Lancaster Township City Zoning Code
ARTICLE XVIII
Administration and Enforcement
§ 280-1800 Applicability.
The requirements and provisions of this Article XVIII shall apply to the administration and enforcement of this chapter.
§ 280-1801 Zoning Officer.
The provisions of this chapter shall be administered and enforced by a Zoning Officer, who shall be appointed by, and be responsible to, the Board of Supervisors. The Zoning Officer may be provided with the assistance of such persons as the Board of Supervisors may direct. The compensation of all employees shall be determined by the Board of Supervisors.
§ 280-1802 Duties and responsibilities of Zoning Officer.
The Zoning Officer shall have all the duties and powers conferred by this chapter and by all of the applicable laws of the Commonwealth of Pennsylvania. The Zoning Officer shall not issue a permit or certificate of use and occupancy in connection with any contemplated erection, construction, alteration, extension, replacement, demolition, relocation, conversion or use of any building, structure, sign or land unless it first conforms with the requirements of this chapter, all other ordinances of the Township of Lancaster, and with the laws of the Commonwealth of Pennsylvania.
A.
Application and permits. The Zoning Officer shall receive applications and issue zoning permits and/or certificates of use and occupancy for the erection, construction, alteration, extension, replacement, demolition, relocation, conversion and/or use and occupancy of any building, structure, sign, or land in the Township.
B.
Inspections. Before the issuance of any permit by the Zoning Officer, all buildings, structures, signs or land and portions thereof for which an application has been filed for the erection, construction, alteration, extension, replacement, demolition, relocation, conversion and/or use may be examined or caused to be examined. Thereafter, such inspections as are required by the Township during the construction of the work for which a permit has been issued may be made by the Township or its agent. Upon completion of such work and before issuing a certificate of use and occupancy, a final inspection shall be made; and all violations of approved plans or the zoning permit shall be noted; and the holder of the permit shall be notified of the discrepancies, which violations or discrepancies shall be rectified before a certificate of use and occupancy shall be issued.
C.
Complaints regarding violations. The Zoning Officer shall investigate alleged violations of this chapter when in receipt of a signed written complaint stating fully the cause and basis thereof. If a signed written complaint is received, said investigation shall be completed within 30 days of said complaint. A written report of all investigations of this chapter shall be prepared and filed by the Zoning Officer and a copy sent to the Board of Supervisors.
D.
Official records. It shall be the duty of the Zoning Officer to maintain and be responsible for all pertinent records on zoning matters in the Township. These records shall include, but not be limited to, all applications received, copies of all permits and certificates issued, copies of orders and findings of the Zoning Hearing Board, written complaints of alleged violations, records of all inspections made, a Zoning Map, and all other pertinent information. The records of the Zoning Officer shall be available for the use of the Township government and for inspection by any interested party during normal office hours. The Zoning Officer shall, at least annually, submit to the Board of Supervisors a written statement of all zoning permits and certificates of use and occupancy issued and violations and stop-work orders recommended or promulgated.
§ 280-1803 Permits.
A.
Requirements.
(1)
It shall be unlawful to commence the excavation for or the erection, construction, alteration, extension, relocation, conversion or use and occupancy of any building, structure, sign, fence, wall, parking compound, driveway, access drive, or land, including an accessory building or sign, or to commence the moving, demolition or alteration of any building, structure, sign, fence, wall, parking compound, driveway, access drive, or land, including an accessory building or sign, until the Zoning Officer has issued a zoning permit for such work; provided, however, that no zoning permit shall be required for any such construction or alteration, the fair market value of which is less than $500 and which would not change the use classification, provided that a zoning permit shall always be required for any excavation or construction work on, through or within a Township road or right-of-way.
(2)
Any excavation for or construction or erection of any building, structure, sign, fence, wall, parking compound, driveway, access drive, or land, including an accessory building or sign, or the commencement of any moving or alteration of any building, structure, sign, fence, wall, parking compound, driveway, access drive, or land, including any accessory building or sign, shall comply with all other provisions of this chapter and any other local, state or federal regulations, ordinances, and laws.
(3)
No zoning permit shall be required for repairs to, and maintenance of, any building, structure, sign or land, provided that such repairs do not change the use, alter the exterior dimensions of the building, structure or sign, or otherwise violate the provisions of this chapter or other ordinances of the Township.
(4)
No zoning permit for the erection, construction, alteration, extension, relocation, conversion or use and any occupancy of any building, structure or land shall be issued until the developer or landowner has submitted a certification, executed by a professional licensed to perform such duties in the Commonwealth of Pennsylvania, that all stormwater management facilities and related improvements have been completed in accordance with Township specifications and in accordance with the plan or plans approved by the Board of Supervisors pursuant to the applicable ordinances of the Township of Lancaster.
B.
Form of application. The application for a zoning permit shall be submitted in such form as the Zoning Officer may prescribe and shall be accompanied by the required fee as prescribed. Application for a zoning permit shall be made by the landowner or developer. The full names, addresses and phone numbers of the landowner or developer, and of the responsible officers, if the landowner or developer is a corporate body, shall be stated in the application.
C.
Description of work. The application shall contain a general description of proposed work and use and occupancy of all parts of the building, structure or sign and such additional information as may be required by the Zoning Officer. The application for the zoning permit shall be accompanied by a plot plan of the proposed building, structure, or sign, drawn to scale, with sufficient clarity to show the nature and character of the work to be performed, including parking and loading facilities, if required, location of new and existing construction, and the distances of the same from the existing lot lines and street right-of-way lines.
D.
Time limit for application. An application for a zoning permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless during that six-month period, a zoning permit shall have been issued, provided that reasonable extensions of time for additional periods not exceeding 90 days each may be granted at the discretion of the Zoning Officer.
E.
Issuance of permit. Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent laws, he shall reject such application in writing, stating the reasons therefor. The Zoning Officer shall inform the applicant of the right of appeal to the Zoning Hearing Board in the event such application is rejected. If satisfied that the proposed work or use conforms to the provisions of this chapter and all other pertinent laws and ordinances and that the certificate of use and occupancy as required herein has been properly applied for, the Zoning Officer shall issue a zoning permit therefor, generally within 30 days but in any case within 90 days.
F.
Expiration of permit. The zoning permit shall expire one year from the date of issuance; provided, that the zoning permit may be extended by the Zoning Officer upon reasonable cause shown and at his discretion for one or two six-month periods not to exceed an additional one year.
G.
Revocation of permit. The Zoning Officer may revoke a zoning permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the zoning permit or approval was based, or for any other case set forth in this chapter.
H.
Posting of permit. A true copy of the zoning permit shall be kept on the site of operations and open to inspection by the Zoning Officer during the entire time of performance of the work and until the completion of same as defined in the application.
§ 280-1804 Conditions of permit.
A.
Payment of fees. No zoning permit shall be issued until the fees prescribed by the Board of Supervisors pursuant to resolution shall be paid to the Township. The payment of fees under this section shall not relieve the applicant or holder of said zoning permit from payment of other fees that may be required by this chapter or by any other ordinances or law.
B.
Compliance with this chapter. The zoning permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel or set aside any of the provisions of this chapter or any other ordinances or law.
C.
Compliance with permit and plot plan. All work or use shall conform to the approved application and plans for which the zoning permit has been issued as well as the approved plot plan.
§ 280-1805 Certificate of use and occupancy.
A.
When required.
(1)
It shall be unlawful to use or occupy any structure, building, permanent sign or land or portion thereof until a certificate of use and occupancy has been issued by the Zoning Officer. Such certificate shall be required whenever a zoning permit is required, as well as when there is a change in the use of any existing land, structure, or building.
(2)
A certificate of use and occupancy shall also be obtained before using or occupying any land, structure, or building or a portion thereof, after approval by the Zoning Hearing Board, for a special exception or a variance, or the grant of a conditional use.
(3)
Prior to issuing such certificate, the Zoning Officer shall be satisfied that all provisions of this chapter and all conditions of the Zoning Hearing Board's approval, as well as the requirements of other Township ordinances have been satisfied.
B.
Form of application. The application for a certificate of use and occupancy shall be in such form as the Zoning Officer may prescribe and shall be made at the same time as the application for a zoning permit is filed with the Zoning Officer.
C.
Description of use and occupancy. The application shall contain a description of the intended use and occupancy of any structure, building, sign or land or portion thereof for which a zoning permit is required herein.
D.
Action upon application. The Zoning Officer may make a discretionary inspection of any structure, building or sign within seven days after notification that the proposed work that was listed under the zoning permit has been completed. If the Zoning Officer is satisfied that the work is in conformity and compliance with the work listed in the issued permit and all other pertinent laws, the Zoning Officer shall issue a certificate of use and occupancy for the intended use listed in the approved application.
E.
Availability of certificate. The certificate of use and occupancy for nonconforming uses, or a true copy thereof, shall be kept available for inspection by the Zoning Officer at all times.
F.
Temporary certificate of use and occupancy. Upon request of the holder of a zoning permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a structure, building, or land or portion thereof before the entire work covered by the zoning permit shall have been completed, provided that such portion or portions may be used or occupied safely prior to full completion of the work without endangering life or public welfare. The Zoning Officer may also issue a temporary certificate of use and occupancy for such temporary uses as tents, trailers and buildings on construction sites, use of land for religious or other public or semipublic purposes and similar temporary use or occupancy. Such temporary certificates shall be for a period of time to be determined by the Zoning Officer; however, in no case for a period exceeding six months. The Zoning Officer may renew such temporary certificates for additional periods of time, which shall not exceed six months each.
§ 280-1806 Enforcement, penalty and remedy.
It shall be the duty of the Zoning Officer to enforce this chapter.
A.
Violation. The erection, construction, alteration, repair, demolition, extension, replacement, relocation, conversion, and/or use and/or occupancy of any building, structure, sign, fence, wall, parking compound, driveway, access drive, or land, or the change of use, area of use, percentage of use or displacement of the use of any building, structure, sign, fence, wall, parking compound, driveway, access drive, or land without first obtaining a zoning permit, when such permit is required by this chapter, or the use of any building, structure, sign, fence, wall, parking compound, driveway, access drive, or land without receipt of a certificate of use and occupancy, or the failure to comply with any other provisions of this chapter or any terms and conditions of any decisions by the Zoning Hearing Board, are hereby declared to be violations of this chapter of the Township.
B.
Enforcement notice.
(1)
If it appears to the Township that a violation of this chapter has occurred or is occurring, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
(2)
The enforcement notice shall be sent 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, to any other person requested in writing by the owner of record, and to any other person against whom the Township intends to take action. The enforcement notice shall be sent by first-class mail and certified mail/return receipt requested. Return of the signed return receipt card, or an unclaimed certified mailing combined with nonreturn of the enforcement sent by first-class mail, shall constitute a conclusive presumption that the enforcement notice recipient has been lawfully served.
(3)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against whom the Township intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation, with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance.
(d)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days of the date of the notice in accordance with procedures set forth in this chapter.
(f)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
C.
Causes of action. In case any building, structure, sign, fence, wall, parking compound, driveway, access drive, landscaping or land is, or is proposed to be, erected, constructed, altered, converted, maintained or used in violation of this chapter, the Township or, with the approval of the Township, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. Any such notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Township. No such action may be maintained until such notice has been given.
D.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated, is violating, or has permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, plus all court costs, including reasonable 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 timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Township.
(2)
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
E.
Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Township from instituting appropriate action to prevent unlawful erection or construction or to restrain, correct or abate a violation or to prevent illegal use or occupancy of any structure, building, sign, fence, parking compound, driveway, access drive, land or premises or to stop an illegal act, conduct business, use or occupancy of a structure, building, sign or land in and about any premises.