Lower Paxton Township
City Zoning Code
City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 203-1201 Administration.
A.
The Zoning Officer shall administer and enforce this chapter including the receiving of applications, the inspection of premises, and the issuing of zoning, building, occupancy, and any other permits. No zoning, building, or occupancy permit shall be issued by said Zoning Officer except upon compliance with the provisions of this chapter. The Zoning Officer shall be appointed by the Board of Supervisors.
B.
Duties. The duties of the Zoning Officer shall be:
(1)
Receive, examine, and process all applications and permits as provided by the terms of this chapter. The Zoning Officer shall also issue zoning permits for conditional uses, or for variances after the same have been approved by the appropriate board, or commission.
(2)
Record and file all applications for zoning permits or certificates of use and occupancy, and accompanying plans and documents, and keep them for public record.
(3)
Inspect properties to determine compliance with all provisions of this chapter as well as conditions attached to the approval of variances, conditional uses, special exceptions and curative amendments.
(4)
Upon the request of the Township Supervisors or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests, to assist such bodies in reaching their decisions.
(5)
Be responsible for keeping this chapter and the Official Zoning Map[1] up to date, including any amendments thereto.
[1]
Editor’s Note: The Zoning Map is included as an attachment to this chapter.
(6)
Complete required information which may be requested by any state or federal agency.
(8)
Revoke a permit or approval issued under the provisions of this chapter in case of a false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in this chapter, or otherwise permitted by law.
§ 203-1202 General requirements for zoning permits.
A.
A zoning permit shall be required prior to a change in use of the land or structure, or the erection, construction, improvement, or alteration of any structure or portion thereof, or the alteration or development of any improved or unimproved real estate, including, but not limited to mining, dredging, filling, grading, paving, excavation, or drilling operations or the erection or alteration of any signs specified in Article X of this chapter.
B.
Zoning permits shall also be required for the construction or installation of animal waste impoundments, lakes, ponds, dams, or other water retention basins.
C.
No zoning permit shall be required for the repairs or maintenance of any structure or land provided that such repairs do not change the use or the exterior dimensions of the structure, or otherwise violate the provisions of this chapter.
D.
Application for zoning permits shall be made in writing to the Zoning Officer.
E.
Such zoning permits shall be granted or refused within 60 days from the date of the application.
F.
No zoning permit shall be issued except in conformity with:
G.
In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use to meet all of the above-described requirements, it will be incumbent upon the applicant to furnish sufficient evidence in support of an application. If such evidence is not presented, the zoning permit will be denied.
H.
Application for a permit shall be made by the owner or lessee of any building or structure, or the agent of either, provided, however, that if the application is made by a person other than the owner, it shall be accompanied by a written authorization of the owner or the qualified person making an application, that the proposed work is authorized by the owner. The full names and addresses of the owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.
I.
The Zoning Officer may engage other Township staff and Township appointed consultants to participate in the review of applications and other submitted materials.
J.
The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based, or for any other cause set forth in this chapter.
K.
Where a permit is required by this chapter, but the work is commenced or the use is commenced or changed prior to obtaining such permit, the fees set by ordinance or resolution of the Board of Supervisors for such permit shall be doubled. The doubling of the permit fee shall be required to reflect the additional expense incurred by the Township resulting from the need to inspect the property, respond to complaints, issue any enforcement notices, or process the application as is soon as it is received. The payment of such increased permit fees shall not relieve any person from complying with all requirements of this chapter or any other applicable Township ordinances or from any penalties or enforcement actions authorized by this chapter.
L.
Issuance of permits. The Zoning Officer shall review all zoning permit applications within a reasonable time. If the application or plans do not conform with the provisions of all pertinent local laws, the Zoning Officer shall reject such application in writing, stating the reasons, therefore. The Zoning Officer shall inform the applicant of the right to appeal to the Zoning Hearing Board in the event such application is rejected. If the application conforms to applicable provisions of this chapter and the certificate of use as required herein has been applied for, the Zoning Officer shall issue a permit within a reasonable time from the receipt of the application.
M.
Resubmission of application. An applicant whose request for a permit has been denied by the Zoning Officer may make a later application for a permit provided all deficiencies which were the basis for the prior denial of the permit have been eliminated. The Zoning Officer shall withhold a permit until all deficiencies and conditions have been met.
N.
Expiration of permit. The permit shall expire one year from the date of issuance; provided, however, that the same may be extended for one additional year not to exceed two years, upon written request by the applicant which demonstrated good cause to the Zoning Officer.
O.
Compliance with permit and plot plan. All work shall conform to the approved application and plans for which the permit has been issued as well as the approved plot plan.
§ 203-1203 Certificate of occupancy.
A.
It shall be unlawful to use and/or occupy any new principal building or establish any new or replacement principal nonresidential use until a certificate of occupancy for such building or use has been issued by the Township Staff. (Note - a certificate of occupancy may also be required in additional situations under the Construction Codes).
B.
The Zoning Officer may require that the issuance of the certificate of occupancy be delated if the Zoning Officer believes that the activity, structure or use is not in compliance with this chapter and associated zoning approvals, until such time as compliance is achieved.
C.
The applicant shall keep a copy of the certificate of occupancy available for inspection.
D.
Upon the request of an applicant, the Zoning Officer may in writing allow a temporary occupancy or activity to occur before all zoning requirements have ben met where the following conditions are met:
(1)
The applicant shall prove to the Township that the activity or occupancy can occur safely without endangering public health or safety.
(2)
The temporary approval shall establish in writing a maximum time period under which is valid. A six-month maximum time period shall apply if not otherwise specified.
(3)
Failure to receive a permanent certificate of occupancy within such time period shall be a violation of this chapter.
(4)
The temporary approval may be conditioned upon compliance with certain specific requirements within certain time periods.
§ 203-1204 Fees.
§ 203-1205 Enforcement, violations and penalties.
B.
Violations. Any persons who shall commit or who shall permit any of the following actions violates this chapter.
(1)
Failure to secure a zoning permit prior to any of the following:
(a)
A change in use of land or structure;
(b)
The erection, construction or alteration of any structure or portion thereof;
(c)
The placement of a sign;
(d)
Change in the area of use or land coverage or setback of the use;
(e)
The excavation or grading of land to prepare for the erection, construction or alteration of any structure or portion thereof.
(2)
Placement of false statements on or omitting relevant information from an application for a zoning permit;
(3)
Undertaking any action in a manner which does not comply with a zoning permit;
(4)
Violation of any condition imposed by a decision of the Zoning Hearing Board in granting a variance or special exception or other approval;
(5)
Violation of any condition imposed by a decision of the Board of Supervisors in granting a conditional use or other approval; or
(6)
Violation of any condition imposed by a decision of a court of competent jurisdiction, where such court has granted zoning approval with conditions.
C.
Enforcement notice. If the Township has reason to believe that a violation of a provision of the Zoning Ordinance has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in Section 616.1 of the State Municipalities Planning Code.[2] Prior to sending an official enforcement notice, the Zoning Officer may at their option informally request compliance.
[2]
Editor’s Note: See 53 P.S. § 10616.1.
D.
Time limits. An official enforcement notice shall state the deadline to complete bringing the property into compliance with this chapter and shall state the applicant has 30 days from the receipt of the notice to appeal to the Zoning Hearing Board.
E.
Enforcement penalties and remedies. The causes of action and enforcement remedies provisions of the State Municipalities Planning Code,[3] as amended, are hereby incorporated by reference.
(1)
Violations and penalties. Any person, partnership, corporation or other entity who 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 the reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be 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 a District Justice determining that there has been a violation further determines that there was a good faith basis for the person 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. All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the Township for the general use of the Township. Imprisonment is not authorized under this chapter.
(2)
Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted, maintained or used or any land is used or activity conducted in violation of this chapter or any of the permits issued under this chapter or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a conditional use, then, in addition to any other remedies provided by law, the Board of Supervisors may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping, use or activity or to prevent, in and about such premises, any act, conduct, business or use constituting a violation.
[3]
Editor’s Note: See 53 P.S. § 10101 et seq.
F.
Enforcement evidence. In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
§ 203-1206 Amendments to this chapter.
A.
Within the requirements of the State Municipalities Planning Code,[1] the Board of Supervisors may amend, or repeal any or all portions of this chapter on its own motion, or after agreeing to hear a written requestion from any person, entity landowner, or the Planning Commission.
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
§ 203-1207 Curative amendments.
A.
The applicable provisions or the State Municipalities Planning Code shall apply.