Milford City Zoning Code
ARTICLE X
Administration and Enforcement
§ 312-63 General procedure.
A.
General sequence of steps.
(1)
Persons desiring to undertake any new construction, structural alteration, or changes in the use of a building or lot shall apply to the Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee.
(2)
The Zoning Officer may, in his or her discretion, require that the application be accompanied by a site plan, showing all existing and proposed structures, drawn to scale by a licensed professional and based upon a survey of the premises. When required, the application will not be considered complete unless and until the site plan has been submitted as indicated herein.
(3)
The Zoning Officer will either issue the zoning permit or will refuse the permit after any necessary review by the Zoning Hearing Board or Borough Council.
(4)
The Zoning Officer will indicate in writing the reason for refusal. If refused a permit, the applicant may appeal to the Zoning Hearing Board for further consideration.
(5)
After the zoning permit has been received by the applicant, he may proceed to obtain other necessary permits and undertake the action permitted by the zoning permit and the other necessary permits and upon completion of such action shall apply to the Zoning Officer for an occupancy permit where such a permit is required.
(6)
If the Zoning Officer finds that the action of the applicant has been taken in accordance with the zoning permit he will then issue an occupancy permit allowing the premises to be occupied.
B.
Zoning permit types. Under the terms of this chapter, the following classes of zoning permits may be issued:
(1)
Permitted uses. A zoning permit for a permitted use may be issued by the Zoning Officer on his own authority.
(2)
Special exceptions. A zoning permit for a special exception may be issued by the Zoning Officer after review by the Planning Commission and hearing before and order of the Zoning Hearing Board.
(3)
Conditional uses. A zoning permit for a conditional use may be issued by the Zoning Officer only upon the order of the Borough Council after a hearing following a review by the Planning Commission.
(4)
Zoning permit after an appeal or a request for a variance. A zoning permit may be issued by the Zoning Officer upon the order of the Zoning Hearing Board only after a hearing held by the Board for the purpose of deciding upon the appeal or a request for a variance.
§ 312-64 Zoning, occupancy and other permits and certificates.
A.
Applications to Zoning Officer. All applications for zoning permits for Permitted, Conditional or Special Uses, for Building and Occupancy Permits, for Certificates of Nonconforming Use, for variances and for interpretations of any fact or provision of this chapter shall be made directly to the Zoning Officer. Such applications shall be in writing and shall include a plot plan drawn to scale showing the location and dimensions of the lot area and of the proposed uses of buildings and/or land. The Zoning Officer, Zoning Hearing Board or Borough Council may require any additional information deemed necessary to properly evaluate the application for the purpose of determining its conformity with this chapter.
B.
Appeals to Zoning Hearing Board. All appeals where it is alleged that the Zoning Officer has made an error shall be filed directly with the Secretary of the Zoning Hearing Board. Such appeals shall be in writing and shall explain fully the facts and parties in the case and shall clearly state the reasons or provisions of the Ordinance on which the appeal is based. An appellant shall have 30 days from the Officer's alleged error in decision in which to make an appeal.
C.
Zoning permits. The purpose of the zoning permit is to determine compliance with the provisions of this chapter, and no person shall erect, structurally alter, or convert any structure, building, or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter, until a zoning permit has been issued by the Zoning Officer.
(1)
Zoning permits shall be issued in triplicate and one copy shall be kept conspicuously on the premises and no person shall perform building operations of any kind unless a zoning permit is being displayed as required by this chapter.
(2)
Permits granted for uses of a temporary or seasonal nature may be limited to the appropriate length of time.
(3)
The Zoning Officer or the Zoning Hearing Board may revoke a Zoning Permit at any time if it appears that the application is in any respect false or misleading, or that work being done upon the premises differs materially from that called for in the application.
(4)
No Zoning Permit shall be issued, except on written order of the Zoning Hearing Board for Special Exceptions and Variances or the Borough Council for Conditional Uses or where the proposed construction, alteration, or use would be in violation of any provision of this chapter.
(5)
Permits are valid for a period of three years. Unless there has been substantial progress in the work for which a Zoning Permit was issued, said permit shall expire one year from the date of issue. Substantial progress means completion of the exterior of the structure within one year of the permit date according to the building plan submitted for the permit. The exterior of any improvement, structure, addition, etc., must be completed within one year of the date of issuance of the permit.
D.
Occupancy permits. The purpose of an occupancy permit is to certify that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
An occupancy permit for the use or occupancy of vacant land or for a change in the use of land or for a change in the use of an existing building shall be applied for and issued before any such land shall be occupied or used or such land or building changed in use. Any change of use which results in a change from a use listed on the District Schedule of Uses to another use listed on the District Schedule of Uses,[1] shall be treated as a new use, and the applicable approvals, including conditional use or special exception approval, shall be required. For example, the conversion of a warehouse building into an auto body shop would not involve new construction; however, the use would be changing and would require a change of use permit.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(2)
In cases where a use changes but remains within the same definition of a use listed on the District Schedule of Uses and no new construction is involved, a certificate of use shall be required for the change in use; however, conditional use approval or special exception approval will not be required. For example, a candy store (over 1,000 square feet gross floor area) changing to a hardware store (over 1,000 square feet gross floor area), both retail businesses as listed on the District Schedule of Uses, would not require conditional use approval, but rather, only a certificate of use issued by the Zoning Officer.
(3)
A copy of the occupancy permit shall be kept upon the premises, and shall be displayed upon request made by any officer of the municipality.
(4)
All applications for occupancy permits shall be in writing on forms to be furnished by the Zoning Officer.
(5)
The Zoning Officer may require that property lines be professionally marked or located to carry out the duties set forth under this section.
E.
Other permits. The Borough requires additional permits specified in other related ordinances and laws. An applicant should check with the Zoning Officer at the time of application for information on other permits which may be required.
F.
Certificate of nonconforming use. The owner of the premises occupied by a lawful nonconforming use or structure may secure a certificate of nonconforming use from the Zoning Officer. Such certificate shall be for the purpose of certifying to the owner his right to continue such nonconforming use.
§ 312-65 Zoning Officer.
A.
Appointment of enforcing officer. This chapter shall be administered and enforced by the Zoning Officer who shall be appointed by the Borough Council. The Borough may also enter into an agreement with any other municipality to appoint one common Zoning Officer and/or staff. The officer and/or staff shall continue to serve the Borough until such time as the Borough Council of the Borough declares otherwise.
B.
Duties and powers.
(1)
The Zoning Officer shall receive and examine all applications required under the terms of this chapter and shall issue or refuse permits within 90 days of the receipt of the application or where applicable shall refer said application promptly to the Zoning Hearing Board or Borough Council which shall act within 90 days of application.
(2)
The Zoning Officer shall issue a written notice of violation to any person, firm, partnership or corporation violating any provisions of this chapter.
(3)
The Zoning Officer shall keep records of applications, of permits, or certificates issued, of variances granted, of inspections made, of reports rendered, and of notice or orders issued, and shall identify and register nonconforming uses and structures, when application is made for such certification or registration, and shall make all required inspections and perform all other duties as called for in this chapter.
§ 312-66 Zoning Hearing Board.
A.
Zoning Hearing Board created. A Zoning Hearing Board is hereby established in accordance with the provisions of the State Act No. 247, the Pennsylvania Municipalities Planning Code,[1] as amended.
(1)
The members of the Zoning Hearing Board shall be residents of the Borough and shall be appointed by the Borough Council to serve for terms as prescribed by law.
(2)
Vacancies occurring in said Zoning Hearing Board by expiration of term or otherwise shall be filled in the same manner.
(3)
The Borough Council may also appoint at least one, but no more than three residents to serve as alternate Zoning Hearing Board members to serve in the manner set forth in the Pennsylvania Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Organization of Zoning Hearing Board. The Zoning Hearing Board shall effect officers and conduct any hearings and take any actions required by the Ordinance and may make rules and forms for its procedure.
C.
Zoning Hearing Board functions.
(1)
The Zoning Hearing Board shall be responsible for the following:
(a)
To hear and decide appeals against any alleged errors or actions of the Zoning Officer.
(b)
To hear and decide all requests for the interpretation of any fact or provision of this chapter.
(c)
To hear and decide all requests for variances.
(d)
To hear and decide all requests for special exceptions which are also referred to herein as special uses in accordance with the standards and criteria set forth in this chapter.
(e)
To hear and decide challenges to the validity of this chapter or Zoning Map, which are within its jurisdiction.
(2)
All findings and decisions of the Zoning Hearing Board shall be in writing and shall be rendered within 45 days after the last hearing or within the time period as set forth in the Pennsylvania Municipalities Planning Code. If the Zoning Hearing Board fails to render such a decision, then the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing to an extension of time.
(3)
The Zoning Hearing Board shall perform such other duties as may be provided or made necessary by this chapter, or by State Act No. 247 adopted on July 31, 1968, as amended, including the interpretation of zoning boundaries, the holding of hearings after proper notice, the referral of any pertinent matter to the Planning Commission for review and recommendations.
(4)
The Zoning Hearing Board shall keep a full public record and a summary of the facts in cases over which it has jurisdiction and shall maintain adequate records on its findings and decisions.
D.
Notice of hearings.
(1)
Notice of all hearings of the Zoning Hearing Board shall be given to the public, the applicant, the Zoning Officer, the Borough Planning Commission, Borough Council and such other persons who have made a timely request for such notice.
(3)
Notice shall be given to the parties by personally delivering or mailing a copy of such publication by mail to the parties listed above or their counsel.
(4)
In addition to the notice provided herein, notice of said hearing shall be conspicuously posted on the affected tract of land in accord with the Pennsylvania Municipalities Planning Code.
E.
Referral to Planning Commission.
(1)
The Zoning Hearing Board shall refer to the Planning Commission all applications for special exceptions, and any other applications or appeals, which in the opinion of the Zoning Hearing Board require review by the Planning Commission.
(2)
In its review, the Planning Commission shall in the case of Special Exceptions determine compliance with the standards and criteria set forth in this chapter, and in all cases shall report, in writing, its findings and recommendations to the Zoning Hearing Board within 30 days of their receiving the request for review.
(3)
The Zoning Hearing Board and Planning Commission shall establish mutually acceptable procedures to assure that the review is accomplished in time to permit the Zoning Hearing Board to make its required decision.
§ 312-67 Variances.
A.
Variance procedure. All requests for variances shall be submitted to the Zoning Officer. The Zoning Officer shall present the variance request to Borough Council to make them aware of the request and to permit a grouping of variance requests for the Zoning Hearing Board to consider. Borough Council may also present its opinion and/or ask the Planning Commission to present their recommendation to the Zoning Hearing Board for their consideration.
B.
Zoning Hearing Board may authorize variances.
(1)
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The Zoning Hearing Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
(a)
That 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 the Zoning Ordinance in the neighborhood or district in which the property is located;
(b)
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is, therefore, necessary to enable the reasonable use of the property;
(c)
That such unnecessary hardship has not been created by the applicant;
(d)
That 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
(e)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(2)
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 the Municipalities Planning Code and this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 312-68 Appeals and public hearings.
A.
Appeal from decision of Zoning Officer. Any person or official of the Borough aggrieved or affected by any provision of this chapter or by any decision, including any order to stop, cease and desist issued by the Zoning Officer, may appeal. Such appeals shall be taken within 30 days of the Zoning Officer's decision by filing with the Zoning Officer and with the Zoning Hearing Board a notice of appeal specifying the grounds therefor.
B.
Expiration of appeal or decision. Unless otherwise specified by the Zoning Hearing Board, a decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary zoning permit, or comply with the conditions of said authorized permit within six months from the date of authorization thereof.
C.
Appeal from decision of Zoning Hearing Board. In case of an appeal from the Zoning Hearing Board to the Court of Common Pleas, the Zoning Hearing Board shall make the return required by law, and shall promptly notify the Borough Solicitor of such appeal and furnish him with a copy of the return, including transcript of testimony. Any offer of the Zoning Hearing Board not appealed within 30 days shall be final.
D.
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Officer certified to the Zoning Hearing Board, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Hearing Board after notice to the Zoning Officer, or by the Court of Common Pleas.
E.
Information required on appeals to the Zoning Hearing Board. All appeals from a decision of the Zoning Officer and applications to the Zoning Hearing Board shall be in writing on forms prescribed by the Zoning Hearing Board, if available. Every appeal or application shall include, at a minimum, the following:
(1)
The name and address of the applicant, or appellant.
(2)
The name and address of the owner of the zone lot to be affected by such proposed change or appeal.
(3)
A brief description and location of the zone lot to be affected by such proposed change, or appeal.
(4)
A statement of the present zoning classification of the zone lot in question, the improvements thereon and the present use thereof.
(5)
A statement of the section of this chapter under which the appeal is made, and reasons why it should be granted, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed, and the reasons for this appeal.
(6)
A reasonably accurate description of the present improvements, and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, material, and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereof and proposed to be erected thereon.
§ 312-69 Amendments.
The Borough Council may amend this chapter by complying with the requirements set forth in Article VI of the Pennsylvania Municipalities Planning Code. A landowner who desires to challenge on substantive grounds the validity of an ordinance or 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 § 10609.1 and § 10916.1 of the Pennsylvania Municipalities Planning Code.
§ 312-70 Violations.
A.
Compliance. Failure to comply with any provision of this chapter; failure to secure or comply with a decision of the Borough Council or Zoning Hearing Board; or the failure to secure a permit, when required, prior to or (when ordered) after the erection, construction, extension, or addition to a building or prior to or after the use or change of use of land; or failure to secure a certificate of occupancy, shall be violations of this chapter.
B.
Complaints. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Officer, who shall record receipt of the said complaint and investigate and report thereon.
C.
Enforcement notice. When written notice of a violation of any of the provisions of this chapter is served by the Zoning Officer, personally or by certified mail, in the manner prescribed by § 10616.1 of the Pennsylvania Municipalities Planning Code and set forth in this Subsection C, such violation shall be discontinued or corrected as set forth in said notice.
(1)
If it appears to the Borough that a violation of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in Subsection C(2).
(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 notices 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 municipality 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 provisions of the ordinance.
(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 chapter.
(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.
(5)
Any filing fee 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.
§ 312-71 Penalties and remedies.
A.
Causes of action. 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 any provisions 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 Borough 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.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated or permitted the violation of any 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 this chapter 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 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.
(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 section 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 section.
§ 312-72 Fees.
A.
Application fees. As authorized by § 10617.3(e) and § 10908(1.1) of the Pennsylvania Municipalities Planning Code, the Borough Council shall by resolution establish a uniform schedule of fees, charges and expenses, as well as a collection procedure, for zoning permits, sign permits conditional use permits, Zoning Hearing Board proceedings and other matters pertaining to this chapter. Permits, certificates, conditional use permits, special exception permits and variances shall be issued only after all fees have been paid in full; and, the Zoning Hearing Board shall take no action on appeals until all fees have been paid in full.
B.
Stenographer fees. The appearance fee for a stenographer shall be shared equally by the applicant and the Borough as required by § 10908(7) of the Pennsylvania Municipalities Planning Code. The cost of the original transcript shall be paid by the Borough if the transcript is ordered by the Borough or shall be paid by the person appealing from the decision of the Borough if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.
C.
Professional service fee. Any permit or action which shall require the Borough to engage a professional for more service than is usually required in the processing of a permit, those fees shall be paid by the applicant before the permit is granted or the action consummated.
D.
Failure to pay fees. Failure to pay the appropriate fees as described herein shall be sufficient grounds to defer action on any application or, upon notice, to deny such application.