Logan Township City Zoning Code
PART 11
ADMINISTRATION
§ 1101 Interpretation.
[Ord. 11-15-79]
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public health, safety, comfort and general welfare.
§ 1102 Appointment and Powers of Zoning Officer.
[Ord. 11/15/1979; as amended by Ord. 1/23/92]
1.
For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed.
2.
The Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning.
3.
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.
4.
The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.
§ 1103 Zoning Permits.
[Ord. 11/15/79; as amended by Ord. 1/23/92]
1.
Zoning permits shall hereinafter be secured from the Township Zoning Officer, at a fee to be determined from time to time by the Board of Supervisors, prior to construction, erection, or alteration of any building or part of building, costing or valued at $50 or more; except as otherwise stated in Part 4 of this chapter; and prior to the construction or erection of any stationary sign or bill board. All requests for zoning permits shall be made in writing by the owner or by his authorized agent and shall include a statement of the use or intended use of the building or structure after construction, erection or alteration, and shall be accompanied by a plan drawn to scale, showing the proposed building line in its exact relation to lot and street lines as well as satisfactory evidence that the line or lines of the bounding street or streets has or have been accurately located on the ground.
2.
No zoning permit shall be issued until satisfactory evidence has been submitted to the Township Zoning Officer showing that:
A.
A map, plan or plat of any subdivision or land development, drawn to scale and showing lot and street lines has been approved by the Board of Supervisors of Logan Township in accordance with the terms and provisions of Township Ordinance No. 5-17-79, entitled the "Logan Township Subdivision and Land Development Ordinance." [Chapter 22] The term "subdivision" as used herein shall mean the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
B.
A road occupancy permit, if required, has been issued by the Commonwealth of Pennsylvania, Department of Transportation, or the Township of Logan.
C.
A permit to tap onto a public sewerage system has been issued by Logan Township, Central Blair County Sanitary Authority, or other appropriate authority, or a permit has been issued for a septic tank, individual sewer system, or community sewer system by the Commonwealth of Pennsylvania, Department of Environmental Resources. As amended August 3, 1972.
§ 1104 Zoning Hearing Board.
[Ord. 11/15/1979; as amended by Ord. 1-23-92]
1.
There is hereby created for the Township a Zoning Hearing Board in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10901 et seq.
2.
The membership of the Board shall consist of three residents of the Township appointed by resolution by the Board of Supervisors. The terms of office shall be for three years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Township.
3.
Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors which appointed the member, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
4.
The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action a quorum shall be not less than a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in this chapter.
5.
The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the Commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Township and shall submit a report of its activities to the Board of Supervisors as requested by the Board of Supervisors.
6.
Within the limits of funds appropriated by the Board of Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
§ 1105 Special Exceptions.
[Ord. 11/15/1979; as amended by Ord. 1-23-92]
Where the Board of Supervisors, in this chapter, has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
§ 1106 Hearings.
[Ord. 1-23-92]
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the Pennsylvania Municipalities Planning Code, 53 P.S. § 10901 et seq., as amended.
§ 1107 Hearing Fees.
[Ord. 1-23-92]
The Board of Supervisors of the Township of Logan may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The cost, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
§ 1108 Variances.
[Ord. 1-23-92]
1.
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
A.
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
B.
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C.
That such unnecessary hardship has not been created by the applicant.
D.
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
E.
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
2.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
§ 1109 Enforcement Notice.
[Ord. 1-23-92]
1.
If it appears to the Township that a violation of this chapter has occurred, 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, 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 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 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.
§ 1110 Enforcement Remedies.
[Ord. 11/15/1979; as amended by Ord. 10/27/1988; and by Ord. 1-23-92]
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 Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney 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 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 district justice and thereafter each day that a violation continues shall constitute a separate violation.
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.
3.
District justices shall have initial jurisdiction over proceedings brought under this section.
