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Shamokin City Zoning Code

ARTICLE VIII

Administration

§ 510-34 Amendments.

The City Council may amend all regulations and/or restrictions included herein, by complying with the requirements set forth in the Third Class City Code.[1]
[1]
Editor's Note: See 11 Pa.C.S.A. § 10101 et seq.

§ 510-35 Board of Adjustment.

The City Council shall appoint a Board of Adjustment. Such Board shall have a number of members and such powers and authority as is set forth in the Third Class City Code.

§ 510-36 Enforcement.

A Zoning Officer shall be appointed by the City Council. He is hereby given the duty, power and authority to enforce the provisions of this chapter. He shall examine all applications for permits, issue zoning permits for construction and uses which are in accordance with the requirements of this chapter, record and file all documents and make such reports as may be required. Zoning permits for construction and uses which are a special exception or a variance to requirements of this chapter shall be issued only upon written order of the Board of Adjustment.
A. 
Zoning permits. A zoning permit shall be required prior to the erection, addition or alteration of any building or structure or portion thereof; prior to the use or change in use of a building, structure or land; and prior to the change or extension of a nonconforming use.
(1) 
Applications for permits. All applications for zoning permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate and such information as may be necessary to determine compliance with this chapter and all other pertinent ordinances. One copy of such plans shall be returned to the owner when such plans shall be approved. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.
(2) 
Issuance of permits. A zoning permit shall not be issued until it is certified that the proposed building, addition or alteration will comply with the provisions of this chapter.
B. 
Temporary zoning permits. A temporary zoning permit may be authorized by the Board of Adjustment 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 temporary zoning permit. Such temporary permits shall be issued for a specified period of time not to exceed one year and may be renewed annually for an aggregate period not exceeding three years. The method of application and issuance provided for zoning permits above shall also apply to temporary zoning permits.
C. 
Certificate of nonconformance. An application for a certificate of nonconformance may be made to the Board of Adjustment by the owner of any property which, at the time of the effective date of this chapter, does not conform to the provisions of this chapter. Such application may be made within 90 days after the effective date of this chapter, and the certificate of nonconformance shall set forth in detail all of the nonconforming conditions of said property. This certificate shall be for the purpose of ensuring to such owner the right to continue a nonconforming building or use in accordance with the regulations of this chapter. A copy of the certificate of nonconformance shall be retained by the Board of Adjustment.
D. 
Appeals, application for variances and special exceptions. An appeal, or application for a special exception or variance from the terms of this chapter may be filed with the Zoning Officer and shall state:
(1) 
The name and address of the applicant or appellant.
(2) 
The name and address of the owner of the real estate to be affected by such proposed exception or variance or appeal.
(3) 
A brief description and location of the real estate to be affected by such proposed change or appeal.
(4) 
A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.
(5) 
A statement of the section of this chapter under which the variance or exception requested may be allowed, and reasons why it should be granted or allowed, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed, and reasons for the 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 estate to be affected as provided in § 510-36A(1), indicating the location and size of the lot and size of improvements now erected and proposed to be erected thereon.
E. 
Board of Adjustment certificate. It shall be the duty of the Secretary of the Board of Adjustment to issue a Board of Adjustment certificate, which shall indicate the action of the Board of Adjustment on applications for a special exception, or a variance, or opinion on review. The Board of Adjustment may cancel or revoke a Board of Adjustment certificate for any violation of the chapter or of conditions imposed.

§ 510-37 Fees.

A. 
The fee for a zoning permit (or for a temporary zoning permit) shall be $30.
[Amended 6-12-2017 by Ord. No. 17-01; 10-14-2019 by Ord. No. 19-03]
B. 
Such fee shall be payable at the office of the Zoning Officer upon making application for such permit, and no permit shall be issued until such fee is paid.
C. 
Certificate of nonconformance. A fee of $10, payable in advance, shall be paid to the Zoning Officer upon making application for a certificate of nonconformance.
[Amended 6-14-1982 by Ord. No. 280]
D. 
Board of Adjustment certificate. A fee of $500, payable in advance, shall be paid for each appeal or application to the Board of Adjustment for a special exception or variance to cover advertising cost, mailing notices and the fee for a stenographer (if needed) for taking notes of the testimony will be an additional $350, provided that if more than 10 pages of testimony are taken in any case, the appellant or applicant shall reimburse the City for the cost of such additional testimony.
[Amended 6-14-1982 by Ord. No. 280; 6-12-2017 by Ord. No. 17-01; 10-14-2019 by Ord. No. 19-03]
E. 
Changes or amendments in the Zoning Ordinance and/or Zoning Map. A fee of $20, payable in advance, shall be paid for each application for a change or amendment in the Zoning Ordinance and/or Zoning Map.
[Amended 6-14-1982 by Ord. No. 280]
F. 
Statement of classification or compliance. A fee of $10, payable in advance, shall be paid for each certified statement of district classification of any property and/or compliance of any property with the provisions of this chapter.
[Amended 6-14-1982 by Ord. No. 280]
G. 
The fee for zoning sign permit shall be $30.
[Amended 10-14-2019 by Ord. No. 19-03]

§ 510-38 Violations and penalties.

A. 
Notice of violation. When written notice of a violation of any of the provisions of this chapter has been served by the Zoning Officer on the owner, agent or occupant, such violation shall be discontinued immediately.
B. 
Penalties. Any owner, agent or occupant of an entire building or premises in which any violation of this chapter has been committed or shall exist, and any owner, agent or occupant of any part of a building or premises in which any such violation has been committed or shall exist, and any person who knowingly commits, participates in or permits any such violation shall, upon conviction therefor, before any Magisterial District Judge in a summary proceeding, be sentenced for each such violation to pay a fine not exceeding $300, and in default thereof to undergo imprisonment in the county jail for a period not exceeding 30 days. Whenever any such person shall have been notified by the Zoning Officer, by prosecution or in any other manner, of such violation, each day thereafter that such violation shall continue shall constitute a separate violation hereof and may be punishable as such hereunder.
C. 
Remedies. 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 any ordinance or other regulation made under authority conferred hereby, the City, or with their approval the Zoning Officer or other proper official, in addition to other remedies, may institute any appropriate action of proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, 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.