1.   Zoning/Use Permits. Where required by the Lewisberry Borough Zoning/Use Permit Ordinance [Chapter 5, Part 2] for the erection, enlargement, repair, alteration, moving or demolition of any structure, a zoning/use permit must be obtained from the Zoning Officer. A zoning/use permit expires 1 year from the date of issuance 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: [Ord. 2007-2]

      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.

      E.   For lots less than ½ acre, the site plan must be at the scale of 1 inch = 20 feet; for larger lots, the site plan must be at scale of 1 inch = 40 feet. The north point must be shown on all site plans.

   2.   Use Certificates. A use certificate, certifying compliance with this Chapter must be obtained from the Zoning Officer for any new structure as below or for any change of use of a structure or land as set forth below before such new structure or use or change of use is occupied or established:

      A.   Use of a structure erected, structurally altered or extended, or moved after June 6, 1988.

      B.   Use of vacant land except for agricultural purposes.

      C.   Any change in a conforming use of a structure or land.

      D.   Any change from a nonconforming use of a structure or land to a conforming use.

      E.   Any change in the use of a structure or land from that permitted by any variance of the Zoning Hearing Board.

   3.   The applications for a use certificate must include a statement of the intended use and any existing use of the structure or land. The certificate continues in effect as long as the use of the structure or land for which it is granted conforms with this Chapter.

(Ord. 6/6/1988, §701; as amended by Ord. 2007-2, 12/17/2007)

   A zoning/use permit or other permit or authorization issued or approved in violation of the provisions of this Chapter, is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such a permit or other authorization is unlawful. No action may be taken by a board, agency, or employee of the Borough purporting to validate such a violation.

(Ord. 6/6/1988, §702; as amended by Ord. 2007-2, 12/17/2007)

   1.   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 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 zoning/use permits, use certificates, and at direction of the Zoning Hearing Board, special exceptions and variances. The Zoning Officer shall identify and register nonconforming uses and nonconforming structures. The Zoning Officer may conduct inspections and surveys to determine compliance or noncompliance with the terms of this Chapter with consent of the owner. [Ord. 2007-2]

   2.   Forms. The Zoning Officer must provide a form or forms prepared by the Borough Solicitor for:

      A.   Zoning/Use permits. [Ord. 2007-2]

      B.   Special exceptions.

      C.   Use certificates.

      D.   Appeals.

      E.   Variances.

      F.   Registration of nonconforming uses and nonconforming structures.

   3.   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.

   4.   Action on Zoning/Use Permits. Within 15 days, except for holidays, after receipt of an application for a zoning/use permit, the Zoning Officer must grant or refuse the permit. If the application conforms to the applicable requirements of the Zoning/Use Permit Ordinance [Chapter 5, Part 2] 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. [Ord. 2007-2]

   5.   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 his refusal.

   6.   Enforcement. Upon determining that a violation of any of the provisions of this Chapter exists, the Zoning Officer must serve notice on the person committing or permitting the same that a violation of this Chapter exists. Following the notice, he must take the action necessary to terminate the violation, including recourse to a court of record.

   7.   Records. The Zoning Officer must keep record of:

      A.   All applications for zoning/use permits, use certificates, special exceptions and variances and all actions taken on them, together with any conditions imposed by the Zoning Hearing Board. [Ord. 2007-2]

      B.   All complaints of violations of provisions of this Chapter and the action taken on them.

      C.   All plans submitted.

      D.   Nonconforming uses and nonconforming structures.

      E.   All such records and plans shall be available for public inspection.

   8.   Reports. At intervals of not greater than 6 months, the Zoning Officer must report to the Borough Council:

      A.   The number of zoning/use permits and use certificates issued. [Ord. 2007- 2]

      B.   The number of complaints of violations received and the action taken on these complaints.

(Ord. 6/6/1988, §703; as amended by Ord. 2007-2, 12/17/2007)

   The regulations embodied in this Chapter are the minimum standards for the protection of the public welfare. When special circumstances warrant, the Borough may impose stricter standards.

(Ord. 6/6/1988, §704)

   1.   The Borough Council may from time to time amend, supplement or repeal any of the regulations and provisions of this Chapter.

   2.   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 Planning Commission, the Borough 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 an 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 Borough Council shall hold another public hearing, pursuant to public notice before proceeding to vote on the amendment. At least 30 days prior to the hearing on the amendment by the Borough Council, the Borough Planning Commission shall submit the proposed amendment to the County Planning Commission for recommendations.

   3.   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 in § 1004 of the Pennsylva nia Municipalities Planning Code, 53 P.S. § 11004, as amended.

(Ord. 6/6/1988, §705)

   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, processing, inspecting, and copying applications, permits, and use certificates. The fee schedule shall be available from the Zoning Officer or Borough Secretary for inspection.

(Ord. 6/6/1988, §706)

   Any person aggrieved or affected by provision of this Chapter or decision of the Zoning Officer, may appeal in the manner set forth in Article X-A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 11001-A et seq., as amended.

(Ord. 6/6/1988, §707; as amended by Ord. 2007-2, 12/17/2007)

   All ordinances or parts of ordinances in conflict with this Chapter or inconsistent with the provisions of this Chapter are hereby repealed to the extent necessary to give this Chapter full force and effect.

(Ord. 6/6/1988, §708)

   The provisions of this Chapter shall be held to be minimum requirements to meet the purposes of this Chapter. When provisions of this Chapter impose greater restrictions than those of any statute, other ordinance, or regulations, the provisions of this Chapter shall prevail. When provisions of any statute, other ordinance or regulation impose greater restrictions than those of this Chapter, the provisions of such statute, ordinance or regulation shall prevail.

(Ord. 6/6/1988, §709)

   1.   In case any building, structure, 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, in addition to other remedies, may institute in the name of the Borough any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.

   2.   All penalties collected for the violation of this Chapter shall be paid over to the Borough.

(Ord. 6/6/1988, §710)

   If any Section, clause, provision or portion of this Chapter shall be held invalid or unconstitutional by a recognized court of the Commonwealth, such decision shall not affect the legality of the remaining Sections, clauses, provisions or portions of this Chapter.

(Ord. 6/6/1988, §711)

   This Chapter shall take effect immediately upon adoption and publication according to law.

(Ord. 6/6/1988, §712)

   1.   If it appears to the Borough that a violation of this Chapter has occurred, the Borough 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 and to any other person requested in writing by the owner of record.

   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 Borough 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 this Chapter.

      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 a period of 10 days.

      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.

(Ord. 6/6/1988; as added by Ord. 2007-2, 12/17/2007)

   1.   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 less than $25 nor 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.

   2.   The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

   3.   Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this Section.

   4.   Magisterial district judges shall have initial jurisdiction over proceedings brought under this Section.

(Ord. 6/6/1988; as added by Ord. 2007-2, 12/17/2007)