Quarryville City Zoning Code
ARTICLE XVI
Administration
§ 420-1601 Intent.
It is the purpose of these regulations to prescribe the procedures by which the administration of this chapter shall take place. Nothing contained within this article shall be interpreted as limiting the adoption of administrative regulations which do not supersede required stated procedures.
§ 420-1602 Administration and duties.
A.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred on him by this chapter and who shall administer this chapter in accordance with its literal terms. The Zoning Officer shall not have the power to permit any construction or any use or change or use which does not conform to this chapter.
B.
Duties. The duties of the Zoning Officer shall be:
(1)
To examine all applications for permits;
(2)
To issue permits only for construction and uses which are in accordance with the regulations of this chapter and other applicable ordinances, as may be subsequently amended;
(3)
To record and file all applications for permits with the accompanying plans;
(4)
To issue permits for uses by special exception only after such uses and buildings are approved by the Zoning Hearing Board in accordance with the regulations of this chapter;
(5)
To receive all required fees and issue all necessary stop orders;
(6)
To inspect nonconforming uses, buildings and signs, and to keep a filed record of such nonconforming uses and buildings as public record, and to examine them periodically;
(7)
Upon the request of the Planning Commission or of the Zoning Hearing Board, present such body facts, records, and any similar information on specific requests to assist such body in reaching its decision; and
(8)
To be responsible for keeping up-to-date this Zoning Ordinance and accompanying Zoning District Map.
§ 420-1603 Appeals and complaints.
A.
Any appeal from a decision or action of the Zoning Officer shall be made directly to the Zoning Hearing Board.
B.
Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Officer. He shall record promptly such complaint, immediately investigate, and action thereon as provided by this chapter.
§ 420-1604 Enforcement; violations and penalties.
A.
Notice. If it appears to the Zoning Officer that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in Section 616.1 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1.
B.
Enforcement. This chapter shall be enforced by the designated Zoning Officer of the Borough of Quarryville. No permit of any kind as provided in this chapter shall be granted by him for any purpose except in compliance with the provisions of this chapter, or a decision of the Zoning Hearing Board or the courts.
C.
Remedies. In case any building, structure, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Borough Council or, the Zoning Officer, with the approval of the Borough Council, in addition to other remedies, may institute in the name of the municipality any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.
D.
Penalties. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of the Zoning Ordinance 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's 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 Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough shall enforce the judgment pursuant to the applicable rules of civil procedure. 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 ordinance 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.
§ 420-1605 Permits.
A.
Requirements for zoning permits. A zoning permit shall be required prior to the erection, construction or alteration of any building, structure or any portion thereof, prior to the moving of a building into the Borough, from one place in the Borough to another, prior to the change or extension of nonconforming use and shall be issued simultaneously with the required building permits.
B.
Application for permits. Application for permits shall be made in writing to the Zoning Officer on such forms as may be furnished by the Borough. Such application shall include building and plot plans of a satisfactory nature in duplicate, and shall contain all information necessary for such official to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this chapter. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work meets all the requirements of applicable codes and ordinances.
C.
Issuance of permits. 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.
D.
Permits shall be granted or refused within 10 days after date of application. In case of refusal, the applicant shall be informed of his right to appeal to the Zoning Hearing Board.
E.
No permit shall be granted until the applicant first satisfies the Zoning Officer that a permit for public sewage disposal has been secured, a building permit has been secured, and the applicant has otherwise complied or can comply with all other laws, regulations, legislations, ordinances, controls, conditions and provisions of Borough, county, state, federal or other governmental entities or instrumentalities which are or may be applicable to the use, building or structure or any activity or happening relating thereto, affecting same or effective thereby.
F.
Expiration of permits. No permit for the erection, razing, change, alteration, or removal of buildings shall be valid or effective after one year from the date of issuance thereof and shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced within one year from the date of issuance and proceeded with, with due diligence. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted by reason of any reasonable cause not due to his own negligence, the permit may be renewed without additional cost to the applicant.
§ 420-1606 Certificates of occupancy.
A.
Upon completion of the erection or alteration of any building, portion thereof, authorized by any permit, and prior to occupancy or use, the holder of such permit shall notify the Zoning Officer of such completion. No permit shall be considered complete or permanently effective, nor shall any building be occupied or lot used until said official has issued an occupancy permit certifying that the work has been inspected and approved as being in conformity with the permit and the provisions of this chapter and other applicable ordinances.
B.
In Commercial and Industrial Zoning Districts in which performance standards are imposed, no certificate of occupancy shall become permanent until 30 days after the facility is fully operating, when upon a reinspection by the Zoning Officer it is determined that the facility is in compliance with all performance standards.
C.
Certificate of occupancy shall be granted or denied within 10 days from the date of application.
§ 420-1607 Temporary permits.
A temporary permit may be authorized by the Zoning Hearing Board as a special exception for a nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Borough. Such a permit shall be issued for a specified period of time not exceeding six calendar months, and may be renewed for an aggregate period of not more than two years.
§ 420-1608 Sign permits.
A.
A sign permit shall be required prior to the erection or alteration or any sign.
B.
Application for permit shall be made in writing to the Zoning Officer, and shall contain all information necessary for such officer to determine whether the proposed sign, or the proposed alterations, conform to all the requirements of this chapter.
C.
Permits shall be granted or refused within 15 days from date of application.
D.
No sign 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.
E.
All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale, showing the following:
(1)
Exact dimensions of lot or building upon which the sign is proposed to be erected.
(2)
Exact size, dimensions and location of the said sign on lot or building.
(3)
Any other lawful information which may be required of applicant by the Zoning Officer. One copy of said plan or diagram shall be returned to applicant, after the Zoning Officer shall have marked such copy either approved or disapproved, and attested to same.
§ 420-1609 Schedule of fees.
A.
The Borough Council shall determine a schedule of fees, charges and expenses, as well as a collection procedure for special permits, variances, amendments and other matters pertaining to this chapter. Said schedule of fees shall be posted in the office of the Zoning Officer.
B.
The Borough Council shall be empowered to 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 Council by resolution.
C.
The required fees for zoning district amendments may vary according to advertising costs and thus shall be kept up-to-date by the Borough Council and the Zoning Officer. All such fees shall be paid into the Borough Treasury.
D.
Special exceptions and variances shall be issued only after fees have been paid in full, and the Zoning Hearing Board shall take no action on appeals until preliminary charges have been paid in full.
§ 420-1610 Amendments.
A.
Power to amend. The regulations, restrictions, boundaries and requirements set forth in this chapter may, from time to time, be amended, supplemented, changed, or repealed, through amendment by the Borough Council.