Lower Pottsgrove Township
City Zoning Code
City Zoning Code
ARTICLE XXIX
Administration 1
§ 250-212 Zoning Officer.
The provisions of this chapter shall be enforced by an agent to be appointed by the Board of Township Commissioners who shall be known as the Zoning Officer. The Zoning Officer shall be appointed at the first meeting of the Commissioners following the adoption of this chapter to serve until the first day of January next following and shall, thereafter, be appointed annually to serve for a term of one year and/or until his successor is appointed. The Zoning Officer may succeed himself. He shall receive such fees or compensation as the Township Commissioners may, by resolution, provide.
§ 250-213 Duties and powers.
It shall be the duty of the Zoning Officer and he shall have power to:
A.
Keep a record of all plans and applications for permits and all permits issued with notations as to special conditions attached thereto. All records shall be open for public inspection.
B.
Review applications for permits for erection or alteration of structures or changes of use, determine whether such construction or use is in accordance with the general requirements of this chapter, all other applicable ordinances and with the laws and regulations of the commonwealth. The Zoning Officer shall issue no permit unless it conforms with all applicable ordinances, statutes and regulations.
C.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter. In carrying out such surveys, the Zoning Officer or his representative may enter upon any land or building within the Township.
D.
Make written orders requiring compliance with the provisions of this chapter to be served personally or by registered mail.
E.
Institute proceedings in courts of proper jurisdiction for the enforcement of provisions of this chapter.
F.
Maintain a map showing the current zoning classification of all land within the Township.
G.
Maintain a map and register showing the registration, identity, location and type of all nonconforming uses within the Township.
H.
Participate in all proceedings before the Zoning Hearing Board, present facts and information to assist the Board in reaching decisions which shall be compatible with this chapter and have decisions of the Board reviewed in a court of proper jurisdiction when in the judgment of the Zoning Officer such a review is desirable or indicated.
§ 250-214 Permits.
No building shall be constructed or enlarged in the Township or use of any building changed until a permit has been secured from the Zoning Officer. Upon completion of the work authorized by any permit, the applicant for the permit shall notify the Zoning Officer of such completion. No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted on the permit that the work has been inspected and approved as being in conformity with the provisions of this chapter.
§ 250-215 Application for permit.
A.
All applications for zoning permits shall be made in writing by the owner or tenants or authorized agent and shall be filed with the Zoning Officer. The application:
(1)
Shall include a statement as to the proposed use of the building;
(2)
Shall be accompanied by a plan, drawn to scale, showing the location of the building in relation to property and road lines;
(3)
Shall include a statement that the side lines of all roads shown on the plan have been located and staked on the premises by a surveyor or other person competent to give such location; and
(4)
Shall give the name and address of the person who has so located and staked the road lines.
B.
In the case of signs, size, location and construction shall be shown on the application.
§ 250-216 Expiration of permits.
A permit issued under the authority of this chapter shall expire six months after date of issuance unless the permittee shall have commenced substantial construction or utilization of the property which is the subject of the permit in accordance with the intent thereof within such period.
§ 250-217 Appeal or application.
An appeal or application for special exception or variance from the terms of this chapter or a decision of the Zoning Officer may be filed with the Secretary of the Zoning Hearing Board and shall state:
A.
The name and address of the applicant.
B.
The name and address of the owner of the real estate to be affected by the proposed exception or variance.
C.
A brief description and location of the real estate to be affected by such proposed change.
D.
A statement of the present zoning classification of the real estate in question, the improvements thereon and the present use thereof.
E.
A statement of the section of this chapter under which the variance or exception requested may be allowed and the reasons why it should be granted.
F.
A reasonably accurate description of the present improvements and the additions intended to be made under the application indicating the size of such proposed improvements. In addition there shall be attached a plot plan of the real estate to be affected indicating the location and size of the lot and size of improvements now erected and those proposed to be erected thereon.
§ 250-218 Appeals.
An appeal from the decision of the Zoning Officer shall be taken within 30 days according to the procedures described herein.
§ 250-219 Fees.
The applicant for a permit shall, at the time of making the application, pay to the Zoning Officer for the use of the Township a fee in accordance with a fee schedule adopted by resolution of the Board of Commissioners upon the enactment of this chapter or as such schedule may be amended by resolution of the Board of Commissioners.
§ 250-220 Procedures for consideration of conditional use application.
[Amended 10-5-1992 by Ord. No. 127-R]
An application for any conditional use as specified in the various districts of this chapter shall be considered by the Township Commissioners according to the following procedures:
A.
Conditional use application.
[Amended 12-3-2007 by Ord. No. 276]
(1)
An application shall be submitted in writing to the Township Manager on the form prescribed by the Township. In addition to the application form, the applicant must submit the following:
(2)
The application shall not be deemed accepted by the Township until all of the above have been delivered to, reviewed for completeness and accepted by the Township. The time limit for the scheduling of a hearing shall not commence until the Township has determined the application complete and has accepted same, which shall be evidenced the by the dated signature of the Township Manager.
B.
Public hearing. After giving public notice, the Township Commissioners shall hold a public hearing on the conditional use application within 60 days of the date the application was deemed complete and accepted by the Township. At least 30 days prior to the date of the hearing, one copy of the conditional use application shall be delivered to the Township Planning Commission together with a request that the Planning Commission submit its recommendations regarding the application. If the Planning Commission fails to make a recommendation on the application prior to the date scheduled for the hearing, the Board of Commissioners may, in its sole discretion, reschedule the hearing but not beyond the time limits set forth above.
[Amended 12-3-2007 by Ord. No. 276]
C.
Standards for conditional use approval.
(1)
The Board of Commissioners may grant conditional use approval, provided that the applicant complies with the following standards for conditional uses. The burden of proof shall rest with the applicant.
(a)
The applicant shall establish, by credible evidence, that the conditional use complies with the statement of community objectives as stated in Article I of this chapter and with the declaration of legislative intent that may appear at the beginning of the applicable provision under which approval is sought.
(b)
The applicant shall establish, by credible evidence, compliance with all requirements for the conditional use enumerated in the provision which gives the applicant the right to seek the conditional use.
(c)
The applicant shall establish, by credible evidence, that the proposed conditional use shall not adversely affect neighboring land uses in any way and shall not impose upon its neighbors but rather shall blend with them in a harmonious manner.
(d)
The applicant shall establish, by credible evidence, that the proposed conditional use shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the application shall be accommodated in a safe and efficient manner, or improvement shall be made in order to effect the same. Similar responsibility shall be assumed with respect to other public service systems, including, but not limited to, police protection, fire protection, utilities, parks and recreation.
(e)
The applicant shall establish, by credible evidence, that the proposed conditional use shall be properly designed with regard to internal circulation, parking, buffering and all other elements of proper design.
(f)
The applicant shall provide the Board of Commissioners with sufficient plans, studies or other data to demonstrate compliance with all regulations.