Mount Oliver City Zoning Code
ARTICLE 1100
Permits and Applications
WHEN? |
When is Borough review and approval required and how are they accomplished? The Borough utilizes application processes that allow for the meaningful review and consideration of zoning permits, including approvals for conditional uses and special exceptions. |
§ 260-1101 Zoning permit.
It shall be unlawful for any person to commence work for the erection or alteration of any building or for a change in land use until a zoning permit has been duly issued therefor. No such zoning permit shall be required in case of normal maintenance activities, minor repairs, and alterations which do not structurally change a building or structure. A zoning permit shall be required prior to any of the following actions:
The erection, addition, or alteration of any building or portion thereof.
The erection, addition, or alteration of any fence or accessory structure.
The erection, addition, or alteration of a sign.
The use or change of use of a building or land.
The change or extension of a nonconforming use.
Application for permits. All applications for a permit shall be made to the Zoning Officer on a form provided by the Borough Office and shall conform to the following requirements. A copy of all permit application materials shall be returned to the applicant when such plans have been reviewed and acted upon by the Zoning Officer.
Name, address and telephone number of applicant.
A note indicating what Zoning District(s) the property is located in.
Scaled drawings in a digital format indicating:
The actual shape and dimensions of the lot to be built upon.
The exact size and location of any buildings existing on the lot.
The required building setback lines, per applicable section of this chapter.
The footprint and dimensions of any proposed building or structure, with its location on the lot accurately shown.
The existence and intended use of each building or part of a building.
The number of dwelling units the building is designed to accommodate.
Name of the person, firm, corporation, or associations erecting building, structure or use, if different from the applicant.
Written consent of the owner of the building, structure, or land to or on which the building, structure or use is to be located.
Other information as required by the Zoning Officer to demonstrate full compliance with this chapter and all other codes and ordinances of the Borough of Mount Oliver.
All applicable permits fees, as established by resolution by the Mount Oliver Borough Council, shall be paid.
Issuance of permits. No permit shall be issued until the Zoning Officer has certified that the proposed use of land, building, addition, alteration, sign, or other design feature complies with all the applicable provisions of this chapter, as well as the provisions of all other applicable ordinances. A zoning permit issued in error shall become null and void.
Time frame for Zoning Officer action. The Zoning Officer shall complete the review of the zoning permit application within 30 days of the receipt of a complete application.
Permit validity. Unless construction shall have been commenced within one year of the permit issuance date, any permit issued hereunder shall become void 12 months after said issuance date.
§ 260-1102 Conditional use applications.
Where provided for in this chapter, the Borough Council shall hear and decide requests for conditional uses in accordance with stated standards and criteria. In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. The Board may grant approval of a conditional use, provided that the applicant complies with the following standards for conditional uses as set forth in applicable sections of this chapter, and that the proposed conditional use shall not be detrimental to the health, safety, or welfare of the neighborhood.
The applicant shall submit a conditional use application on a form provided by the Borough Office and eight copies of a site plan, containing the required information, as part of the application for conditional use. Said site plans shall remain with the Borough Council and in the Borough's files for its use and review as necessary. The site plan shall contain sufficient information, studies, and other data to demonstrate compliance with all applicable regulations.
The Borough Council shall conduct a public hearing pursuant to public notice as defined in Article 200, Terminology, and make decisions on conditional use applications in accordance with the following:
The Borough Council shall conduct hearings and make decisions in regard to applications for conditional use in accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[1] In addition, notice shall be given to the applicant, the landowner, all owners of adjacent property, the Zoning Officer, such other persons as the Borough Council shall designate, and any person who has made timely requests for the same. Such notices shall be in writing and shall be given not more than 30 days nor less than seven days prior to the date and time set for such hearing. In addition, written notice shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
The Borough Council may establish reasonable fees for the holding of such hearing.
The hearing shall be scheduled within 60 days from the date of the applicant's request, unless the applicant has agreed, in writing, to an extension of time.
The parties to the hearing shall be the applicant, Zoning Officer, any person affected by the application who has made timely appearance of record before the Borough Council, and any other person, including civic or community organizations permitted to appear by the Borough Council. The Borough Council shall have the power to require that all persons who wish to be considered parties enter appearances in writing.
The chairperson or acting chairperson of the Borough Council 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.
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 to cross-examine adverse witnesses on all relevant issues.
Formal rule of evidence shall not apply. However, irrelevant, immaterial, or unduly repetitious evidence may be excluded.
The Borough Council shall consider any and all recommendations from the Planning Commission on the conditional use application.
Decision on conditional use applications.
The Borough Council shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the governing body. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code[2] or of any ordinance, rule, or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. When the Borough Council fails to render a decision within the period required by this section or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, 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 Borough Council to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of the Pennsylvania Municipalities Planning Code.[3] If the Borough Council shall fail to provide such notice, the applicant may do so.
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 or her not later than the day following its date. To all other persons who have filed their name and address with the Borough Council not later than the last day of the hearing, the Borough Council 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.
Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
§ 260-1103 Special exceptions.
Where the Borough Council of Mount Oliver in this chapter have stated special exceptions to be granted or denied by the Zoning Hearing Board, pursuant to express standards and criteria, the Mount Oliver Borough Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria.
Applications for any special exception shall be made to the Zoning Hearing Board through the Zoning Officer.
Application requirements shall be as follows:
The submittal of an application for a hearing before the Zoning Hearing Board shall be on a special exception application form provided by the Borough Office.
A plan drawing including the following:
Name, address and telephone number of applicant.
A note indicating what Zoning District(s) the property is located in.
Scaled drawings indicating:
The actual shape and dimensions of the lot to be built upon.
The exact size and location of any buildings existing on the lot.
The required building setback lines, per applicable section of this chapter.
The footprint and dimensions of any proposed building or structure, with its location on the lot accurately shown.
The existence and intended use of each building or part of a building.
The number of dwelling units the building is designed to accommodate.
Name of the person, firm, corporation, or associations erecting building, structure or use, if different from the applicant.
Written consent of the owner of the building, structure, or land to or on which the building, structure or use is to be located.
Other information as required by the Zoning Officer to demonstrate full compliance with this chapter and all other codes and ordinances of the Borough of Mount Oliver.
All applicable permits fees, as established by resolution by the Mount Oliver Borough Council, shall be paid.
The Application shall provide information sufficient to evaluate conformance with the standards specified in the pertinent section of this chapter.
In granting a special exception, the Board may attach such reasonable conditions and safeguards in additions to those expressed in this chapter as it may deem necessary to implement the purposes of the Municipalities Planning Code,[1] this chapter and to anticipate and ameliorate any negative impacts on the health, safety, and welfare of citizens residing nearby as well as the general public. In considering special exceptions, the Board shall utilize the following procedures:
The Board's decisions to approve or deny an application for a special exception use shall be made only after public notices and Zoning Hearing Board hearing as set forth in this chapter.
§ 260-1104 Variances.
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The applicant must submit an application for variance on a form provided by the Borough Office along with a site drawing and documents supporting the need for a variance.
The Board may grant a variance, provided that all of the following findings are made where relevant in a given case.
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape; exceptional topography; 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.
That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provision of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
That such unnecessary hardship has not been created by the applicant.
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, will not substantially or permanently impair the appropriate use of development of adjacent property, and will not be detrimental to the public welfare.
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.
§ 260-1105 Amendments.
Borough Council may introduce and/or consider amendments to this chapter and to the Zoning Map, as proposed by a member of Council, as recommended by the Planning Commission, or as may be authorized by the MPC.[1]All amendments shall be considered according to the procedures set forth by the MPC.
§ 260-1106 Application content.
An appeal, or any other application for an amendment, special exception, conditional use, or variance, from the terms of this chapter, shall be filed on forms provided by the Borough Office with the Zoning Officer and shall contain the following information, at a minimum, unless otherwise specified by this chapter:
Name, address and telephone number of the applicant.
Name, address and telephone number of the property owner(s) of the parcel(s) covered by the application.
A brief description and location of the parcel(s) covered by the application.
A statement of the present zoning classification of the parcel(s) covered by the application, the improvements thereon, and the present use thereof.
The section of this chapter under which the appeal or application requested may be allowed 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 reasons for the appeal.
An accurate description of the present improvements and the additions intended to be made under this application, indicating the size and use of such proposed improvements and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, as required to accompany applications for permits, indicating the location and size of the lot and location of improvements now erected, and proposed to be erected thereon.
Any other pertinent data required by the Zoning Hearing Board, Borough Council, and/or Zoning Officer, as appropriate to their individual authorities set forth in this article.
The applicant shall submit 10 copies of a site plan in digital format, containing the required information, as part of an application for a variance, conditional use, or special exception. Said site plans shall remain with the Zoning Officer and in the Borough's files for its use and review as necessary. The site plan shall contain sufficient information, studies, and other data to demonstrate compliance with all applicable regulations.