Pottsville City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 220-25 Permit procedures.
A.
Sequence of steps. Under the terms of this chapter, all new construction, alterations and changes in type of occupancy must be made in conformance with the requirements contained herein. All persons desiring to undertake such new construction, alterations or changes shall conform to the following general procedure as well as to all other applicable provisions of this chapter.
(1)
Application for zoning permit. The applicant applies to the Zoning Officer for a zoning permit by filling out the appropriate application and by submitting the required fee.
[Amended 12-12-1994 by Ord. No. 526]
(2)
Issuance of zoning permit. If the action proposed in the application is in accord with the regulations contained in this chapter, a zoning permit will be issued by the Zoning Officer either on his own authority or, in certain cases as described in Subsection B below, after referral to the Zoning Hearing Board or to the Planning Commission.
[Amended 12-12-1994 by Ord. No. 526]
(3)
Action in accordance with zoning permit. After receipt of the zoning permit, the applicant may proceed to undertake the construction, alteration or change in use permitted by the zoning permit.
(4)
Application for occupancy permit. After completion of the construction, alteration or change in use and before occupancy takes place on the premises, the applicant shall apply to the Building Inspector for an occupancy permit stating that the completed action is in accord with the zoning permit.
(5)
Inspection by Building Inspector. The Building Inspector inspects the premises and issues an occupancy permit if he finds the action has occurred in accordance with the zoning permit.
(6)
Issuance of occupancy permit. The receipt of the occupancy permit by the applicant ensures him the right to continue the use as approved.
B.
Zoning permit types. Under the terms of this chapter, five general classes of zoning permits may be issued under which compliance with this chapter may occur. Each of these classes required a different procedural action as described below:
(1)
Permitted uses. An application for a zoning permit for a permitted use in a zoning district requires only the review of the Zoning Officer, who determines whether the proposed construction, alteration or change in use is in accordance with the requirements of this chapter. The Zoning Officer then either issues or refuses to issue a zoning permit according to his decision.
[Amended 12-12-1994 by Ord. No. 527]
(2)
Special uses. An application for a zoning permit for a special use must be referred to the Zoning Hearing Board and to the Planning Commission by the Zoning Officer. The Zoning Officer is not empowered to make an independent decision on this matter, although he may submit recommendations to the Zoning Hearing Board and to the Planning Commission. The Planning Commission reviews the application and analyzes the proposed special use to determine compliance with the provisions of this chapter. The Planning Commission then gives its recommendations to the Zoning Hearing Board which meets and makes a final decision on the special use. The Zoning Hearing Board then notifies the Zoning Officer to either issue or refuse a zoning permit accordingly.
[Amended 12-12-1994 by Ord. No. 527]
(3)
Zoning permit after appeal. The applicant may appeal to the Board any action taken by the Zoning Officer by submitting an application for an appeal to the Zoning Officer and to the Secretary of the Board within 20 days from the notice of the action of the Zoning Officer.
[Amended 1-9-1990 by Ord. No. 425; 12-12-1994 by Ord. No. 527]
(4)
Permit after a variance request. Where the applicant feels that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, he may appeal for a variance by submitting an application requesting such variance to the Zoning Officer and to the Secretary of the Zoning Hearing Board. The Board gives notice of the date for a public hearing and reviews the application. After the public hearing and after reaching its decision, the Board can order the Zoning Officer to issue or refuse a zoning permit accordingly.
[Amended 12-12-1994 by Ord. No. 527]
(5)
Permit after request for reclassification or amendment. Where the applicant feels that this chapter is in need of change in any part, the applicant may petition for the City Council to consider an amendment to this chapter. Such a petition shall be referred to the Planning Commission for their recommendation. The City Council may then, after proper notice, hold a public hearing on the proposed amendment. After the hearing, the City Council shall make their decision on the proposed amendment. If the amendment is adopted, the applicant can then proceed to apply for a zoning permit in the manner applicable to the type of use that he wishes to propose.
§ 220-26 Zoning Officer.
[Amended 1-9-1990 by Ord. No. 425; 12-12-1994 by Ord. No. 527]
A.
Administration and enforcement. The provisions of this chapter shall be administered and enforced by the person designated by City Council as the Zoning Officer. The Zoning Officer shall have the following duties and powers:
(1)
Receive applications. He shall receive and examine all applications for permits, certificates and variances and other applications required under the terms of this chapter.
(2)
Prescribe form of applications, permits and certificates. He shall prescribe the form of all applications, permits and certificates required under the terms of this chapter and may combine said applications, permits and certificate with other applications, permits and certificates required by the Building Code.[1] In any case, information required for applications, permits and certificates under the terms of this chapter shall be included upon the forms prescribed by the Zoning Officer.
(3)
Issue permits. He shall issue permits for the construction, alteration and occupancy of all uses which are in accord with the requirements of this chapter within 30 days of the receipt of the application for such permit.
(4)
Refuse permits. He shall refuse applications for permits or certificates which are not in accord with the requirements of this chapter within 30 days of the receipt of such application. Said refusal shall be in writing and shall state the reasons for such action.
(5)
Enforcement notice. If it appears to the Zoning Officer that a violation of the Zoning Code has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this subsection. Enforcement notice shall be sent to the owner of record of the parcel in 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. An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against whom the municipality 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 the chapter.
(d)
Date for which the steps for compliance must be commenced and the date for which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board in accordance with the procedure set forth in § 220-27 of this chapter.
[Amended 1-10-2000 by Ord. No. 625]
(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 described.
(6)
Keep records. He shall keep records of applications, of permits or certificates issued, of variances granted, of inspections made, of reports rendered and of notice or orders issued.
(7)
Other powers and duties. He shall perform all other duties as may be provided or made necessary by the terms of this chapter.
§ 220-27 Zoning Hearing Board.
[Amended 3-11-1986 by Ord. No. 360[1]]
A.
Board is hereby created. The City Council does hereby create a Zoning Hearing Board as provided for by the laws of the Commonwealth of Pennsylvania.
B.
Appointment of members. The Board shall consist of five members to be appointed by the Council. One member shall be designated to serve until January 10 of the year following the adoption of this chapter, one until January 10 of the first succeeding year and one until January 10 of the second succeeding year. Their successors shall be appointed on the expiration of their respective terms to serve three years. An appointment to fill any vacancy shall be only for the unexpired portion of the term. One member shall serve for an initial term of two years, commencing January 10, 1986. The other member shall serve for an initial term of three years, commencing January 10, 1986. Their successors shall be appointed on the expiration of their respective terms to serve three years.
C.
Duties and powers. The Board shall be responsible for the interpretation of this chapter and shall adopt and make available to the public rules for the exercise of its functions. The Board shall have the following duties and powers:
(1)
To hear and decide appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this chapter in accordance with § 220-29D.
(2)
Permit special uses; to hear and decide requests for special uses. Prior to action by the Board, requests shall be referred to the Planning Commission for their review and recommendation in accordance with Subsection D. The Board shall determine that the standards set forth in § 220-12C have been fulfilled and, in addition, may impose other appropriate conditions and safeguards where necessary to secure the general objectives of this chapter and to reduce injury to the value of property in the neighborhood.
(3)
Authorize variances. The Board may vary the strict application of any of the requirements of this chapter, provided that such variance is granted only in accordance with § 220-30.
(5)
Other duties and powers. The Board shall perform such other duties as may be provided or made necessary by this chapter, including the following:
(a)
To authorize the Zoning Officer to issue zoning permits for special uses, variances and certificates of nonconformance.
(d)
To refer any pertinent matter to the Planning Commission for review and recommendation and defer any decision thereon for a period of not more than 30 days pending a report for the Commission.
(e)
To maintain a record of all decisions and the findings or a summary of such findings upon which said decisions shall be based.
D.
Referral to Planning Commission. The Board shall refer to the Commission all applications for special uses and any other applications or appeals which, in the opinion of the Board, require review by the Commission. Upon receipt of such an application from the Board, the Planning Commission shall:
(2)
Approve, disapprove or approve subject to conditions or modifications all matters referred to it and shall submit a written report to the Board stating all recommended conditions and modifications and the reasons for such approval or disapproval.
§ 220-28 Zoning and occupancy permits and certificates. [1]
A.
Zoning permits. The purpose of the zoning permit is to determine compliance with the provisions of this chapter, and no person shall erect, alter or convert any structure, building or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter, until a zoning permit has been issued by the Zoning Officer.
(1)
Application for permits. All applications for zoning permits shall be in writing on forms to be furnished by the Zoning Officer. Applications shall be accompanied by plans, in duplicate, drawn to scale, showing the following information:
(a)
The actual shape and dimensions of the lot to be built upon.
(b)
The exact size and location of existing or proposed buildings, signs, parking or loading areas.
(c)
The existing and proposed use of each building or parts thereof, including number of families, dwelling units, employees, offices or other units of occupancy.
(d)
Such other information as may be necessary to determine compliance.
(2)
Permits to be shown. Zoning permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises affected whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform building operations of any kind unless a zoning permit covering such operation has been previously issued and is being displayed as required by this chapter, nor shall they perform building operations of any kind after notification of the revocation of said zoning permit.
(3)
Revocation of permits. The Zoning Officer may revoke a zoning permit at any time if it appears that the application or accompanying plan is in any material respect false or misleading or that work being done upon the premises differs materially from that called for in the application. In such a case, the person holding the permit shall immediately surrender it and all copies thereof to the Zoning Officer. Before issuing a new zoning permit, the Zoning Officer may require the applicant to file an indemnity bond in favor of the city with sufficient surety conditioned for compliance with this chapter and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.
B.
Occupancy permits. An occupancy permit, issued in duplicate, certifying that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the permit, shall be secured from the Zoning Officer after inspection and prior to the use or occupancy of any building or structure or part thereof for which a zoning permit is required or for any change of use of any existing building or structure or part thereof or for any change of use of land. In all cases, a copy of the occupancy permit shall be kept at all times upon the premises and shall be displayed upon request made by any officer of the city. A record shall be kept of all occupancy permits, and the original applications shall be kept on file in the office of the Zoning Officer.
(1)
Application for permit. Application for an occupancy permit shall be made in writing on a form furnished by the Zoning Officer setting forth such facts as the Zoning Officer may require.
(2)
Permit shall continue. An occupancy permit, once granted, shall continue in effect so long as there is no change of use, regardless of change in the personnel of tenants or occupants.
§ 220-29 Appeals.
A.
Appeal from decision of Zoning Officer.[1]
(1)
Any person, officer of the city or firm or corporation which deems itself aggrieved by any order of the Zoning Officer shall have the right to file a written appeal to the Board within 20 days of the issuance of said order. Such appeal shall contain the information required in Subsection E, and a duplicate copy shall be sent to the Zoning Officer. The Zoning Officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(2)
It shall be competent for the Zoning Officer to recommend to the Board a modification or reversal of his action in cases where he believes substantial justice requires the same but where he has not himself sufficient authority to grant the relief sought. The Board shall fix a reasonable time for the hearing of appeals and give public notice thereof by advertising at least one week before the hearing and shall give due notice to the parties in interest and shall decide all appeals within a reasonable time. Any party may appear in person or be represented by an agent or attorney.
(3)
The Board shall decide each appeal within 30 days, and notice thereof shall be given to all parties in interest. The Board's decision shall be immediately filed in its office and be a public record. In the exercise of its functions upon such appeals, the Board may, in conformity with the provision of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination in accordance with the provisions hereof.
B.
Expiration of appeal decision. Unless otherwise specified by the Board, a decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary zoning permit or comply with the conditions of said authorized permit within six months from the date of authorization thereof.
C.
Appeal from decision of Board. In case of an appeal from the Board to the Court of Common Pleas, the Board shall make the return required by law and shall promptly notify the City Solicitor of such appeal and furnish him with a copy of the return, including transcript of testimony. Any order of the Board not appealed within 30 days shall be final.
D.
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Officer certifies to the Board, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board after notice to the Zoning Officer or by the Court of Common Pleas.[2]
E.
[3] Information required on appeals to the Board. All appeals from a decision of the Zoning Officer and applications to the Board shall be in writing on forms prescribed by the Board. Every appeal or application shall include the following:
(1)
The name and address of the applicant or appellant.
(2)
The name and address of the owner of the zone lot to be affected by such proposed change or appeal.
(3)
A brief description and location of the zone lot to be effected by such proposed change or appeal.
(4)
A statement of the present zoning classification of the zone lot in question, the improvements thereon and the present use thereof.
(5)
A statement of the section of this chapter under which the appeal is made and reasons why it should be granted, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal.
(6)
A reasonably accurate description of the present improvements and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements existing thereon and proposed to be erected thereof.
§ 220-30 Variances.
A.
Board may authorize variance. Upon appeal and after public notice and personal notice as hereinafter prescribed in § 220-31 and after hearing and subject to appropriate safeguards and conditions for the protection of public and of neighboring properties, the Board may for a use permitted in the zone district vary the strict application of any of the requirements of this chapter, provided that said variance shall be in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case.
B.
Purpose of variance. The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone.
C.
Required showing for variances. No variance in the strict application of any provision of this chapter shall be granted by the Board unless it finds the following:
(1)
That there are special circumstances or conditions, fully described in the findings, applying to the land or buildings that do not apply generally to land or buildings in the neighborhood.
(2)
That said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
(3)
That for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance, as granted by the Board, is the minimum variance that will accomplish this purpose.
(4)
That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and district in which the property is located.
§ 220-31 Public hearings. [1]
Upon filing with the Board of an appeal or of a request for a variance as required by the terms of this chapter or for such other purposes as provided herein where the Board deems it in the public interest, the Board shall fix a time and place for a public hearing thereof as follows. Hearings shall be held in accordance with the provisions of the Municipalities Planning Code (53 P.S. § 10101 et seq.) and in accordance with the provisions herein.
A.
Public notice. By publishing a notice once each week for two successive weeks in a newspaper of general circulation in the city. The notice will state the time and place of the hearing and the particular nature of the matter to be considered. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
[Amended 1-9-1990 by Ord. No. 425]
B.
Notice to appellant. Written notice shall be given, by mail, to the applicant the Zoning Officer and such other interested parties who make a timely request for the same. In addition to the written notice provided herein, written notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
[Amended 1-9-1990 by Ord. No. 425]
C.
Notice to local officials. By mailing a notice to the Mayor and each other member of City Council, to the City Planning Commission and to the City Clerk.
D.
Notice to interested parties. By mailing a notice thereof to every association of residents of the city and any other interested party who shall have registered their name and addresses for this purpose with the Board.
E.
Notice to owner and neighbors. When the Board shall order, by mailing a notice thereof to the owner, if his residence is known, and to the occupant of every lot on the same street within 300 feet of the lot or building in question and of every lot not on the same street within 100 feet of said lot or building, provided that failure to give such notice as specified in this subsection shall not invalidate any action taken by the Board.
F.
Nature of notice. The notice required shall be posted upon instructions from the Board and shall state the location of the building or lot in question and the general nature of the question involved.
§ 220-32 Amendments.
[Amended 1-9-1990 by Ord. No. 425[1]]
Amendments shall be made in accordance with the provisions of the Municipalities Planning Code (53 P.S. § 10101 et seq.) and in accordance with the provisions herein.
A.
Review by Planning Commission. After the introduction of any bill proposing amendment, supplement or change in this Zoning Chapter, the City Council shall refer such bill to the City Planning Commission for review. A report on said review, together with any recommendations, shall be given to the City Council, in writing, within 15 days from the date of said referral. If the Planning Commission shall fail to file such a report within the specified time and manner, it shall be conclusively presumed that the Planning Commission has approved the proposed amendment, supplement or change.
B.
Public hearing. Thereupon, the Council shall fix a time for public hearing, and notice of such public hearing shall be published in at least one newspaper of general circulation in the city three consecutive times, the first insertion to appear at least 10 days prior to the date fixed for said public hearing.
C.
Opportunity to be heard. Everyone present at the public hearing shall be given full opportunity to be heard.
D.
Required vote. An affirmative vote of at least four members of the Council shall be required to pass the proposed amendment, supplement or change.
E.
Publication of amendments. Upon final approval of the ordinance adopted in accordance with the above, said ordinance shall be forthwith published in accordance with the provisions of 53 P.S. § 36014 relating to publication of ordinances prescribing penalties.
F.
Requirements for boundary changes. All amendments to district boundaries shall comply with the following requirements:
(1)
A proposed R District shall be large enough so that at least one-half (1/2) of the number of existing building sites do not abut a C District or an M District.
(2)
A proposed C District which does not abut an existing C or M District shall contain at least one-half (1/2) an acre.
(3)
A proposed M District which does not abut an existing M District shall contain at least five acres.
§ 220-33 Enforcement and penalties.
A.
Council may initiate appropriate action. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or regulation made under authority conferred hereby, the City Council or, with its approval, the Zoning Officer or other proper official, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, conversion, maintenance or use, to restrain, correct or abate such violation within 10 days and to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
[Amended 12-12-1994 by Ord. No. 526]
B.
Violation punishable. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Zoning Chapter shall, upon being found liable therefor in a civil enforcement proceeding, pay a judgment of not more than $500, plus all costs to include attorney fees. Each day that a violation continues shall constitute a separate violation.
[Amended 1-9-1990 by Ord. No. 425]
§ 220-34 Legal counsel to Zoning Hearing Board.
[Added 1-5-1973 by Ord. No. 182-73]
A.
There is hereby created the position of Legal Counsel to the Zoning Hearing Board of the City of Pottsville.
B.
The Legal Counsel for the Zoning Hearing Board shall be appointed by the Zoning Hearing Board.
C.
The Legal Counsel for the Zoning Hearing Board shall have the superintendence, direction and control of all legal matters in which the Zoning Hearing Board is involved and shall represent it in court on all appeals from the ruling of said Zoning Hearing Board.
D.
The Legal Counsel for the Zoning Hearing Board shall, when requested, furnish the members of the Zoning Hearing Board with his opinion, in writing, upon any questions of law which may be submitted by them to him in this official capacity.
E.
The annual salary of the Legal Counsel to the Zoning Hearing Board shall be $1,500 per annum payable biweekly until hereafter changed by the Council.
§ 220-35 Fees.
The following fees, in addition to fees required by the Building Code,[1] shall be paid at the office of the Building Inspector upon the filing of an application for:
A.
Zoning permits for uses not requiring Board action: $25.
B.
Zoning permits for use requiring Board Action: $600.
[Amended 11-15-1988 by Ord. No. 399; 1-13-1997 by Ord. No. 565]
D.
Reclassification of amendment: $600.
[Amended 11-15-1988 by Ord. No. 399; 1-13-1997 by Ord. No. 565]
E.
Certificates of nonconformance: $25.
[Amended 3-13-1979 by Ord. No. 252; 12-30-1982 by Ord. No. 314; 12-12-1994 by Ord. No. 526]
F.
Occupancy permit: $50.
G.
Should a stenographic record of the hearing be required, the applicant shall also pay the cost thereof.
§ 220-36 Provisions to be minimum standards; conflict with other regulations.
In the interpretation and the application of the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this chapter imposes a greater restriction upon the use of building or requires larger open spaces, the provisions of this chapter shall control.