Littlestown City Zoning Code
ARTICLE VIII
Administrative Procedures
§ 500-33 Specific intent.
It is the purpose of these regulations to prescribe by which the administration of this chapter shall take place. Nothing contained within this article shall be interpreted as limiting the adoption of administrative regulations which do not supersede required stated procedures.
§ 500-34 Administration and enforcement.
A.
Administration. The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred on him by this chapter and who shall administer this chapter in conformance with its literal terms. The Zoning Officer shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
B.
Duties. The duties of the Zoning Officer shall be:
(1)
To examine all applications for permits;
(2)
To issue permits only for construction and uses which are in accordance with the regulations of this chapter and other applicable ordinances as may be subsequently amended;
(3)
To record and file all applications for permits with the accompanying plans;
(4)
To issue permits for uses by special exception only after such uses and buildings are approved by the Zoning Hearing Board in accordance with the regulations of this chapter;
(5)
To receive all required fees and issue all necessary stop orders;
(6)
To inspect nonconforming uses, buildings and signs, and to keep a filed record of such nonconforming uses and buildings as a public record, and to examine them periodically;
(7)
Upon the request of the Planning Commission or of the Zoning Hearing Board, present such body facts, records, and any similar information on specific requests to assist such body in reaching its decision; and
(8)
To be responsible for keeping up-to-date this Zoning Ordinance and accompanying Zoning District Map.
C.
Appeal. Any appeal from a decision or action of the Zoning Officer shall be made directly to the Zoning Hearing Board.
D.
Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Officer. He shall record promptly such complaint, immediately investigate, and take action thereon as provided by this chapter.
E.
Notification of violation. If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he shall notify in writing the persons responsible for such violation, indicating the nature of the violation and order the action necessary to correct it.
F.
Enforcement. This chapter shall be enforced by the designated Zoning Officer of the Borough of Littlestown. No permit of any kind as provided in this chapter shall be granted by him for any purpose except in compliance with the provisions of this chapter, or a decision of the Zoning Hearing Board or the courts.
G.
Enforcement remedies. 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 the approval of the Borough Council, the Zoning Officer, in addition to other remedies, may institute in the name of the municipality 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.
H.
Enforcement penalties.
(1)
Any person, partnership or corporation who or which shall violate the provisions of this Zoning Ordinance shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $500. In default of payment of the fine, such person, the members of such partnership, or the officers of such corporation shall be liable to imprisonment for not more than 60 days. All fines collected for the violation of zoning ordinances shall be paid over to the Borough.
(2)
Whenever such person has been officially notified by the Zoning Officer or by service of a summons in a prosecution or in any other official manner that he is committing a violation, after such notification shall constitute a separate offense punishable by a like fine or penalty.
§ 500-35 Permits.
A.
Requirements for zoning permits. A zoning 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 Borough, from one place in the Borough to another, prior to the change or extension of nonconforming use and shall be issued simultaneously with the required building permits.
B.
Application for permits. Application for permits shall be made in writing to the Zoning Officer on such forms as may be furnished by the Borough. Such application shall include building and plot plans of a satisfactory nature in duplicate, and shall contain all information necessary for such official to ascertain whether the proposed erections, alteration, use, or change in use complies with the provisions of this chapter. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work meets all the requirements of applicable codes and ordinances.
C.
Issuance of permits.
(1)
No zoning permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts.
(2)
Permits shall be granted or refused within 10 days after date of application. In case of refusal, the applicant shall be informed of his right to appeal to the Zoning Hearing Board.
D.
Expiration of permits. No permit for the erection, razing, change, alteration, or removal of buildings shall be valid or effective after six months from the date of issuance thereof and shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced within six months from the date of issuance and proceeded with, with due diligence. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted by reason of any reasonable cause not due to his own negligence, the permit may be renewed without additional cost to the applicant.
E.
Temporary permits. A temporary permit may be authorized by the Zoning Hearing Board as a special exception for a nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Borough. Such permit shall be issued for a specified period of time not exceeding six calendar months, and may be renewed for an aggregate period of not more than two years.
F.
Sign permits.
(1)
A sign permit shall be required prior to the erection or alteration of any sign; provided, however, that political signs shall be exempt from any and all sign permit requirements.
[Amended 7-22-2008 by Ord. No. 625]
(2)
Application for permit shall be made in writing to the Zoning Officer, and shall contain all information necessary for such officer to determine whether the proposed sign, or the proposed alterations, conform to all the requirements of this chapter.
(3)
Permits shall be granted or refused within 15 days from date of application.
(4)
No sign permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts.
(5)
All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale, showing the following:
(a)
Exact dimensions of lot and building upon which the sign is proposed to be erected.
(b)
Exact size, dimensions and location of the said sign on lot or building.
(c)
Any other lawful information which may be required of applicant by the Zoning Officer. One copy of said plan or diagram shall be returned to the applicant, after the Zoning Officer shall have marked such copy either approved or disapproved, and attested to same.
§ 500-36 Schedule of fees.
A.
Determination and posting of fees. The Littlestown Borough Council shall determine a schedule of fees, charges and expenses, as well as a collection procedure for special permits, variances, amendments and other matters pertaining to this chapter. Said schedule of fees shall be posted in the office of the Zoning Officer.
B.
Amendment of fees. The Borough Council shall be empowered to reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter, and may be adopted at any public meeting of the Board by resolution.
C.
Amendment of zoning district fees. The required fees for zoning district amendments may vary according to advertising costs and thus shall be kept up-to-date by the Borough Council and the Zoning Officer. All such fees shall be paid into the Borough Treasury.
D.
Special exception and variance fees. Special exception and variances shall be issued only after fees have been paid in full, and the Zoning Hearing Board shall take no action on appeals until preliminary charges have been paid in full.
§ 500-37 Amendments.
A.
Power to amend. The regulations, restrictions, boundaries and requirements set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed, through amendment by the Borough Council; provided, however, that the political signs provisions hereof shall not be amended, supplemented, changed or repealed in contravention of the consent order dated April 24, 2008, referred to hereinabove, or in any manner which would be violative of the freedom of speech provisions of the First Amendment to the United States Constitution, as applied to states and their political subdivisions through the Fourteenth Amendment to the United States Constitution, and/or court decisions construing the same as applied to the Borough of Littlestown.
[Amended 7-22-2008 by Ord. No. 625]
B.
Procedure for amendment. The following requirements shall be observed in making any amendment to this chapter:
(1)
The Littlestown Borough Council shall, upon petition, signed by the owners of a majority of the properties according to frontage in any district or portion thereof and, may upon its own initiative, or upon the recommendation of the Planning Commission, prepare an ordinance amending, supplementing, or changing the district boundaries or the regulations herein established, which shall be considered, subject to a formally advertised public hearing.
(2)
Other than recommendations for amendment originating with the Planning Commission, all proposed amendments, supplements, or changes, or a proposal to repeal this chapter or part thereof, must be submitted to the Littlestown Borough Planning Commission for their review and recommendations prior to taking final action on such requests. The Planning Commission shall consider whether or not the proposed change or amendment would be in the view of the Planning Commission, consistent with and desirable in furtherance of the plan for future land use.
(3)
Such commission shall make a preliminary report and hold public hearings thereon, before submitting its final report and the Littlestown Borough Council shall not hold its public hearings or take action until it has received the final report of the Planning Commission.
(4)
Subsequent to the introduction of any such ordinance and at least 15 days prior to the passage thereof, notice of the introduction thereof shall be given to all persons concerned by at least one advertisement in the official Borough newspaper or a newspaper of general circulation. This notice shall set a date for a public hearing for consideration of such proposed amendment, supplement or change. Signs shall also be erected by the Borough on any land to be considered for rezoning 15 days prior to the introduction of such amendment. A minimum of one sign shall abut all streets surrounding the land to be rezoned. Such signs shall be no more than 500 feet apart.
(5)
No action to amend or change this chapter shall become effective until after public hearing in relation thereto and which parties in interest and citizens shall have an opportunity to be heard.
C.
Protests against amendments. In case of a protest against such changes signed by the owners of 33 1/3% or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 100 feet therefrom, or of those directly opposite thereto, extending 100 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of 2/3 of all the members of Borough Council.
§ 500-38 Zoning challenges.
A.
Requirements. A landowner desiring to challenge the validity of any provisions of a zoning ordinance, subdivision and development ordinance or Official Map or any amendment thereof shall not be required to make or file any application for development as a condition to pursuing any available judicial or administrative relief, except in the following cases:
(1)
When the Littlestown Borough Council is acting upon the approval of subdivision plots or development plans for Planned Districts, and an application is necessary to a decision upon the appropriate relief;
(2)
When an application is necessary to define the controversy and to aid in its proper disposition. An application for subdivision approval or for a building permit is not necessary to define the controversy or aid in its proper disposition within the meaning of this subsection when the challenge is addressed solely to a minimum lot size or maximum density requirement. Nor shall any application relating to buildings be required when the challenge is confined to site planning or subdivision improvement matters, nor shall a subdivision application be required when the challenge is confined to building or land use matters.
B.
Scope of judicial relief. Notwithstanding any provision contained in Subsection A, a landowner desiring to challenge the validity of any provisions of a zoning ordinance, subdivision and development ordinance or Official Map or any amendment thereof, may elect to file a complete application for development, either preliminary or final, with the provisions of this chapter or map and in what respects it conflicts therewith:
(1)
The determination pursuant to such demand shall be made in accordance with the procedures and within the time prescribed by this chapter for acting upon the application in question. But where the procedures otherwise applicable do not require this, a decision pursuant to a demand under this section shall be in writing and shall note the matters deemed to be in conflict with the applicable ordinance or map and cite to the provisions of such ordinance or map relied upon. A copy of the decision shall be furnished the applicant personally or mailed to him not later than the day after the decision is rendered.
(2)
Upon receipt of the decision, the landowner may immediately pursue the administrative and judicial proceedings available to challenge the provisions found to be in conflict with his application. In addition, he may elect to serve a copy of the decision upon the Littlestown Borough Council together with copies of his application and notice of his intention to secure the special relief authorized by this section and § 500-44H(2). If the landowner elects to serve such notice, the Littlestown Borough Council shall have 60 days from the receipt thereof within which it may amend the challenged provisions of the ordinance or map. If no amendment is adopted within the sixty-day period, the court rendering the decision upon the challenge shall disregard any subsequent amendment and may, if it holds the challenged provisions invalid, enter judgement ordering the Littlestown Borough Council to approve the landowner's application as filed. If an amendment is adopted within the sixty-day period, the landowner may accept the amendment and dismiss his action without prejudice to his rights to raise the same issues in another action; or he may amend his complaint and challenge the amended provisions, and if such amendment provisions are held invalid by the court, the court shall have power to enter judgement ordering the Littlestown Borough Council to approve the landowner's application as filed.
(3)
When the landowner is unaware of the conflict between his application for development and the provisions of this chapter or map at the time of filing thereof and files a complete application preliminary or final without serving demand for a decision thereon as provided in this section, and thereafter the application is disapproved on the grounds that it conflicts with the provisions of this chapter or map, the landowner may elect, at that time, to demand a decision in the terms required by this section whereupon the procedure set forth in this section and the powers granted to the court shall be applicable as if a demand had been served at the time the application was filed.