Pleasant Hills City Zoning Code
ARTICLE XXII
Administration
§ 374-114 Duties of Zoning Officer.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have all the powers and duties conferred to Zoning Officers by the Pennsylvania Municipalities Planning Code.
§ 374-115 Zoning permit required; application requirements.
No land shall be used nor building erected until a zoning permit shall have been obtained. Each application for a zoning permit shall be filed with the Zoning Officer and shall contain all the information necessary to enable the Zoning Officer to ascertain whether the proposed excavation, erection, construction, structural alteration, occupation, use and/or change in use will comply with the provisions of this chapter. In addition to other necessary data, the application shall be accompanied by a plot plan, in duplicate, drawn to scale, showing the land involved, the location of all existing and proposed buildings and other structures thereon, the location of all abutting streets, roads and alleys, and the location of all existing buildings on abutting land within 120 feet of the side and rear lot lines of the land involved. The application shall also show the name and address of the applicant. An application for a zoning permit may be filed by the owner, tenant, lessee, general agent, architect, engineer, or building contractor of the building or premises involved. The Zoning Officer is hereby authorized to combine or include the application for a zoning permit with an application for a building permit and may use the same form for both permits. However, the applicant must meet all of the requirements of this chapter before either a building permit or a zoning permit shall be issued.
§ 374-115.1 Building permit required.
[Added 7-18-2005 by Ord. No. 848]
A.
All structures in excess of 144 square feet in area to be erected or constructed or placed on any property within the Borough of Pleasant Hills shall require a building permit prior to erection or placement of this structure on property within the Borough of Pleasant Hills.
B.
In the event that a project requires both a grading permit and a building permit, the application for building permit will not be considered until all of the requirements for the grading permit have been satisfied and the grading permit issued. The Borough Engineer is the Administrator of the Grading Ordinance and shall have a final say in all matters related to the process described in this chapter after the grading permit has been issued. The initial application for a grading permit shall be obtained from the Zoning Officer. The Zoning Officer shall make an initial determination of whether a project may require a grading permit. The review of the Zoning Officer is only an initial review and the Borough Engineer shall make the final determination of whether a grading permit is required. The Borough Engineer shall also make a final determination on all matters related to compliance. The application for the building permit will only be processed after all of the requirements to issue the grading permit have been satisfied and all fees related to the grading permit have been paid.
[Added 2-16-2009 by Ord. No. 899]
C.
In the event that a project which requires a building permit is started prior to obtaining a building permit, the property owner shall be subject to penalties set forth in the Pennsylvania Uniform Construction Code, as may be amended, and the enforcement remedies set forth in Code Chapter 374-129 of the Borough of Pleasant Hills, including but not limited to judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Borough as a result.
[Added 2-19-2018 by Ord. No. 1008]
§ 374-116 Permit application fees.
All applications for zoning permits or building permits shall be accompanied by the required fees in accordance with the fee schedule established by resolution of Borough Council. A copy of the fee schedule shall be available in the office of the Zoning Officer.
§ 374-117 Referral of application.
A.
In the event that an application for a zoning permit or building permit requires a variance from the Zoning Hearing Board or site plan approval or conditional use approval by Borough Council, subject to review by the Planning Commission, the Zoning Officer shall refer the application to the proper bodies and shall not issue a zoning permit or building permit until the final decision has been rendered by those bodies and any conditions of their approval have been noted on the permit.
B.
All applications which require referral to the Borough Planning Commission shall be submitted at least 13 working days prior to the regular or special meeting of the Planning Commission at which the application is to be considered.
§ 374-118 Procedure for approval of conditional use applications.
Borough Council shall hear and decide applications for conditional use approval in accordance with the provisions of this chapter; however, it shall not approve a conditional use unless and until:
A.
A written application is submitted, including a site development plan containing the information required by § 374-71.
B.
The required fees are paid.
C.
Planning Commission referral:
(1)
The application is referred to the Planning Commission for review within 30 days of submission and the Planning Commission makes a written recommendation to the Borough Council within 90 days of referral.
(2)
If after 120 days from the date of submission, the Planning Commission fails to provide a written recommendation, Borough Council may act without the Planning Commission recommendation.
D.
All applicable requirements of this chapter are met. In considering an application for conditional use approval, Borough Council may hold a public hearing on the application and Borough Council may prescribe reasonable and appropriate conditions and safeguards in granting approval of a conditional use application. If Borough Council determines that an application meets the requirements of this chapter and receives assurances that any additional conditions deemed necessary shall be fulfilled, Council shall direct the Zoning Officer to issue zoning approval for the conditional use.
§ 374-119 Zoning Officer’s decision.
The Zoning Officer shall within two weeks after the filing of an application in proper form, make and file his written decision as to whether or not the proposed excavation, erection, construction, structural alteration, occupation, use and/or change in use comply with the provisions of this chapter, and shall, within such period, deliver a copy of this decision, together with a copy of the zoning permit, if any, issued pursuant to such decision to the applicant in person or by ordinary mail, directed to the applicant’s address as stated in the application.
§ 374-120 (Reserved) [1]
[1]
Editor's Note: Former § 374-120, Zoning/building permit time limit, as amended 8-20-2007 by Ord. No. 876, was repealed 2-28-2011 by Ord. No. 931.
§ 374-121 Certificate of occupancy.
[Amended 3-15-2010 by Ord. No. 920]
A.
It shall be unlawful to use or occupy any structure or lot without obtaining a certificate of occupancy. Failure to obtain a certificate of occupancy shall be a violation of this chapter and shall be subject to the penalty provisions of Article XXIV.
B.
Commercial certificates of occupancy shall conform to the procedures as specified in § 403.46 of Title 34 of the Pennsylvania Uniform Construction Code.
C.
Residential certificates of occupancy shall conform to the procedures as specified in § 403.65 of the Title 34 of the Pennsylvania Uniform Construction Code.
D.
All zoning districts.
(1)
In the event of denial of the zoning permit and/or certificate of occupancy, the Zoning Officer shall notify the applicant in writing directed to the applicant at the address stated in the application and shall cite the specific provisions of this chapter which have not been complied with.
§ 374-122 Recordkeeping.
A record and copy of all applications filed with the Zoning Officer, of all his decisions and of all zoning permits and certificates of occupancy and compliance issued by him shall be kept on file in the office of the Borough Secretary as a public record within the Borough.
§ 374-123 Variances from subdivision standards.
The Borough Council of the Borough of Pleasant Hills, when considering final approval of any subdivision request or site plan approval, is hereby authorized to permit variances from the standards established in this chapter and Chapter 322, Subdivision and Land Development, of the Code of the Borough of Pleasant Hills when such variances are in the public interest and promote the environment, health, safety and general welfare of the public. If the Borough Council should grant such variances for any specific project, such variance shall be deemed to apply only to that specific project and shall not be considered as a precedent for any other subdivision or site plan. If Borough Council should grant a variance as herein described, the nature and extent of such variance shall be specifically set forth in the minutes of the meeting granting subdivision or site plan approval and the applicant shall be bound by the variance as set forth in the minutes of such meeting.
§ 374-124 Enforcement notice.
If the Zoning Officer or his/her duly authorized representative shall find that any of the provisions of this chapter are being violated, the Zoning Officer or his/her duly authorized representative shall issue a written enforcement notice to the person responsible for such violation. The enforcement notice shall contain the following information:
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.
E.
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.
F.
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.