Duties of Code Enforcement Officer. The duties of the Code Enforcement Officer shall include but not be limited to the following:

Appeal from decisions of Code Enforcement Officer. An appeal from a decision or action of the Code Enforcement Officer shall be made directly by a party in interest to the Zoning Hearing Board, and such appeal shall be made within 30 days after notice of the decision is made, or if no decision is made, 30 days after the date when a decision is deemed to have been made, in accordance with the Pennsylvania Municipalities Planning Code, as amended.

Violations.

Requirement for permits. A permit shall be required prior to the erection or alteration of any building, structure or portion thereof, including signs; prior to the use or change in use of a building or land and prior to the change or extension of a nonconforming use or structure.

Application for permits. Application for permits shall be made to the Borough Code Enforcement Officer on such forms as may be furnished by the Borough. Each application shall contain all information necessary to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this chapter.

Issuance of permits.

Expiration of permits. Permits for the erection, razing, change, alteration or removal of a building shall be valid or effective for a period of not more than six months from the date of issuance thereof and shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced within that period and continues with due diligence from that time forward. In no event shall a zoning permit be construed to authorize the development activities for more than a three-year period of time, after which time a new permit must be sought. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted for reasons beyond his or her control and demonstrably not due to his or her own negligence, at the discretion of the Code Enforcement Officer the permit may be renewed without additional cost to the applicant.

Upon completion of the erection or alteration of any building or portion thereof authorized by any permit obtained in compliance with this chapter, the holder of the permit shall notify the Code Enforcement Officer of completion. No permit shall be considered complete or permanently effective until the Code Enforcement Officer has issued a certificate of occupancy certifying that the work has been inspected and approved as being in conformity with the permit and the provisions of this chapter.

Prior to the transfer of ownership, lease or use of property, a certificate of occupancy must be obtained from the Code Enforcement Officer.

A certificate of occupancy shall be granted or refused within 15 days after the Code Enforcement Officer has been notified of completion of construction or within 15 days of application to occupy premises or land.

Borough Council shall establish, by resolution, a schedule of fees, charges, expenses and collection procedures for building permits, certificates of occupancy, sign permits, special exceptions, variances, appeals, amendments and other matters pertaining to this chapter.

A schedule of fees shall be posted in the office of the Code Enforcement Officer and may be altered or amended by Borough Council only.

No action shall be taken on any application for any special exception, variance, appeal or other similar matter pertaining to this chapter until all application fees, charges and expenses have been paid in full.

An ordinance amending, supplementing or changing the district boundaries (Zoning Map) or the regulations established herein may be initiated:

The Borough Council shall submit each proposed zoning amendment, other than one prepared by the Borough Planning Commission, to the Planning Commission at least 30 days prior to any hearing which is to be held on the proposed amendment to provide the Planning Commission with an opportunity to submit its recommendations prior to final action.

Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to public notice. Notice of such hearing shall be published for two successive weeks in a newspaper of general circulation in the Borough and by mailing a notice thereof to the parties in interest and to every resident or association of residents of the Borough who shall have registered their names and addresses for this purpose with the Borough. The first publication shall be not more than 30 days or less than 14 days from the date of the hearing and shall state the time and place of the hearing and the nature of the proposed amendment.

If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include land previously not affected by it, the Borough Council shall hold another public hearing as required by law pursuant to public notice, before proceeding to vote on the amendment.

As required by the Pennsylvania Municipalities Planning Code, at least 30 days prior to the public hearing on the amendment by the Borough, the Borough shall submit the proposed amendment to the County Planning Agency for recommendations.

Creation of the Zoning Hearing Board. A Zoning Hearing Board for the Borough of Media shall be appointed by the Borough Council and shall be authorized to administer all procedures charged to such Boards in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, as amended. Hereinafter, as used in this article, the term "Board" shall refer to the Zoning Hearing Board, and the term "Planning Code" shall refer to the Pennsylvania Municipalities Planning Code.

Membership of the Board.

Removal of members. Any member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority rule of Borough Council, taken after the member has received 15 days' advance written notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member requests it in writing.

Organization of the Board.

Expenditures for services. Within the limits of funds appropriated by the Borough Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Borough Council but in no case shall it exceed the rate of compensation authorized to be paid to members of the Borough Council.

Appeals from the Code Enforcement Officer. The Board shall hear and decide appeals where it is alleged that the Borough Code Enforcement Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this chapter or the Zoning Map, or any valid rule or regulation governing the action of the Code Enforcement Officer.

Applications. Applications for variances or special exceptions shall include as a minimum the following information:

Variances. The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship on the applicant. In granting a variance the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Planning Code and this chapter.

Special exception. The Board shall hear and decide requests for special exceptions authorized by this chapter in accordance with the standards and criteria set forth in § 311.F-11 Standards for Zoning Hearing Board Action below. The Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Planning Code and this chapter.

Challenge to the validity of chapter or map. The Board shall conduct hearings and make decisions and findings in connection with challenges to the validity of any provision of the Zoning Chapter as authorized by Section 910 of the Planning Code.

Upon the filing with the Board of an appeal, an application for a special exception, a variance from the terms of this chapter or a challenge, the Board shall fix a time and place for a public hearing thereon, subject to the provisions of the Planning Code, and shall give notice thereof in accordance with § 311.F-9 Notice Requirements of this chapter.

The Board may establish reasonable fees, based on cost, to be paid by the applicant and by persons requesting any notice not required by this chapter.

The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Board, and any other person, including civic or community organizations permitted to appear by the Board.

The Chairman or acting Chairman of the Board, or the hearing officer presiding, shall have 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.

The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and to cross-examine adverse witnesses on all relevant issues. At the hearings, any party may appear in person, or by agent, or by attorney.

The Board or the 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 unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings with any party or his representatives unless all parties are given an opportunity to be present.

By publishing a notice thereof once each week for two successive weeks in a newspaper of general circulation in the Borough, provided that the first publication shall be not more than 30 or less than 14 days from the date of the hearing.

By mailing or delivering due notice thereof to the applicant and other parties in interest, who shall be at least those persons whose properties adjoin the property in question, or be within a 200-foot radius of the property in question.

By mailing or delivering notice thereof to Borough Council, the Borough Secretary and the Code Enforcement Officer.

By conspicuously posting notice of said hearing on the affected tract of land.

The following requirements shall be observed in the reporting of decisions of the Board:

Decision of the Board shall, include the following elements:

Planning Code criteria for variances.

Standards for review of special exceptions.

For variances. An applicant for a variance shall have the burden of establishing both:

For special exceptions. An applicant for a special exception shall have the burden of establishing both:

Evaluation of the impact of an application on the public interest. In determining whether the allowance of a special exception or variance is contrary to the public interest, the Board shall consider whether the application, if granted, will:

Appeals before the Zoning Hearing Board and to Court. All appeals, applications or challenges which properly come before the Board in accordance with the requirements of the Planning Code, and all appeals to Court shall be subject to the time limitations and requirements of Article X and any other applicable provision of said Code. The proceedings set forth in Article X of the Planning Code shall constitute the exclusive mode for securing review of any ordinance, decision, determination or order of Borough Council, its agencies or officers. Appeal to Court shall be taken to the Court of Common Pleas of Delaware County.

Parties appellant before Zoning Hearing Board. Appeals under Section 909 of the Planning Code and proceedings to challenge an ordinance under Section 910 may be filed with the Board in writing by the landowner affected, any office or agency of the Borough, or person aggrieved. Request for a variance under Section 912 and for a special exception under Section 913 may be filed with the Board by any landowner or any tenant with the permission of such landowner.

Time limitations. No persons shall be allowed to file any proceedings with the Board later than 30 days after any application for development, preliminary or final, has been approved by the 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.

Unified appeals. The Board shall hear unified appeals relating to any Borough ordinance which are brought before the Board in conjunction with a zoning matter over which the Board has jurisdiction in accordance with the requirements of Section 913.1 of the Planning Code.

Stay of proceedings. Upon filing of any proceeding referred to in Section 914 of the Planning Code and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Code Enforcement Officer or of any agency or body, and all official action thereunder shall be stayed unless the Code Enforcement Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the Court having jurisdiction of zoning appeals on petition after notice of the Code Enforcement Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the Court having jurisdiction over zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. The question of whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the Court, as prescribed in Section 916 of the Planning Code.

Within the districts established by this chapter or amendments thereto, there exist certain uses, structures and lots which were lawful before this chapter was enacted or amended, but which do not conform to the provisions of this chapter or amendment thereto. These uses, structures or lots are referred to as nonconformities.

The regulations governing existing nonconforming uses, structures and lots are set forth in this article and are intended to provide a gradual remedy for the undesirable conditions resulting from such nonconformities. While such nonconformities are generally permitted to continue, these regulations are intended to restrict further investment in such nonconformities and to bring about their gradual reduction.

A nonconforming use or structure may be extended, enlarged or altered by special exception if:

Any and all extensions and/or enlargements of a residential structure that is preexisting nonconforming as to the side yard setback shall be allowed to extend such nonconforming structure by right, provided that the following requirements are met to the satisfaction of the Borough:

The area of the nonconforming use or structure for this section shall be defined as the entire gross floor area(s) of the use or structure, which thereby includes the gross floor area(s) of multiple floors.

The applicant shall show that the nonconforming use cannot be reasonably changed to a conforming use.

The applicant shall show that the proposed change will be no more objectionable in external effects than the existing nonconforming use, or will be more appropriate than the existing nonconforming use with regard to:

The reconstructed structure shall not exceed the height, area and volume of the building destroyed or condemned.

Reconstruction of the structure shall commence within one year from the date the structure was destroyed or condemned, unless the Zoning Hearing Board shall authorize a special exception for an extension of this time limit.

On any nonconforming structure or portion of a structure containing a nonconforming use work may be done in any period of six consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by the Code Enforcement Officer to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

Nothing in this chapter shall be construed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the Code Enforcement Officer or other official charged with protecting the public safety.