North Irwin City Zoning Code
ARTICLE VI
Administration
§ 350-25 Procedures.
A.
General sequence of steps. Persons desiring to undertake any new construction, structural alteration, or changes in the use of a building or lot shall apply to the Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee. The Zoning Officer will either issue the zoning permit or will refuse the permit after any necessary review by the Zoning Hearing Board, and the Zoning Officer will indicate in writing the reason for refusal. If refused a permit, the applicant may appeal to the Board for further consideration. After the zoning permit has been received by the applicant, he may proceed to obtain other necessary permits and upon completion of such action shall apply to the Zoning Officer for an occupancy permit where such a permit is required. If the Zoning Officer finds that the action of the applicant has been taken in accordance with the zoning permit, he will then issue an occupancy permit allowing the premises to be occupied.
B.
Zoning permit types. Under the terms of this chapter, the following classes of zoning permits may be issued:
(1)
Permitted uses. A zoning permit for a permitted use may be issued by the Zoning Officer on his own authority.
(2)
Special exceptions. A zoning permit for a special exception may be issued by the Zoning Officer upon the order of the Board after a hearing and after any required review by the Planning Commission.
(3)
Zoning permit after an appeal or a request for variance. A zoning permit may be issued by the Zoning Officer upon the order of the Zoning Hearing Board and after a hearing held by the Board for the purpose of deciding upon the appeal or a request for a variance.
§ 350-26 Zoning and occupancy permits and certificates.
A.
Applications to Zoning Officer. All applications for zoning permits for permitted uses or special exceptions, for occupancy permits, for certificates of nonconforming use, for variances and for interpretations of any fact or provision of this chapter shall be made directly to the Zoning Officer. Such applications shall be in writing, to scale, showing the location and dimensions of the lot area and of the proposed uses of buildings and/or land. The Zoning Officer or the Zoning Hearing Board may require any additional information deemed necessary to properly evaluate the application for the purpose of determining its conformity with this chapter.
B.
Applications to Zoning Hearing Board. All appeals where it is alleged that the Zoning Officer has made an error shall be filed directly with the Borough Secretary who shall promptly transmit copies to the members of the Zoning Hearing Board. Such appeals shall be in writing and shall explain fully the facts and parties in the case and shall clearly state the reasons or provisions of the chapter on which the appeal is based. (Such appeals must be accompanied with the filing fee provided under § 350-32B hereof before the appeal will be deemed to be filed with the Zoning Hearing Board.)
C.
Zoning permits.
(1)
The purpose of the zoning permit is to determine compliance with the provisions of this chapter, and no person shall erect, alter, or convert any structure, building, or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter, until a zoning permit has been issued by the Zoning Officer. Zoning permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises, and no person shall perform building operations of any kind unless a zoning permit is being displayed as required by this chapter.
(2)
Permits granted for uses of a temporary or seasonal nature may be limited to the appropriate length of time. The Zoning Officer or the Board may revoke a zoning permit at any time if it appears that the application is in any respect false or misleading, or that work being done upon the premises differs materially from that called for in the application.
(3)
No zoning permit shall be issued except on written order of the Board for any special exception or variance where the proposed construction, alteration or use would be in violation of any provision of this chapter.
(4)
Unless there has been substantial progress in the work for which a zoning permit was issued, said permit shall expire one year from the date of issue.
D.
Occupancy permits. The purpose of an occupancy permit is to certify that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit. Prior to the use or occupancy of any land or building, or for any change of use of any existing building or for any change of use of land, an occupancy permit shall be secured from the Zoning Officer. A copy of the occupancy permit shall be kept upon the premises and shall be displayed upon request made by any officer of the municipality. All applications for occupancy permits shall be in writing on forms to be furnished by the Zoning Officer.
E.
Certificate of nonconforming use. The Zoning Officer is assigned the responsibility to identify and register nonconforming uses and nonconforming structures. The owner of the premises occupied by a lawful nonconforming use or structure will be issued a certificate of nonconforming use from the Zoning Officer. Such certificate shall be for the purpose of certifying to the owner his right to continue such nonconforming use or structure.
§ 350-27 Zoning Officer.
A.
Appointment of enforcing officer. This chapter shall be enforced by the Zoning Officer who shall be appointed by the Council of the Borough of North Irwin.
B.
Duties and powers. The Zoning Officer shall receive and examine all applications required under the terms of this chapter and shall issue or refuse permits within 30 days of the receipt of the application or, where applicable, shall refer said application within 10 days to the Board. The Zoning Officer shall issue a written notice of violation to any person, firm, or corporation violating any provisions of this chapter. He shall keep records of applications, of permits or certificates issued, of variances granted, of inspections made, of reports rendered, and of notice or orders issued and shall identify and register nonconforming uses and structures and shall make all required inspections and perform all duties as called for in this chapter.
§ 350-28 Zoning Hearing Board.
A.
Board is hereby created.
(1)
A Zoning Hearing Board is hereby established in accordance with the provisions of the Pennsylvania Municipalities Planning Code.[1] The members of the Board shall be residents of the Borough and shall be appointed by the Borough Council to serve for terms as prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
At the date of adoption of this chapter, the members of the existing Zoning Hearing Board shall continue in office and shall serve as the Zoning Hearing Board under this chapter.
B.
Organization of Board. The Board shall elect officers and conduct any hearings and take any actions required by this chapter and may make rules and forms for its procedures.
C.
Board functions.
(1)
The Board shall be responsible for the following:
(a)
To hear and decide appeals against any alleged errors or actions of the Zoning Officer.
(b)
To hear and decide all requests for the interpretation of any fact or provision of this chapter.
(c)
To hear and decide all requests for variances.
(d)
To hear and decide all requests for special exceptions in accordance with the standards and criteria set forth in this chapter.
(e)
To hear and decide challenges to the validity of this chapter or Zoning Map which are within its jurisdiction.
(f)
The preparation and submission of a report of its activities to the Borough Council once a year.
(2)
All findings and decisions of the Board shall be in writing and shall be rendered within 45 days after the last hearing before the Board, and if the Board fails to render such a decision then the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing to an extension of time.
(3)
The Board shall perform such other duties as may be provided or made necessary by this chapter or by the Pennsylvania Municipalities Planning Code as amended,[2] including the interpretation of zoning boundaries, the holding of hearings after proper notice, and the referral of any pertinent matter to the Planning Commission for review and recommendations. The Board shall keep a full public record and a summary of the facts in cases over which it has jurisdiction and shall maintain adequate records on its findings and decisions.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
D.
Notice of hearings. Notice of all hearings of the Board shall be given to the public, the applicant, the Zoning Officer, the Borough Council and such other persons who have made a timely request for such notice. Such notice shall be given by publishing once in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The publication shall be not more than 30 days or less than 10 days from the date of the hearing. Such notice shall also be given by personally delivering or mailing a copy of such publication by certified mail to the parties listed above.
E.
Referral to Planning Commission. The Board may refer to the Planning Commission all applications for special exceptions and any other applications or appeals which, in the opinion of the Board, require review by the Planning Commission. In its review, the Planning Commission shall, in the case of special exceptions, determine compliance with the standards and criteria set forth in this chapter and in all cases may report in writing its findings and recommendations to the Board within 10 days.
§ 350-29 Variances.
A.
Board may authorize variances.
(1)
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may grant a variance, provided the following findings are made where relevant in a given case:
(a)
There are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located;
(b)
Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(c)
Such unnecessary hardship has not been created by the appellant;
(d)
The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare; and
(e)
The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(2)
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
B.
Appeals. Any person, officer, department, board, or bureau which deems itself aggrieved may file a written appeal to the Board in accordance with the provisions of the applicable law and with the rules and procedures established by the Board. After a hearing, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from.
§ 350-30 Amendments.
A.
Procedures.
(1)
The Borough Council may, on its own motion or by petition, amend, supplement, change, modify, or repeal this chapter, including the Zoning Map. Before voting on the enactment of an amendment, the Council shall hold a public hearing thereon, pursuant to public notice as required by the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Any landowner may propose and prepare a curative amendment to the Zoning Ordinance for consideration by the Borough Council in accordance with the procedures set forth in the Pennsylvania Municipalities Planning Code, as amended.
(3)
In the case of an amendment other than that prepared by the Planning Commission, the Council shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment. In all cases, the Council shall also submit any proposed amendment to the Westmoreland County Planning Department at least 30 days prior to the public hearing on such proposed amendment. Said submittals shall provide each planning agency an opportunity to submit recommendations.
(4)
If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include land previously not affected by it, the Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. At all public hearings, full opportunity to be heard shall be given to any citizen and all parties in interest.
§ 350-31 Violations and penalties.
A.
Council may initiate appropriate action. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this chapter, or of any ordinances, permit or regulation made under authority conferred hereby, the Borough Council, or with its approval, the Zoning Officer or other proper official, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation within 10 days and to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
B.
Any person, partnership or corporation who or which has 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 of North Irwin, pay a judgment of not more than $500, plus all court costs, including the reasonable attorneys' fees incurred by the Borough of North Irwin 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 of North Irwin 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 determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Borough of North Irwin.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 350-32 Fees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any applicant for a zoning permit or a fence permit and any applicant who requests a public hearing shall pay a fee in a sum established by resolution of the Borough Council, as may be amended from time to time.