Monaca City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 245-79 Administrative officer; powers and duties.
This chapter shall be administered by the Zoning Officer. The Borough Council shall appoint a Zoning Officer who shall not hold any elective office of the Borough.
A.
The Zoning Officer shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
B.
The Zoning Officer shall have the following powers and duties:
(1)
To interpret the literal meaning of this chapter and to interpret the Official Zoning Map with regard to any application filed or any question posed regarding the meaning or intent of this chapter. No other individual or entity, except the Borough Solicitor or Borough Engineer in consultation with the Zoning Officer, shall render a literal interpretation of this chapter.
(2)
To receive applications for zoning, sign and occupancy permits; to receive applications for conditional uses, special exceptions and variances and forward them to either the Borough Council, the Planning Commission or the Zoning Hearing Board, as appropriate; and to receive applications for development within a floodplain.
(4)
To issue permits for zoning, sign and occupancy when such applications are in compliance with the provisions of this chapter.
(5)
To prepare certificates of zoning and certificates of nonconformity when requested by the owner of record.
(6)
To prepare certificates of conditional use when an application for conditional use has been approved by the Borough Council.
(9)
To identify and register any nonconformities if ordered by the Borough Council.
(10)
To make all required inspections necessary to ensure compliance with this chapter or, subject to the approval of the Borough Council, engage such expert opinion as he may deem necessary to determine compliance with this chapter.
(11)
To annually submit to the Borough Council and the Planning Commission a complete report of development which occurred in the previous year within the Borough. A report of all construction, subdivisions, conditional uses, Zoning Hearing Board proceedings, occupancy permits, sign permits and floodplain development permits, in addition to other relevant information prescribed by the Borough Council, shall be prepared by the Zoning Officer.
(12)
To revoke by order a zoning, sign or occupancy permit issued under a mistake of fact or contrary to the provisions of this chapter as prescribed in § 245-82.
(13)
To maintain the Official Zoning Map and any overlay areas for all of the land within the Borough.
(14)
To present facts, records or information upon the request of the Borough Council, the Planning Commission or the Zoning Hearing Board to assist them in making decisions.
(15)
To attend meetings with the Borough Council in a manner prescribed by the Borough Council.
(16)
To attend meetings with the Planning Commission or any other agency or individual as prescribed by the Borough Council.
(17)
To maintain an orderly system of records and documents pertaining to all zoning, subdivision and development issues within the Borough. Applications and permits issued for said zoning, subdivision and development shall be open to the public for inspection.
§ 245-80 Preliminary opinion.
A.
In order not to unreasonably delay the time when a landowner may secure assurance that the ordinance and/or map under which he has proposed to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome, the landowner may advance the date from which time for any challenge to the ordinance and/or map will run under § 245-96B.
(1)
If the landowner decides to seek a preliminary opinion, he shall submit to the Zoning Officer plans and other materials describing his proposed use or development for a preliminary opinion as to their compliance with the applicable ordinance and map. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a building permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a preliminary opinion as to its compliance.
(2)
The Zoning Officer shall render a written decision within 30 days from the submission of an application for preliminary opinion.
(3)
If the Zoning Officer's preliminary opinion is that the use or development complies with the ordinance or map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall include a general description of the proposed use or development and its location identified by both street address and tax parcel number, and the place and times where the plans and other materials may be examined by the public.
(4)
When favorable preliminary approval has been given by the Zoning Officer, the time specified for commencing a proceeding with the Zoning Hearing Board shall run from the time when the second notice thereof has been published (see § 245-96B).
(5)
If the Zoning Officer does not render a favorable preliminary opinion, he shall notify the applicant, in writing, of his decision and the basis for reaching such decision.
B.
A fee for the application for preliminary opinion may be prescribed by the Borough Council. Such a fee may be revised from time to time through resolution by the Borough Council. If a fee is prescribed, it shall be submitted by the applicant to the Borough in conjunction with the application for preliminary opinion.
§ 245-81 Permits required.
[Amended 9-28-2010 by Ord. No. 918]
A.
The Borough or the Borough acting through the Zoning Officer may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this chapter or the Subdivision and Land Development Ordinance,[1] as amended, of Monaca Borough.
(1)
This authority to deny such a permit or approval shall apply to any of the following applications:
(a)
The owner of record at the time of such violation;
(b)
The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation;
(c)
The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation; and/or
(d)
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(2)
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Borough or the Borough acting through the Zoning Officer may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.
B.
Zoning permit. A zoning permit shall be required prior to the erection, addition or alteration of any building or portion thereof to ensure that such buildings conform to all requirements of this chapter. No person shall begin the construction, reconstruction, addition to or excavation of any building or structure without first obtaining a zoning permit from the Borough of Monaca.
(1)
Specifically, zoning permits are required for the following types of activities:
(a)
The construction of a new building or structure;
(b)
The excavation of a foundation for a building or structure;
(c)
The reconstruction of an existing building or structure;
(d)
Additional construction of existing buildings or structures which increases the exterior dimensions of an existing building or structure;
(e)
Constructing an additional floor of any existing building or structure;
(f)
Constructing or placing on the property any accessory building such as a shed or garage;
(g)
Moving or relocating any interior walls or doors;
(h)
Enclosing a porch, regardless of whether the porch becomes completely enclosed;
(i)
Constructing a deck, patio or porch;
(j)
Constructing an exterior ramp which is in excess of 20 square feet;
(k)
Changing the pitch of a roof; or
(l)
Moving a mobile home, manufactured home or modular home onto any land within the Borough.
(2)
No zoning permit shall be required for the following types of activities:
(a)
Routine exterior maintenance such as replacing existing windows or doors, painting, replacing siding such as aluminum or vinyl which does not increase the exterior dimensions of the building and/or replacing shingles or roof wood;
(b)
Routine interior maintenance such as painting, replacing carpet or existing floor boards, and/or changing doors;
(c)
Constructing a sidewalk; or
(d)
Constructing steps or a stoop not in excess of 24 square feet.
(3)
No building or portion thereof shall be erected, added to or altered until an application for a zoning permit for said erection, addition or alteration has been issued. Applications may be filed by the owner or his authorized agent and shall be on forms provided by the Borough. At a minimum, all applications shall include a scale drawing specifying dimensions of the lot and the building to be constructed, the use and location of any existing buildings and the use and location of any proposed buildings, any existing easements or rights-of-way that traverse the lot, the location of any on-lot well or septic system, the location of any driveway or parking areas, the names of surrounding property owners, the location of adjacent roads (public or private) or highways, the location of any streams or lakes or other bodies of water, the location of the one-hundred-year floodplain or a note indicating the absence of the one-hundred-year floodplain, copies of required state and/or federal permits and other information deemed necessary by the Zoning Officer to correctly arrive at a decision with regard to the requirements of this chapter.
(a)
With respect to very minor additions or modifications to an existing building, the Zoning Officer shall have the authority to waive some of the above-specified requirements where such omission will not affect the decision of the Zoning Officer concerning the legality of issuing a permit.
(b)
When an addition or alteration will be constructed above existing floor space, a floor plan of such space as well as architectural profiles shall be submitted in addition to the above-specified plot plan.
(4)
A zoning permit shall only be issued if the Zoning Officer determines that the proposed building or structure complies with all applicable provisions of this chapter.
(5)
The Zoning Officer shall act within 30 days of receipt of an application for a zoning permit. Applications that are incomplete or that are not submitted with the required fee will be either returned to the applicant or the Zoning Officer shall inform the applicant of such deficiency. An application shall not be considered to be officially submitted unless and until all of the required information and the fee have been submitted. The above-mentioned thirty-day review period shall begin on the day that the application is deemed to be complete. The failure of the Zoning Officer to act within 30 days of receipt of an application, once the application is complete and the required fee is submitted, will result in deemed approval unless the applicant has requested, in writing, an extension to the thirty-day review period.
(6)
A fee for the application for a zoning permit may be prescribed by the Borough Council. Such a fee may be revised from time to time through resolution by the Borough Council. If a fee is prescribed, it shall be submitted by the applicant to the Borough in conjunction with the application for a zoning permit. Additionally, a fee for the zoning permit may be prescribed by the Borough Council. Such a fee may be revised from time to time through resolution by the Borough Council. If a fee is prescribed, it shall be submitted by the applicant at the time of application for a permit. If for any reason the application for a zoning permit is denied, the fee for the zoning permit (but not the application fee) will be returned to the applicant.
(7)
A zoning permit that has been issued by the Zoning Officer shall be valid for one year from the date the permit was approved.
(a)
If the construction that is allowed by the permit is not completed within the above-specified one-year period, the permit issued will become null and void. At the expiration of this one-year period, the applicant shall submit another application for a zoning permit in conformance with the administrative guidelines in § 245-81 of this chapter.
(b)
A change in this chapter text and/or map shall not affect a building or structure that has exceeded the above-said one-year time limitation of the zoning permit for three years, measured from the initial date of the zoning permit, if the owner or the authorized agent of the building or structure obtains another zoning permit as prescribed above.
(c)
Buildings and/or structures that are not completed within three years from the date the original zoning permit was issued will be subject to any changes in this chapter text and/or map. Additional construction, regardless if approved on the original permit, shall conform to the revised zoning text and/or map. If such a rule shall place an unnecessary hardship on the owner, the owner may request a variance from the Zoning Hearing Board.
(d)
If the construction described above was preceded by and only permitted following the required approval of a subdivision or land development, the three-year limitation for changes to this chapter text and/or map affecting said construction shall be measured from the date preliminary approval was granted for the subdivision or land development. If no preliminary approval was granted, the date shall be measured from the date final approval was granted for the subdivision or land development.
(8)
An application for a zoning permit which is denied by the Zoning Officer shall be returned to the applicant along with a written response stating the specific sections of this chapter that the application failed to meet.
(9)
Appeals of the determination of the Zoning Officer shall be heard by the Zoning Hearing Board in accordance with Article XIII of this chapter.
(10)
When a zoning permit has been issued, it shall be the duty of the Zoning Officer, or his duly appointed representative, to make the following minimum number of inspections. Each inspection shall be recorded in written fashion and shall indicate the time and date of the inspection and the findings of the Zoning Officer with respect to the conformance of the construction with the permit issued.
(a)
Before construction begins, the Zoning Officer shall inspect the site to ensure that the construction will comply with the permit issued. The Zoning Officer may employ any method necessary, such as requiring the staking-out of the exterior dimensions of the building or stricture and/or the building lot, to determine if the actual construction will comply with the permit issued.
(b)
At the completion of construction, the Zoning Officer shall inspect the site to ensure that the completed construction is in full compliance with the permit issued.
(c)
The Zoning Officer, if he thinks it necessary, may conduct additional inspections to ensure that the construction conforms to the permit issued.
(d)
If the Zoning Officer discovers during any inspection that the actual construction does not conform to the permit issued, a written notice of the violation shall be issued by the Zoning Officer. At a minimum, the Zoning Officer shall issue an enforcement notice as prescribed in § 245-84. The Zoning Officer may also issue a stop-work order as prescribed in § 245-85.
C.
Occupancy permit. An occupancy permit shall be required of all building and/or land as specified in this subsection to ensure that the proposed occupants of said building and/or land and the building itself and/or land itself conform to all of the requirements of this chapter.
(1)
An occupancy permit shall be required for the following:
(a)
Occupancy of a newly constructed or erected building, including single-family residential dwellings and mobile homes.
(b)
Occupancy and/or use of unimproved or vacant land.
(c)
Change in the use of unimproved or vacant land except to another use of the same type.
(d)
Any change in use of nonconforming use to a conforming use.
(e)
Any approved home occupation.
(f)
Any conversion of a single-family detached residential dwelling, or any part thereof, to a multifamily residential dwelling or any conversion of a multifamily residential dwelling to a single-family detached residential dwelling shall obtain an occupancy permit.
(2)
Administration.
(a)
A certificate of occupancy, either for the entire or part of a new building or for the structural alteration of an existing building, shall be applied for in conjunction with the application for a zoning permit and shall be issued within 15 days after the erection or alteration of such building or part thereof is completed and after due inspection by the Zoning Officer shows the same to be in conformance with the provisions of this chapter.
(b)
A certificate of occupancy for the use or occupancy of vacant land or for a change of use in an existing building shall be applied for and issued before any such land or building shall be occupied, used or changed in use, and such certificate of occupancy shall be issued within 15 days after the application has been made, provided that such proposed use is in conformance with the provisions of this chapter and the Zoning Officer has inspected said land or building.
(c)
Applications may be filed by the owner or his authorized agent and shall be on forms provided by the Borough. The Zoning Officer shall act within the time limits prescribed above. Applications that are incomplete will be returned to the applicant. The failure of the Zoning Officer to act within the time limits prescribed above, if the application submitted was complete, will result in deemed approval.
(d)
A fee for the application for an occupancy permit may be prescribed by the Borough Council. Such a fee may be revised from time to time through resolution by the Borough Council. If a fee is prescribed, it shall be submitted by the applicant to the Borough in conjunction with the application for an occupancy permit. Additionally, a fee for the occupancy permit may be prescribed by the Borough Council. Such a fee may be revised from time to time through resolution by the Borough Council. If a fee is prescribed, it shall be submitted by the applicant at the time of application for a permit. If for any reason the application for an occupancy permit is denied, the fee for the occupancy permit (but not the application fee) will be returned to the applicant.
(e)
Occupancy permits shall remain valid so long as none of the conditions listed in Subsection C(1) requires the application of a new occupancy permit.
(f)
An application for an occupancy permit which is denied by the Zoning Officer shall be returned to the applicant along with a letter stating the specific sections of this chapter that the application failed to meet. Until the conditions of the Zoning Officer are adhered to, the applicant may not occupy the building or part thereof or instruct any other individual, partnership or corporation to occupy the building.
§ 245-82 Revocation of permits.
Any construction, occupancy, use or other activity which is authorized by any permit in this chapter may be revoked by the Zoning Officer as prescribed by the procedures outlined in this section.
A.
The Zoning Officer shall be the only individual authorized to revoke any permit issued under the authority of this chapter. If necessary, the Zoning Officer may consult with the Borough Solicitor, Borough Engineer or other individuals to determine if a permit should be revoked.
B.
Any permit issued by the Zoning Officer may be revoked if the construction, occupancy, use or other activity which is authorized by said permit deviates or does not conform to the specifications and regulations under which said permit was issued. Additionally, if the applicant either falsifies, conceals or misrepresents information to obtain any permit, the Zoning Officer may revoke said permit.
C.
If the Zoning Officer decides to revoke a permit, the following procedure shall be used:
(1)
The Zoning Officer shall meet or communicate by letter or telephone with the alleged violator to allow the alleged violator an opportunity to answer questions regarding the alleged violation.
(2)
If the Zoning Officer, after considering the response of the alleged violator, decides that the permit should be revoked, he shall notify the alleged violator in writing.
D.
Permits that are revoked by the Zoning Officer which are brought into conformance with the original specifications and regulations of the permit issued or meet the required specifications of this chapter will be reissued without additional fee if either such conformance occurs within 30 days from when the permit was revoked or if the revocation of the permit is appealed by the applicant to the Zoning Hearing Board within the prescribed time limitations and the Zoning Hearing Board decides in favor of the applicant, the permit shall be reissued within five days from the date of the decision of the Board; if the Board finds in favor of the Borough, such conformance occurs within 30 days from the date of the decision of the Board.
E.
Permits which are revoked and not acted upon by the applicant as prescribed above shall be required to submit a new application and applicable fee for said application.
F.
Permits that are issued in error by the Zoning Officer, if the errant issuance of said permit is completely the fault of the Zoning Officer or other Borough agents, may be revoked within the thirty-day appeal period as outlined in § 245-96A. If such an errantly issued permit is not revoked within the thirty-day appeal period, the decision to revoke the permit shall be determined by the Borough Council after consultation with the Borough Solicitor and the Zoning Officer. When arriving at such a determination, the Borough Council shall consider existing Pennsylvania case law which is precedent setting for such occurrences.
§ 245-83 Other administrative certificates.
A.
Certificate of zoning. Such a certificate shall be prepared by the Zoning Officer on standardized forms when requested by the official owner of record.
(1)
This certificate shall officially state the zoning district classification of a lot or parcel as determined by the Zoning Officer.
(2)
This certificate does not guarantee future compliance with zoning regulations or zoning districts as amendments to this chapter may invalidate such certificates.
(3)
There shall be no charge for preparation of one copy of the certificate of zoning for the owner of record. The Borough Council may through resolution adopt a fee for the preparation of multiple official copies of the certificate.
B.
Certificate of conditional use. This certificate shall be prepared by the Zoning Officer on standardized forms if a conditional use application is approved by the Borough Council.
(1)
This certificate shall be prepared and delivered to the applicant within 15 days from the date of approval by the Borough Council.
(2)
The certificate does not guarantee future compliance with zoning regulations or zoning districts as amendments of this chapter may invalidate such certificates.
(3)
There shall be no charge for preparation of one copy of the certificate of conditional use for the applicant. The Borough Council may through resolution adopt a fee for the preparation of multiple official copies of the certificate.
C.
Certificate of nonconformity. This certificate shall be prepared by the Zoning Officer on standardized forms if requested by an owner of record. If so ordered by the Borough Council, the Zoning Officer shall register all nonconforming uses, lots, buildings and/or structures which exist within the Borough.
(1)
This certificate shall state the specific conditions of the use, lot, building and/or structure which do not conform to the regulations of this chapter.
(2)
There shall be no charge for preparation of one copy of the certificate of nonconformity for the owner of record. The Borough Council may through resolution adopt a fee for the preparation of multiple official copies of the certificate.
§ 245-84 Enforcement notices.
If it appears to the Zoning Officer that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice. In addition, if the violation is a building violation which is in progress, a stop-work order as prescribed in § 245-85 may be issued.
A.
The enforcement notice shall be sent to the owner of record of the parcel or lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding the parcel or lot and to any other person requested, in writing, by the owner of record. Enforcement notices shall be sent via certified United States mail.
B.
The enforcement notice shall state the following:
(1)
The name of the owner of record and any other person against whom the Borough intends to take action.
(2)
The location of the property in violation referenced by tax parcel number, street address, or both.
(3)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5)
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 Article XIII.
(6)
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.
C.
The Zoning Officer may institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment. Before instituting civil enforcement proceedings, the Zoning Officer shall consult the Borough Solicitor and Borough Council.
§ 245-85 Stop-work orders.
If it appears to the Zoning Officer that a building violation of this chapter is occurring, the Zoning Officer shall initiate stop-work order proceedings. In this instance, the stop-work order takes the place of the enforcement notice proceedings outlined in § 245-84.
A.
A stop-work order is appropriate when a building, sign and/or other structure is presently being constructed without the necessary permits authorized under this chapter or a building, sign and/or other structure is being constructed not in conformance with the specifications under which a permit was issued.
B.
The stop-work order shall be sent to the owner of record of the parcel or lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding the parcel or lot and to any other person requested, in writing, by the owner of record. Stop-work orders shall be sent via certified United States mail.
C.
The stop-work order shall state:
(1)
The name of the owner of record and any other person against whom the Borough intends to take action.
(2)
The location of the property in violation referenced by tax parcel number, street address, or both.
(3)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(4)
The date when construction of the building, sign and/or structure must cease and the date before which the proper permits must be obtained or adhered to.
(5)
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 Article XIII.
(6)
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.
D.
In addition to the written stop-work order, the Zoning Officer may post the parcel or building, sign or structure on which the violation is occurring with a stop-work order. Before posting a stop-work order, the Zoning Officer shall consult the Borough Solicitor.
E.
The Zoning Officer may institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment. Before instituting civil enforcement proceedings, the Zoning Officer shall consult the Borough Solicitor and Borough Council.
F.
Upon proper correction of the violation and receipt of written notice from the Zoning Officer, construction may proceed.
§ 245-86 Multiple applications and permits required.
A.
When a development is proposed by a landowner which must be processed as either a conditional use or a special exception, it is advantageous to the applicant to include all components of the development in one application for a conditional use or a special exception. If all components of a development are not included in the original application (i.e., signs, lighting, etc.) and the applicant proposes additional components of a development which are not included in the original plan but are still governed by conditional use or special exception provisions of the chapter, the applicant shall proceed with another conditional use or special exception, as appropriate.
B.
When approval is given to an applicant by the Borough Council through a conditional use or by the Zoning Hearing Board through a special exception, zoning, occupancy, sign and other required permits must still be obtained by the applicant before commencing any construction, development or use of land governed by said permits.
C.
In certain instances, both a conditional use or special exception and a subdivision/land development approval are required for proposed development plans. In such cases, both a conditional use or a special exception and a subdivision/land development must be approved by the appropriate government review agencies for the applicant to proceed with the proposed development plans.
D.
Approval by any Borough branch of government for any development plan, whether it be the approval of a conditional use, special exception and/or a subdivision/land development plan, does not guarantee that the applicant will be permitted to legally proceed with the proposed development plans when other state and federal agencies are involved in the approval of the development process. It is the responsibility of the applicant to determine what other governmental agencies are required to be involved in the review and permitting of the proposed development plans.