Selinsgrove City Zoning Code
PART 16
ADMINISTRATION AND ENFORCEMENT
§ 27-1601 General Procedure.
[Ord. 565, 11/17/1986]
Persons desiring to undertake any new construction, structural alteration or changes in the use of a building or lot shall apply to the Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee. The Zoning Officer will then either issue or refuse the zoning permit or refer the application to the Zoning Hearing Board. After the zoning permit has been received by the applicant, he may proceed to undertake the action permitted by the zoning permit, and upon completion of such action, shall apply to the Zoning Officer for an occupancy permit where such a permit is required. If the Zoning Officer finds that the action of the applicant has been taken in accordance with the zoning permit, he will then issue an occupancy permit allowing the premises to be occupied.
§ 27-1602 Zoning Permit Types.
[Ord. 565, 11/17/1986; as amended by Ord. 648, 8/7/1995]
1.
Under this Chapter, the following classes of zoning permits shall be issued:
A.
Permitted Uses. A zoning permit for a permitted use shall be issued by the Zoning Officer upon his sole determination that a proposed use is permitted under this Chapter.
B.
Special Exception Uses. A zoning permit for a special exception shall be issued by the Zoning Officer after a review, which review includes public notice and a hearing, by and upon the order of the Zoning Hearing Board.
C.
Conditional Uses. A zoning permit for a conditional use shall be issued by the Zoning Officer after review, which review includes public notice and a hearing, by the Planning Commission and the Borough Council and upon the order of the Borough Council.
D.
Variance. A zoning permit for a variance shall be issued by the Zoning Officer after review, which review includes public notice and hearing, by and upon the order of the Zoning Hearing Board.
§ 27-1603 Zoning and Occupancy Permits and Certificates.
[Ord. 565, 11/17/1986; as amended by Ord. 656, 9/9/1996; and by Ord. 757, 9/4/2007]
1.
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. Zoning permits shall not be required for minor repairs to existing buildings. All applications for zoning permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises, and no person shall perform building operations of any kind unless a zoning permit is being displayed as required by this Chapter. The Zoning Officer or the Board may revoke a zoning permit at any time if it appears that the application 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.
2.
Time Limit for Application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing unless such application has been diligently prosecuted or a permit shall have been issued, except that reasonable extensions of time for additional periods not exceeding 90 days each may be granted at the discretion of the Zoning Officer.
3.
Expiration of Permit. The permit shall expire after one year from the date of issuance; provided, however, that the same may be extended every six months for a period not to exceed an additional one year.
4.
Occupancy Permits. The purpose of an occupancy permit is to certify that the premises comply with the provisions of this Chapter and other applicable regulations and may be used for the purpose set forth in the occupancy permit. Prior to the use or occupancy of any land, structure or building for which a zoning permit is required or to any change of use of land or any change in nonresidential occupancy of an existing structure or part thereof, or to any change in nonresidential occupancy of land, an occupancy permit shall be secured from the Zoning Officer. For the purposes of this Section of this Chapter, changes in nonresidential occupancy shall be any change in the actual possession to another tenant or tenants, or owner or owners and/or any change in the actual use of an existing structure, or part thereof, or of any tract of land, or part thereof, or any activity that results in the noncompliance with any provision of this Chapter or with any conditions specified on the current certificate of occupancy. A change from one type of commercial, retail, residential, industrial, office or any other use to another use shall be considered a change in use. Such activities shall include, but not be limited to, the increase of floor area, the addition of seats or beds, the increase in the number of employees or professional persons or the addition of dwelling units. A copy of the occupancy permit shall be kept upon the premises and shall be displayed upon request made by any officer or employee or agent of Borough Council. All applications for occupancy permits shall be in writing on forms to be furnished by the Zoning Officer. Issuance of an occupancy permit is not, nor shall it be deemed to be, a warranty or guaranty by the Borough that the lot is fit for the particular use set forth in the permit and the Borough shall not be liable in any way to the owner or occupant for the issuance of the permit.
5.
Certificate of Nonconforming Use. The owner of the premises occupied by a lawful nonconforming use or building may secure a certificate of nonconforming use from the Zoning Officer. Such certificate shall be authorized by the Zoning Hearing Board and shall be for the purpose of ensuring to the owner the right to continue such nonconforming use.
§ 27-1604 Zoning Officer.
[Ord. 565, 11/17/1986]
1.
Appointment of Enforcement Officer. This Chapter shall be enforced by the Zoning Officer, who shall be appointed by the Borough Council of the Borough.
2.
Deputy Zoning Officer. The Zoning Officer may designate an employee of the Borough as his Deputy, who shall exercise all the powers of the Zoning Officer as may be delegated by the Zoning Officer.
3.
Duties and Powers. The Zoning Officer shall receive and examine all applications required under the terms of this Chapter and shall issue or refuse permits within 30 days of the receipt of the application or shall refer said application to the appropriate body. The Zoning Officer shall issue a written notice of violation to any person, firm or corporation violating any provisions of this Chapter. He shall keep records of applications, of permits or certificates issued, of variance granted, of inspections made, of reports rendered and of notices or orders issued, and shall make all required inspections and perform all other duties as called for in this Chapter. The Zoning Officer may require such drawings, plans, surveys or other documentation as necessary for the enforcement of this Chapter.
§ 27-1605 Zoning Hearing Board.
[Ord. 565, 11/17/1986; as amended by Ord. 648, 8/7/1995; Ord. No. 872, 8/16/2024]
1.
Board Created. The Borough Council does hereby create a Zoning Hearing Board as provided for by the Pennsylvania Municipalities Planning Code. The Board shall consist of three members who shall be residents of the Borough and who shall hold no other office in the Borough. The Borough Council may appoint by resolution up to three residents of the Borough to serve as alternate members of the Board, who shall hold no other office in the Borough and who shall serve as provided for under Section 903(b) of the Pennsylvania Municipalities Planning Code (53 P.S. § 10903(b)).
2.
Appointment of Members. The terms of office of the Board shall be three, four, and five years, respectively, and shall be so fixed that the term of office of one member of the Board shall expire each year thereafter. Appointments to fill vacancies shall be only for the unexpired portion of the term. The term of office of an alternate member shall be three years. The reduction of the number of members from five members to three members shall be effectuated by allowing the term of an existing member to expire and by making no new appointments to fill the vacancy until there are only three members of the Board remaining.
3.
Powers and Duties. The Board shall have exclusive jurisdiction to hear and render final adjudication in those matters specified in §909.1 of the Pennsylvania Municipalities Planning Code (53 P.S. §10909.1), which are as follows:
A.
Substantive challenges to the validity of this Chapter or of any other land use ordinance, except for challenges by the proposal of a curative amendment, which must be brought before the Borough Council.
B.
Challenges to the validity of an ordinance that forms a part or all of this Chapter or any other land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption and which have been raised within 30 days of the effective date of the Chapter.
C.
Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, the failure to act on an application for a permit, the issuance of any cease-and-desist order and the registration or refusal to register a nonconforming use, structure or lot.
D.
Appeals from a determination of the Borough Engineer or the Zoning Officer regarding administration of any floodplain or flood hazard ordinance or such provisions within this Chapter or any other land use ordinance.
E.
Applications for variances from the terms of this Chapter or of any flood hazard ordinance or such provisions within this Chapter or any other land use ordinance, pursuant to §910.2 of the Pennsylvania Municipalities Planning Code (53 P.S. §10910.2).
F.
Applications for special exceptions under this Chapter or any floodplain or flood hazard ordinance or such provisions within this Chapter or any other land use ordinance, pursuant to §912.1 of the Pennsylvania Municipalities Planning Code (53 P.S. §10912.1).
G.
Appeals from the determination of any officer or agency charged with the administration of transfers of development rights or of performance density provisions of this Chapter.
H.
Appeals from the Zoning Officer’s determination under §916.2 of the Pennsylvania Municipalities Planning Code (regarding procedure to obtain preliminary opinion) (53 P.S. §10916.2).
I.
Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of this Chapter or any other land use ordinance regarding sedimentation, erosion control or stormwater management that are not brought before the Borough Council under Article V (relating to subdivision and land development) or Article VII (relating to planned residential development) of the Pennsylvania Municipalities Planning Code.
§ 27-1606 Adjudications of Borough Council.
[Ord. 565, 11/17/1986; as added by Ord. 648, 8/7/1995]
1.
The Borough Council or, except as to Paragraphs C, D and E, the Planning Commission, if designated, shall have exclusive jurisdiction to hear and render final adjudications in the following matters (underlined words show matters pertaining to currently effective provisions of this Chapter):
A.
All applications for approvals of planned residential developments under Article VII (relating to planned residential development) of the Pennsylvania Municipalities Planning Code (53 P.S. §10701 et seq.). (Note: Planned residential developments are not authorized by this Chapter, nor has such been recommended by the Planning Commission or contemplated under the Comprehensive Plan).
B.
All applications for approval of subdivisions or land developments under Article V (relating to subdivision and land development) of the Pennsylvania Municipalities Planning Code (53 P.S. §10501 et seq.). (Note: Subdivisions and land development under said Article are governed by the Borough Subdivision and Land Development Ordinance [Chapter 22].)
C.
Applications for conditional use under the express provisions of this Chapter pursuant to §603(c)(2) of the Pennsylvania Municipalities Planning Code (53 P.S. §10603(c)(2)).
D.
Applications for curative amendments to this Chapter pursuant to §§609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (53 P.S. §§10609.1 and 10916.1(a)(2)).
E.
All petitions for amendments to this Chapter or other land use ordinance, pursuant to the procedures set forth in §609 of the Pennsylvania Municipalities Planning Code (53 P.S. §10609). Any action on such petitions shall be deemed legislative acts, provided that nothing contained in this subsection shall be deemed to enlarge or diminish existing law with reference to appeals to court.
F.
Appeals from the determination of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to application for land development under Article V (relating to subdivision and land development) and Article VII (relating to planned residential development) of the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq.
§ 27-1607 Variances.
[Ord. 565, 11/17/1986]
1.
The Board shall hear requests for variances where it is alleged that the provisions of this Chapter inflict unnecessary hardship upon the applicant, subject to the provisions of the Municipalities Planning Code. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that the following findings are made where relevant in a given case:
A.
There are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not to the circumstances or conditions generally created by the provisions of this Chapter in the neighborhood or district in which the property is located.
B.
Because of such physical circumstances or conditions there is no possibility that the property can be developed in strict conformity with the provisions of this Chapter and that authorization of a variance is therefore necessary to enable the reasonable use of the property.
C.
Such unnecessary hardship has not been created by the appellant.
D.
The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
E.
The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
2.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Chapter.
§ 27-1608 Appeals and Public Hearings.
[Ord. 565, 11/17/1986; as amended by Ord. 648, 8/7/1995; and by Ord. 841, 10/7/2019]
1.
Appeals Before the Zoning Hearing Board. Appeals before the Zoning Hearing Board shall be filed within 30 days after a person receives notice of the matter which forms the subject matter of the appeal by filing with the Board a notice of appeal specifying the grounds thereof. When the appeal arises from an adverse determination of the Zoning Officer, a notice of appeal shall also be filed with the Zoning Officer.
2.
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.
3.
Appeal from Decision of Board. Any appeal from a decision of the Zoning Hearing Board shall be made to the court. 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 Solicitor of the Borough 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.
4.
Stay of Proceedings. An appeal shall stay all proceedings appealed 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.
5.
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:
A.
The name and address of the applicant or appellant.
B.
The name and address of the owner of the zone lot to be affected by such proposed change or appeal.
C.
A brief description and location of the zone lot to be affected by such proposed change or appeal.
D.
A statement of the present zoning classification of the zone lot in question, the improvements thereon and the present use thereof.
E.
A statement of the section of this Chapter under which the appeal is made and the 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.
F.
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 thereon and proposed to be erected thereon.
6.
Hearing Requirements. The Board shall conduct hearings and make decisions in accordance with the following requirements:
A.
Public notice shall be given; written notice shall be conspicuously posted on the affected tract of land at least one week prior to the hearing; and written notice shall be given to the applicant, the Zoning Officer and to any person who has made timely request for written notice in such manner and at such time as shall be determined by the Board.
B.
The Borough Council may prescribe reasonable fees with respect to hearings before the Board. Fees for the hearings may include compensation for the Secretary and members of the Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
C.
The first hearing before the Board shall be commenced within 60 days from the date of receipt of the applicant’s application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant’s case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Borough, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.
D.
The hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the Borough, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.
E.
The parties to the hearing shall be the Borough, any person who has been affected by the application who has made timely appearance of record before the Board and any other person, including civic and community organizations, permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided for that purpose.
F.
The Chairman or Acting Chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
G.
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
H.
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
I.
The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board or hearing officer if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting them. In other cases the party requesting the original transcript shall bear the cost of it.
J.
The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or surroundings after the commencement of the hearings with any party or his representative unless all parties are given an opportunity to be present.
K.
The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of facts and conclusions based on them together with the reasons for them. Conclusions based on any provisions of this Chapter or of any statute, rule or regulation shall contain a reference to the provision and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations on them to the Board prior to final decision or entry of findings, and the Board’s decision shall be entered no later than 30 days after the report of the hearing officer. Where the Board fails to render the decision within the time period required by this subsection or fails to hold the required hearing within 60 days from the date of the applicant’s request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as provided here, the Board shall give public notice of that decision within 10 days from the last day it could have met to render a decision. If the Board fails to provide public notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party to appeal the decision to a court of competent jurisdiction.
L.
A copy of the final decision or, where no decision is called for, of the findings shall be mailed or delivered personally to the applicant not later than the day following its date. To all other persons who have filed their names and addresses with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
§ 27-1609 Special Exceptions.
[Ord. 565, 11/17/1986]
1.
The Board shall hear and decide only such special exceptions to the terms of this Chapter as the Board is specifically authorized to pass upon by the terms of this Chapter. The granting of a special exception, when specifically authorized by the terms of this Chapter, shall be subject to the following conditions and guiding principles:
A.
Such use shall be one which is specifically authorized as a special exception use in the district in question.
B.
Such permits shall only be granted subject to any applicable condition and safeguards as required by this Chapter.
C.
Such permit may be granted subject to such additional reasonable conditions and safeguards as may be deemed by the Board to be advisable and appropriate.
D.
Such use shall be found by the Board to be in harmony with the general purpose and intent of this Chapter.
E.
Such use shall not adversely affect the character of the district nor the conservation of property values nor the health and safety of residents or workers on adjacent properties and in the general neighborhood.
F.
Such use shall be such appropriate size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood.
G.
Such use shall not conflict with the direction of building development in accordance with the borough’s Comprehensive Plan or portions thereof which has been adopted by the Planning Commission.
§ 27-1610 Conditional Uses.
[Ord. 565, 11/17/1986; as amended by Ord. 648, 8/7/1995; and by Ord. 841, 10/7/2019]
1.
Conditional uses as specified in this Chapter shall be allowed or denied by the Borough Council following public notice and a hearing and pursuant to recommendations made by the Planning Commission after a no more than sixty-day review by the Planning Commission. A proposed conditional use shall be permitted based on the determination by the Borough Council that it is appropriate to the specific location for which it is proposed, consistent with the community development plan, and in keeping with the purposes and intent of this Chapter. In allowing a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to any expressed in this Chapter, as it may deem necessary to implement the purposes of the Municipalities Planning Code and this Chapter. The following criteria shall be used as a guide in evaluating a proposed conditional use:
A.
The presence of adjoining similar uses.
B.
An adjoining district in which the use is permitted.
C.
The need for the use in the area proposed as established by the Comprehensive Plan or other valid service.
D.
Sufficient area to effectively screen the conditional use from adjacent different uses.
E.
The use will not detract from the permitted uses of the district.
F.
Sufficient safeguards, such as parking, traffic control, screening and setbacks, can be implemented to remove any potential adverse influences the use may have on adjoining uses.
G.
The notification of abutting property owners.
2.
Should the applicant fail to obtain the necessary permits within a six-month period, or, having obtained the permit, should he fail to commence work thereunder within such six-month period, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned his appeal or his application, and all provisions, conditional use and permits granted to him shall be deemed automatically rescinded by the Borough Council.
3.
Where the Borough Council fails to render its decision within the period required herein or fails to commence, conduct, or complete the required hearings as provided in §27-1608.C, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of the Pennsylvania Municipal Planning Act, as amended. If the Borough Council shall fail to provide such public notice, the applicant may do so.
§ 27-1611 Amendments.
[Ord. 565, 11/17/1986; as amended by Ord. 648, 8/7/1995]
1.
The Borough Council may from time to time amend this Chapter, including the Zoning Map. The amendment may be a curative amendment initiated by a landowner or it may be an amendment initiated by the Borough Council, the Planning Commission or otherwise by petition to the Borough Council.
A.
Curative Amendment Initiated by Landowner. A landowner who desires to challenge this Chapter on substantive grounds because it prohibits or restricts the use or development of land in which the landowner has an interest may submit a curative amendment to the Borough Council pursuant to §609.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10609.1, and the Borough Council shall act on it pursuant to that section.
B.
Amendment by Other than Curative Amendment.
(1)
Procedure for Petition. A petition for amendment shall contain as fully as possible all relevant information and shall be signed by at least one record owner of the property in question, whose signature shall be notarized, attesting to the truth and correctness of all the facts and information presented in the petition. A fee established by resolution of the Borough Council shall be paid upon the filing of the petition for the purpose of defraying the costs of the proceedings to act on the petition.
(2)
Hearing and Notice. Before voting whether or not to enact an amendment, the Borough Council shall hold a public hearing on the proposed amendment, pursuant to public notice. In addition, if the proposed amendment involves a change to the Zoning Map, notice of the public hearing shall be conspicuously posted at least one week before the hearing by the Borough Council at points deemed sufficient by the Borough Council along the perimeter of the affected tract.
(3)
Submission to Planning Commission. In the case of an amendment other than that prepared by the Planning Commission, the Borough Council shall submit the amendment to the Planning Commission for recommendations at least 30 days before the public hearing.
(4)
Submission to Snyder County Planning Commission. The Borough Council shall submit a proposed amendment to the Snyder County Planning Commission for recommendations at least 30 days before the public hearing.
(5)
When another public hearing necessary. If after the public hearing, any proposed amendment is revised to include land previously not affected by it, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
(6)
After Enactment. The Borough Council shall submit a copy of an amendment to the Snyder County Planning Commission within 30 days after enactment.
(7)
Mediation Option. As an aid to amendment proceedings, the parties of the proceeding may choose to mediate their differences in accordance with §908.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10908.1.
3.
Authentication of Zoning Map. Whenever there has been a change in the boundary of a zoning district or the classification of a zoning district, the change shall be made on the Zoning Map and shall be duly certified by the Borough Secretary, and the Zoning Map shall be reified as part of the permanent records of the Borough.
§ 27-1612 Violations and Penalties.
[Ord. 565, 11/17/1986; as amended by Ord. 648, 8/7/1995; and by Ord. 825, 10/3/2016]
1.
Enforcement Notice. If it appears to the Zoning Officer or to any other proper official of the Borough that a violation of this Chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this Section. The enforcement notice shall be sent to the owner of record of the parcel on 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 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.
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.
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.
2.
Causes of Action. 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, the Borough Council or, with the approval of the Borough Council, an officer of the Borough or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation may, in addition to other remedies, institute any appropriate action or proceeding to prevent restrain, correct or abate the building, structure, landscaping or land or to prevent in or about the premises any act, conduct, business or use constituting a violation. When such an action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough Council. No such action may be maintained until such notice has been given.
3.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated any provision of this Chapter shall, upon being found liable therefore 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 a district magistrate magisterial district judge, who shall have initial jurisdiction over proceedings brought under this Section. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the Pennsylvania Rules of Civil Procedure. Each day that a violation continues shall constitute a separate violation, unless the district magistrate 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 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 magistrate magisterial district judge, 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.
B.
The Snyder County Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
C.
Nothing contained herein 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.
§ 27-1613 Fees.
[Ord. 565, 11/17/1986]
Fees for permits and for the administration of the provisions of this Chapter shall be established by resolution.