Limerick Township City Zoning Code
ARTICLE III
Administration
§ 184-11 Intent.
In expansion of and in addition to the declaration of legislative intent and statement of community development objectives found in Article I, §§ 184-2 and 184-3, of this chapter, it is the intent of this article to provide specific duties and responsibilities for the Zoning Officer in the issuance of building and occupancy permits and the procedures for obtaining the same, as contained in this article.
§ 184-12 Appointment, qualifications and compensation of Zoning Officer; reports.
A.
The provisions of this chapter shall be administered and enforced by a Zoning Officer.
B.
The Board of Supervisors shall annually appoint to a one-year term a Zoning Officer, who shall meet qualifications established by the Supervisors and demonstrate a working knowledge of municipal zoning. The Zoning Officer may succeed himself.
C.
The Zoning Officer shall receive compensation as determined by resolution of the Board of Supervisors.
D.
The Zoning Officer shall make reports to the Board of Supervisors as it may require.
E.
One or more Assistant Zoning Officers may be appointed who may carry out the same duties as the Zoning Officer.
[Added 6-2-1998 by Ord. No. 196]
§ 184-13 Responsibilities of Zoning Officer.
The Zoning Officer shall have the authority to perform the following responsibilities:
A.
Receive all applications for building permits and zoning use permits.
[Amended 8-15-2017 by Ord. No. 379]
C.
Review these applications for compliance with the literal terms of this chapter, all other applicable ordinances and the laws and regulations of the Commonwealth of Pennsylvania which are relevant to the subject and intent of this chapter.
D.
Issue permits only in response to those applications which are in compliance with this chapter, all other applicable ordinances and the laws and regulations of the Commonwealth of Pennsylvania which are relevant to the subject and intent of this chapter.
(1)
When the Zoning Hearing Board grants a special exception or variance, the application shall be considered in compliance with this chapter for the purpose of issuing permits; the Zoning Hearing Board action shall be made a part of the public record of these applications.
(2)
The Zoning Officer shall issue permits in regard to such applications only upon receipt of written evidence from the Zoning Hearing Board attesting to the granting of the special exception or variance.
E.
Enlist the assistance of other municipal agents and agencies in performing these responsibilities.
F.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
G.
Make written orders requiring compliance with the provisions of this chapter to be served personally or by certified mail.
H.
Institute proceedings in courts of proper jurisdiction for the enforcement of provisions of this chapter, at the direction of the Board of Supervisors.
I.
Have available a map showing the current zoning classification of all land.
J.
Maintain a record of the identity, location and type of uses assigned nonconforming status, as well as documentation of the evidence and reasoning that led to the assignment of nonconforming status.
K.
Participate in proceedings before the Zoning Hearing Board, either at the request of the Board of Supervisors as a representative of the Township or at the request of the Zoning Hearing Board as a sworn witness presenting fact and information.
L.
Review all building (UCC) permits for compliance with the Zoning Ordinance of Limerick Township and all other applicable UCC codes.
[Added 8-15-2017 by Ord. No. 379]
§ 184-14 Permits required.
B.
A zoning use permit shall be required prior to any of the following:
[Amended 6-2-1998 by Ord. No. 196; 8-15-2017 by Ord. No. 379]
(1)
Occupancy of any new construction or any alteration or addition to an existing structure when a building (UCC) permit is not required. No fees shall be charged for farm buildings constructed or altered for the purposes limited to agricultural use of the tract. However, zoning use permits shall still be required for farm buildings.
(2)
Change in use of any building or structure, whether or not the change involves physical alteration to the building or structure.
(3)
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a zoning use permit.
(4)
Change in use of a nonconforming use.
(5)
Change in occupancy in any nonresidential establishment. All new occupants of buildings shall be required to apply for and obtain a zoning use permit.
(6)
(Reserved)
(7)
Development of one or more new vehicle parking spaces.
(8)
Development of any new or expanded outdoor commercial sales or display area.
(9)
Change in ownership of any nonresidential establishment.
C.
It shall be a violation of this chapter for any person to use or occupy any building, structure or land until a zoning use permit has been duly issued.
[Amended 8-15-2017 by Ord. No. 379]
D.
Before final approval of any zoning application, satisfactory evidence of the approval of the Pennsylvania Department of Labor and Industry, other than for one- and two-family dwellings, shall be produced.
§ 184-15 Zoning use permits.
[Amended 8-15-2017 by Ord. No. 379]
A.
Applications for zoning use permits shall be made, in writing, by the owner or tenant or authorized agent and shall be filed with the Zoning Officer on forms prescribed by him. The Zoning Officer shall require with the application some or all of the following, depending whether the permit is for alteration or development of a previously undeveloped property:
(1)
A statement as to the proposed use of the building.
(2)
A plan, drawn to scale, showing the location of the building in relation to property and right-of-way lines.
(3)
A statement that the property and right-of-way lines shown on the plan have been located and staked on the premises by a surveyor or other person competent to give such location.
(4)
The name and address of the person who has so located and staked the lines.
(5)
A copy of the decision of the Zoning Hearing Board granting any special exception or variance required for the proposed use or building.
B.
Upon completion of the erection, addition to or alteration of any building, structure or portion thereof authorized by any building permit obtained in compliance with this chapter, and prior to occupancy or other activity regulated by this chapter, the holder of such permit shall notify the Zoning Officer of such completion. Occupancy or other activity regulated by this chapter shall not be authorized until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with this and other applicable ordinances and the permit fee has been paid.
C.
Pending completion of a building or alterations thereto, a temporary zoning use permit may be issued with limits and conditions as established by the Zoning Officer for a temporary occupancy of a part or all of a building, provided that such temporary occupancy of a part or all of a building would not tend in any way to jeopardize life or property.
D.
Issuance of a zoning use permit or temporary zoning use permit shall in no way be construed to warrant in any way the workmanship, safety or quality of the structure or building materials used to construct the said structure or alterations thereto.
§ 184-16 Issuance or refusal of permits.
[Amended 6-2-1998 by Ord. No. 196]
If the Zoning Officer determines that an application is in compliance with the provisions of this chapter, it shall be his/her duty to issue the appropriate permit; and if he/she determines that an application is not in compliance with the provisions of this chapter, it shall be his/her duty to refuse the permit, in which case he/she shall instruct the applicant in the method as hereinafter set forth of appeal or application to the Zoning Hearing Board.
§ 184-17 Appeals.
[Amended 6-2-1998 by Ord. No. 196]
Any appeal from a determination of the Zoning Officer that is adverse to the landowner/applicant shall be filed by the landowner/applicant within 30 days after notice of the determination is issued. Any appeal from a decision of the Zoning Officer shall comply with Section 914.1 of the Pennsylvania Municipalities Planning Code, which is hereby included by reference, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10914.1.
§ 184-18 Expiration of permits.
[Amended 6-2-1998 by Ord. No. 196]
A.
A Township zoning and construction permit shall be applied for within 12 months after a variance or special exception is approved. Otherwise, such approval shall expire.
B.
Any applicable Township zoning use permit shall expire 12 months after the date of issuance, unless the permittee has commenced substantial construction or use of the property in a manner authorized by the permit.
[Amended 8-15-2017 by Ord. No. 379]
C.
(1)
So stated as part of a conditional use or special exception approval decision (such as for a development involving numerous phases over many years);
(2)
So stated in writing by the Zoning Officer, up to 12 additional months, if the Zoning Officer determines the applicant has shown good cause in writing; or
(3)
A related subdivision or land development plan is actively under consideration by the Township, in which case the time limits shall apply from the date of final plan approval by the Township.
§ 184-19 Permit fees.
[Amended 8-15-2017 by Ord. No. 379]
The applicant for a building permit or zoning use permit shall, at the time of making application, pay to the Township a fee in accordance with a fee schedule adopted by resolution of the Board of Supervisors.[1]
[1]
Editor's Note: The Fee Schedule is on file in the Township offices.
§ 184-20 Exemption from permit requirements.
[Amended 6-2-1998 by Ord. No. 196]
A.
In accordance with Section 619 of the Pennsylvania Municipalities Planning Code, as amended,[1] the provisions of this chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the Township have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.
[1]
Editor's Note: See 53 P.S. § 10619.
B.
This chapter shall not regulate uses or structures owned by Limerick Township that serve a legitimate public purpose.