Mohnton City Zoning Code
PART 11
ADMINISTRATION
§ 27-1100 Zoning Officer.
[Ord. No. 264, 7/23/1962; as amended by Ord. No. 515, 6/10/1992; and by Ord. No. 841, 8/12/2015]
1.
Appointment. A Zoning Officer shall be appointed by Borough Council to administer and enforce this chapter. The Zoning Officer shall not hold any elective office in the Borough. The Zoning Officer shall meet qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough Council a working knowledge of municipal zoning.
2.
Duties and Powers. It shall be the duty of the Zoning Officer to enforce the provisions of this chapter and the amendments thereto, and he shall have such duties and powers as are conferred on him by this chapter and as are reasonably implied for that purpose. The Zoning Officer's duties shall include, but are not limited to, the following:
A.
Review applications for permits as set forth in this chapter.
B.
Keep a record of all official business and activities, including complaints of a violation of any of the provisions of this chapter and of the subsequent action taken on each such complaint. All such records shall be open to public inspection. File copies of all applications received, approvals issued, and reports and inspections made in connection with any structure, building, sign and/or land shall be retained as long as the structures, etc., remain in existence.
C.
Make inspections as required to fulfill his duties. In doing so, however, he shall first seek the permission of the landowner or tenant, and, in the event such permission cannot be voluntarily obtained, he shall have the right to take such other legal means as are authorized under the law.
D.
Issue approvals for buildings, structures, and land uses for which subdivision and land development approval is required only after all necessary approvals have been secured and plans recorded.
E.
Issue approvals for special exception uses or for variances only after a special exception or variance has been approved by the Zoning Hearing Board in accordance with the regulations of this chapter and the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
Issue approvals for buildings requiring approval by the Pennsylvania Department of Labor and Industry only after such approval has been secured. Issue approvals for a use involving an access point requiring Pennsylvania Department of Transportation approval only after such approval has been secured.
G.
Be responsible for keeping this chapter and the Official Zoning Map up to date so as to include all amendments thereto.
H.
Issue certificates of use and occupancy in accordance with the terms of this chapter.
I.
Send enforcement notices as provided for in this chapter.
J.
Submit a monthly report of his activities to the Borough Council and Borough Planning Commission and, where appropriate, submit a report to the Zoning Hearing Board.
K.
Institute civil enforcement proceedings as a means of enforcement when acting within the scope of the Officer's employment, when authorized by the Borough Council.
§ 27-1101 Permits.
[Ord. No. 264, 7/23/1962; as amended by Ord. No. 515, 6/10/1992; and by Ord. No. 841, 8/12/2015]
1.
Requirements. No building, structure, or sign shall be erected, constructed, assembled, extended, reconstructed, replaced, demolished, converted, moved, added to or structurally altered, nor shall land, buildings and structures be put to any use or have the use for which they are used changed, without a permit therefor issued by the Zoning Officer. No such permit shall be issued unless there is conformity with the provisions of this chapter, except upon written order from the Zoning Hearing Board in the form of a variance or upon order from any court of competent jurisdiction.
2.
Application Procedures. The application for a permit shall be submitted to the Zoning Officer in writing on a form prescribed by the Borough. The application shall be submitted by the owner or lessee of any building, structure or land or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization from the owner or lessee authorizing the work and designating the agent. The application shall be accompanied by two sets of at least the following information:
A.
A plan of the lot in question, drawn to scale, indicating the lot size and showing all dimensions of lot lines and the exact location(s) on the lot of all existing and proposed buildings, fences, signs, structures and alterations to buildings or structures.
B.
The use, height, length, width and proportion of the total lot area covered of all proposed and existing buildings, structures and additions or alterations to buildings or structures, and the height, length, width and design of all signs.
C.
A statement indicating the number of dwelling units and/or commercial or industrial establishments to be accommodated within existing and proposed buildings on the lot. In the case of commercial and industrial uses, the floor area to be devoted to each use shall be indicated.
D.
The location, dimensions and design of parking and loading areas, including the size and arrangement of all spaces and means of ingress, egress and interior circulation, recreation areas, screens, buffer yards and landscaping, means of egress from and ingress to the lot, routes for pedestrian and vehicular traffic, and provisions for outdoor lighting.
E.
The location of all utility lines.
F.
Name and address of the applicant and the owners of the real estate involved and a description of and location of the real estate involved.
G.
All other information necessary for the Zoning Officer to determine conformance with and provide for enforcement of this chapter.
3.
Approval or Disapproval. Upon receipt of the permit application and all accompanying information, the Zoning Officer shall examine them and determine compliance with this chapter. Within 20 days from the date the Officer receives the application, a copy of the application and accompanying information containing the Zoning Officer's decision with respect to compliance with this chapter shall be returned to the applicant. A copy shall be retained by the Zoning Officer. The permit shall expire six months from the date of approval of the application by the Zoning Officer, provided that it may be extended at the discretion of the Zoning Officer for a period not exceeding one year. If disapproved, the Zoning Officer shall attach a statement to the application explaining the reasons therefor, indicating the manner in which the application could be corrected and/or modified to obtain approval, and informing the applicant of his rights to appeal.
4.
The Zoning Officer shall revoke a permit issued under the provisions of the chapter in case of any false statement or misrepresentation of fact in the application on which the approval was based, or for any other cause set forth in the chapter.
§ 27-1102 Certificate of Use and Occupancy.
[Ord. No. 264, 7/23/1962; as amended by Ord. No. 515, 6/10/1992; and by Ord. No. 841, 8/12/2015]
1.
Requirements. It shall be unlawful to use and/or occupy any building, structure or land, or portion thereof, for which a permit is required until a certificate of use and occupancy has been issued by the Borough. A certificate of use and occupancy shall not be issued unless such building, structure or land has been inspected by the Zoning Officer and he has determined that all provisions of this chapter have been complied with.
2.
Issuance. Upon receipt of written notification that the applicant is ready to use and occupy the premises for which a permit has been issued, the Zoning Officer shall inspect the premises within 10 days to determine compliance with the approved application and this chapter. If in compliance, he shall approve and sign a certificate of use and occupancy for the use indicated on the approved application. A copy of the certificate of use and occupancy shall be retained by the Zoning Officer as part of the Borough records. If he finds that the work has not been performed or that the use of the premises does not comply with the approved application and this chapter, the Zoning Officer shall refuse to approve and sign the certificate of use and occupancy and, in writing, give the reasons therefor and inform the applicant of his right of appeal.
3.
Temporary Certificate of Use and Occupancy. The Zoning Officer may issue a temporary certificate of use and occupancy for such temporary uses as tents, trailers, and buildings on construction sites. The Zoning Hearing Board may authorize as a special exception a temporary certificate of use and occupancy for a structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the Borough, provided that such structure or use shall be completely removed upon expiration of the temporary certificate without cost to the Borough. Such temporary certificates shall be for the period of time to be determined by the Zoning Officer or Zoning Hearing Board, as applicable, at the time of application, but in no case shall any certificates, except those for uses on construction sites, be issued for more than six months.
§ 27-1103 Schedule of Fees, Charges and Expenses.
[Ord. No. 264, 7/23/1962; as amended by Ord. No. 515, 6/10/1992; and by Ord. No. 841, 8/12/2015]
The Borough Council shall establish, by resolution, a schedule of fees and charges for uses, amendments to this chapter and other matters pertaining to this chapter. A collection procedure shall also be established. Until all application fees and charges have been paid in full, no action shall be taken on any application or other matter relating thereto.
§ 27-1104 Fees.
[Ord. 264, 7/23/1962, § 1104]
Fees for permits shall be paid in accordance with a fee schedule to be adopted by Borough Council, and all such fees shall be paid into the Borough Treasury. Each applicant for an appeal, special exception, or variance shall, at the time of making application, pay a fee, in accordance with the aforementioned fee schedule, for the cost of advertising and mailing notices as required by this chapter and the rules of the Zoning Hearing Board.