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Saxonburg City Zoning Code

PART 9

ADMINISTRATION AND ENFORCEMENT, BUILDING PERMITS, OCCUPANCY PERMITS

§ 27-111 Zoning Officer.

[Ord. 366, 2/5/1992, Art. IX, § 9.00]
The Zoning Officer for the Borough of Saxonburg shall administer and enforce this chapter. The Zoning Officer shall be appointed by the Council of the Borough of Saxonburg and shall hold no elective office in the Borough. The Zoning Officer shall meet the qualifications established by the Borough and shall be able to demonstrate, to the satisfaction of the Borough, a working knowledge of municipal zoning. The Zoning Officer shall be empowered to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his/her employment.

§ 27-112 Complaints Regarding Violations.

[Ord. 366, 2/5/1992, Art. VIII, § 9.01]
Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the cause and basis thereof and shall be filed with the Zoning Officer. The Zoning Officer shall properly record each complaint, shall investigate the complaint immediately and shall take action thereon as provided by this chapter.

§ 27-113 Enforcement Notice.

[Ord. 366, 2/5/1992, Art. IX, § 9.02]
If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he shall give a written enforcement notice to the violator. 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 he 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.

§ 27-114 Enforcement Remedies.

[Ord. 366, 2/5/1992, Art. IX, § 9.03]
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 be 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 this 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 for enforcement pursuant to this section.

§ 27-115 Other Remedies.

[Ord. 366, 2/5/1992, Art. IX, § 9.04]
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, 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.

§ 27-116 Building Permits Required.

[Ord. 366, 2/5/1992, Art. IX, § 9.05]
No building, structure, storage tank or sign shall be erected, moved, added to or structurally altered without a permit therefor, issued by the Zoning Officer or his authorized representative.

§ 27-117 Application for Building Permit.

[Ord. 366, 2/5/1992, Art. IX, § 9.06]
1. 
All applications for building permits shall be accompanied by two copies of plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact size and locations on the lot of the buildings already existing, if any; and the location and dimensions of the proposed building or alteration or tank size. The application shall include such other information as lawfully may be required by the Zoning Officer under the terms of the Building Code for the Borough of Saxonburg, including existing or proposed buildings or alterations; existing or proposed uses of building, land or tank; the name of families, the number of housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter and the Building Code and other pertinent ordinances. One copy of the approved plans shall be returned, together with the building permit, to the applicant. Applicants must also pay the necessary fee, if any, as provided in § 27-122. Such permits shall be valid for 18 months and may be renewed thereafter without fee for one six-month period.
2. 
Building permits shall not be issued for a public occupied building until permission is obtained from the Department of Labor and Industry. A copy of the drawing approved by the Department shall be filed with the building application.

§ 27-118 Construction and Use to be Provided in Application, Plans, Permits.

[Ord. 366, 2/5/1992, Art. IX, § 9.07]
Building permits issued on the basis of plans, and applications approved by the Zoning Officer authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided for by § 27-114, hereof.

§ 27-119 Occupancy Permits.

[Ord. 366, 2/5/1992, Art. IX, § 9.08]
1. 
For New Uses. After completion of the whole building or structure, and upon the sworn application by the owner or his duly authorized agent, setting forth such facts as the Zoning Officer may require, and after actual inspection of the premises by the Zoning Officer, he shall, upon finding the facts to be as represented, issue in duplicate an occupancy permit, certifying that the premises comply with the provisions of this chapter and may be used for the purpose set forth in the permit, which purposes shall conform with the requirements of this chapter. No change of use shall be made in any building, structure, or premises, or premises now or hereafter erected or altered that is not consistent with the requirements of this chapter. Any person desiring to change the use of his premises shall apply to the Zoning Officer for an occupancy permit setting forth such facts as may be required. A copy of the occupancy permit shall be kept at all times upon the premises affected, and shall be displayed upon request made by the Zoning Officer, Borough fireman or police officer. A record shall be kept of all occupancy permits issued and the original application therefore shall be kept on file in the same manner as application for building permits. No owner, tenant or other person shall use or occupy any building or structure thereafter erected or altered, the use of which shall be changed after the passage of this chapter without first procuring an occupancy permit; provided, that an occupancy permit once granted shall continue in effect so long as there is no change of use, regardless of change in the personnel or tenants or occupants. Single-family dwellings will be issued a letter allowing occupancy which will specify intended use.
2. 
For Existing Uses. Upon written request from the owner, tenant or occupant, the Zoning Officer, after inspection, shall issue an occupancy permit for an existing use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter. No change or extension of use, and no alterations shall be made in a nonconforming use or premises without an occupancy permit having first been issued by the Zoning Officer stating that such change, extension or alteration is in conformity with the provisions of this chapter.
3. 
Labor and Industry Approval Required. For all new and existing uses for which Pennsylvania Department of Labor and Industry approval is required, evidence of such approval shall be submitted with the application for a certificate of occupancy. The certificate of occupancy shall not be issued until evidence of such approval is presented to the Zoning Officer.

§ 27-120 Applications for Conditional Use Approval.

[Ord. 366, 2/5/1992, Art. IX, § 9.09]
The procedure for requesting approval of a conditional use is as follows:
A. 
A written application and preliminary plan shall be filed with the Zoning Officer. The application shall be of a form approved by the Council. The preliminary plan shall address itself to all applicable conditions for that particular conditional use.
B. 
The preliminary plan and application shall be reviewed by the Zoning Officer and submitted to the Borough Council for acceptance at the next scheduled public meeting.
C. 
Upon review the Council shall submit the application and preliminary plan to the Planning Commission for review and recommendation, within seven days after the Council meeting.
D. 
The Planning Commission shall review the application and preliminary plan and submit their recommendations to Council within 30 days after receiving said application and plan.
E. 
The Council shall conduct a public hearing within 45 days after receiving the application from the Planning Commission.
F. 
Public notice of the public hearing shall be given. The subject property shall be conspicuously posted with a notice of the conditional use request, for at least 14 days before the hearing.
G. 
The Council shall, at the hearing, examine the preliminary plan and listen to relevant testimony from the owner of the property, or his agent, the Zoning Officer, and any interested citizen. The Council shall pose necessary questions to any of the above parties. Council shall consider whether the application meets the general and specific express standards and criteria for the conditional use contained in Part 5.
H. 
Within 30 days of the conclusion of the public hearing, Council shall decide on the conditional use application. In approving a conditional use application, Council may prescribe reasonable and appropriate conditions and safeguards to protect the public health safety and welfare. A majority vote of the Council shall be required for approval. The property owner, his agent, the Planning Commission, and the Zoning Officer shall receive written notification of the Council decision. Any other interested parties can, at the hearing, request receipt of the written notification. In any case, the written notification shall be sent within five days following Council's decision.
I. 
When a conditional use has been denied by Council, no request for that particular use may be refiled with the Zoning Officer for at least one year from the date of denial. The only exception to this provision shall be if the landowner or his agent can show a change in circumstances regarding the property, which would warrant re-examination of the conditional use request within the year's limitation. Such showing of changed circumstances shall be submitted in writing, along with a conditional use application, to the Zoning Officer.
J. 
Minor changes in design or specifications of an approved conditional use, which in no way constitutes an expansion of the conditional use, can be approved by the Zoning Officer upon request. If such a change is approved, the Zoning Officer shall notify each member of Council in writing within seven days of the approval. If any member of Council wishes to challenge the approval, he must do so in writing within seven days of receipt of the notice of approval. If proper challenge is made, the matter shall come before the full Council for approval. If no challenge is made by a member of Council, the change is approved and the Zoning Officer shall be so notified.
K. 
Any change in an approved but not completed conditional use, and any change in a completed conditional use which constitutes an expansion of such use, shall be subject to Council approval under this section and the standards of Part 5. Any improper expansion of a conditional use shall be a violation of this chapter and shall be subject to the penalties of this chapter, including, but not limited to, a fine and an action to remove the improper expansion.

§ 27-121 Applications for Uses by Special Exception.

[Ord. 366, 2/5/1992, Art. IX, § 9.10]
All applications for uses by special exception shall comply with the requirements of § 27-76 for applications submitted to the Zoning Hearing Board. The procedure for reviewing uses by special exception shall conform to the requirements of § 27-75 governing proceedings before the Zoning Hearing Board. All uses by special exception shall be subject to the general and specific express standards and criteria of Part 5.

§ 27-122 Fee Schedules.

[Ord. 366, 2/5/1992, Art. IX, § 9.11]
1. 
Borough Council, from time to time, shall establish, by resolution, a schedule of fees and a collection procedure for building permits, appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the Borough building and shall be available for public inspection during regular business hours.
2. 
An application for a building permit, certificate of occupancy, variance, use by special exception, conditional use, appeal or other proceeding under this chapter shall not be considered until the required fees have been paid in full.