Mckees Rocks City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 675-50 Borough Council.
The powers and duties of Borough Council are those outlined in the Pennsylvania Municipalities Planning Code ("MPC"), as amended; the Borough Code; and this chapter. Borough Council shall render decisions regarding conditional uses in a manner consistent with this chapter.
§ 675-51 Borough Planning Commission.
Powers and duties of the Borough Planning Commission are outlined in Section 209.1 of the Pennsylvania Municipalities Planning Code, as amended.
A.
Formation; statutory authority. The McKees Rocks Borough Planning Commission has been formed in accordance with Article II of the Pennsylvania Municipalities Planning Code, Act 247, as amended, in recognition of the land use planning issues, concerns, problems and goals of the municipality.
C.
Officers. The Planning Commission shall elect, from its own membership, its officers, who shall serve annual terms and may succeed themselves.
D.
Records to be kept; annual report. The Planning Commission shall keep full public records of its business, which records shall be the property of the Borough, and shall submit a report of its activities to Borough Council once a year.
E.
Removal of members.
(1)
Any member of a Planning Commission once qualified and appointed may be removed from office for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the governing body that 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 request it in writing.
(2)
Any appointment to fill a vacancy created by removal shall be only for the unexpired term.
(3)
Planning Commission members who miss two consecutive meetings without an excuse will be subject to removal from the Planning Commission.
F.
Comprehensive Plan. Pursuant to Article II of the Pennsylvania Municipalities Planning Code, Act 247, as amended, the Planning Commission shall prepare a Comprehensive Plan for submission to Borough Council.
G.
The Planning Commission may, at the request of the governing body:
(1)
Make recommendations to the governing body concerning the adoption or amendment of an Official Map.
(2)
Prepare and present to the governing body of the Borough a zoning ordinance and make recommendations to the governing body on proposed amendments to it as set forth in Act 247, as amended.
(3)
Prepare, recommend and administer subdivision and land development and planned residential development regulations, as set forth in Act 247, as amended.
(4)
Do such other act or make such studies as may be necessary to fulfill the duties and obligations imposed by Act 247, as amended.
(5)
Promote public interest in and understanding of the Comprehensive Plan and planning process.
(6)
Hold public hearings and meetings.
(7)
Present testimony before any board or body.
(8)
Review the Zoning Ordinance, the Subdivision and Land Development Ordinance, the Official Map, provisions for planned residential development, and such other ordinances and regulations governing the development of land no less frequently than it reviews the Comprehensive Plan.
H.
In the performance of its powers and duties, any act or recommendation of the Planning Commission which involves engineering consideration shall be subject to review and comments of the Municipal Engineer, which shall be incorporated and separately set forth in any report, written act or recommendation of the Planning Commission.
§ 675-52 Zoning Hearing Board.
A.
Zoning Hearing Board. Powers and duties of the Zoning Hearing Board are those outlined in Section 909.1 of the Pennsylvania Municipalities Planning Code, as amended. See 53 P.S. § 10909.1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Appointment and membership. The membership of the Zoning Hearing Board shall consist of three residents of the Borough appointed by resolution of the Borough Council. Their terms of office shall be four years and shall be so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify Borough Council when vacancies occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the Borough.
C.
Alternate members. Borough Council may appoint by resolution one resident of the Borough to serve as an alternate member of the Zoning Hearing Board. The term of the office of an alternate member shall be two years. The alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the same and full extent as provided by law for board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the Planning Commission or appointment as the Borough Zoning Officer. Any alternate may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board unless designated by the chairman as a voting member for that meeting due to the absence or disqualification of a member such that a quorum cannot otherwise be reached. Any alternate member appointed as a voting member shall be permitted to continue to serve in those matters or cases for which he/she was appointed until a final determination of the matter or case.
D.
Removal of members. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Borough Council, 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 request it in writing.
E.
Officers. The Zoning Hearing Board shall elect, from its own membership, its officers, who shall serve annual terms and may succeed themselves.
F.
Quorum. 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 Zoning Hearing Board.
G.
Records of be kept; annual report. The Zoning Hearing Board shall keep full public records of its business, which records shall be the property of the Borough, and shall submit a report of its activities to Borough Council once a year.
H.
Variances. The Zoning Hearing Board, upon appeal, shall have the power to authorize variances from the requirements of this chapter where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the appellant. A variance may be granted if all of the following findings are made where relevant in a given case:
(1)
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;
(2)
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;
(3)
Such unnecessary hardship has not been created by the appellant;
(4)
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; and
(5)
The variance, if authorized, will represent the minimum variance necessary to afford relief and will represent the least modification possible of the regulation in issue.
I.
In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and protect the public health, safety and welfare.
J.
Conduct of hearings.
(1)
A public hearing shall be held on any appeal filed within 60 days of filing a complete application, unless the applicant has agreed, in writing, to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his/her case in chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case in chief. An applicant may, upon request, be granted additional hearings to complete his/her case in chief, provided that the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Borough, be granted additional hearings to complete their opposition to the application, provided that the applicant is granted an equal number of additional hearings for rebuttal.
(2)
The public hearing shall be held pursuant to public notice described in this chapter and applicable law.
(3)
The hearings shall be conducted by the Zoning Hearing Board. The decision or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the Borough, 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. The Zoning Hearing Board may deliberate in Executive Session if it so determines. The decision shall be publicly rendered by a majority vote of the Zoning Hearing Board at the conclusion of a public hearing or a public meeting thereafter.
(4)
The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Zoning Hearing Board, and any other person, including civic or community organizations, permitted to appear by the Board. The Zoning Hearing Board shall have the power to require that all persons who wish to be considered parties enter appearances, in writing, on forms provided by the Board for that purpose.
(5)
The Chairman or Acting Chairman of the Board or the hearing officer presiding shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
(6)
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(7)
The Zoning Hearing Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings.
(8)
The Zoning Hearing Board or hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved, except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda or other materials, except advice from its solicitor, unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
K.
Rendering a written decision.
(1)
The Zoning Hearing Board or hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days of the last hearing before the Board or hearing officer.
(2)
Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provision of the Pennsylvania Municipalities Planning Code or any Borough ordinance shall contain a reference to the provision relied on and the reasons why the conclusions are deemed appropriate in light of the facts found.
(3)
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following the date of the decision. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
L.
Time limitations.
(1)
No person shall file any proceeding before the Zoning Hearing Board later than 30 days after a preliminary or final application for development has been approved by an appropriate Borough officer, agency or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.
(2)
The failure of anyone, other than the landowner, to appeal from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map filed pursuant to Section 916.2 of the Municipalities Planning Code shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the plans and other materials submitted to the Zoning Officer for a preliminary opinion.
(3)
All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.
M.
Failure to render decision. Except for substantive validity challenges where the Board fails to render the public vote on a decision within the period required above or fails to commence, conduct or complete the required hearing as provided herein, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have meet to render a decision in the same manner as provided herein. If the Board fails to provide such notice, the applicant may do so. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
N.
Jurisdiction of Board. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matters:
(1)
Substantive challenges to the validity of any land use ordinance, except landowner curative amendments brought before Borough Council, brought in accordance with the procedures specified in Section 916.1 of the Pennsylvania Municipalities Planning Code.
(2)
Appeals from the determination of the Borough 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.
(3)
Appeals from a determination by the Borough Engineer or the Borough Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
(4)
Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance.
(5)
Appeals from the Borough Zoning Officer's determination under Section 916.2 of the Pennsylvania Municipalities Planning Code (Act 247, as amended).
(6)
Appeals from the determination of the Borough 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 subdivision and land development or planned residential development applications.
(7)
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.
(8)
Special use applications.
(9)
Requests for reasonable accommodations under the Americans With Disabilities Act and the Fair Housing Amendments Act.
§ 675-53 Zoning Official or Zoning Officer.
The powers and duties of the Borough Zoning Officer are outlined in Section 614 of the Pennsylvania Municipalities Planning Code, as amended, and this chapter. He or she is appointed by and serves at the pleasure of Borough Council.
A.
Duties generally involve:
(1)
The day-to-day administrative procedures of this chapter.
(2)
Receiving, reviewing, and issuing of building and zoning permits and certificates of occupancy, maintaining records of applications and permits, performing inspections to determine compliance with this chapter.
(3)
Notify persons violating this chapter and enforce the same.
(4)
Accepting applications for and presenting facts at hearings before the Zoning Hearing Board.
B.
Borough Council may amend the duties of the Borough Zoning Officer as deemed necessary for the health, safety and welfare of the residents.
C.
The Borough Zoning Officer:
(1)
Must administer this chapter by its literal terms.
(2)
Does not have any discretionary power and can neither waive nor tighten any requirement of this chapter.
(3)
Is required to meet qualifications established by the Borough and the Pennsylvania MPC and must be able to demonstrate a working knowledge of municipal zoning.
(4)
May also serve as the Building Code Official, the Code Official, and/or other Borough nonelected position. He/she may not concurrently serve as an appointed member of the Planning Commission or Zoning Hearing Board.
(5)
Shall identify and register all nonconforming structures and nonconforming uses. The owner of the premises occupied by a lawful nonconforming use or building may secure a certificate of nonconforming use from the Borough Zoning Officer where previously authorized or recognized by the Borough and where authorized pursuant to this chapter.
D.
Application process.
(1)
All persons desiring to undertake any new construction, structural alteration or change in the use of a building or lot shall apply to the Borough Zoning Officer for a zoning permit by completing the required application and submitting the related fee. The application shall not be considered complete until both the application and fee have been received.
(2)
Within 30 days after receipt of an application, the Borough Zoning Officer will either issue the zoning permit or, if denied, provide the applicant a written denial with an explanation of the reason(s) for denial and the right to an appeal.
(3)
Within 30 days after receipt of a Zoning Hearing Board or Borough Council decision granting a use variance or special/conditional use, the Borough Zoning Officer will issue the zoning permit. If the use is permitted subject to a condition(s), such condition(s) shall be noted on the zoning permit.
(4)
Copies of zoning permits shall be kept on file by the Borough Zoning Officer.
§ 675-54 Fees.
All fees required in this chapter shall be established by resolution of the Borough Council and amended from time to time. No action shall be taken on any type of application or approval that requires payment of a fee until said fee is paid in full. The Borough Zoning Officer shall maintain, for public inspection, a schedule of any and all fees established pursuant to this chapter.
§ 675-55 Appeals and public hearings.
A.
Appeal from decision of the Borough Zoning Officer. Any person, firm or corporation which deems itself aggrieved by any order or decision of the Borough Zoning Officer shall have the right to file a written appeal within 20 days of the issuance of an order or decision. Appeals must be initiated on the appropriate form and related fee.
B.
Appeal from decision of the Zoning Hearing Board or Council. In the case of an appeal from a decision by the Borough Zoning Hearing Board or Borough Council, the applicant must initiate the appeal in the Court of Common Pleas within 30 days from the date of the written decision or final notice. Any order or decision not timely appealed shall be final.
C.
Public hearings. Upon the filing of a hearing application, a public hearing shall be scheduled in the following manner:
(1)
Public notice. Legal notice shall be given not more than 30 and not less than 14 days in advance of any public hearing required by the Municipalities Planning Code and this chapter. Such notice shall be published once a week for two consecutive weeks in a newspaper of general circulation. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.
(2)
Notice to applicant. By mailing a notice by certified mail to the applicant, unless he/she has specifically authorized electronic notice.
(3)
Notice to local officials. By mailing or hand delivering a notice to the President of Council, the Planning Commission Chairperson, and the Borough Secretary, unless he/she has specifically authorized electronic notice.
(4)
Notice to interested parties. By mailing a notice thereof to any registered interested party, unless he/she has specifically authorized electronic notice.
(5)
Notice to adjacent owners. By mailing a notice to the owner of every owner/occupant on the same street within 300 feet of the building in question, and of every lot not on the same street within 100 feet of said lot or building; provided that failure to given such notice shall not invalidate any action by the Board or by Council.
(6)
Written notice of said public hearing shall also be conspicuously posted on the affected tract of land at least one week prior to the hearing.
§ 675-56 Amendments.
The Borough Council may, on their own motion or by petition, amend, supplement, change, modify or repeal this chapter, including the Zoning Map, by proceeding in the following manner:
A.
Review by Planning Commission. Every such proposed amendment or change to this chapter shall be referred to the Planning Commission for review at a public hearing prior to public hearing before Council. If the Planning Commission fails to file a report within 30 days of referral, it shall be deemed approved and recommended by the Planning Commission.
B.
Referral to Allegheny County economic development. Every such proposed amendment or change to this chapter shall be referred to the County Planning Agency in a manner consistent with the MPC.
C.
Public hearing. The Council shall fix the time and place of a public hearing on the proposed amendment after the applicable review period by the Planning Commission and the County Planning Agency. The hearing shall be publicly advertised at least 14 days prior to the hearing in a newspaper of general circulation. The notice shall state the time and place of the hearing and the general purpose. Such notice shall comply with the public notice and MPC requirements.
D.
Hearing. At the public hearing, those wishing to offer comments shall be permitted the opportunity to do so.
E.
Adoption of amendment. The adoption of an amendment shall be by simple majority of the Borough Council.
§ 675-57 Enforcement.
A.
The Borough Zoning Officer shall be responsible for instituting enforcement proceedings, including enforcement proceedings for civil penalties for violations of this chapter.
B.
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 Borough, pay a judgment of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by the Borough 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 Magisterial District Judge. 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 Magisterial District Judge, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to believe 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 Magisterial District Judge, 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.
C.
In case any building, structure 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 may, in addition to other remedies, institute in the name of the Borough any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation of this chapter.