Loyalsock Township City Zoning Code
ARTICLE XVI
Administration
§ 215-107 Amendments to regulations.
[Amended 8-25-1998 by Ord. No. 274]
The governing body may, by majority vote at a regular meeting following a public hearing thereon, amend this chapter pursuant to 53 P.S. § 10609.
§ 215-108 Zoning Hearing Board.
A.
Appointment, term and removal.
(1)
A Zoning Hearing Board is hereby established pursuant to the applicable provisions of the Pennsylvania Act of 1968 P.L. 805, No. 247, as amended, known as the "Pennsylvania Municipalities Planning Code" (hereinafter PMPC). The Board shall consist of three members who shall be residents of Loyalsock Township, to be appointed by resolution of the governing body for three years. Appointments shall be made in such a manner that the term of office of one member of the Board shall expire each year. Members of the Board may be removed from office by the Township Supervisors as provided by the PMPC. Vacancies shall be filled by appointment of the Township Supervisors for the unexpired term of the member affected. Members of the Board shall hold no other office in Loyalsock Township. Board members shall receive a fee for each hearing attended with the fee to be set by the governing body via resolution.
(2)
The Board of Supervisors may appoint an alternate member of the Zoning Hearing Board who shall be a resident of the township. The term of office of an alternate member shall be three years. The alternate member may be seated whenever any of the three regular members are unavailable. When seated, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same extent as provided by law for Board Members. The alternate shall hold no other office in Loyalsock Township.
B.
Jurisdiction, hearings, appeals and notice. The Zoning Hearing Board shall have jurisdiction concerning interpretation or administration of this chapter to the full extent permitted by the PMPC as amended.
(1)
Notice of appeal and hearing:
(a)
An appeal to the Zoning Hearing Board regarding an interpretation or administration of this chapter may be taken only by a person aggrieved, or by an officer or bureau of Loyalsock Township. Such appeal shall be taken within 60 days of the date of notice of the interpretation or decision appealed.
(b)
An appeal to the Zoning Hearing Board shall be taken by filing with the Zoning Officer a written notice of the appeal specifying the grounds of the appeal.
(c)
The Zoning Officer shall forthwith transmit to the Zoning Hearing Board all papers constituting the record upon which the appeal is taken.
(d)
Written notice of any hearing of the Zoning Hearing Board shall be given to the applicant, the Zoning Officer and any person who has requested notice, in writing. Notice shall also be given as required by the PMPC.
(e)
Hearings of the Zoning Hearing Board shall be conducted in the manner provided by the PMPC.
(2)
Decision. The Zoning Hearing Board shall render a written decision in the manner provided by the PMPC.
C.
Stay of proceedings and bond.
(1)
During the time that an appeal is pending before the Zoning Hearing Board, all land development undertaken pursuant to any challenged ordinance, order or approval shall be stayed unless the Zoning Officer certifies, in writing, to the Board facts which satisfy a majority of the Board that such a stay would cause imminent danger to life or property. In the event that a majority of the Board is satisfied that such a stay would cause imminent peril to life or property, land development shall not be stayed other than by order of a court of competent jurisdiction.
(2)
In the event that an application for land development in Loyalsock Township has been duly approved but is stayed as a result of an appeal from the land development approval by persons other than the proposed developer, the proposed developer may petition a court of competent jurisdiction to order the party appealing the land development approval to post a bond as a condition to continuing the appeal before the Zoning Hearing Board. The nature and amount of the bond shall be determined by the court. The purpose of the bond shall be to indemnify the land developer for any damages which the land developer may sustain as a result of the delay in the land development caused by the appeal. The land developer shall not be indemnified through the bond in the event that the land development approval is finally reversed by the Zoning Hearing Board or by the governing body or by a court of competent jurisdiction.
§ 215-109 Administration.
A.
Requirements of permits. A zoning permit shall be required prior to the erection, addition, remodeling or alteration or use of any building, structure or development of land, or portion thereof, or prior to the change or extension of a nonconforming use, building or structure. It shall be unlawful for any person to commence work for or on the above until a zoning permit has been issued therefor.
[Amended 3-9-2004 by Ord. No. 303]
B.
Application for zoning permits.
(1)
All applications for zoning permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected of altered, the existing and intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate and such information as may be necessary to determine compliance with this chapter and all other pertinent ordinances.
(2)
One copy of such plans shall be returned to the owner when such plans are approved by the Zoning Officer. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.
C.
Proof of compliance. It shall be the responsibility of the applicant in all cases to furnish adequate information and to certify that the proposed use will comply with all regulations, including performance standards as will permit the carrying out of the provisions of this chapter.
D.
Issuance of permits. No zoning permit shall be issued until the Zoning Officer has certified that the proposed development of building, addition or alteration complies with all the provisions of this chapter.
[Amended 3-9-2004 by Ord. No. 303]
E.
Temporary permits. A temporary permit may be authorized by the governing body after review and comment from the Planning Commission 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 township. Such permits shall be issued for a specified period of time not to exceed one year, and may be renewed annually for an aggregate period not exceeding three years.
F.
Occupancy permits. No building hereafter constructed, erected or altered shall be occupied or used in whole or in part for any use whatsoever, and no change of use of any building or part thereof, or of any land shall hereafter be made, until an occupancy permit has been issued by the Zoning Officer, certifying that the building or use complies with the provisions of this chapter. An occupancy permit shall be granted or denied within 10 days from the date of written application therefor.
G.
Zoning appeal or variance request. An appeal or application for a variance shall be filed with the Zoning Officer and shall state:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real estate to be affected by the proposed exception or variance.
(3)
A brief description and location of the real estate to be affected by such proposed change.
(4)
A statement of the present zoning classification of the real estate in question, the improvements thereon and the present use thereof.
(5)
A statement of the section of this chapter under which the variance or exception requested may be allowed and reasons why it should be granted.
(6)
A reasonably accurate description of the present improvements and the additions intended to be made under this application, indicating the size of the proposed improvements, material and general construction thereof. In addition, there shall be attached a plat plan of the real estate to be affected, as provided in Subsection B of this section, indicating the location and size of the lot and size of improvements now erected and proposed to be erected thereon.
H.
Conditional uses.
(1)
Application. Any party seeking approval of the conditional use shall file a written application with the Zoning Officer. The Zoning Officer shall promptly refer the application to the Loyalsock Township Planning Commission. The Commission shall review the application and submit a recommendation regarding the application to the Loyalsock Township Supervisors within 45 days of the Commission's first consideration of the application. The written application for a conditional use submitted to the Zoning Officer shall include at least the following information:
[Amended 8-22-2006 by Ord. No. 317]
(a)
A written statement describing the tract of land and the location of the tract of land.
(b)
The present use of the tract for which the conditional use is requested.
(c)
The present use of adjoining tracts.
(d)
A brief description of the conditional use proposed and its operation.
(e)
The name and address of the applicant, the name and address of the owner of the tract, the name and address of the developer of the conditional use and the name and address of the party or organization who or which will operate the conditional use.
(f)
The site plan shall be drawn to scale sufficient to clearly show the features of the tract and shall show:
[1]
Title block containing the name of the developer or land owner, date, scale and the name and profession of the preparer of the plan.
[2]
Tract boundaries showing bearing and distance.
[3]
Existing significant natural or man made features of the site.
[4]
Existing and proposed streets, rights-of-way, easements, means of access and setback lines.
[5]
Existing buildings, sewers, water mains, culverts, transmission lines, and fire hydrants on or adjacent to the site.
(g)
Proposed building plans shall be drawn to scale showing the following:
[1]
Floor plan of each floor of any proposed building or building to be remodeled.
[2]
Elevation drawing of proposed buildings or existing buildings to be remodeled. If existing building is not to be changed on the exterior, pictures of the structure or building will be acceptable in lieu of elevation drawings.
(2)
Hearing. The Township Supervisors shall hold a public hearing pursuant to public notice to consider the application for a conditional use. The Township Supervisors shall reach a decision within 30 days after the last public hearing on the application. Within 15 days of the date of the decision on the application, the Township Supervisors shall notify the applicant, in writing, by registered or certified mail, of the decision on the application. In the event that the application is denied, the Township Supervisors shall give the applicant a brief, written explanation for the denial. In considering the application, the Township Supervisors shall consider at least the following:
(a)
The purpose of the zone in which a requested conditional use is located, and the compatibility of the requested conditional use with existing and potential land uses on adjacent tracts of land.
(b)
Whether the specific site is an appropriate location for the use, structure or condition, taking into consideration the economic effect and compatibility and harmony with properties on adjacent tracts of land.
(c)
Whether the use developed will adversely affect the neighborhood.
(d)
Whether the use will create undue nuisance or serious hazard to vehicles or pedestrians.
(e)
Whether adequate and appropriate facilities will be provided to ensure the proper operation of the proposed use.
(f)
The economic, noise, glare or odor effects of the conditional use on adjoining properties and properties generally in the district.
(g)
Whether satisfactory provision and arrangement has been made concerning the following:
(3)
Reasonable conditions. Where the Township Supervisors grant an application for a conditional use, the Supervisors may attach reasonable conditions and safeguards to the approval to the extent that such reasonable conditions and safeguards are necessary to implement the purposes of the Loyalsock Township Zoning Chapter and the PMPC. Such reasonable safeguards may include, but need not be limited to, adequate provision for ingress and egress of vehicles and pedestrians, refuse and service areas, utilities, screening and buffering, signs, exterior lighting and yards and open spaces.
I.
Zoning challenges. Any Loyalsock Township landowner with appropriate standing may challenge the validity of any provision of this chapter in the manner provided by the PMPC.
J.
Time limitations.
[Amended 3-27-2012 by Ord. No. 347]
(1)
Any party that obtains a variance approval from the Loyalsock Township Zoning Hearing Board must file an application and obtain a zoning permit within one year from the date the variance was granted, or the variance approval shall become null and void. The applicant may request an extension of time from the Zoning Hearing Board, which request must be received before the end of the time limit herein established. The Zoning Hearing Board has the right to grant or deny said request for an extension of time.
(2)
Any party that obtains an approval for a conditional use from the Loyalsock Township Board of Supervisors must file an application and obtain a zoning permit within one year from the date the conditional use approval was granted by the Board of Supervisors, or such approval shall become null and void. The applicant may request an extension of time from the Board of Supervisors, which request must be received before the end of the time limit herein established. The Board of Supervisors reserves the right to grant or deny said request for an extension of time.