New Bloomfield City Zoning Code
PART 15
ENFORCEMENT AND ADMINISTRATION
§ 26-161 Enforcement.
[Ord. No. 368, 11/7/2023]
(NOTE: As enacted, this heading read: "Enactment.")
The provisions of this chapter shall be administered and enforced by a Zoning Officer appointed by the Borough Council who shall have the power to administer the Zoning Ordinance in accordance with its literal terms, as well as the power to make inspection of buildings or premises necessary to carry out his/her duties in the enforcement of this chapter.
§ 26-162 Certificates and permits.
[Ord. No. 368, 11/7/2023]
(NOTE: The Borough website lists the applicable fees for Borough permits, which are separate from any building permit fees issued by the county.)
A.
Zoning permits. Shall hereafter be secured from the Zoning Officer prior to the issuance of a building permit (by the county) for the construction, erection or alteration of a structure or sign or part of a structure or upon a change in the use of a structure or land. The Borough website lists the related Borough fees.
Note: Any activity necessitating a special exception, variance, conditional use, or involving subdivision or land development must be approved by the relevant authority before zoning and/or building permits may be issued.
B.
All applications for such permits shall be in accordance with the requirements of the Borough's Code of Ordinances where applicable, including the Subdivision and Land Development Ordinance, Property Maintenance Code, Uniform Construction Code, and Floodplain Management Ordinance.[1]
(1)
All zoning permit applications shall be accompanied by a site plan, in duplicate, showing as necessary to demonstrate conformity to this chapter: (NOTE: See Part 13 of this chapter.):
(a)
Lot: the location and dimensions of the lot.
(b)
Streets: names and widths of abutting streets and highways.
(c)
Structures and yards: locations, dimensions, and uses of existing and proposed structures and yards on the lot and, as practical, of any existing structures within 100 feet of the proposed structure but off the lot.
(d)
Improvements: proposed off-street parking and loading areas, access drives, sidewalks; proposed sewerage disposal system and stormwater management systems.
(e)
Orientation: the north direction shall be shown.
(2)
Permits may be voided or require modification if based on false, inaccurate or incomplete information that would impact the issuance of a permit.
C.
Certain activities, depending on the zoning district and the community impact, require a zoning permit, subject to the above standards, whether or not they involve physical changes to the structures. Examples include:
(1)
Home occupation permits. See definition in Part 2 of this chapter, Home Occupation Regulations, § 26-134, and relevant zoning district of residence to determine whether the activity is a permitted (by right) use subject to zoning permit or whether a special exception is also required for that district.
Note: no-impact home-based businesses and remote working that qualifies as no-impact, per § 26-134 do not require a zoning permit.
D.
Consult the Zoning Officer regarding home maintenance and repair of existing structures which may require a zoning permit and site plan.
E.
A zoning permit and use occupancy permit are required for improvements such as:
(1)
Change from single-family to multiple-family use.
(2)
New basement, replacing no basement or part of basement.
(3)
New rooms finished in attic or basement.
(4)
Any change resulting in new or larger building, porches, patios, carports, garages, pavilions, etc.
(5)
Complete modernization and conversions.
(6)
Forced air, automatic heating plant replacing hot air gravity or stove.
(7)
Extra storage, bathroom, porches where none existed.
(8)
Any additions to existing buildings.
(9)
New construction: residential, farm buildings, commercial, etc.
(10)
Placement or exchange of new or existing mobile and/or manufactured homes.
(11)
Placement of a portable structure 25 square feet to 199 square feet: permit with no fee. Portable structure 200 square feet or larger: permit with scheduled fee.
(12)
Placement or expansion of solar panels (PV).
(14)
Billboards. See industrial districts, § 26-102J(1) regarding special exception approval and signs and advertising structures, § 26-128C(5) for related limitations.
(15)
Any change in use of a nonconforming use.
F.
Special exceptions and variances. For any use requiring a special exception or use that is not permitted, a special exception or variance shall be obtained from the Zoning Hearing Board. In addition to the information required on the zoning permit application, the application shall show:
(1)
Ground floor plans and elevations of proposed structure.
(2)
Names and addresses of adjoining owners. Unless otherwise specified or extended by the Zoning Hearing Board, a special exception or variance authorized by the Board expires if the applicant fails to obtain, where required to do so, a building permit within six months of the date of the authorization of the special exception or variance.
G.
Temporary use permits.
(1)
It is recognized that it may be in appropriate to issue temporary use permits that allow certain activities for a limited period of time which activities may be prohibited by other provisions of this chapter, but in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone.
(2)
If such uses are of such a nature and are so located that, at the time of application, they will:
(3)
Then, the Zoning Officer may issue a permit in accordance with § 26-166F of this chapter, for a period not exceeding one year, and the temporary permit may be renewed for an aggregate period not exceeding three years.
(4)
The nonconforming structure or use shall be completely removed upon the expiration of the permit without cost to the Borough.
H.
Certificate of occupancy. It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, located, erected, changed, converted or enlarged wholly or partly until a certificate of occupancy has been issued for that premises, certifying that the structure or use complies with the provisions of this chapter.
§ 26-163 Variances.
[Ord. No. 368, 11/7/2023]
A.
Filing of variance application; expiration. An application may be made to the Zoning Hearing Board for a variance where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The application shall be on a form provided for that purpose by the Zoning Officer. It shall be filed with the Board and copies given to the Zoning Officer and Borough Planning Commission. The applicant shall provide all the information and data that may be required to advise the Board on the variance, whether such information is called for by the official form or not.
B.
Unless otherwise specified or extended by the Board, a variance authorized by it expires if the applicant fails to obtain a building permit or use certificate within six months from the date of authorization of the variance.
§ 26-164 Appeals.
§ 26-165 Other matters.
[Ord. No. 368, 11/7/2023]
A.
Fees. Borough Council shall set fees annually by resolution, payable in advance, for all applications, permits, or appeals provided for by this chapter to defray the costs of advertising, processing, inspecting, mailing notices, charges of a stenographer for taking the notes of testimony, and copying applications, permits and related review and approval.
B.
Penalties. Any person, partnership or corporation who violated or permitted the violation 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 the reasonable attorney's fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be 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 a Magisterial District Judge who determined that there has been a violation further determines that there was a good faith basis for the person 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. All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the Borough for the general use of the Borough. Imprisonment is not authorized under this chapter.
C.
Public hearings. At public hearings, the applicant as appellant is entitled to the rights set forth in § 26-167D of this chapter, and shall conform to the procedures set forth therein.
D.
Enforcement remedies. In case any building, structure, or land is, or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Borough Council or, with the approval of the Borough Council, an officer of the Borough, in addition to other remedies may in the name of the Borough institute any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure or land, and to prevent, in or about such premises, any act, conduct, business or use constituting a violation.
E.
Curative amendments. 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 Section 1004 of the Pennsylvania Municipalities Planning Code, Act 247; as amended.
§ 26-166 Zoning officer.
[Ord. No. 368, 11/7/2023]
A.
Appointment and powers.
(1)
For the administration of this chapter, a Zoning Officer, who may not hold any elective office in the Borough, shall be appointed by Borough Council. The Zoning Officer shall administer the Zoning Ordinance 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 the Zoning Ordinance.
(2)
The Zoning Officer is the enforcement officer for this chapter. He/she issues all zoning permits, temporary permits, and at the direction of the Zoning Hearing Board, special exceptions and variances. The Zoning Officer shall identify and register nonconforming uses and nonconforming structures.
C.
Transmittal of papers. Upon receipt of an application for a permit involving subdivision of land or land development (see Chapter 21), or any nonconforming use which may require a special exception or variance, or any notice of appeal, the Zoning Officer shall transmit to the Borough Planning Commission and (as applicable) to the secretary of the Zoning Hearing Board, copies of all papers constituting the record upon the permit request, special exception, variance, or appeal.
D.
Action on Zoning Permits. Within 15 days, except for holidays, after receipt of an application for a zoning permit for a permitted use or an approved use, the Zoning Officer shall grant or refuse the permit. If the application conforms to the applicable requirements of the Zoning Permit Ordinance. (NOTE: See Chapter 5.) and this chapter, the Zoning Officer shall grant a permit. If the permit is not granted, he shall state in writing the grounds of his refusal with 15 days after receipt of the application. If the request is neither initially granted, nor approved by the Zoning Officer due to a referral to the Planning Commission, Council, and/or Zoning Hearing Board for determination, the Zoning Officer shall inform the applicant and transmit papers as outlined above (§ 26-166C).
E.
Certificates of occupancy — granting of. The county group, known as "COG," issues building permits and associated certificates of occupancy, as necessary and appropriate.
F.
Temporary permits — granting of. The Zoning Officer may grant a temporary permit for a nonconforming use or structure, existing or new, as outlined in § 26-162F.
The Zoning Officer may seek guidance or input from the Planning Commission, Borough Council, or Mayor in determining benefit.
G.
Violations. Upon determining that a violation of any of the provisions of this chapter exists, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in Section 616.1 of the MPC. Prior to sending an official enforcement notice, the Zoning Officer may at his/her option informally request compliance.
H.
Records.
(1)
The Zoning Officer shall keep a record of:
(a)
All applications for zoning permits and all actions taken on them together with any conditions imposed by the Zoning Hearing Board or Planning Commission.
(b)
All complaints of violations of provisions of this chapter and the action taken on them.
(c)
All plans submitted.
(d)
Nonconforming uses and nonconforming structures.
I.
Reports. The Zoning Officer shall prepare a monthly report for the Borough Council summarizing for the period since his last previous report all zoning permits issued and certificates countersigned by him/her and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed with the office of the Chief Assessor of Perry County at the same time it is filed with the Borough Council.
§ 26-167 Zoning Hearing Board.
[Ord. No. 368, 11/7/2023]
A.
General.
(1)
Membership of Board. The membership of the Board shall be three residents of the Borough appointed by the Borough Council. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Borough Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Borough.
(2)
Removal of members. Any Board member may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of the Borough Council, taken after the member has received 15 days' advance notice of the intent to take such a vote. A public hearing shall be held in connection with the vote if the member shall request it in writing.
(3)
Organization of Board. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall not be less than a majority of all the members of the Board, but where two members are disqualified to act in a particular matter, the remaining member may act for the Board. The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in § 26-167 of this chapter. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Borough and laws of the commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities to the Borough Council once a year.
(4)
Powers. The Zoning Hearing Board has the following powers:
(a)
Interpretations. To interpret any provision of this chapter, including district boundaries.
(b)
Special exceptions. To hear and decide special exceptions brought before the Board.
(c)
Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement or interpretation of this chapter.
(d)
Variances. To authorize, upon application, in specific cases a variance from the terms of the ordinance as per § 26-167C of this chapter.
(e)
Rehearings. To grant the rehearing of a case if it appears there has been a substantial change in the facts submitted as evidence of the case as presented at the initial hearing.
(f)
Validity. The Board shall hear challenges to the validity of this Zoning Ordinance or Map except as indicated in Section 1003 and Subsection (1)(B) of Section 1004 of the Pennsylvania Municipalities Planning Code, Act 247; as amended. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
(g)
Unified Appeals.
[1]
Where the Board has jurisdiction over a zoning matter, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any Borough ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall not have the power to pass upon the non-zoning issues, but shall take evidence and make a record thereon as provided in § 26-167D of this chapter. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to court.
[2]
In exercising the powers above, the Board, in conformity with the provisions of this chapter, may reverse, affirm, or modify the order, requirement, decision, or determination, and make such order, requirement, decision or determination as ought to be made.
(5)
Board calendar. Each application or appeal filed in the proper form with the required data shall be numbered serially and be placed upon the calendar of the Board by the Secretary. Applications and appeals shall be assigned for the hearing in the order in which they appear on the calendar. However, for good reason, the Board may order the advance of the application or appeal. The Board shall fix a reasonable time for hearings.
B.
Special exceptions.
(1)
Referral to planning commission. All applications for a special exception shall be referred to the Borough Planning Commission for a report prior to being brought before the Zoning Hearing Board.
(2)
Conditions. The Zoning Hearing Board, in passing upon special exception applications, may attach conditions considered necessary to protect the public welfare and the Comprehensive Plan, including conditions which are more restrictive than those established for other uses in the same district.
(3)
Application of extent-of-use regulations. The extent-of-use regulations, as set forth in the use regulations, shall be followed by the Zoning Hearing Board. Where no extent-of-use regulations are set forth for the particular use, the Board shall impose extent-of-use requirements as necessary to protect the public welfare and the Comprehensive Plan.
(4)
General standards. The Zoning Hearing Board, before granting a special exception for any use, must find that the use and the operations in connection with it would be in harmony with the orderly and appropriate development of the zone. In particular, the Board must make the findings following, in writing:
(b)
Facilities and services. That adequate water, sewerage, stormwater drainage, fire and police protection are or can be provided for the use.
(c)
Buildings, walls and fences. That the use of adjacent land and buildings will not be discouraged and the value of adjacent land and buildings will not be impaired by the location, nature, and height of buildings, walls, and fences.
(d)
Traffic. That the use will not create traffic congestion or cause commercial or industrial traffic to use residential streets.
(5)
Standards for alteration or expansion of nonconformities. In passing upon a special exception application for the expansion of nonconformities, the Zoning Hearing Board shall require the following:
(a)
Expansion confined to lot: that expansion of the nonconformity be confined to the lot on which the use is located.
(b)
Access, parking and loading: provisions of access drives, off-street parking and off-street loading consistent with standards required by this chapter.
(c)
Yards, height and building areas: provisions of yards, building height and building area consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located.
(d)
Appearance: that the appearance is harmonious with surrounding properties. This feature includes, but is not limited to: landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance in good condition of all improvements and open spaces.
(f)
Additional requirements: such additional requirements as may be necessary to assure that the proposed alteration or expansion will not impair the use or development of neighboring properties.
C.
Variance.
(1)
Referral to planning commission. All applications for a variance shall be referred to the Borough Planning Commission for a report prior to being brought before the Zoning Hearing Board.
(2)
Standards for variances. Where there is unnecessary hardship, the Board may grant a variance in the application of the provisions of this chapter, provided the following findings are made where relevant in a given case:
(a)
There are unique physical circumstances or conditions, including:
[1]
Irregularity, narrowness, or shallowness of lot size or shape; or
[2]
Exceptional topographical or other physical conditions peculiar to the particular property, and are not due to circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or zone in which the property is located.
(b)
Because of these physical circumstances or conditions, the property cannot reasonably be used in strict conformity with the provisions of the Zoning Ordinance.
(c)
The unnecessary hardship is not financial in nature and has not been created by the appellant.
(d)
The variance, if authorized, will not alter the essential character of the neighborhood or zone 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.
(e)
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.
(3)
Conditions. In granting any variance, the Board may attach such reasonable conditions and safeguards as it considers necessary to implement the purposes of this Zoning Ordinance.
D.
Public hearings.
(1)
Notice; Conduct of meeting.
(a)
Notice shall be given to the public, the applicant, the Zoning Officer, such other persons as the governing body shall designate by ordinance and to any person who has made timely request for the same. Notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board. The governing body shall establish reasonable fees, based on cost, to be paid by the applicant and by persons requesting any notice not required by ordinance. In addition to the notice provided herein, notice of said hearing shall be conspicuously posted on the affected tract of land.
(b)
The hearings shall be conducted by the Board. The decision, or, where no decision is called for, the findings shall be made by the Board. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded. The Board 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 communications, 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 after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
(2)
Representation; statements.
(a)
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 Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
(b)
The parties shall have the rights to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
(d)
The applicant or appellant shall be given opportunity for rebuttal.
(3)
Witnesses. The Chairman or Acting Chairman of the Board 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.
(4)
Decision procedure.
(a)
The Board shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board. Each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this act 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. Where the Board has power to render a decision and the Board fails to render the same within the period required by this subsection, 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 applicant has agreed in writing to an extension of time. Where a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Borough shall give public notice of said decision within 10 days in the same manner as provided in Subsection D(1) above. Nothing in this subsection shall prejudice the right of any party opposing the application to urge that such decision is erroneous.
(b)
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 not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board 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.
(c)
Whenever the Board imposes a condition or conditions with respect to the granting of an application or appeal, this condition must be stated in the order of the Board and in the permit issued pursuant to the order by the Zoning Officer. This permit remains valid only as long as the condition upon which it was granted or the conditions imposed by this chapter are adhered to.
(5)
Zoning appeals to court. Zoning appeals shall include appeals from the decision of the Zoning Hearing Board and appeals upon report of the Board in the proceedings to challenge the validity of any ordinance or map. Zoning appeals may be taken to court by any party before the Board or any officer or agency of the Borough. The procedure to be followed in filing appeals to court shall be in accordance with Article X, Pennsylvania Municipalities Planning Code (Act 247) as amended.
(6)
Records. The Board shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
§ 26-168 Borough engineer.
[Ord. No. 368, 11/7/2023]
A.
Powers and duties.
(1)
Drainage. At the request of the Zoning Officer or Planning Commission or the Zoning Hearing Board, the Borough Engineer shall review site plans or other data to ascertain that provision for surface water drainage will be adequate.
(2)
Buildings adjacent to drainage channels and watercourses. The Borough Engineer shall review plans for buildings adjacent to drainage channels or watercourses to ascertain that the buildings will be an adequate distance from the high-water line.
(3)
Zoning hearing board cases. Where the exercise of the above powers and duties involves an application or appeal to the Zoning Hearing Board, the Borough Engineer shall make recommendations to the Board. The approving authority in such cases shall be the Zoning Hearing Board and not the Borough Engineer.
§ 26-169 Planning Commission.
[Ord. No. 368, 11/7/2023]
A.
Powers and duties.
(1)
Per Chapter 1, [NOTE: Chapter 1, Administration and Government', Part 3, Boards and Commissions, A.71, Planning Commission (Ord. 117, 7/8/1975, § 1; as amended by Ordinance 227, 4/2/2002, §§ 1, 2.)] "The powers, duties and terms of the membership of the Planning Commission shall be in accordance with the Pennsylvania Municipalities Planning Code."
(2)
Review site plans. The Borough Planning Commission shall review and make recommendations of any site plan as directed by the Zoning Officer or Borough Council as it relates to zoning, subdivision, or development.
Note: that approval or rejection of all preapplication plans and data and preliminary plats falls within the authority of the Commission, without further referral to Borough Council as these do not constitute a formal filing with the municipality. (See §§ 21-22 and 22-42.)
B.
Zoning Hearing Board Cases. Within 30 days of receiving an application for a special exception or variance from the Zoning Hearing Board, the Borough Planning Commission shall give written report on it to the Board.
C.
Advise and interpret permitted uses in each district for uses or activities that have the same general characteristics as listed permitted uses. Additionally, the Planning Commission shall be consulted on all exterior changes in the H-1 Historic District. (See § 26-87 of this chapter.)
D.
Amendments. The Borough Planning Commission may recommend amendments to the Borough Council of the regulations and provisions of this Zoning Ordinance and/or of the Borough's ordinance related to Subdivision and Land Development. (NOTE: See Chapter 21, Subdivision and Land Development.) For a proposed amendment stemming from other sources, the Commission shall review it and make a recommendation regarding it to the Borough Council within 30 days after receipt of the proposal. At least 30 days prior to the Borough Council's hearing on the amendment to the ordinance, the Borough Planning Commission shall submit the proposed amendment to the ordinance to the Perry County Planning Commission for recommendation.
E.
Screens and buffers. In reviewing plans for fences or hedges, the Borough Planning Commission shall accept or refuse the plans, depending on their adequacy for the purpose. Examples include: where C or I Districts abut a residential district, where an R-3 District abuts an R-1 District, where materials or vehicles are stored outdoors in any zoning district, in relation to mobile homes, wireless communications towers, or as part of a special exception or variance.
§ 26-170 Borough Council.
[Ord. No. 368, 11/7/2023]
A.
Powers and duties.
(1)
Zoning Officer - appointment. The Borough Council shall appoint a Zoning Officer who may not hold any elected office in the Borough, who shall administer this chapter in accordance with its literal terms. As the enforcement officer for this chapter, he/she issues all building permits, use certificates, and at the direction of the Zoning Hearing Board, special exceptions and variances.
(2)
Zoning Hearing Board — Appointment. The Borough Council shall appoint three residents of the Borough to a Zoning Hearing Board. No member may hold any other Borough office. Members serve three year terms with one term expiring each year. Appointments to fill vacancies shall be only for the unexpired portion of the terms.
(3)
Planning Commission — Appointment. [NOTE: Per Chapter 1, Administration and Government, Part 3, Boards and Commissions, A.71, Planning Commission. (Ord. 117, 7/8/1975, § 1; as amended by Ordinance 227, 4/2/2002, §§ 1, 2.)] The Borough Council shall appoint five residents of the Borough to a Planning Commission. Members of the Planning Commission may also sit on Borough Council although such members may not form a majority of the Commission and may not receive compensation for service as a member of the Commission. Members serve five-year terms and may succeed themselves. Appointments to fill vacancies shall be only for the unexpired portion of the terms.
(4)
Amendments.
(a)
The Borough Council may from time to time on its own motion, or on petition or on recommendation of the Borough Planning Commission, amend, supplement, or repeal any of the regulations and provisions of this chapter.
(b)
Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to public notice. In the case of landowner curative amendments, (NOTE: See § 26-165E of this chapter.) the Borough Council shall commence a hearing thereon within 60 days of the request. In the case of an amendment other than that prepared by the Borough Planning Commission, the Borough Council shall submit each such amendment to the Borough Planning Commission (at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission) an opportunity to submit recommendations.
(c)
If, after any public hearing held upon an amendment, the proposed amendment is materially revised such as including land previously not affected by it, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
(d)
Examples of a Zoning Amendment:
[2]
Rezoning land from one district to another to meet a municipal objective such as accurately reflecting the existing land use or to position the community to meet future development/growth objectives within the context of the Comprehensive Plan. (This will modify the Zoning Map.)
(e)
Conditional use. (Note: A use permitted in a particular zoning district pursuant to the provisions in Article VI of PA Municipalities Planning Code Act 247.) The Borough Council may from time to time on its own motion, or on petition or on recommendation of the Borough Planning Commission, and after a public hearing, grant permission for uses and activities not reserved to the Zoning Officer or Zoning Hearing Board. A Conditional Use shall meet express standards and criteria set forth in the Zoning Ordinance. In allowing a conditional use, the governing body may attach such reasonable conditions and safeguards, other than those expressly reserved for state or federal officials, such as those related to off-site transportation or state road improvements, in addition to those expressed in the ordinances, as it may deem necessary to implement the purposes of this act of the Zoning Ordinance. Examples of a Conditional Use: