapter 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 reenacted and amended.[2]
[2]
Editor's Note: See 53 P.S. § 10609.2.
§ 198-89 Fees.
The Borough Council shall by resolution establish fees for all applications, permits, or appeals provided for by this chapter to defray the costs of advertising; mailing notices; and processing, inspecting and copying applications, permits and use certificates. The fee schedule shall be available at the Borough office for inspection.
§ 198-90 Appeals.
Any person aggrieved or affected by provision of this chapter or decision of the Zoning Officer, Borough Engineer, Zoning Hearing Board or Borough Council may appeal in the manner set forth in either Article IX or X-A of the Pennsylvania Municipalities Planning Code, as reenacted and amended, whichever is applicable.
§ 198-91 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 that those of this chapter, the provisions of such statute, ordinance or regulation shall prevail.
§ 198-92 Causes of action.
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 Borough Council or, with approval of the Borough Council, an officer of the Borough, or any aggrieved owner or tenant of real property shows that his property or person will be substantially affected by the alleged violation, in addition to any other remedies or proceedings, 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 Borough Council at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough. No such action may be maintained until such notice has been given.
§ 198-93 Enforcement remedies.
A.
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 Magisterial District Judge. 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 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 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 Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation.
B.
All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Borough.