Oxford City Zoning Code
PART 4
ADMINISTRATION AND REVIEW PROCEDURES
Attachment 2 - Permitted Use Table
§ 27-401 Applicability.
[Ord. No. 980-2025, 12/22/2025]
1.
Review Required. Any person seeking to erect, construct, enlarge, alter, improve, or demolish a building or structure; or establish, operate, convert, or change the nature of the use or occupancy of any building or structure within the Borough of Oxford shall first be required to submit an application and secure all necessary approvals and permits as required by this Zoning Ordinance or other provision of the Oxford Borough Code.
2.
Application Form. Applications must be submitted in a form and in such numbers as outlined herein, accompanied by the required application fee. Checklists of required application material may be made available within Borough Hall.
3.
Review Body. For the purposes of this Subpart 4A, the term "reviewing body" shall refer to the Borough of Oxford governing body, commission, committee, official, or other designated decision-making body that is charged with review and/or approval authority as authorized under this Zoning Ordinance and the Pennsylvania Municipalities Planning Code.[1] This may include, but is not limited to the Code Enforcement Officer, Zoning Officer, Borough Council, Planning Commission, and Zoning Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 27-402 Pre-Application Consultation.
[Ord. No. 980-2025, 12/22/2025]
1.
Purpose. The purpose of a pre-application consultation is to provide the applicant with the opportunity to seek nonbinding, advisory direction from the Borough to better prepare the applicant and project application for the development review process. This process is optional and has no bearing on action on a formal application.
2.
Consultation Recommended. It is recommended that applicants request a pre-application meeting prior to entering the formal application review process to discuss the nature of the proposed application and to determine the best course of action for submittal. Meetings may be held with any member or combination of members of Borough of Oxford staff. Borough consultants, including the Borough Engineer or Solicitor, shall only be consulted upon the approval of the Borough Manager and execution of a cost reimbursement agreement.
3.
Advisory Opinion. In no way shall any comments or feedback provided during a pre-application meeting be construed as an indication of decision or be legally binding in any way.
4.
Application Material. Materials presented during the pre-application meeting may be incomplete and/or conceptual in design. A formal, complete application is required to be considered for approval prior to the issuance of any permits by the Borough.
§ 27-403 General Application Procedures - Conditional Use, Special Exception and Variance Applications.
[Ord. No. 980-2025, 12/22/2025]
1.
Submittal. All applications for conditional use, special exception and variance approval under this chapter shall:
A.
Require the signature of the owner(s) of the subject property. Where there are multiple landowners, a written consent agreement among all landowners must be included. Tenants may submit applications with written consent of the property owner(s).
B.
Be provided in the required number and form, including at least two paper copies and one electronic copy (e.g., digital PDF) of all required application material and supporting documents, such as maps, graphics, photos, and/or narrative.
C.
Include all application and escrow fees as established by Subsection 2, below.
2.
Fees. A schedule of fees for all permits, applications, and deposits as required in this Zoning Ordinance shall be provided in a Fee Schedule, set by resolution of the Borough Council. Such schedule may be amended from time to time as deemed necessary by the Borough Council.
3.
Acceptance and Processing.
A.
Upon receipt of the application, the Zoning Officer shall determine whether it is complete. An application is considered complete only if it is submitted in the appropriate number and form, includes all required information and supporting documentation, and is accompanied by the required fee(s).
B.
If the application is determined to be incomplete, the Zoning Officer shall reject the application in writing and identify the known deficiencies. No further processing of the incomplete application shall occur and no timelines for hearing or decision shall begin until a complete application is submitted.
4.
Review of Application by Borough Planning Commission and Borough Council.
A.
Once the application is deemed complete, the Zoning Officer shall forward it, along with all supporting documents, to the Borough Planning Commission and Borough Council for review at its next regular meeting.
B.
The Borough Planning Commission may elect to make a recommendation on the relief requested by the applicant, along with any recommended conditions it believes should be attached to any approval, to the reviewing body. Said recommendation shall be forwarded in writing to the reviewing body by the Secretary of the Planning Commission prior to the commencement of the hearing.
C.
Borough Council may elect to take a position on any application before the Zoning Hearing Board, either in writing or by authorizing the Borough Solicitor to appear and participate in the hearing on its behalf.
5.
Applicant Responsibilities.
A.
The applicant and/or their agent is expected to attend all meetings at which the application is to be discussed.
B.
In all cases, the burden is on the applicant to show that their application complies with the Borough of Oxford's local laws, ordinances, and regulations, and any other applicable county, state, or federal laws, rules, and regulations.
6.
Written Decision and Findings.
A.
A written decision or, where no decision is called for, summary of the findings shall be provided by the reviewing body explaining the rationale, findings of fact, and conclusions based thereon with the reasons therefor. Conclusions based on any provisions of Act 247, the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq., 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.
B.
The written decision shall also make note of any conditions of the approval, where applicable.
C.
A copy of the decision shall be promptly filed with the Borough and sent to the applicant.
§ 27-404 Public Hearings.
[Ord. No. 980-2025, 12/22/2025]
1.
Public Notice.
A.
Public notice of all hearings shall be published once each week for two successive weeks 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 first publication shall not be more than 30 days and the second publication shall not be less than seven days prior to the date of the hearing.
B.
Written notice shall be given to the public, the applicant, to any property owner within 500 feet of any lot line of the subject property, the Zoning Officer, the Borough Secretary, the Borough Planning Commission, and such other person who has made timely request for the same.
C.
Written notice of the hearing shall be conspicuously posted by the Zoning Officer on the subject property at least one week prior to the hearing.
2.
Hearing Process.
A.
The hearings shall be conducted by the reviewing body or a hearing officer appointed by the reviewing body.
B.
The first hearing before the reviewing body shall be commenced within 60 days from the date of receipt of the applicant's complete application, and each subsequent hearing shall be held within 45 days of the prior hearing, unless the applicant has agreed in writing to an extension of time. The reviewing body shall ensure that the applicant receives at least seven hours of hearings within the first 100 days, including the first hearing.
C.
The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the reviewing body, and any other person, including civic or community organizations, permitted to appear by the reviewing body. The reviewing body shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the reviewing body for that purpose.
D.
The Chair or Acting Chair of the reviewing body, or the hearing officer 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.
E.
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 cross-examine adverse witnesses on all relevant issues.
F.
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded by the Chair of the reviewing body.
G.
The reviewing body shall keep a stenographic record of the proceedings.
H.
The reviewing body shall not communicate, directly or indirectly, with any party or their representatives in connection with any issues involved and shall not inspect the site or its surroundings after the commencement of hearings with any party or their representative unless all parties are given an opportunity to be present.
I.
The reviewing body 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 review body. If the hearing is conducted by a hearing officer and there has been no stipulation that their decision or findings are final, the reviewing body shall make their report and recommendations available to the parties and the parties shall be entitled to make written representations thereon to the reviewing body prior to the final decision or entry of findings, and the reviewing body's decision shall be entered no later than 30 days after the report of the hearing officer.
J.
A copy of the final decision or written findings shall be delivered to the applicant personally or mailed to them not later than the date following its date. To all other persons who have filed their name and address with the reviewing board not later than the last day of the hearing, the reviewing body 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. A copy of the final decision or written finding shall be mailed to any persons granted party status by the reviewing body.
K.
Except for challenges filed under Section 916.1 of the MPC,[1] where the reviewing body has power to render a decision and the reviewing body or hearing officer, as the case may be, fails to render the same within 45 days of the period, 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.
[1]
Editor's Note: See 53 P.S. § 10916.1.
§ 27-405 Expiration of Approval.
[Ord. No. 980-2025, 12/22/2025]
1.
Unless extended by the reviewing body, any grant of conditional use, special exception, or variance approval shall be deemed null and void one year from the date of such approval if, within that period, no application is made for:
A.
A building permit;
B.
A certificate of use and occupancy; or
C.
Subdivision or land development approval, as appropriate.
§ 27-406 Appeals to Court.
[Ord. No. 980-2025, 12/22/2025]
Appeals to court shall be in accordance with the procedures established in Section 1001-A et seq. of the MPC, 53 P.S. § 11001-A et seq. Appeals to court shall be taken to the Court of Common Pleas of Chester County.
§ 27-411 Building Permits.
[Ord. No. 980-2025, 12/22/2025]
1.
A building permit shall be obtained from the Building Code Official in accordance with the Borough Uniform Construction Code [Chapter 5, Part 1]:
A.
For any erection, construction, alteration, extension, replacement, relocation, or conversion of any building or structure.
B.
For the change of use of a building, structure, and/or land.
C.
For any construction, development, use, or activity requiring a building permit under the terms of Subpart 2G, Flood Hazard Overlay (FHO) District.
2.
No permit shall be issued until all required applicable outside agency permit applications have been filed or approvals secured, as required, and a copy provided to the Borough.
3.
No permit shall be issued until all fees and escrows as shall be required by this chapter and set by resolution of Council have been paid.
§ 27-412 Zoning Permits.
[Ord. No. 980-2025, 12/22/2025]
1.
Zoning Permit Required. A zoning permit shall be required for the following:
A.
Any action requiring the issuance of a building permit;
B.
Any change in the use or occupancy of any land or structure; and
C.
Any action subject to review and approval under this chapter.
2.
Issuance of Permit. The Zoning Officer shall be responsible for the issuance of a zoning permit. No permit shall be issued until the Zoning Officer has verified that the action is in full compliance with this chapter and any other applicable local, state, regional, or federal laws, codes, rules and regulations. The Zoning Officer shall specify the nature of compliance on the permit and make note of any approvals obtained as required by this chapter.
3.
Expiration of Permit. A zoning permit shall expire one year after the date of issuance unless a building permit is obtained and/or occupancy has commenced. In the case where a building permit is not required, work and/or occupancy must commence within one year from the date of issuance.
4.
Voided Permit. Any zoning permit issued in conflict with the provisions of this chapter shall be null and void.
5.
Revocation. The Zoning Officer may revoke a zoning permit in the following instances:
A.
Where the Zoning Officer finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the action was based.
B.
Where the Zoning Officer finds that the use or action authorized by the permit is in violation of this chapter and any other applicable local, state, regional, or federal laws, codes, rules, and regulations.
§ 27-413 Certificates of Use and Occupancy.
[Ord. No. 980-2025, 12/22/2025]
1.
Occupancy. It shall be unlawful for any person to use or occupy any building or other structure or land until a certificate of use and occupancy, as required in Subsection 2 below, has been duly issued and, where applicable, a highway occupancy permit has been issued by the Pennsylvania Department of Transportation.
2.
Requirements. A certificate of use and occupancy shall be required in association with any of the following:
A.
Upon completion of the erection or alteration of any building or portion thereof authorized by any permit obtained in compliance with this chapter, the holder of the permit shall notify the Code Enforcement Office of completion. No permit shall be considered complete or permanently effective until the Code Enforcement Officer has issued a certificate of use and occupancy certifying that the work has been inspected and approved as being in conformity with the permit and the provisions of this chapter.
B.
Prior to (i) the transfer of ownership of any residential or nonresidential property, building, or structure, or any part thereof; or (ii) any change in use of any residential or nonresidential property, building, or structure, or any part thereof; or (iii) any change in nonresidential tenancy of any property, building, or structure, or any part thereof, a certificate of use and occupancy shall be obtained from the Code Enforcement Office. A copy of such certificate shall be provided to the buyer at settlement or to the nonresidential tenant prior to the time of commencement of the lease.
C.
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a certificate of use and occupancy.
D.
Extension of a nonconforming use.
E.
Any requirement of a certificate of use and occupancy, as prescribed in this section, shall be in addition to, and not limited by, any requirements of Chapter 5 of the Oxford Borough Code.
3.
Residential Rental Property. Any residential rental property shall comply with the requirements for a residential rental property permit as provided in Chapter 5 of the Oxford Borough Code.
4.
Nonresidential Property. Any nonresidential property shall comply with the requirements for commercial property as provided in Chapter 5, Part 4, of the Oxford Borough Code.
5.
Issuance.
A.
Upon the receipt of written notification that the work for which a building permit has been issued has been completed, or upon notification of any proposed action set forth in Subsection 2 above, that requires a certificate of use and occupancy, the Code Enforcement Officer shall inspect the premises within a reasonable period of time to determine that any work has been performed in accordance with the approved building permit application and that the proposed activity otherwise complies with the requirements for a certificate of use and occupancy.
B.
If the Code Enforcement Officer is satisfied that the work has been completed in accordance with the approved building permit application, and/or that the proposed activity is in compliance with the requirements for a certificate of use and occupancy, he/she shall issue the required certificate of use and occupancy within five days of the inspection.
C.
A copy of the permit or certificate of use and occupancy shall be retained by the Code Enforcement Office as part of Borough records.
D.
If the Code Enforcement Officer finds that the work has not been performed in accordance with the approved building permit application, and/or that the proposed activity does not meet the requirements of this section for a permit or certificate of use and occupancy, the Code Enforcement Officer shall refuse to issue the certificate of use and occupancy and shall give written reasons therefor. In such instances, the Code Enforcement Officer may issue a temporary use and occupancy certificate or temporary access certificate, as provided in § 27-414, below.
§ 27-414 Temporary Certificate of Use and Occupancy.
[Ord. No. 980-2025, 12/22/2025]
1.
Prior to the full completion of work covered by a building permit, and upon the request of the holder of such permit, the Code Enforcement Officer may, at their discretion, issue a temporary use and occupancy certificate for a building, structure, and/or land.
2.
Where such temporary use and occupancy certificate is issued, the designated portion or portions of such building, structure, and/or land may be occupied prior to full completion of the work, provided such use and/or occupation may be done safely, and neither life nor public welfare is endangered.
3.
Temporary uses such as tents, trailers, buildings on construction sites, use of land for religious and other public and semi-public purposes, or similar temporary use and/or occupancy shall not be permitted until a temporary use and occupancy certificate has been issued by the Code Enforcement Officer.
4.
The Code Enforcement Officer may issue a temporary use and occupancy certificate, as defined by this chapter, as a result of their inspection of a property incident to the resale of the property that reveals a violation but no substantial violation. The purpose of the certificate is to authorize the purchaser to fully utilize or reside in the property while correcting violations pursuant to the maintenance and repair provisions of the Borough Code or other applicable law or regulation.
5.
The Code Enforcement Officer may issue a temporary access certificate, as defined by this chapter, as a result of their inspection of a property incident to the resale of the property that identifies at least one substantial violation, whereby the purpose of the certificate is to authorize the purchaser to access the property for the purpose of correcting substantial violations pursuant to the maintenance and repair provisions of the Borough Code or other applicable law or regulation.
6.
No person may occupy a property during the term of a temporary access certificate, but the owner shall be permitted to store personalty that is related to the proposed use or occupancy of the property or is needed to repair the substantial violations during the time of the temporary access certificate.
7.
The Code Enforcement Officer shall issue a temporary access certificate or a temporary use and occupancy certificate in accordance with the terms of the Municipal Code and Ordinance Compliance Act, 68 P.S. § 1081 et seq.
§ 27-415 Sign Permits.
[Ord. No. 980-2025, 12/22/2025]
Sign permits shall be obtained as required by the Borough of Oxford under Subpart 3E of this chapter. Sign permits need not be displayed on the affected property.
§ 27-421 Statement of Intent.
[Ord. No. 980-2025, 12/22/2025]
This chapter provides for certain uses to be permitted within the Borough as conditional uses. In so providing, Borough Council recognizes that these uses may or may not be appropriate at every location within any specific zoning district and, accordingly, has established standards and criteria by which it can evaluate and decide upon applications for such uses. In the sole discretion of Borough Council, failure to comply with these standards may be deemed a basis for the imposition of appropriate conditions on a grant of approval.
§ 27-422 Application Requirements.
[Ord. No. 980-2025, 12/22/2025]
1.
In addition to the information required by § 27-403, it shall be the burden of the applicant to demonstrate compliance with the standards and criteria for conditional use contained in this section and with all other relevant stipulations of this chapter, and to indicate means by which potential impacts from the proposed use will be mitigated.
2.
A generalized site plan shall be submitted as part of any conditional use application. It is not intended that such a plan be engineered or contain a fixed architectural layout, such as would be required under the Borough SALDO [Chapter 22]. The plan shall, however, demonstrate compliance with all applicable standards for approval of the conditional use. The site plan shall identify all owners of lands contiguous to the subject property.
§ 27-423 Review Criteria.
[Ord. No. 980-2025, 12/22/2025]
1.
In considering any application for conditional use permitted by this chapter, Borough Council shall apply the following general standards and criteria in addition to the express standards and criteria set forth in any other relevant section of this chapter for a particular use that is permitted as a conditional use:
A.
The proposed use is consistent with the future land use element of the Comprehensive Plan for the Borough.
B.
The surrounding streets are sufficient to handle any expected increase in traffic generated by the proposed use.
C.
The proposed use will not adversely affect the public health, safety, or general welfare of Borough residents.
D.
The required area, yard, and bulk requirements and all other requirements of the applicable zoning district are met.
E.
All applicable requirements of Subpart 2D (Additional Use Regulations) of this chapter shall be met.
F.
Where the proposed use is incompatible with existing traffic conditions and the use of adjacent land, Borough Council shall have the authority to establish safeguards and conditions as it deems necessary regarding layouts, circulation, and performance.
G.
The applicant has confirmed that services and utilities are available to adequately service the proposed use.
H.
Emergency vehicles are provided direct access to the activity, building, or structure and to adjacent properties.
I.
Conditions and safeguards, as identified by Borough Council, are necessary to assure that the intent of this chapter is complied with.
§ 27-431 Application Requirements.
[Ord. No. 980-2025, 12/22/2025]
1.
In addition to the information required by § 27-403, applications for those uses permitted as special exceptions in a particular zoning district shall be made in writing to the Zoning Hearing Board on a form specified for such purpose and shall contain the following information:
A.
The name and address of the applicant, and the name and address of the landowner should the applicant not be the owner, and a description of the property in question.
B.
A description of the proposed use which requires the granting of a special exception.
C.
A site layout plan showing the location, dimensions, and heights of all proposed and existing buildings and structures and, where applicable, the location of outdoor activities and improvements, including storage, off-street parking, paved areas, and screening.
D.
A narrative and/or graphic description depicting what measures are to be taken to ensure compatibility between the proposed use and surrounding properties.
§ 27-432 Review Criteria.
[Ord. No. 980-2025, 12/22/2025]
1.
The Zoning Hearing Board shall hear and decide requests for special exceptions based on the following criteria:
A.
The proposed use is consistent with the future land use element of the Comprehensive Plan for the Borough.
B.
The surrounding streets are sufficient to handle any expected increase in traffic generated by the proposed use.
C.
The proposed use will not adversely affect the public health, safety, or general welfare of Borough residents.
D.
The required area, yard, and bulk requirements and all other requirements of the applicable zoning district are met.
E.
All applicable requirements of Subpart 2D (Additional Use Regulation) of this chapter shall be met.
F.
Where the proposed use is incompatible with existing traffic conditions and the use of adjacent land, the Zoning Hearing Board shall have the authority to establish safeguards and conditions as it deems necessary regarding layouts, circulation, and performance.
G.
The applicant has confirmed that services and utilities are available to adequately service the proposed use.
H.
Emergency vehicles are provided direct access to the activity, building, or structure and to adjacent property.
I.
Conditions and safeguards, as identified by the Zoning Hearing Board, are necessary to ensure that the intent of this chapter is complied with.
§ 27-433 Accommodations and Modifications.
[Ord. No. 980-2025, 12/22/2025]
The Zoning Hearing Board may, through approval of a special exception, grant reasonable accommodations and/or reasonable modifications, as defined by this chapter, where requested by or on behalf of a person with a disability. Accommodations or modifications shall not be approved where to do so would fundamentally alter the use or create an undue financial or administrative burden.
§ 27-441 Variances.
[Ord. No. 980-2025, 12/22/2025]
1.
Requests. 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.
2.
Determination on a Request for a Variance.
A.
The Zoning Hearing Board may grant a variance, provided all of the following findings are made where relevant in a given case:
(1)
That 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 the Zoning Ordinance in the neighborhood or district in which the property is located.
(2)
That because of such physical circumstances or conditions there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That such unnecessary hardship has not been created by the applicant.
(4)
That 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 of development of adjacent property, nor be detrimental to the public welfare.
(5)
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.
B.
In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code[1] and this chapter of the Oxford Borough Code.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
3.
Approval. An approved variance shall have the effect of replacing the otherwise applicable zoning provision and shall run with the land. The approved variance, with any conditions imposed by the Zoning Hearing Board, shall be attached to any building permit that has been requested. Where the variance is approved prior to the application for building permit, the approved variance with any conditions imposed by the Zoning Hearing Board shall be forwarded to the Zoning Officer.
§ 27-442 Appeals to Zoning Hearing Board.
[Ord. No. 980-2025, 12/22/2025]
1.
Parties Appellant Before the Zoning Hearing Board. Appeals under Section 909.1(a)(1), (2), (3), (4), (7), (8) and (9) of the MPC[1] may be filed with the Zoning Hearing Board in writing by the landowner affected, any officer or agency of the municipality, or any person aggrieved. Requests for variance or special exception may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
[1]
Editor's Note: See 53 P.S. 10909.1(a)(1), (2), (3), (4), (7), (8) and (9).
2.
Time Limitations. No person shall be allowed to file an appeal with the Zoning Hearing Board later than 30 days after an application for development, preliminary or final, has been approved if such appeal is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to their interest after such approval, he shall be bound by the knowledge of their predecessor in interest. The failure of anyone, other than the landowner, to appeal from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or the Zoning Map pursuant to Section 916.2 of the MPC[2] shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative or preliminary approval. All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued.
[2]
Editor's Note: See 53 P.S. § 10916.2.
3.
Stay of Proceedings. Upon the filing of any proceeding referred to in Subsection 1 and during its pendency before the Zoning Hearing Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or Borough Council, and all official action thereunder, shall be stayed unless the Zoning Officer or Borough Council certifies to the Zoning Hearing Board facts indicating that such stay would cause imminent peril to life or property. In such case, the development or official action shall not be stayed other than by a restraining order, which may be granted by the Zoning Hearing Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development has been duly approved and proceedings designed to reverse or limit the approval are filed with the Zoning Hearing Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Zoning Hearing Board. The question of whether or not such petition should be granted and the amount of the bond shall be within the discretion of the court.
4.
Validity of Chapter - Substantive Questions.
A.
Landowner Appeals.
(1)
A landowner who, on substantive grounds, desires to challenge the validity of this chapter or the Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either to the Zoning Hearing Board under Section 909.1(a) of the MPC or to Borough Council under Section 909.1(b)(4) of the MPC[3] together with a request for a curative amendment.
[3]
Editor's Note: See, respectively, 53 P.S. § 10909.1(a) and (b)(4).
(2)
Submissions referred to in Subsection 4.A(1) above shall be governed by the procedures listed in Section 916.1 of the MPC.[4]
[4]
Editor's Note: See 53 P.S. § 10916.1.
(3)
Following a decision on their appeal to the Zoning Hearing Board or Borough Council, the landowner may appeal to court by filing the challenge within 30 days.
B.
Appeals by Persons Aggrieved.
(1)
Persons aggrieved by a use or development permitted on the land of another by this chapter or the Zoning Map or any provision thereof who desire to challenge its validity on substantive grounds shall first submit their challenge to the Zoning Hearing Board for a decision thereon under Section 909.1(a)(1) of the MPC.[5]
[5]
Editor's Note: See 53 P.S. 10909.1(a)(1).
(2)
Such challenge to the Zoning Hearing Board shall be governed by Section 916.1 of the MPC.[6]
[6]
Editor's Note: See 53 P.S. § 10916.1.
(3)
Any party aggrieved by the decision of the Zoning Hearing Board may take the same to court by appeal filed not later than 30 days after the decision of the Zoning Hearing Board is issued.
5.
Validity of Chapter — Procedural Questions. Questions of an alleged defect in the process of enactment or adoption of this chapter or the Zoning Map shall be raised by an appeal taken directly Court of Common Pleas of Chester County, filed not later than 30 days from the effective date of the chapter or map, unless the appellant establishes the elements set forth in Section 1002.1-A of the MPC.[7]
[7]
Editor's Note: See 53 P.S. § 11002.1-A.
§ 27-451 Zoning Officer.
[Ord. No. 980-2025, 12/22/2025]
1.
Appointment. The provisions of this chapter shall be administered by the Zoning Officer, who shall be appointed by and serve the Borough Council. Borough Council may appoint an Assistant Zoning Officer and assign such duties to such Assistant as it may deem appropriate. In addition, the Zoning Officer and Assistant Zoning Officer may be provided with the assistance of such persons as Borough Council may from time to time direct. The Zoning Officer and Assistant Zoning Officer shall not hold any elected office in the Borough.
2.
Qualifications. The Zoning Officer shall, by adequate professional training and experience, be familiar with building procedures and terminology and with the responsibilities and proper application of the powers and duties of their office. The Zoning Officer shall have proficient knowledge and understanding of the requirements of this chapter prior to appointment.
3.
Duties. The Zoning Officer shall have all the duties and powers conferred on them by this chapter in addition to those reasonably implied for that purpose. The Zoning Officer shall not issue a building permit or certificate of use and occupancy in connection with any proposed erection, construction, alteration, extension, replacement, conversion, removal, and/or use of any building, structure, and/or land unless it first conforms to the requirements of this chapter. It shall be the power and duty of the Zoning Officer to:
A.
Receive all applications for building permits and issue permits when there is compliance with the provisions of this chapter.
B.
Upon issuance of a building permit, notify such other Borough and county officials as may be affected by such issuance.
C.
Following refusal of a permit, receive applications for appeals from alleged error of the Zoning Officer and forward these applications to the Zoning Hearing Board for action thereon.
D.
Conduct investigations to determine compliance or noncompliance with the terms of this chapter. In performing such duties, the Zoning Officer shall have the authority, including entry, to inspect land, buildings, and structures built or altered under this chapter, and upon satisfactory completion of said inspection, to issue a certificate of use and occupancy in accordance with the provisions of this chapter.
E.
Order in writing the correction of all conditions found to be in violation of the provisions of this chapter as set forth in Section 616.1 of the MPC.[1] Such written order shall be served personally or by mail upon persons, firms, or corporations deemed by the Zoning Officer to be in violation of this chapter.
[1]
Editor's Note: See 53 P.S. § 10616.1.
F.
Institute proceedings in courts of proper jurisdiction for the enforcement of this chapter.
G.
Maintain and keep all records pertinent to all zoning matters in the Borough. Such records shall include, but not be limited to, all applications received, copies of all permits and certificates issued, copies of orders, and findings of the Zoning Hearing Board, written complaints of alleged violations, records of all inspections made, a current copy of this chapter and all amendments and other related information.
H.
Upon the request of the Borough Planning Commission, the Zoning Hearing Board or the Borough Council, present to such body facts, records, data, and any other related information to assist such body in its deliberations and decisions.
4.
Relief from Personal Responsibility. Any suit instituted against any officer or employee because of an act performed by them in the lawful discharge of their duties shall be defended by the Borough Solicitor. In no case shall the Zoning Officer or any of their staff be liable for costs in any action, suit, or proceeding that may be instituted in pursuance of the provisions of this chapter when he and/or their subordinates perform their duties in good faith and without malice.
§ 27-452 Zoning Hearing Board.
[Ord. No. 980-2025, 12/22/2025]
1.
Creation and Membership.
A.
There is hereby created a Zoning Hearing Board. The following provisions shall apply to the Zoning Hearing Board:
(1)
Members of the Zoning Hearing Board shall be appointed by resolution of Borough Council. The Zoning Hearing Board shall consist of five members. The terms of office shall be five years and shall be so fixed that the term of office of no more than one member shall expire each year.
(2)
Appointments to fill vacancies shall be only for the unexpired portion of the term.
(3)
Members shall be residents of the Borough and shall hold no other elected or appointed office in the Borough, nor shall any member be an employee of the Borough.
B.
Any board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of Borough Council, taken after the member has received 15 days' advanced notice of the intent to take such vote. A hearing shall be held if requested in writing.
2.
Organization.
A.
The Zoning Hearing Board shall elect from its own membership its Chairman and Vice Chairman, who shall serve the annual terms as such and may succeed themselves.
B.
For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Zoning Hearing Board. Where two members are disqualified to act in a particular matter, the remaining members may act for the Zoning Hearing Board.
C.
The Zoning Hearing Board may appoint a hearing officer from its own membership or an independent attorney to conduct any hearing on its behalf, and the parties may waive further action by the Zoning Hearing Board.
D.
The Zoning Hearing Board may make, alter, and rescind rules and forms for its procedure, consistent with the ordinances of the Borough and laws of the Commonwealth of Pennsylvania.
E.
Meetings shall be held at the call of the Chairman and at such other times as the Zoning Hearing Board may determine.
F.
All meetings of the Zoning Hearing Board shall be open to the public.
3.
Expenditures. Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Borough Council.
4.
Functions of Board. The Zoning Hearing Board shall perform the following functions:
A.
Appeals, in accordance with Subpart 4E.
B.
Variances, in accordance with Subpart 4E.
C.
Special exception in accordance with Subpart 4D.
§ 27-453 Cause of Action.
[Ord. No. 980-2025, 12/22/2025]
In case any building, structure, landscaping, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter, Borough Council or, with the approval of Borough Council, an officer of the Borough or any aggrieved owner or tenant of real property who shows that their property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, landscaping, or land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on Borough Council. No such action may be maintained until such notice has been given.
§ 27-454 Enforcement Notice.
[Ord. No. 980-2025, 12/22/2025]
1.
If it appears to the Borough that a violation of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
2.
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel and to any other person requested in writing by the owner of record.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom the Borough intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
D.
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
4.
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 this chapter.
5.
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.
§ 27-455 Enforcement Remedies.
[Ord. No. 980-2025, 12/22/2025]
1.
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, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. 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 the District Justice determining that there has been a violation further determines that there was a good-faith basis for the person, partnership, or corporation violating the 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 District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs, and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Borough.
2.
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
3.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action or enforcement pursuant to this section.
§ 27-461 Applicability and Definitions.
[Ord. No. 980-2025, 12/22/2025]
1.
Borough Council may from time to time amend, supplement, change, modify, or repeal this chapter, including the Zoning Map. Such shall be done in accordance with the procedures specified herein and the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
2.
The words "amend," "amendment," "amendments," and "amended" in this chapter shall be deemed to include any modification of the text or phraseology of any provisions or amendments thereof, or any repeal or elimination of any such provision or part thereof, or any addition to the chapter or to an amendment thereof, and shall also be deemed to include any change in the number, shape, boundary, or area of any district or districts, any repeal or abolition of any part of such map and, in addition to such map, any new map or maps, or any other change in the maps or any map.
§ 27-462 Initiation of Amendments.
[Ord. No. 980-2025, 12/22/2025]
1.
Proposals for amendment, supplement, change, modification, or repeal may be initiated by Borough Council on its own motion, by the Borough Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions:
A.
Proposals Initiated by Borough Council. Borough Council shall refer every proposed amendment, supplement, change, modification, or repeal originated by it to the Borough Planning Commission. Within 30 days of the submission of said proposal, the Planning Commission shall submit to Borough Council a report containing the Commission's recommendations, including any additions or modifications to the original proposal.
B.
Proposals Originated by the Borough Planning Commission. The Borough Planning Commission may at any time transmit to Borough Council any proposal for the amendment, supplement, change, modification, or repeal of this chapter.
C.
Review by the Oxford Region Planning Committee (ORPC). Proposed zoning text or map changes that affect use or density shall be submitted to the ORPC for their review and comment in accordance with the latest version of the Intergovernmental Cooperative Implementation Agreement for the Oxford Region.
D.
Oxford Region Planning Committee (ORPC). No zoning ordinance text or map amendment affecting a change in standards regulating use, residential density, or nonresidential intensity shall be adopted by the Borough until the ORPC has advised the Borough whether the proposal is generally consistent with the stated goals and objectives of the Oxford Region Multimunicipal Comprehensive Plan in accordance with the latest version of the Intergovernmental Cooperative Implementation Agreement for the Oxford Region.
§ 27-463 Hearings.
[Ord. No. 980-2025, 12/22/2025]
1.
Before voting on the enactment of an amendment, Borough Council shall hold a public hearing thereon. No such amendment shall become effective until after such hearing, at which parties in interest and citizens shall have an opportunity to be heard. If, after any public hearing on 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.
2.
Proposed zoning ordinances and amendments shall not be enacted unless notice of the proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered and a reference to a place within the Borough where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Borough Council shall publish notice of the proposed ordinance or amendment once each week for two consecutive weeks in a newspaper of general circulation in the Borough. The first publication shall not be more than 30 days and the second publication less than seven days from the date of the hearing. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
A.
A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published.
B.
An attested copy of the proposed ordinance shall be filed in the County law library.
3.
At least 30 days prior to the public hearings on the proposed amendment, the Borough shall submit the amendment to the Chester County Planning Commission and the Borough Planning Commission for review and recommendations.
§ 27-464 Procedure upon Curative Amendments.
[Ord. No. 980-2025, 12/22/2025]
1.
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 governing body with a written request that their challenge and proposed amendment be heard and decided.
2.
The Borough Council shall commence a hearing on the amendment within 60 days of the request. The curative amendment shall be submitted to the Borough and County Planning Commissions for review and recommendations at least 30 days prior to the public hearing on the proposed amendment.
3.
Public notice shall be given and hearings shall be conducted in accordance with the Pennsylvania Municipalities Planning Code, Section 609.1, 53 P.S. § 10609.1.
4.
A fee, to be determined by resolution of the Borough Council, shall be paid at the time of submission of a written request for the amendment of this chapter in order to cover costs incurred by the Borough. No request for amendment shall be considered unless it is accompanied by the required fee. Funds in excess of actual costs shall be returned to the applicant.
