Kenhorst, PA Zoning Ordinance

No person shall erect, alter, convert, move or add to any building, structure or sign, or alter the use of any land or structure, until the Zoning Officer or the person or firm designated by Borough Council issues a zoning permit to the person/applicant for said change or construction. No zoning permit is required for normal maintenance and repairs.

A zoning permit for a permitted use may be issued by the Zoning Officer or the person or firm designated by Borough Council. A zoning permit for a use requiring a special exception or variance shall be issued by the Zoning Officer or the person or firm designated by Borough Council only upon the written order and consent of the Zoning Hearing Board after all hearing procedures.

An application for a special exception, variance, or for interpretation of any part or provisions of this chapter shall be made to the Zoning Hearing Board on forms which may be obtained from the Borough. Any uses permitted by right or by special exception are subject to any conditional uses to those applicable provisions which may apply to the use. Borough Council and the Planning Commission shall regulate all conditions specified under this chapter.

All applications shall be made in writing and shall be accompanied by three sets of plans indicating or illustrating the following information if applicable:

Actual dimensions and shape of the lot to be built upon prepared by a licensed surveyor or engineer.

The exact size and location on the lot of buildings, structures or signs existing and/or proposed extensions thereto prepared by a licensed surveyor or engineer.

(c)

The number of dwelling units, if applicable.

(d)

Parking spaces provided and/or loading facilities.

(e)

Statement indicating the existing or proposed use.

(f)

Height of structure, building or sign.

(g)

All other information necessary for such Zoning Officer and/or the person or firm designated by Borough Council to determine conformance with and provide for enforcement of this chapter.

(h)

A detailed scaled drawing of the signs showing intended location and stating how it shall be affixed.

(i)

A statement indicating the type of construction and the manner of installation for signs, together with the materials to be used.

(j)

A written agreement that the applicant is the owner of the premises on which the sign will be erected or that the applicant has obtained the consent of the owner or lessee of such premises to erect such sign.

(k)

A written agreement that the sign shall be erected according to the accompanying plans and specifications.

One copy of the plans shall be returned to the applicant by the Zoning Officer or the person or firm designated by Borough Council after he shall have marked such copies either as approval or disapproval and attested to the same by his signature on such copy. One copy of such plans shall be retained by the Zoning Officer or the person or firm designated by Borough Council for his permanent records and one copy shall be retained by Borough Council.

Approval or denial of the requested zoning permit shall be made not later than 30 days from the date of application. In denying a zoning application, the Zoning Officer or the person or firm designated by Borough Council shall inform the applicant of the reasons for denial and specify the provision(s) of this chapter which have not been satisfied. Applicants shall be informed of their rights of appeal and provided with all necessary information to pursue such appeals.

Zoning permits shall expire within six months from date of issuance, if the work described in any permit has not begun. If work described in any zoning permit has begun, said permit shall expire after one year, exclusive of any time required for administration and permitting, from date of issuance thereof, within which time said work shall be completed.

Certificate of use and occupancy.

A certificate of use and occupancy shall be required upon the completion of the work authorized. It shall be unlawful to use and/or occupy any structure, building and/or portions thereof in any manner until a certificate of use and occupancy has been issued by the Zoning Officer or the person or firm designated by Borough Council.

The application for certificate of use and occupancy shall be submitted on such form as the Zoning Officer or the person or firm designated by Borough Council may prescribe.

The Zoning Officer or the person or firm designated by Borough Council shall inspect any structure, building, sign and/or land or portions thereof and shall determine the conformity therewith. If satisfied that the completed work is in conformity with this chapter and with the work listed in the zoning permit, a certificate of use and occupancy shall be issued.

Certificate of use and occupancy shall be granted or refused, in writing, within 10 days from the date of application.

In zones in which performance standards are imposed, no certificate of occupancy shall become permanent until 30 days after the facility is fully operating and only after, upon reinspection by the Zoning Officer or the person or firm designated by Borough Council, it is determined that the facility is in compliance with all requirements. After said reinspection, the Zoning Officer or the person or firm designated by Borough Council shall notify the applicant that the facility is in full compliance with all performance standards and that the certificate of use and occupancy is permanent or that the facility does not comply and that the certificate of use and occupancy is still temporary. In no case shall a temporary certificate of use and occupancy extend 90 days past the date of reinspection.

Certificate of nonconforming use or structure.

The owner of the premises occupied by a lawful nonconforming use or structure may secure a certificate of nonconforming use or structure from the Zoning Officer or the person or firm designated by Borough Council.

Such certificate shall be authorized by the Zoning Officer or the person or firm designated by Borough Council and shall certify to the owner his right to continue such nonconforming use or structure.

§ 475-83 Zoning Officer.

Appointment.

For the purposes of this chapter, the term "Zoning Officer" shall refer to the designated person, agent, firm or official authorized by the Kenhorst Borough Council to administer and enforce this chapter.

The Zoning Officer, or the person or firm designated by Borough Council to perform the duties of the Zoning Officer, shall be appointed by Borough Council and shall not hold any elective office that conflicts with his or her normal duties.

The Zoning Officer or the person or firm designated by Borough Council shall continue to serve the Borough until such time as Borough Council declares otherwise.

Duties and powers. It shall be the duty of the Zoning Officer or the person or firm designated by Borough Council to enforce literally the provisions of this chapter, as amended, and shall have such duties and powers as are conferred by this chapter and as are reasonably implied for that purpose. The duties of the Zoning Officer or the person or firm designated by Borough Council shall include, but are not limited to, the following:

Receive applications for and issue zoning permits and sign permits as permitted by the terms of this chapter.

Keep an official record of all business and activities, including written complaints of a violation of any of the provisions of this chapter and of the action taken consequent to each such complaint. All such records shall be open to public inspection. File copies of all applications received, permits issued, reports and inspections made in connection with any structure, building, sign and/or land shall be retained as long as the structures, etc., remain in existence.

Make inspections as required to fulfill his duties. He shall have the right to enter any building or structure or enter upon any land at any reasonable hour in the course of his duties.

Issue permits for special exception uses, conditional uses and for variances only after such uses and/or buildings have been approved by the Zoning Hearing Board or Borough Council in accordance with the regulations of this chapter.

Be responsible for keeping this chapter and the Zoning Map up to date so as to include all amendments thereto.

Issue certificates of use and occupancy in accordance with the terms of this chapter.

Identify and register nonconforming uses, nonconforming structures and nonconforming signs.

Perform such other duties as may be required for the administration of this chapter.

Notice of violations. The Zoning Officer or the person or firm designated by Borough Council shall serve a notice of violation on any person, firm, corporation or partnership responsible for violating any of the provisions of this chapter, or in violation of a detailed statement or a plan approved thereunder. Notice of violation shall be in writing, indicating the nature of the violation and action necessary to correct same. If the notice of violation is not complied with, the Zoning Officer or the person or firm designated by Borough Council is hereby authorized to file a complaint with the Magisterial District Judge located closest to the site of the alleged violation.

§ 475-84 Zoning Hearing Board.

Creation and membership.

The Borough Council hereby creates a Zoning Hearing Board, herein referred to as the "Board," consisting of three residents of the Borough appointed by the Borough Council pursuant to the Pennsylvania Municipalities Planning Code, as amended,[1] who shall be appointed and serve and shall perform all the duties and have all the powers as prescribed by said code and this chapter.

Editor's Note: See 53 P.S. § 10101 et seq.

The Borough Council may appoint alternate members of the Board pursuant to the provisions of the code, as amended. The alternate members may serve as provided in the code.

Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the governing body which appointed the member, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

Organization.

The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board. The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in § 475-86.

The Board may make, alter and rescind rules and forms for its procedures, consistent with the ordinances of the Borough and laws of the state. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine.

All meetings of the Board shall be open to the public. The Board shall keep full public records of its business, which records shall be the property of the municipality, and shall submit a report of its activities to Borough Council once a year.

Expenditures and compensation. Within the limits of funds appropriated by Borough Council, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of Borough Council.

Procedures for application. The Board shall act in strict accordance with the procedures specified by the Pennsylvania Municipalities Planning Code, as amended, and as it may be amended, and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed, the grounds for any challenges to validity of this chapter, the use for which a special permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. In all cases, the Zoning Hearing Board shall request Borough Council and Planning Commission to review and comment on the application prior to rendering a decision.

§ 475-85 Functions of Zoning Hearing Board.

The Zoning Hearing Board shall have the functions authorized in the Pennsylvania Municipalities Planning Code, as amended.[1] The jurisdiction of the Zoning Hearing Board and the Borough Council, and the procedures to be followed by each, shall be as established in said code.

Editor's Note: See 53 P.S. § 10101 et seq.

Variances. The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. 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 and the Pennsylvania Municipalities Planning Code, as amended. The Board may, by rule, prescribe the form of application and may require preliminary application to the Zoning Officer or the person or firm designated by Borough Council. In all cases, the Zoning Hearing Board shall request Borough Council and Planning Commission to review and comment on the application prior to rendering a decision. The Board may grant a variance; provided that all the following findings are made where relevant in a given case:

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 condition and not circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.

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 this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

That such unnecessary hardship has not been created by the appellant.

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.

That the variance, as granted by the Board, is the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

The approval of a variance, if authorized by the Board, which anticipates construction or modification of a structure, creation of new or revised lot lines or dimensional standards for a property or structure situated thereon, shall be valid and remain in effect for a term of one year from the date of said approval and shall thereafter expire and be void, unless said construction, modification, new or revised lot lines or dimensional standards or change of use or occupancy be initiated within said one-year term or said term is expressly extended as part of the initial approval. In the event that the activity anticipated by the variance should not be initiated within one year of the approval or such additional term as may be expressed in the approval or should the activity which is the subject of the variance be discontinued, the premises or structure or structure situated thereon shall not thereafter be used, except in conformity with the regulations of the district in which it is located.

Until all fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

Special exceptions. The Board shall hear and decide, upon application, only such special exceptions which the Board, by the provisions of this chapter, is specifically authorized to issue. The granting of a special exception, when specifically authorized by the terms of this chapter, shall be subject to the following standards and criteria. The applicant for a special exception shall demonstrate, as a condition to approval of his application, compliance with these criteria and those criteria specified elsewhere in this chapter for the use in question. In all cases, the Zoning Hearing Board shall request Borough Council and Planning Commission to review and comment on the application prior to rendering a decision.

Such use shall be one which is specifically authorized as a special exception use in the zoning district wherein the applicant seeks a special exception.

Such special exceptions shall only be granted, subject to any applicable conditions and safeguards as required by this chapter.

Such use shall not adversely affect the character of the general neighborhood, the conservation of property values and/or the health and safety of residents or workers on adjacent properties and in the general neighborhood.

Such use shall be of such size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood.

Services and utilities shall be made available to adequately service the proposed use by the applicant.

The granting of the special exception shall be consistent with the Borough Comprehensive Plan.

The approval of a special exception, if authorized by the Board, which anticipates construction or modification of a structure, creation of new or revised lot lines or dimensional standards for a property or structure situated thereon, shall be valid and remain in effect for a term of one year from the date of said approval and shall thereafter expire and be void, unless said construction, modification, new or revised lot lines or dimensional standards or change of use or occupancy be initiated within said one-year term or said term is expressly extended as part of the initial approval.

In the event that the activity anticipated by the special exception should not be initiated within one year of the approval or such additional term as may be expressed in the approval or should the activity which is the subject of the special exception be discontinued, the premises or structure or structure situated thereon shall not thereafter be used, except in conformity with the regulations of the district in which it is located.

(9)

Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(10)

In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, as amended.[2]

Editor's Note: See 53 P.S. § 10101 et seq.

§ 475-86 Hearings.

Public notice, as defined by law, and written notice shall be given to the public, the applicant, adjoining property owners of the applicant property, the Zoning Officer or the person or firm designated by Borough Council and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board. In addition to the written notice provided herein, notice of said hearing shall be conspicuously posted on the affected tract of land at least seven days prior to the hearing.

Borough Council may prescribe reasonable fees consistent with the Municipalities Planning Code.[1]

Editor's Note: See 53 P.S. § 10101 et seq.

The first hearing before the Board or Hearing Officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or Hearing Officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or Hearing Officer shall assure that the applicant receives at least seven hours of hearings within 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.

The hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board; 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 decision or findings by the Board and accept the decision or findings of the hearing officer as final.

In all cases, the parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Board and any other person, including, civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

The Chairman or acting Chairman of the Board 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.

The parties shall have the right to be represented by counsel. All such representation shall be confirmed on the record and all statements presented on behalf of said party shall be binding for the purposes of administration and enforcement. All parties shall be afforded the opportunity to respond and present evidence and argument and cross examine adverse witnesses on all relevant issues.

Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

The Board 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 Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer, or shall be paid by the person appealing from the decision of the Board 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.

The Board 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 after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

The Board or the hearing officer shall render a written decision or, when no decision is called for, make written findings on the application in accordance with the requirements of the Municipalities Planning Code.[2]

Editor's Note: See 53 P.S. § 10101 et seq.

§ 475-87 Amendments.

Initiation of amendments. Proposals for amendment, supplement, change, rezoning, modification or repeal may be initiated by Borough Council on its own motion, by the Borough Planning Commission or by request of owners of property, subject to the following provisions:

Proposals initiated by Borough Council. Borough Council shall refer every proposed amendment, supplement, change, modification, rezoning or repeal originated by it to the Borough Planning Commission at least 30 days prior to the hearing on said proposal. The Planning Commission shall submit to the Council a report containing the Commission's recommendations, including any additions or modifications to the original proposal.

Proposal originated by the Borough Planning Commission. The Borough Planning Commission may at any time transmit to Borough Council any proposal for the amendment, supplement, change, rezoning, modification or repeal of this chapter.

Proposals initiated by others. In the case of amendment, supplement change, modification or rezoning proposed by other than Borough Council or Borough Planning Commission, such proposal shall be submitted to Borough Council, together with any application forms or fees as may be required by Borough Council. Such proposal shall be referred to the Borough Planning Commission for review and recommendation at least 30 days prior to the hearing on the proposal.

Referral to County Panning Agency. At least 30 days prior to the hearing on the proposed ordinance amendment, rezoning, modification, change, or supplement, Borough Council shall submit the proposal to the County Planning Agency for its recommendations.

Hearings.

Before voting on the enactment of an amendment, Borough Council shall hold a public hearing thereon pursuant to public notice. No such amendment shall become effective until such hearing, at which parties in interest and citizens shall have an opportunity to be heard.

If, after any public hearing held on an amendment, the proposed amendment is revised or further revised, to include land previously not affected by it, Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

Public notice, as defined in Act 247, as amended, shall be given of the time, place and the general nature of such hearing and shall be published in a newspaper of general circulation in the Borough. Public notices of proposed zoning ordinances and amendments shall include either the full text thereof or a brief summary setting forth the principal provisions in reasonable detail, and a reference to a place where copies of the proposed ordinance or amendment may be examined.

Post-enactment procedures.

After enactment, If the advertisement of a zoning ordinance amendment is required by other laws respecting the advertisement of ordinances, such advertisement may consist solely of a reference to the place or places within the Borough where copies of the amendment are available for examination without charge or may be obtained for a charge not greater than the cost thereof.

Amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly reported therein.

Within 30 day of enactment, the Borough shall forward an endorsed copy of the amendment to the Berks County Planning Commission.

§ 475-88 Curative amendments.

Procedure for landowner curative amendments.

A landowner who desires to challenge on substantive grounds the validity of this chapter which prohibits or restricts the use or development of land in which he has an interest, may submit a curative amendment to Borough Council 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 Code (Act 247, as amended).[1]

Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1.

Borough Council shall commence a hearing thereon within 60 days of the request unless the landowner requests or consents to an extension of time.

The curative amendment shall be referred to the Borough Planning Commission and County Planning Commission at least 30 days prior to the hearing to provide both agencies with an opportunity to submit recommendations.

The hearing shall be conducted in accordance with procedures established in Section 609.1 of Act 247, as amended.[2] Provided, however, that the deemed approval provisions of Section 908(1.2) and (9) shall not apply, and the provisions of Section 916.1 of the Municipalities Planning Code shall control.[3]

Editor's Note: See 53 P.S. § 10609.1.

[3]

Editor's Note: See 53 P.S. §§ 10908(1.2) and (9) and 10916.1.

Within 30 days of enactment of a curative amendment, the Borough shall forward an endorsed copy of the ordinance/amendment to the Berks County Planning Commission.

Procedure for municipal curative amendments.

Pursuant to Section 609.2 of Act 247, as amended,[4] the Borough, by formal action, may declare this chapter or portions thereof substantively invalid and propose the preparation of a curative amendment to overcome such invalidity. Within 30 days, Borough Council shall:

By resolution, make specific findings setting forth the declared invalidity of this chapter. This may include references to specific uses which are either not permitted or not permitted in sufficient quantity, reference to a class of uses which require revision or reference to the entire ordinance which requires revisions.

Begin to prepare and consider a curative amendment to correct the declared invalidity.

[4]

Editor's Note: See 53 P.S. § 10609.2.

Within 180 days from the date of the declaration and proposal, the Borough shall enact a curative amendment to this chapter or reaffirm the validity of this chapter. The established procedures required by Section 609 of Act 247, as amended,[5] shall govern the process of enactment of the curative amendment.

[5]

Editor's Note: See 53 P.S. § 10609.

Following the date of enactment of a curative amendment or reaffirmation of this chapter, the Borough may not utilize the curative amendment procedure for 36 months.

If, after the date of declaration and proposal there is a substantially new duty or obligation imposed on the Borough by statute or Pennsylvania appellate court decision, the Borough may utilize the provisions of this section to prepare a curative amendment to this chapter to fulfill said duty or obligation.

Within 30 days of enactment, the Borough shall forward an endorsed copy of the chapter/amendment to the Berks County Planning Commission.

§ 475-89 Conditional uses.

Four copies of an application for permission to conduct a use permitted by condition shall be submitted to the Borough Secretary. Such application shall include all information specified for a zoning permit application and any other information necessary to allow the Borough Council to determine that all requirements of this chapter have been met. The applicant shall be responsible for all pertinent costs incurred for the review of the application.

After receiving an application, Borough Council shall refer one copy of the application to the Borough Planning Commission for its review and one copy to the Borough Zoning Officer or the person or firm designated by Borough Council for his review.

The application shall be reviewed at one or more advertised meetings of the Borough Council.

Conditional uses shall meet the specific standard established for each use by this chapter and all other applicable zoning district requirements and general regulations established by this chapter. In addition, the following standards shall be met:

The use shall be one which is specifically authorized as a conditional use in the zoning district wherein the applicant is seeking a conditional use.

The use conforms to the goals, objectives and policies of the Comprehensive Plan.

The use conforms to the spirit, purposes and intent of all other applicable provisions of all other Borough ordinances.

The use conforms to all pertinent state and federal laws, regulations and requirements.

Services and utilities shall be made available to adequately service the proposed use.

The use will not generate traffic such that hazardous or unduly congested conditions will result.

The use is appropriate to the site in question.

The use shall not adversely affect the character of the general neighborhood or the health and safety of residents or workers on adjacent properties and in the general neighborhood.

In accordance with Section 913.2 of the Municipalities Planning Code (53 P.S. § 10913.2), Borough Council shall either approve or disapprove the application within 45 days after the last hearing before the Borough Council.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

The Borough Council may attach such additional reasonable conditions and safeguards as it deems necessary to implement the purpose of this chapter and the Pennsylvania Municipalities Planning Code, as amended.

The granting of permission to conduct a use permitted by condition does not exempt an applicant from acquiring all approvals required by Chapter 410, Subdivision and Land Development.

Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

The approval of a conditional use, if authorized by the Board, which anticipates construction or modification of a structure, creation of new or revised lot lines or dimensional standards for a property or structure situated thereon, shall be valid and remain in effect for a term of one year from the date of said approval and shall thereafter expire and be void, unless said construction, modification, new or revised lot lines or dimensional standards or change of use or occupancy be initiated within said one-year term or said term is expressly extended as part of the initial approval.

In the event that the activity anticipated by the conditional use should not be initiated within one year of the approval or such additional term as may be expressed in the approval, or should the activity which is the subject of the conditional use be discontinued, the premises or structure or structure situated thereon shall not thereafter be used, except in conformity with the regulations of the district in which it is located.

§ 475-90 Appeals.

All appeals for securing review of this chapter or any decision, determination or order of Borough Council, its agencies or officers issued pursuant to this chapter shall be in accordance with all applicable sections of Act 247, as amended.[1] Question of an alleged defect in the process of enactment or adoption of this chapter shall be raised by an appeal taken directly from the action of Borough Council to the court, filed not later than 30 days from the effective date of this chapter or map.

Editor's Note: See 53 P.S. § 10101 et seq.

§ 475-91 Time limitations.

No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate municipal officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan pursuant to Section 709 of the Municipalities Planning Code[1] or from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map pursuant to Section 916.2 of the Municipalities Planning Code[2] shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.

Editor's Note: See 53 P.S. § 10709.

Editor's Note: See 53 P.S. § 10916.2.

All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued.

§ 475-92 Filing fees and costs.

The Borough Council shall establish a schedule of fees, charges and expenses and collection procedures for zoning permits, certificates of occupancy, special exceptions, variances and appeals and other matters pertaining to this chapter.

The schedule of fees shall be available for inspection in the municipal offices for the Borough of Kenhorst and may be altered or amended by the Kenhorst Borough Council.

Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

§ 475-93 Remedies; violations and penalties.

Remedies. In case any buildings or structures are erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used, in violation of this chapter, the Borough Council or, with its approval, the Zoning Officer or the person or firm designated by Borough Council, in addition to other remedies, may institute in the name of the Borough any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. The rights and remedies provided in this chapter are cumulative and are in addition to all other remedies provided by law.

Penalties. Any person or persons violating any of the provisions of this article shall be punishable as provided in Chapter 1, Article I, Enforcement; General Penalty, of this Code.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Kenhorst City Zoning Code

ARTICLE VII

Administration and Enforcement

§ 475-81 General procedures.

If refused a permit by the Zoning Officer or the person or firm designated by Borough Council, the applicant may appeal to the Zoning Hearing Board for further consideration.

After the zoning permit has been received by the applicant, he may undertake the action permitted by the zoning permit.

Upon completion of such action, the applicant may apply to the Borough Zoning Officer or the person or firm designated by Borough Council for an occupancy permit (where such a permit is required).

§ 475-82 Permits and certificates.

Zoning permit.

All applications shall be made in writing and shall be accompanied by three sets of plans indicating or illustrating the following information if applicable:

Actual dimensions and shape of the lot to be built upon prepared by a licensed surveyor or engineer.

The exact size and location on the lot of buildings, structures or signs existing and/or proposed extensions thereto prepared by a licensed surveyor or engineer.

(c)

The number of dwelling units, if applicable.

(d)

Parking spaces provided and/or loading facilities.

(e)

Statement indicating the existing or proposed use.

(f)

Height of structure, building or sign.

(g)

All other information necessary for such Zoning Officer and/or the person or firm designated by Borough Council to determine conformance with and provide for enforcement of this chapter.

(h)

A detailed scaled drawing of the signs showing intended location and stating how it shall be affixed.

(i)

A statement indicating the type of construction and the manner of installation for signs, together with the materials to be used.

(j)

(k)

A written agreement that the sign shall be erected according to the accompanying plans and specifications.

Certificate of use and occupancy.

The application for certificate of use and occupancy shall be submitted on such form as the Zoning Officer or the person or firm designated by Borough Council may prescribe.

Certificate of use and occupancy shall be granted or refused, in writing, within 10 days from the date of application.

Certificate of nonconforming use or structure.

§ 475-83 Zoning Officer.

Appointment.

The Zoning Officer or the person or firm designated by Borough Council shall continue to serve the Borough until such time as Borough Council declares otherwise.

Receive applications for and issue zoning permits and sign permits as permitted by the terms of this chapter.

Make inspections as required to fulfill his duties. He shall have the right to enter any building or structure or enter upon any land at any reasonable hour in the course of his duties.

Be responsible for keeping this chapter and the Zoning Map up to date so as to include all amendments thereto.

Issue certificates of use and occupancy in accordance with the terms of this chapter.

Identify and register nonconforming uses, nonconforming structures and nonconforming signs.

Perform such other duties as may be required for the administration of this chapter.

§ 475-84 Zoning Hearing Board.

Creation and membership.

Editor's Note: See 53 P.S. § 10101 et seq.

The Borough Council may appoint alternate members of the Board pursuant to the provisions of the code, as amended. The alternate members may serve as provided in the code.

Organization.

§ 475-85 Functions of Zoning Hearing Board.

Editor's Note: See 53 P.S. § 10101 et seq.

That such unnecessary hardship has not been created by the appellant.

That the variance, as granted by the Board, is the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

Until all fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

Such use shall be one which is specifically authorized as a special exception use in the zoning district wherein the applicant seeks a special exception.

Such special exceptions shall only be granted, subject to any applicable conditions and safeguards as required by this chapter.

Services and utilities shall be made available to adequately service the proposed use by the applicant.

The granting of the special exception shall be consistent with the Borough Comprehensive Plan.

(9)

Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(10)

Editor's Note: See 53 P.S. § 10101 et seq.

§ 475-86 Hearings.

Borough Council may prescribe reasonable fees consistent with the Municipalities Planning Code.[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

Editor's Note: See 53 P.S. § 10101 et seq.

§ 475-87 Amendments.

Hearings.

Post-enactment procedures.

Amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly reported therein.

Within 30 day of enactment, the Borough shall forward an endorsed copy of the amendment to the Berks County Planning Commission.

§ 475-88 Curative amendments.

Procedure for landowner curative amendments.

Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1.

Borough Council shall commence a hearing thereon within 60 days of the request unless the landowner requests or consents to an extension of time.

Editor's Note: See 53 P.S. § 10609.1.

[3]

Editor's Note: See 53 P.S. §§ 10908(1.2) and (9) and 10916.1.

Within 30 days of enactment of a curative amendment, the Borough shall forward an endorsed copy of the ordinance/amendment to the Berks County Planning Commission.

Procedure for municipal curative amendments.

Begin to prepare and consider a curative amendment to correct the declared invalidity.

[4]

Editor's Note: See 53 P.S. § 10609.2.

[5]

Editor's Note: See 53 P.S. § 10609.

Following the date of enactment of a curative amendment or reaffirmation of this chapter, the Borough may not utilize the curative amendment procedure for 36 months.

Within 30 days of enactment, the Borough shall forward an endorsed copy of the chapter/amendment to the Berks County Planning Commission.

§ 475-89 Conditional uses.

The application shall be reviewed at one or more advertised meetings of the Borough Council.

The use shall be one which is specifically authorized as a conditional use in the zoning district wherein the applicant is seeking a conditional use.

The use conforms to the goals, objectives and policies of the Comprehensive Plan.

The use conforms to the spirit, purposes and intent of all other applicable provisions of all other Borough ordinances.

The use conforms to all pertinent state and federal laws, regulations and requirements.

Services and utilities shall be made available to adequately service the proposed use.

The use will not generate traffic such that hazardous or unduly congested conditions will result.

The use is appropriate to the site in question.

The use shall not adversely affect the character of the general neighborhood or the health and safety of residents or workers on adjacent properties and in the general neighborhood.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

The granting of permission to conduct a use permitted by condition does not exempt an applicant from acquiring all approvals required by Chapter 410, Subdivision and Land Development.

Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

§ 475-90 Appeals.

Editor's Note: See 53 P.S. § 10101 et seq.

§ 475-91 Time limitations.

Editor's Note: See 53 P.S. § 10709.

Editor's Note: See 53 P.S. § 10916.2.

All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued.

§ 475-92 Filing fees and costs.

The schedule of fees shall be available for inspection in the municipal offices for the Borough of Kenhorst and may be altered or amended by the Kenhorst Borough Council.

Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

§ 475-93 Remedies; violations and penalties.

Penalties. Any person or persons violating any of the provisions of this article shall be punishable as provided in Chapter 1, Article I, Enforcement; General Penalty, of this Code.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Kenhorst City Zoning Code

ARTICLE VII

Administration and Enforcement

§ 475-81 General procedures.

If refused a permit by the Zoning Officer or the person or firm designated by Borough Council, the applicant may appeal to the Zoning Hearing Board for further consideration.

After the zoning permit has been received by the applicant, he may undertake the action permitted by the zoning permit.

Upon completion of such action, the applicant may apply to the Borough Zoning Officer or the person or firm designated by Borough Council for an occupancy permit (where such a permit is required).

§ 475-82 Permits and certificates.

Zoning permit.

All applications shall be made in writing and shall be accompanied by three sets of plans indicating or illustrating the following information if applicable:

Actual dimensions and shape of the lot to be built upon prepared by a licensed surveyor or engineer.

The exact size and location on the lot of buildings, structures or signs existing and/or proposed extensions thereto prepared by a licensed surveyor or engineer.

(c)

The number of dwelling units, if applicable.

(d)

Parking spaces provided and/or loading facilities.

(e)

Statement indicating the existing or proposed use.

(f)

Height of structure, building or sign.

(g)

All other information necessary for such Zoning Officer and/or the person or firm designated by Borough Council to determine conformance with and provide for enforcement of this chapter.

(h)

A detailed scaled drawing of the signs showing intended location and stating how it shall be affixed.

(i)

A statement indicating the type of construction and the manner of installation for signs, together with the materials to be used.

(j)

(k)

A written agreement that the sign shall be erected according to the accompanying plans and specifications.

Certificate of use and occupancy.

The application for certificate of use and occupancy shall be submitted on such form as the Zoning Officer or the person or firm designated by Borough Council may prescribe.

Certificate of use and occupancy shall be granted or refused, in writing, within 10 days from the date of application.

Certificate of nonconforming use or structure.

§ 475-83 Zoning Officer.

Appointment.

The Zoning Officer or the person or firm designated by Borough Council shall continue to serve the Borough until such time as Borough Council declares otherwise.

Receive applications for and issue zoning permits and sign permits as permitted by the terms of this chapter.

Make inspections as required to fulfill his duties. He shall have the right to enter any building or structure or enter upon any land at any reasonable hour in the course of his duties.

Be responsible for keeping this chapter and the Zoning Map up to date so as to include all amendments thereto.

Issue certificates of use and occupancy in accordance with the terms of this chapter.

Identify and register nonconforming uses, nonconforming structures and nonconforming signs.

Perform such other duties as may be required for the administration of this chapter.

§ 475-84 Zoning Hearing Board.

Creation and membership.

Editor's Note: See 53 P.S. § 10101 et seq.

The Borough Council may appoint alternate members of the Board pursuant to the provisions of the code, as amended. The alternate members may serve as provided in the code.

Organization.

§ 475-85 Functions of Zoning Hearing Board.

Editor's Note: See 53 P.S. § 10101 et seq.

That such unnecessary hardship has not been created by the appellant.

That the variance, as granted by the Board, is the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

Until all fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

Such use shall be one which is specifically authorized as a special exception use in the zoning district wherein the applicant seeks a special exception.

Such special exceptions shall only be granted, subject to any applicable conditions and safeguards as required by this chapter.

Services and utilities shall be made available to adequately service the proposed use by the applicant.

The granting of the special exception shall be consistent with the Borough Comprehensive Plan.

(9)

Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(10)

Editor's Note: See 53 P.S. § 10101 et seq.

§ 475-86 Hearings.

Borough Council may prescribe reasonable fees consistent with the Municipalities Planning Code.[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

Editor's Note: See 53 P.S. § 10101 et seq.

§ 475-87 Amendments.

Hearings.

Post-enactment procedures.

Amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly reported therein.

Within 30 day of enactment, the Borough shall forward an endorsed copy of the amendment to the Berks County Planning Commission.

§ 475-88 Curative amendments.

Procedure for landowner curative amendments.

Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1.

Borough Council shall commence a hearing thereon within 60 days of the request unless the landowner requests or consents to an extension of time.

Editor's Note: See 53 P.S. § 10609.1.

[3]

Editor's Note: See 53 P.S. §§ 10908(1.2) and (9) and 10916.1.

Within 30 days of enactment of a curative amendment, the Borough shall forward an endorsed copy of the ordinance/amendment to the Berks County Planning Commission.

Procedure for municipal curative amendments.

Begin to prepare and consider a curative amendment to correct the declared invalidity.

[4]

Editor's Note: See 53 P.S. § 10609.2.

[5]

Editor's Note: See 53 P.S. § 10609.

Following the date of enactment of a curative amendment or reaffirmation of this chapter, the Borough may not utilize the curative amendment procedure for 36 months.

Within 30 days of enactment, the Borough shall forward an endorsed copy of the chapter/amendment to the Berks County Planning Commission.

§ 475-89 Conditional uses.

The application shall be reviewed at one or more advertised meetings of the Borough Council.

The use shall be one which is specifically authorized as a conditional use in the zoning district wherein the applicant is seeking a conditional use.

The use conforms to the goals, objectives and policies of the Comprehensive Plan.

The use conforms to the spirit, purposes and intent of all other applicable provisions of all other Borough ordinances.

The use conforms to all pertinent state and federal laws, regulations and requirements.

Services and utilities shall be made available to adequately service the proposed use.

The use will not generate traffic such that hazardous or unduly congested conditions will result.

The use is appropriate to the site in question.

The use shall not adversely affect the character of the general neighborhood or the health and safety of residents or workers on adjacent properties and in the general neighborhood.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

The granting of permission to conduct a use permitted by condition does not exempt an applicant from acquiring all approvals required by Chapter 410, Subdivision and Land Development.

Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

§ 475-90 Appeals.

Editor's Note: See 53 P.S. § 10101 et seq.

§ 475-91 Time limitations.

Editor's Note: See 53 P.S. § 10709.

Editor's Note: See 53 P.S. § 10916.2.

All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued.

§ 475-92 Filing fees and costs.

The schedule of fees shall be available for inspection in the municipal offices for the Borough of Kenhorst and may be altered or amended by the Kenhorst Borough Council.

Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

§ 475-93 Remedies; violations and penalties.

Penalties. Any person or persons violating any of the provisions of this article shall be punishable as provided in Chapter 1, Article I, Enforcement; General Penalty, of this Code.[1]