1.   It shall be a violation of this chapter for any person to commence work for the erection of any building or structure, or to change any land use, until a zoning permit has been duly issued. No such permit shall be required in case of normal maintenance activities, minor repairs or alterations, which do not alter the structure of the building. A zoning permit shall be required prior to any of the following activities:

      A.   The erection, enlargement or relocation of any building, structure, land or portion thereof.

      B.   The use or change in the use of a building, structure or land.

      C.   The alteration or expansion of a nonconforming use.

      D.   The issuance of a building permit, if required.

      E.   Earth disturbances in accordance with Ord. 496, §507 of the Subdivision and Land Development Ordinance [Chapter 22, §22-508] and Ord. 350, the Marysville Sedimentation Control Ordinance.

      F.   The erection, placement, installation, alteration, relocation or replacement of a sign as specified in Part 6 hereof.

      F.   Driveways or parking areas.

   2.   Application for Permits. All applications for zoning permits shall be accompanied by two sets of plans, 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 or altered, the existing and intended use of each building or structure or part thereof, the number of dwelling units the building is designed to accommodate, and such information as may be necessary to determine compliance with this Chapter and all other ordinances. One set of plans shall be returned to the owner when such plans have been reviewed and acted upon by the Zoning Officer. All applications for zoning permits for signs shall be submitted in accordance with the requirements of Part 6.

   3.   Issuance of Permits.

      A.   No permit shall be issued until the Zoning Officer has certified that the application complies with all the provisions of this Part, as well as the provisions of all other applicable ordinances. A permit issued hereunder shall be valid for 12 months after issuance, and all improvements or uses authorized by the permit shall be completed or commended, respectively within that time period, unless a request for extension has been submitted to and approved by the Zoning Officer. Such request shall be filed with the Zoning Officer at least 10 days prior to the permit’s expiration date.

      B.   If work or use described in any zoning permit has not been substantially completed or an extension of time has not been granted, such permit shall expire and be canceled. Written notice there of shall be given to the person affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new zoning permit has been obtained.

   4.   Construction and use to be as provided in permits and certificates of use. Zoning permits or certificates of use issued on the basis of plans and applications approved by the Zoning Officer authorize only the use, arrangement or construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed in violation of this Chapter and punishable as provided by § 27-907.

(Ord. 462, 8/14/1995; as amended by Ord. 551, 4/12/2004)

It shall be unlawful to use and/or occupy any building, (including a mobile or permanent home) structure or land in the Borough until a certificate of use has been issued by the Zoning Officer. The Zoning Officer shall not issue such a certificate unless he has inspected the building, structure or land to be used or occupied, and determined compliance with this Chapter and any other applicable ordinances.

      A.   Application. Application for a certificate of use, along with such fees as may be prescribed from time to time by resolution of the Borough Council, shall be submitted, in such form as the Zoning Officer may prescribe, by the owner of any building, structure or land or his authorized representative.

      B.   Action on Application. Upon receipt of the application the Zoning Officer shall inspect the premises to determine compliance with the building permit application, this Chapter and any other applicable ordinance. Within 10 days after receipt of the application the Zoning Officer shall either approve or disapprove the application and notify the applicant accordingly. If the application is disapproved, the Zoning officer shall provide to the applicant, in writing, the reasons for the disapproval.

      C.   Issuance of Certificate of Use. Upon approval of an application the Zoning Officer shall issue a certificate of use to the applicant for the use indicated on the approved application.

      D.   Temporary Certificate of Use. [Ord. 551]

         (1)   Upon request, the Zoning Officer may issue a temporary certificate of use for a building, structure or land, or portion thereof before all the work covered by a building permit is completed. Such portion or portions may be used and/or occupied prior to completion of all work provided that there is no danger to any public or individual, health, safety or welfare.

         (2)   Temporary certificates of use shall also be required for such uses as tents, trailers, and temporary buildings on construction sites. Such temporary certificates shall be valid for no longer than 6 months.

         (3)   [Reserved]. [Ord. 551]

         (4)   No temporary permit shall be issued for temporary use where said use would violate any provision of this Chapter except upon approval of the Borough Council.

(Ord. 462, 8/14/1995, §901; as amended by Ord. 551, 4/12/2004; and by Ord. 553, 5/10/2004, §1)

   1.   The Borough Council shall establish a schedule of fees, charges and expenses, as well as a collection procedure for zoning permits, certificate of use, appeals, variances, conditional uses, special exceptions, amendments, bonds and other matters pertaining to this Chapter.

   2.   Such fees shall be payable to the Borough, and until all applicable fees, charges and expenses have been paid in full, the applications shall be considered incomplete and no action shall be taken on any application or appeal.

(Ord. 462, 8/14/1995; as amended by Ord. 551, 4/12/2004)

   1.   If it appears to the Borough that a violation of this Chapter or prior Zoning Ordinances has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this Part.

   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 notice 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 municipahty 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 provision of the Part.

      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 prescribed period of time in accordance with procedures set forth in this Part.

      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.

   4.   In any appeal of an enforcement notice to the Zoning Hearing Board, the Borough shall have the responsibility of presenting its evidence first. [Ord. 553]

   5.   Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Borough if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor. [Ord. 553]

(Ord. 462, 8/14/1995, §903; as amended by Ord. 553, 5/10/2004, §1)

In case any building, structure, landscaping 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, an officer of the Borough, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough Council. No such action may be maintained until such notice has been given.

(Ord. 462, 8/14/1995, §904)

   1.   District Justices shall have initial jurisdiction over proceedings brought under § 27-907(1) of this Part. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

      A.   Substantive challenges to the validity of any land use ordinance, except those brought before the Borough Council pursuant to §§609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code.

      B.   Challenges to the vahdity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the Borough of Marysville and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.

      C.   Appeals from the determination of the Zoning Officer including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.

      D.   Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.

      E.   Applications for variances from the terms of this Chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to §910.2 of the Municipalities Planning Code.

      F.   Apphcations for special exceptions under this Chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to §912.1 of the Municipalities Planning Code.

      G.   Appeals from the determination of any officer or agency charged with the administration of any transfer of development rights or performance density provisions of this Chapter.

      H.   Appeals from the Zoning Officer's determination under §916.2 of the Municipalities Planning Code.

      I.   Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article V or VII of the Municipalities Planning Code.

   2.    The Borough Council, shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

      A.   All applications for approval of planned residential developments under Article VII of the MPC pursuant to the provisions of §702 of the Municipalities Planning Code (Part 12 of this Chapter).

      B.   All applications pursuant to §508 of the Municipalities Planning Code, for approval of subdivisions or land developments under Article V of the Municipalities Planning Code.

      C.   Apphcations for conditional use under the express provisions of this Chapter.

      D.   Applications for curative amendment to this Chapter or pursuant to §§609.1 and 916.1(a) of the Municipalities Planning Code.

      E.   All petitions for amendments to land use ordinances, pursuant to the procedures set forth in §609 of the Municipalities Planning Code.

      F.   Appeals from the determination of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to apphcations for land development under Articles V and VII of the Municipahties Planning Code. Where such determination relates only to development not involving an Article V or VII apphcation, the appeal from such determination of the Zoning Officer or the Borough Engineer shall be to the Zoning Hearing Board pursuant to this Section. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development apphcations in the Planning Commission, all appeals from determinations under this subsection shall be to the Planning Commission and all appeals from the decision of the Planning Commission shall be to court.

[Ord. 553]

(Ord. 462, 8/14/1995, §905; as amended by Ord. 553, 5/10/2004, §1)

   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 therefore in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500.00 plus all court costs, including reasonable attorney fees incurred by the Borough 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 Borough 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 the Part 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 5th 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 attorneys fees collected for the violation of this Chapter shall be paid over to the Borough of Marysville.

   2.   The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

   3.   Nothing contained in this Chapter shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this action.

   4.   In case any building, structure, landscaping 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, an officer of the Borough, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough Council of the municipality. No such action may be maintained until such notice has been given.

(Ord. 462, 8/14/1995, §906)

For the purpose of preserving the integrity of the official map of the Borough, no permit shall be issued for any building within the hnes of any street, watercourse or pubhc ground shown or laid out on the official map. No person shall recover any damages for the taking for public use of any building or improvements constructed within the lines of any street, watercourses or pubhc ground after the same shall have been included in the official map, and any such building or improvement shall be removed at the expense of the owner. However, when the property of which the reserved location forms a part, cannot yield a reasonable return to the owner unless a permit shall be granted, the owner may apply to the Borough Council for the grant of a special encroachment permit to build. Before granting any special encroachment permit authorized in this Part, the Borough Council may submit the application for a special encroachment permit to the local planning agency and allow the planning agency 30 days for review and comment and shall give public notice and hold a public hearing at which all parties in interest shall have an opportunity to be heard. A refusal by the Borough Council to grant the special encroachment permit apphed for may be appealed by the applicant to the Zoning Hearing Board in the same manner, and within the same time hmitation, as is provided in Article IX of the Municipalities Planning Code.

(Ord. 462, 8/14/1995, §907)

   1.   The Borough Council may from time to time amend, supplement or repeal any of the regulations and provisions of this Chapter. The procedure for the preparation of a proposed zoning ordinance as set forth in §607 of the Pennsylvania Municipalities Planning Code, is hereby declared optional.

   2.   Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a zoning map change, notice of said pubhc hearing shall be conspicuously posted by the Borough of Marysville at points deemed sufficient by the Borough along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least 1 week prior to the date of the hearing. In addition to the requirement that notice be posted under this Section, where the proposed amendment involves a zoning map change, notice of the public hearing shall be mailed by the Borough at least 30 days prior to the date of the hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Borough. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This clause shall not apply when the rezoning constitutes a comprehensive rezoning.

   3.   In the case of an amendment other than that prepared by the Planning Commission the Borough Council shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.

   4.   If, after any pubhc hearing held upon an amendment, the proposed amendment is changed substantially, or is revised to include land previously not affected by it, the Borough Council shah hold another pubhc hearing, pursuant to public notice, before proceeding to vote on the amendment.

   5.   At least 30 days prior to the public hearing on the amendment by the Borough Council, the Borough shall submit the proposed amendment to the County planning agency for recommendations.

   6.   Within 30 days after enactment, a copy of the amendment to this Chapter shall be forwarded to the County planning agency.

(Ord. 462, 8/14/1995, as added by Ord. 553, 5/10/2004, §1)

   1.   A landowner who desires to challenge on substantive grounds the validity of this Chapter or the zoning map, or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided in §916.1 of the Pennsylvania Municipahties Code. The Borough Council shall commence a hearing thereon within 60 days of the request as provided in §916.1. of the Municipalities Planning Code. The curative amendment and challenge shall be referred to the Planning Commission and the County planning agency as provided in §609 and notice of the hearing thereon shall be given as provided in §§610 and 916.1 of the Municipahties Planning Code.

   2.   The hearing shall be conducted in accordance with §908 of the Municipahties Planning Code, and all references therein to the Zoning Hearing Board shall, for purposes of this Section, be references to the Borough Council provided, however, that the provisions of §908 (1.2) and (9) of the Municipahties Planning Code shall not apply and the provisions of §916.1. of the Municipahties Planning Code shall control. If the Borough does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire Chapter and zoning map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

   3.   The Borough Council, if it determines that a vahdity challenge has merit, may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Borough Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:

      A.   The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.

      B.   If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this Chapter or zoning map.

      C.   The sioitabihty of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features.

      D.   The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.

      E.   The impact of the proposal on the preservation of agriculture and other land uses which are essential to pubhc health and welfare.

(Ord. 462, 8/14/1995, as added by Ord. 553, 5/10/2004, §1)

   1.   If the Borough of Marysville determines that this Chapter, or any portion hereof, is substantially invalid, it shall take the following actions:

      A.   The Borough shall declare by formal action this Chapter or portions hereof substantially invalid and propose to prepare a curative amendment to overcome such invahdity. Within 30 days of such declaration and proposal the Borough Council shall:

         (1)   By resolution make specific findings setting forth the declared invahdity of this Chapter which may include:

            (a)   References to specific uses which are either not permitted or not permitted in sufficient quantity;

            (b)   Reference to a class of use or uses which requires revision; or,

            (c)   Reference to this entire Chapter which requires revisions.

         (2)   Begin to prepare and consider a curative amendment to this Chapter to correct the declared invalidity.

   2.   Within 180 days from the date of the declaration and proposal, the Borough shall enact a curative amendment to validate or reaffirm the vahdity of this Chapter pursuant to the provisions of §609 of the Pennsylvania Municipahties Planning Code, in order to cure the declared invalidity of this Chapter.

   3.   Upon the initiation of the procedures as set forth in subsection (1), above, the Borough Council shall not be required to entertain or consider any landowner's curative amendment hied under §609.1 of the Municipahties Planning Code, nor shaU the Zoning Hearing Board be required to give a report requested under §§909.1 or 916.1 of the Municipahties Planning Code subsequent to the declaration and proposal based upon grounds identical or substantially similar to those specified by the resolution required by subsection (1)(A), above. Upon completion of the procedures set forth in subsections (1) and (2), above, no rights to a cure pursuant to the provisions of §§609.1 and 916.1 of the Municipalities Planning Code, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invahdity of this Chapter for which there has been a curative amendment pursuant to this Section.

   4.   The Borough, having utilized the procedures set forth in this Section, may not again utilize said procedure for a period of 36 months following the date of enactment of a curative amendment, or reaffirmation of the vahdity of this Chapter; provided, however, if after the date of declaration and proposal there is a substantially new duty imposed upon the Borough by virtue of a change in statute or by virtue of a Pennsylvania appellate court decision, the Borough may utilize the provisions of this Section to propose a curative amendment to this Chapter to fulfill said duty or obligation.

(Ord. 462, 8/14/1995, as added by Ord. 553, 5/10/2004, §1)

   1.   Where the Borough Council, in this Chapter, has stated conditional uses to be granted or denied by the Borough Council pursuant to express standards and criteria, the Borough Council shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. The hearing shall be conducted by the Board or the Board may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board. However, the appellant or the apphcant, as the case may be, in addition to the Borough of Marysville, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final. In granting a conditional use, the Borough Council 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 the Pennsylvania Municipalities Planning Code.

   2.   The Borough Council shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Borough Council. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this Chapter, the Pennsylvania Municipalities Planning Code, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.

   3.   Where the Borough Council fails to render the decision within the period required by the subsection or fails to commence, conduct or complete the required hearing as provided in Section 908(1.2) of the Municipahties Planning Code, the decision shall be deemed to have been rendered in favor of the apphcant unless the apphcant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the apphcant because of the failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shaU give pubhc notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this Chapter and the Pennsylvania Municipahties Planning Code, If the Borough Council shall fail to provide such notice, the apphcant may do so.

   4.   Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be dehvered to the applicant personally or mailed to him no later than the day following its date.

(Ord. 462, 8/14/1995, as added by Ord. 553, 5/10/2004, §1)