Stroudsburg City Zoning Code
PART 12
ADMINISTRATION, PERMITS AND ENFORCEMENT
§ 27-1201 Zoning Officer Appointment.
The provisions of this chapter shall be administered and enforced by the Zoning Officer who shall be appointed by the Borough Council and may not hold any elective office in the Borough.
§ 27-1202 Enforcement - Power and Duties of Zoning Officer.
It shall be the duty of the zoning Officer and he shall have the power to:
1.
Receive and examine all applications for zoning permits, and issue permits when there is compliance with the provisions of this chapter;
2.
Receive zoning permit applications for special exceptions, variances, and special use permits and forward these applications to the Borough Planning Commission and/or the Zoning Hearing Board for action thereon in accordance with all applicable provisions of this chapter;
3.
Following refusal of a zoning permit, to receive applications for interpretations, appeals and variances and forward these applications to the Zoning Hearing Board for action thereon;
4.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter;
5.
Issue, stop, cease, and desist orders, and order in writing correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be served personally or by certified mail upon persons, firms, or corporations deemed by the Zoning Officer to be violating the terms of this chapter. It shall be unlawful for any person to violate any such order lawfully issued by the Zoning Officer, and any person violating such order shall be guilty of a violation of this chapter;
6.
With the approval of the Borough Council, or when directed by them, institute in the name of the Borough any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violations, so as to prevent the occupancy of or use of any building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises;
7.
Revoke any order or zoning permit issued under a mistake of fact or contrary to the law of the provisions of this chapter;
8.
Record and file all applications for zoning permits with the accompanying plans and documents and keep an official record of all business and activities, including complaints of a violation of any of the provisions of this chapter and of the subsequent action taken on each such complaint. All such records shall be open to public inspection. File copies of all applications received, permits issued, reports and inspections made in connection with any structure, building or land;
9.
Maintain a map or maps showing the current zoning classification of all land in the city;
10.
Upon the request of Borough Council, the Planning Commission or the Zoning Hearing Board, present facts, records or reports which they may request to assist such body in making decisions;
11.
Review and approve or deny temporary permits which shall be issued for a period not to exceed one year and which may be renewed annually for the following two years for the following:
A.
For nonconforming uses incidental to housing and construction projects and including such structures and uses as storage of building supplies and machinery, and a real estate office located on the tract being offered for sale, provided such permits are issued only upon agreement by the owner to remove the structure upon expiration of the permit;
B.
For structures or uses which are deemed by the Zoning Officer to be beneficial to the public health and necessary to the public welfare.
12.
The Zoning Officer shall identify, register and map all nonconforming uses and nonconforming structures created as a result of the adoption of this chapter or created as a result of amendments thereto.
§ 27-1203 Zoning Permits.
All applications for zoning permits shall be made in writing by the owner, or authorized agent on a form supplied by the Borough and shall be filed with the Zoning Officer.
1.
An application for a zoning permit shall include the following information, where applicable:
A.
A statement as to the proposed use of the building or land;
B.
A site layout, drawn to scale, showing the location, dimensions and height of proposed buildings, structures, or uses and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property;
C.
The location, dimensions and arrangements of all open spaces, yards and buffer yards including methods to be employed for screening;
D.
The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading, and provisions to be made for lighting such areas;
E.
The dimensions, location and methods of illumination for signs if applicable;
F.
The location and dimension of sidewalks and all other areas to be devoted to pedestrian use;
G.
Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage;
H.
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land;
I.
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion, or other safety hazards;
J.
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards;
K.
Any additional information required by the Zoning Officer or Zoning Hearing Board for the purpose of interpretations, variances, special exceptions or other appeals;
L.
Any data deemed necessary by the Zoning Officer, Planning Commission, Borough Engineer or Borough Council to enable them to determine the compliance or noncompliance of a proposed development with the terms of this chapter;
M.
Prior application for and receipt of an Erosion and Sedimentation Control Plan Permit when required by the Pennsylvania Department of Environmental Resources.
2.
A zoning permit must be secured prior to starting construction, erection or alteration of any building, structure or portion thereof;
3.
A zoning permit shall be granted or denied within 30 days of receipt of written application;
4.
Zoning permits shall be issued in duplicate and one copy shall be displayed conspicuously on the premises at all times;
5.
No zoning permit for construction, erection or alteration of any building, structure or portion thereof, shall be valid for more than six months unless work at the site has commenced.
§ 27-1204 Fees.
All applications for zoning permits, special exceptions and interpretations, variances and appeals shall, at the time of making application, pay to the Borough, a fee in accordance with a fee schedule adopted by resolution of the Borough Council upon the enactment of this chapter or as such schedule may be changed by subsequent resolution.
1.
Where an appeal for a hearing before the Zoning Hearing Board is withdrawn, a refund shall be granted only if requested 48 hours prior to the publishing of the legal ad by the local newspaper.
§ 27-1205 Life of a Permit.
Any erection, construction, reconstruction, alteration or removing of a building or other structure authorized by a zoning permit shall be commenced, and any change in use of a building or land authorized by a zoning permit shall be undertaken within six months after the date of issuance of the permit. However, in case of erection or construction of a building, the right to proceed with construction may be extended annually without payment of additional fees for an aggregate period of not more than 30 calendar months, provided that the construction pursuant to said permit has commenced within the first six-month period.
§ 27-1206 Conditional Use Process.
[As added by Ord. 910, 12/2/2009, § 5]
1.
Purpose. The conditional use approval process is designed to allow the Borough Council to review and approve certain uses that could have significant impacts upon the community and the environment.
2.
Procedure. The Borough Council shall consider the conditional use application and render its decision in accordance with the requirements of the Pennsylvania Municipalities Planning Code.
A.
Submittal. A site plan shall be submitted which shall include sufficient information to determine compliance with this chapter. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a conditional use is approved:
B.
Reviews.
(1)
The Zoning Officer shall provide a review to the Borough Council regarding the compliance of the application with this chapter.
(2)
The Borough Staff shall submit a conditional use application to the Planning Commission for any review that the Commission may wish to provide. However, the Borough Council shall meet the time limits for a decision, regardless of whether the Planning Commission has provided comments.
C.
The only uses that shall be approved as conditional uses shall be those listed as conditional uses in applicable district.
D.
Time Limit. Borough Council shall render a written decision on each conditional use application within 45 days after the last hearing on the application or as may be provided otherwise in § 913.2 of the Pennsylvania Municipalities Planning Code. For a conditional use application, the same provisions shall apply for notice of persons that apply for a special exception use application.
3.
Consideration of Conditional Use Applications. The Borough Council shall hear and decide requests for conditional uses in accordance with standards established by this chapter, including the following:
A.
Compliance with this chapter. The applicant shall establish by credible evidence that the application complies with all applicable requirements of this chapter. The applicant shall provide Borough Council with sufficient plans, testimony, studies or other information to demonstrate this compliance.
B.
Compliance with Other Laws. The approval may be conditioned upon the applicant later showing proof of compliance with other specific applicable Borough, state and federal laws, regulations and permits. Required permits or other proof of compliance may be required to be presented to the Borough prior to the issuance of any zoning permit, building permit, certification of occupancy and/or recording of an approved plan.
C.
Traffic. The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion, after considering any improvements proposed to be made by the applicant as a condition on approval.
D.
Site Planning. The application shall include proper site layout, internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter.
E.
Safety. The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
4.
Conditions. In approving conditional use applications, the Borough Council may attach conditions they consider necessary to protect the public welfare and meet the standards of this chapter. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this chapter.
§ 27-1207 Additional Regulations for Conditional Uses.
[As added by Ord. 910, 12/2/2009, § 5; as amended by Ord. 968, 4/17/2013; and by Ord. 969, 4/17/2013]
1.
Commercial Communications Antennae/Tower as principal or accessory use.
A.
Purposes. These provisions for commercial communications antenna/towers are primarily designed to serve the following purposes, in addition to the overall objectives of this chapter:
(1)
To protect property values.
(2)
To minimize the visual impact of antenna/towers, particularly considering the importance of the scenic beauty of the area in attracting visitors for outdoor recreation.
(3)
To minimize the number and heights of towers in a manner that still provides for adequate telecommunications services.
B.
Commercial communications antenna and towers shall not be allowed in a residential district. Section 27-405, Subsection 4, provides that certain antennas of limited height are allowed in all commercial and industrial districts. Any other commercial communications antenna/tower shall only be allowed where provided in § 27-405, Subsection 4, and shall meet the following additional requirements:
(1)
Such antenna/tower shall be set back from each lot line of a lot occupied by an existing principal dwelling a distance that at least as long as the total height of the antenna/tower, above the surrounding ground level.
(2)
Such antenna/tower shall be set back from street right-of-way line and each lot line that is not regulated by Subsection 1 above a distance that at least one-half as long as the total height of the antenna/tower above the surrounding ground level.
(3)
An easement or lease arrangement may be used without meeting the setback requirement from the edge of the easement or leased area, provided that there are legal safeguards to ensure that the setback will continue to be met over time from a lot line.
(4)
A tower attached to the ground shall be surrounded by a security fence/gate with a minimum height of eight feet and evergreen plantings or preserved vegetation with an initial minimum height of four feet if the fencing will be visible from a public street or dwelling.
(5)
See structural and wind resistance requirements of the Construction Code.
(6)
The applicant shall describe in writing the policies that will be used to offer space on a tower to other communications providers, which shall serve to minimize the total number of towers necessary in the region. This policy shall be designed to minimize the total number of towers necessary in the Borough.
(7)
An applicant for a new commercial communications tower shall provide written evidence that they have investigated co-locating their facilities on an existing tower and other tall structures and have found such alternative to be unworkable. The reasons shall be provided.
(8)
A maximum total height of 150 feet above the ground shall apply.
(9)
The application shall describe any proposed lighting. The Borough may require lighting of an antenna even if it will not be required by the Federal Aviation Administration, to provide protection for emergency medical helicopters. Strobe lighting shall not be used, but flashing lights maybe used.
(10)
The applicant shall describe in writing any measures that will be used to decrease the visual intrusiveness of a new tower.
(11)
Any antenna and tower that is no longer in active use shall be completely removed within six months after the discontinuance of use. The operator shall notify the Zoning Officer in writing after the antenna or tower use is no longer in active use. Any lease shall require such removal by the owner of the antenna/tower. Any lease should provide that the lease shall expire once the antenna/tower is removed.
(12)
Accessory utility buildings or cabinets shall have a maximum height of 10 feet and meet principal building setbacks.
(13)
Emergency generators shall be installed with sound deading devices.
C.
A communications tower or antenna that is owned and/or operated by the Borough or Monroe County for emergency communications only is exempt from the requirements of this chapter.