Zoning use noted on building permits. A building permit shall be required prior to the erection, construction or alteration of any building, structure or any portion thereof, prior to the moving of a building into the City, from one place in the City to another, prior to the change in use of a building or land, and prior to the change or expansion of nonconforming use. Zoning use shall be noted on the building permit, and this permit shall also be deemed to be the zoning use permit.

Time limitation.

Building permit required. No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor issued by the Zoning Officer. No building permit shall be issued by the Officer except in conformity with the provisions of this Code of Ordinances of the City of Latrobe, unless the Officer receives a written order from the Zoning Hearing Board or from Council in the form of an administrative review, special exception, conditional use or variance as provided by this chapter.

Application for building permit. All applications for building permits shall be accompanied by plans drawn to scale, showing the actual dimensions and shape of the lot or buildings already existing, if any, and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Zoning Officer, including existing or proposed buildings or alterations; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot, and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this Zoning Chapter, and any other applicable ordinance of the City of Latrobe.

Notice of start work. The Zoning Officer shall be given at least 24 hours' notice by the owner or applicant prior to commencement of work at the site under zoning or building permits.

Occupancy permits.

Application for permits. Application for permits shall be made in writing to the Zoning Officer.

Fees will be charged according to the rates set forth in the fee schedule in § 166-69.

Administration. The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer. The Zoning Officer shall administer the Zoning 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 the Zoning Chapter.

Duties. The duties of the Zoning Officer shall be:

Appeals. Any appeal from a determination of the Zoning Officer shall be made directly to the Zoning Hearing Board.

Notification of violation. If it appears to the Zoning Officer that a violation of the Zoning Chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending 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. The enforcement notice shall state at least the following:

Causes of action. Council, an officer of the City with express permission of Council, 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 violation. The Zoning Officer shall respond to the complaint with a notice outlining the steps that will be taken within 10 working days after the receipt of the complaint.

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of the zoning ordinance enacted under this act or prior enabling laws shall, upon being found liable therefore in a civil enforcement proceeding commenced by the City, pay a judgment of not more than $600 plus all court costs, including reasonable attorney fees incurred by the City 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 City 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's determination 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 attorney fees collected for the violation of the Zoning Chapter shall be paid over to the City.

In addition to above, the Zoning Officer may issue a cease-and-desist order. Failure to comply with the cease-and-desist order may, in addition to the remedy set forth above, result in the City seeking appropriate injunctive relief before a court of appropriate jurisdiction.

Creation. A Zoning Hearing Board is hereby established and created. The Members of the Board shall be appointed by the Council of the City of Latrobe and shall consist of five members. The term of office of each member shall be for a period of five years. The term of office for the two members initially appointed for the new positions created hereby shall be as follows: One new member shall be appointed for a term of two years. Thereafter, all members, and their successors, shall be appointed for a term of five years. Appointments to fill vacancies during a term shall be only for the unexpired portion of the term.

Alternates to Zoning Hearing Board. The Council of the City of Latrobe may, from time to time, appoint at least one but no more than three residents of the City of Latrobe to serve as alternate members of the Latrobe Zoning Hearing Board. It shall be within the discretion of Latrobe City Council to determine how many positions of alternates shall be needed and required at any given time. The term of office of an alternate member shall be three years. It is the intent of this provision that if more than one alternate is appointed, the initial term(s) shall be staggered so that subsequent reappointments for a three-year term shall also be staggered. When seated pursuant to the provisions of Subsection C as set forth below, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by Law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have powers and duties as set forth in the Pennsylvania Municipalities Planning Code[1] and this section and as otherwise provided by law. Alternates shall hold no other office in the municipality of the City of Latrobe including membership on the Planning Commission and Zoning Officer and any other body or board by which appointment is made by the Mayor of the City and Latrobe City Council. Any alternate may participate in any proceedings or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to the provisions of Section 907 of the Pennsylvania Municipalities Planning Code unless designated as a voting alternate member pursuant to Subsection C below.

If by reason of absence or disqualification of a member, a quorum is not reached, the Chairman, or Acting Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates. If more than one alternate is appointed at the same time, the first alternate appointed shall have seniority over the second alternate appointed who shall have seniority over the third alternate appointed.

Each member of the Board shall be required to provide at least seven days' notice to the Zoning Officer of any absence from a scheduled meeting. The purpose of this seven-day notice it required for the Zoning Officer to determine if a quorum will be present and to make provisions for an alternate if needed. Any notice given less than seven days prior to the scheduled meeting must be by reason of an unknown emergency to the member. If a member shall fail to give the required seven-day notice without the existence of an emergency or, if a member of the Board shall be absent for one-third or more of the scheduled meetings during any calendar year for any reason, then and in that event the following shall apply:

Administrative review. The Zoning Hearing Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this Zoning Chapter.

Special exceptions.

Variances. The Zoning Hearing Board shall authorize upon appeal in specific cases such variance from the terms of this Zoning Chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board unless:

Reversing decisions of Zoning Officer.

Initiating action before the Board. All action before the Board shall be initiated by a written application for hearing which shall be filed with the Zoning Officer at least 21 days prior to the meeting at which the matter is to be heard. All applications shall be made on forms specified by the Zoning Officer. No application shall be accepted unless the same shall be fully and legibly completed and unless the applicant has standing, all exhibits and supplemental material required by the application shall be attached and all fees required shall have been paid.

Time limitations.

Hearings.

Information required on appeals to the Board. All appeals from a decision of the Zoning Officer and applications to the Board shall be in writing on forms prescribed by the Board. Every appeal or application shall include the following:

Establishment of Fee Schedule. The City Council shall, by action as required by law, establish a schedule of fees, charges and expenses and a collection procedure for building permits, appeals to the Zoning Hearing Board and other matters pertaining to this Zoning Chapter. The schedule of fees shall be posted in the office of the Zoning Officer and may be altered or amended only by the City Council.[1]

Until all applicable fees, charges and expenses have been paid in full, no applicant shall have standing and no action shall be taken on any application or appeal. Further, no application shall be valid to toll the running of any time period until the applicant has standing and all appropriate fees have been paid.

The regulations, restrictions and boundaries set forth in this Zoning Chapter may from time to time be amended, supplemented, changed or repealed; provided, however, that no such action may be taken until after a public hearing in relation thereto by the City Council, at which time interested parties and residents shall have an opportunity to be heard. At least 14 days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City at least once in each of two successive weeks.

If the amendment is initiated by any parties other than the Planning Commission, the City Council shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission the opportunity to submit recommendations. If after any public hearing held upon an amendment, the proposed amendment is revised or further revised, to include land previously not affected by it, the City Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

An application for a conditional use shall be on a form, and in the manner, prescribed by the Zoning Officer.

The application shall be presented to Council for final action within 60 days of receipt by the Zoning Officer of a fully completed and signed application submitted by the owner (or a purchaser under a binding agreement of sale) of the subject property.

The sixty-day time period may be extended by consent of the applicant, either in writing or upon the record at any proceedings.

Failure by the City Council to timely act upon a properly submitted application for conditional use within the time period set forth above shall result in a deemed approval of the application.