Penn Township Lancaster County
City Zoning Code
City Zoning Code
PART 7
ADMINISTRATION
§ 27-701 Administration and Enforcement.
[Ord. No. 2022-01, 1/10/2022]
1.
Administration.
A.
Zoning Officer. The provisions of this chapter shall be enforced by an agent, to be appointed by the Board of Supervisors, who shall be known as the Zoning Officer. The Zoning Officer shall be appointed at the first meeting of the Board of Supervisors in January to serve until the first day of January next following, and shall thereafter be appointed annually to serve for a term of one year and/or until his successor is appointed. The Zoning Officer may succeed himself. He/she shall receive such fees or compensation as the Board of Supervisors may, by resolution, provide. The Zoning Officer shall not hold any elective office within the Township. The Zoning Officer may designate an employee of the Township as his Deputy, subject to the approval of the Board of Supervisors, who shall exercise all the powers of the Zoning Officer during the temporary absence or disability of the Zoning Officer.
B.
The Zoning Officer shall have the power and authority to perform all of the following functions:
(1)
To receive, examine and process all applications and permits as provided by the terms of this chapter. The Zoning Officer shall also issue zoning permits for special exception and conditional uses, or for variances after the same have been approved.
(2)
To record and file all applications for zoning permits or certificates of use and occupancy, and accompanying plans and documents, and keep them for public record.
(3)
To inspect properties to determine compliance with all provisions of this chapter as well as conditions attached to the approval of variances, special exceptions, conditional uses and curative amendments.
(4)
To inspect nonconforming uses, structures, and lots and to keep a filed record of such nonconforming uses and structures, together with the reasons why the Zoning Officer identified them as nonconformities, as a public record and to examine them periodically, with the view of eliminating the nonconforming uses under the existing laws and regulations.
(5)
Upon the request of the Board of Supervisors or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests, to assist such bodies in reaching their decisions.
(6)
To be responsible for keeping this chapter and the Official Zoning Map up to date, including any amendments thereto.
(8)
(Reserved)
(10)
To revoke a permit or approval issued under the provisions of the chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in this chapter, or otherwise permitted by law.
(11)
To receive applications for reasonable accommodations requested in accordance with the United States Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601 et seq., or the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq., and the federal regulations adopted pursuant to such statutes, for decisions by the Zoning Hearing Board under § 27-605.
(12)
To issue stop-work orders when the Zoning Officer determines that a violation of this chapter exists, or that construction is being commenced in a manner not authorized by a permit, or in a manner violating any approvals issued under this chapter. This Zoning Officer may issue stop-work orders orally or in writing. If the Zoning Officer issues an oral stop-work order, the Zoning Officer shall subsequently confirm such oral stop-work order with a written notice within five business days.
2.
Enforcement. This chapter shall be enforced by the Zoning Officer of the Township. No zoning permit or certificate of use and occupancy shall be granted by him/her for any purpose except in compliance with the literal provisions of this chapter. The Zoning Officer may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within his/her scope of employment.
3.
Violations. Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portions thereof, shall be a violation of this chapter. It shall be a violation of this chapter to undertake other actions which are contrary to the terms of the chapter or any conditions placed upon the approval of special exceptions, variances and conditional uses. Each day that a violation is continued shall constitute a separate offense.
4.
Enforcement Remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter enacted under the MPC or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township 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 Township may enforce the judgment pursuant to the applicable rules of civil procedure.
A.
Each day that a violation continues shall constitute a separate violation, unless the 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 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 Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.
B.
All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township.
5.
Causes of Action. In case any building, structure, landscaping, or land is, or is proposed to be, erected, constructed, reconstructed, altered, repaired, converted, maintained, or used in violation of this chapter enacted under the MPC or prior enabling laws, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his 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 Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors of the Township. No such action may be maintained until such notice has been given.
§ 27-702 Permits.
[Ord. No. 2022-01, 1/10/2022]
1.
No zoning permit shall be required for repairs or maintenance of any structure or land, provided such repairs do not change the use or the exterior dimensions of the structure, or otherwise violate the provisions of this chapter. A zoning permit shall be required prior to:
A.
A change in use of land or structure.
B.
The erection, placement, relocation or construction of a structure or portion thereof, that has a value in excess of $500.
C.
The alteration or development of any improved or unimproved real estate, including, but not limited to, mining, dredging, filling, grading, paving, excavation, or drilling operations.
D.
The erection or alteration of any signs specified in § 27-313 of this chapter as requiring a zoning permit.
E.
The construction or installation of animal waste impoundments, lakes, ponds, dams, or other water retention basins.
F.
The conduct of any forestry use, as defined herein.
G.
The erection of a fence, except one fence segment on a lot of less than 12 feet in length and less than six feet in height shall not need a zoning permit, provided it does not obstruct safe sight distances.
2.
Application for zoning permits shall be made in writing to the Zoning Officer on an application form provided by the Township.
3.
Such zoning permits shall be granted or refused within 90 days from the date of application, after the submission of a complete application, including all required fees.
4.
No zoning permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts.
5.
In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use to meet all the requirements of this chapter, it will be incumbent upon the applicant to furnish adequate evidence in support of his application. If such evidence is not presented, the zoning permit will be denied.
6.
An application for a permit shall be made by the owner or lessee of any building or structure, or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization of the owner, or the qualified person making an application, that the proposed work is authorized by this owner. The full names and addresses of the owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.
7.
The Zoning Officer may call upon other Township staff and/or Township-appointed consultants in the review of submitted materials for applications.
8.
The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in the chapter.
9.
No permit shall be issued until the fees prescribed by the Board of Supervisors pursuant to the resolution shall be paid to the Zoning Officer. The payment of fees under this section shall not relieve the applicant or holder of said permit from payment of other fees that may be required by this chapter or by any other ordinances or law.
10.
Issuance of Permits. Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent local laws, he shall reject such application in writing, stating the reasons therefor. He shall inform the applicant of his right to appeal to the Zoning Hearing Board in the event such application is rejected. If satisfied that the proposed work and/or use conforms to the provisions of the chapter and all laws and ordinances applicable thereto, and that the certificate of use and occupancy as required herein has been applied for, he/she shall issue a permit therefor as soon as practical but not later than 90 days from receipt of the application.
11.
Reconsideration of Application. An applicant whose request for a permit has been denied by the Zoning Officer may make a later application for a permit, provided all deficiencies which were the basis for the prior denial of the permit have been eliminated. The Zoning Officer shall not be required to make a new inspection of the application if this condition is not met.
12.
Expiration of Permit. The permit shall expire after two years from the date of issuance; provided, however, that the same may be extended in writing, by the Zoning Officer, for periods of one year if the applicant shows good cause. Such request shall be made in writing to the Zoning Officer.
13.
Compliance With Chapter. The permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel, or set aside any of the provisions of the chapter, except as stipulated by the Zoning Hearing Board.
14.
Compliance with Permit and Site Plan. All work or uses shall conform to the approved application and plans for which the permit has been issued as well as the approved plot plan.
15.
Display of Zoning Permit. All approved zoning permits shall be prominently displayed on the subject property during construction, renovation, reconstruction, repair, remodeling or the conduct of other site improvements. Such permit displays shall occur within five days of permit issuance, or prior to the commencement of actual work on the site, whichever occurs first. Such permit display shall be continuous until the site receives its certificate of use and occupancy.
16.
Temporary Uses Permits. The Township recognizes that there are certain uses, of a temporary nature, which are generally beneficial to the Township and its residents, which may not be specifically authorized within a given district. Such uses include auctions, carnivals, and similar fund-raising activities conducted by volunteer fire companies, emergency medical service providers, schools, places of worship, and similar institutional uses. The Township additionally recognizes that there are temporary uses, which may be permitted in a district, which are also beneficial to the Township and its residents, such as the erection of a tent from which flowers and plants are sold prior to Valentine's Day, Mother's Day, Easter, and similar holidays, or the sale of Christmas trees. It is the intention of the Township to allow such temporary uses in accordance with the requirements of this section.
A.
When a temporary use meets all requirements of this chapter, including any applicable requirements under § 27-302, the applicant shall apply to the Zoning Officer for a zoning permit. Any zoning permit shall specify the dates upon which the temporary use may be operated, the temporary structures which may be erected, and the temporary signs which may be erected. If the applicant fails to cease the temporary use, or fails to remove all temporary structures and temporary signs at the expiration of the zoning permit, the applicant shall be in violation of this chapter. If the temporary use is specifically permitted by right in this chapter, or is a type of use that is permitted by right in the applicable district, or is a customary and incidental accessory use, then the application may be granted a permit as a temporary permitted-by-right use.
B.
The Zoning Hearing Board, by special exception, may authorize a temporary use in a district where such use is not otherwise allowed if the applicant meets the general requirements for a special exception and demonstrates compliance with the following requirements:
(1)
The temporary use shall not exceed 30 days in duration and shall not occur more than twice in any calendar year. An approval may state that the use is allowed on a reoccurring basis each year.
(2)
The temporary use shall not be an accessory use to a principal retail, industrial, or commercial recreation use on an adjoining property. By way of example only, accessory uses which shall not be authorized by this subsection include, but are not limited to, off-street parking and loading, additional sales areas, outdoor display of items, and/or food vending areas for ongoing principal uses. This subsection is not intended to prohibit off-street parking or signs associated with a temporary auction or carnival conducted by a school, volunteer fire company, emergency service provider, place of worship, or similar entity.
(3)
The temporary use shall not have any detrimental effects on adjoining properties or on the uses permitted in the district.
(4)
The temporary use shall contribute to the welfare of the Township and its residents.
(5)
The approval may be conditioned upon limits on hours of operation, provision of traffic control staff, provision of portable restrooms, or similar matters.
C.
If the applicant demonstrates to the satisfaction of the Zoning Hearing Board that its application meets all of the above criteria, the Zoning Hearing Board may, by special exception, authorize each such temporary use. The decision of the Zoning Hearing Board shall identify the specific dates upon which the use may be conducted and the specific tract or portion of the tract upon which the temporary use may be conducted. Temporary uses may not exceed seven days at any single time or 14 days in any calendar year.
17.
Application for All Zoning Permits.
A.
Applications shall contain a general description of the proposed work, development, use or occupancy of all parts of the structure or land and shall be accompanied by plans in duplicate, drawn to scale, and showing the following:
(1)
Actual dimensions and shape of lot to be developed.
(2)
Exact location and dimensions of any structures to be erected, constructed and altered.
(3)
Existing and proposed uses, including the number of occupied units, businesses, etc., all structures are designed to accommodate.
(4)
Off-street parking and loading spaces.
(5)
Utility systems affected and proposed.
(6)
Alteration or development of any improved or unimproved real estate.
(7)
The size of structures and the number of employees anticipated.
(8)
Any other lawful information that may be required by the Zoning Officer to determine compliance with this chapter.
18.
Application for Zoning Permits for Principal Commercial or Industrial Uses.
A.
A location plan showing the tract to be developed, district boundaries, adjoining tracts, significant natural features, and streets for a distance of 200 feet from all tract boundaries.
B.
A plot plan of the lot showing the location of all existing and proposed buildings, driveways, and parking lots, showing access drives, circulation patterns, curb cut accesses, parking stalls access from streets, screening fences and walls, waste disposal fields or other methods of sewage disposal, other construction features on the lot, and the location of all topographical features.
C.
A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation.
D.
Information regarding the treatment and disposal of sewage and industrial waste, tailings or unusable by-products, sufficient to show that federal and state requirements will be met.
E.
Engineering plans for the handling of traffic, noise, glare, air pollution, water pollution, vibration, fire hazards, or safety hazards, smoke, or emission of any potentially harmful or obnoxious matter or radiation.
F.
Designation of the manner by which sanitary sewage and stormwater shall be disposed and water supply obtained.
G.
The proposed number of shifts to be worked and the maximum number of employees on each shift.
H.
Where use by more than one firm is anticipated, a list of firms or types of firms which are likely to be located in the development, their floor area, and estimated number of employees.
19.
Certificate of Use and Occupancy.
A.
It shall be unlawful to use and/or occupy any structure, building, sign, and/or land or portion thereof for which a permit is required herein until a certificate of use and occupancy for such structure, building, sign, and/or land or portion thereof has been issued by the Zoning Officer. The application for issuance of a certificate of use and occupancy shall be made at the same time an application for a zoning permit is filed with the Zoning Officer as required herein.
B.
The application for a certificate of use and occupancy shall be in such form as the Zoning Officer may prescribe, and may be made on the same application as it required for a zoning permit.
C.
The application shall contain the intended use and/or occupancy of any structure, building, sign, and/or land or portion thereof for which a zoning permit is required herein.
D.
The Zoning Officer shall, as necessary, inspect any structure, building, or sign within 10 days upon notification that the proposed work that was listed under the permit has been completed and, if satisfied that the work is in conformity and compliance with the work listed in the issued permit and all other pertinent laws, he/she shall issue a certificate of use and occupancy for the intended use listed in the original application.
E.
The certificate of use and occupancy or a true copy thereof shall be kept available for official inspection at all times.
F.
Upon request of a holder of a zoning permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a structure, building, sign, and/or land, or portion thereof, before the entire work covered by the permit shall have been completed, provided such portion or portions may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare. The Zoning Officer shall also issue a temporary certificate of use and occupancy for such temporary uses as tents, use of land for religious or other public or semi-public purposes and similar temporary use and/or occupancy. Such temporary certificates shall be for the period of time to be determined by the Zoning Officer; however, in no case for a period exceeding six months.
G.
A certificate of use and occupancy shall not be issued for structures and buildings located in subdivisions requiring improvement guarantees until the structure or building abuts either a roadway which has been accepted by the Township for dedication, or abuts upon a street which has been paved with a base wearing course.
H.
In commercial and industrial districts in which operation standards are imposed, no certificate of use and occupancy shall become permanent until 30 days after the facilities are fully operational when, upon a reinspection by the Zoning Officer, it is determined that the facilities are in compliance with all operation standards.
20.
PennDOT Permits. If a PennDOT occupancy permit is necessary for an application to operate as designed, then a zoning permit shall automatically be conditioned upon the applicant later providing proof of compliance with such permit requirements. The Township may withhold issuance of a use and occupancy permit until the applicant has provided proof to the Zoning Officer that such PennDOT permit has been obtained and PennDOT has approved the improvements to allow vehicle access.
21.
Construction Codes. Every application, permit and approval under this Zoning Ordinance is automatically conditioned upon the applicant also meeting the applicable requirements of construction codes and any applicable construction requirements of the Pennsylvania Department of Labor and Industry. Such proof of compliance may be provided after receiving zoning approval, but prior to receiving a use and occupancy permit.
22.
SALDO and Stormwater. Every application, permit and approval under this Zoning Ordinance is automatically conditioned upon the applicant also meeting the applicable requirements of Chapter 22, Subdivision and Land Development and Chapter 23, Stormwater Management, as they are applicable. Such proof of compliance may be provided after receiving zoning approval, but prior to receiving any Township construction permit for a building.
§ 27-703 Fees.
[Ord. No. 2022-01, 1/10/2022]
Determination. The Board of Supervisors may, by resolution, establish fees for the administration of this chapter. All fees shall be determined by a schedule that is made available to the general public. The Board of Supervisors may reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting of the Board of Supervisors by resolution.
§ 27-704 Ordinance Amendments.
[Ord. No. 2022-01, 1/10/2022]
1.
Power of Amendment. The Board of Supervisors may from time to time amend, supplement, change or repeal this chapter, including the Official Zoning Map. Any amendment, supplement, change or repeal may be initiated by the Township Planning Commission, the Board of Supervisors or by a petition to the Board of Supervisors by a landowner or other interested party. The Board of Supervisors is under no obligation to hold a hearing on a requested zoning amendment, except as provided in a curative amendment process.
2.
Hearing and Enactment Procedures for Zoning Amendments. Proposed amendments to this chapter shall be referred to the Township Planning Commission and Lancaster County Planning Commission as required by the MPC. The Township shall give notice, conduct public hearings, and take other actions as required by the MPC to enact amendments to this chapter and the Zoning Map.
3.
Amendment Initiated by a Petition from an Interested Party. A petition for amendment, change or repeal of a portion of this chapter shall include an accurate map showing definitive boundaries of any land to be rezoned, together with the county property identification numbers, and shall state reasons why the petition should be considered. If requested by a landowner or equitable landowner, the petition shall also be signed by at least one record owner of the property in question. The applicant's signature shall be notarized attesting to the truth and correctness of all the facts and information presented in the petition. A fee to be established by the Board of Supervisors shall be paid upon submission of such petition. If more than one set of legal ads is required for the amendment, the applicant shall also be required to compensate the Township for the costs of the legal ads.
4.
Curative Amendments by a Landowner. A landowner who desires to challenge, on substantive grounds, the validity of the chapter or Official Zoning Map, or any provision thereof which prohibits or restricts the use or development of land in which he/she has an interest, may submit a curative amendment to the Board of Supervisors in accordance with §§ 609.1 and 916.1 of the MPC.[1]
[1]
Editor's Note: See, respectively, 53 P.S. §§ 10609.1 and 10916.1.
5.
Curative Amendments by the Board of Supervisors. The Board of Supervisors may declare this chapter or portions thereof invalid in accordance with the procedures set forth in the MPC. If the Board of Supervisors makes such declaration, the Board of Supervisors shall take action to address the invalidity as required by the MPC.
6.
Authentication of the Official Zoning Map. Whenever there has been a change in the boundary of a district or reclassification of the district adopted in accordance with the above, the change on the Official Zoning Map shall be made, and shall be duly certified by the Township Secretary and shall thereafter be refiled as part of the permanent records of the Township.
§ 27-705 Conditional Uses.
[Ord. No. 2022-01, 1/10/2022]
1.
Filing of Conditional Use. All applications for conditional uses shall be submitted to the Zoning Officer. All applications shall be made on the form supplied by the Township and shall contain all information requested on such form. All applications shall also contain the following information:
A.
Name and address of the applicant and, if different, the name and address of the landowner. If the applicant is not the landowner of record, information demonstrating that the applicant has the legal right to make the application shall accompany the application.
B.
Dimensions and shape of the lot to be developed, and the exact location and dimensions of any structure existing or to be erected.
C.
The height of any proposed buildings or structures.
D.
Existing and proposed uses of all existing and proposed structures and land uses.
E.
Existing and proposed off-street parking and loading spaces.
F.
A site plan with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.
G.
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
H.
A listing of all special exceptions and/or variances which the applicant is requesting in connection with the proposed use.
2.
General Criteria. The standards in § 27-605.2B that apply to a special exception shall also apply to a conditional use, and are included by reference.
3.
Conditions. The Board of Supervisors, in approving conditional use applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same district. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this Part.
4.
Site Plan Approval. Any site plan presented in support of the conditional use pursuant to Subsection 1 shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval. However, if the Board of Supervisors requires revisions to the site plan as part of the subdivision or land development process, such as the minor relocation of structures to address street design or stormwater management design issues, the applicant shall not be required to obtain a modification of the conditional use approval.
5.
Hearing Procedures. The Board of Supervisors shall provide notice and shall conduct hearings on conditional use applications in accordance with the requirements of the MPC. The Board of Supervisors shall render decisions on conditional use applications in accordance with the provisions of the MPC.
6.
Time Limitation.
A.
If a conditional use is granted, the necessary permit shall be secured and the authorized action begun within two years after the date when the conditional use is finally granted, and the building or alteration, as the case may be, shall be completed within four years of said date. For good cause, the Board of Supervisors may, upon application in writing, stating the reasons therefor, extend either the two-year or four-year period.
B.
Should the appellant or applicant fail to obtain the necessary permits within said two-year periods, or having obtained the permit should he/she fail to commence work thereunder within such two-year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his application, and all approvals and permits granted to him shall be deemed automatically rescinded by the Board of Supervisors.
C.
Should the appellant commence construction or alteration within said two-year periods, but should he/she fail to complete such construction or alteration within said four-year period, the Board of Supervisors may, upon 10 days' notice in writing, rescind or revoke the granted conditional use, if the Board of Supervisors finds that a good cause appears for the failure to complete within such four-year period, and if the Board of Supervisors further finds that conditions have altered or changed in the interval since the granting of the conditional use that revocation or rescission of the action is justified.