Swatara Township Lebanon County
City Zoning Code
City Zoning Code
PART 20
ADMINISTRATION AND ENFORCEMENT BUILDING AND ZONING PERMITS AND CERTIFICATE OF ZONING COMPLIANCE
§ 27-2001 Appointment and Powers of Zoning Officer.
[Ord. 21A, 9/2/1982, § 20.01; as amended by Ord. 44, 6/11/1998]
1.
For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed.
2.
The Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning.
3.
The Zoning Officer shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
4.
The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.
§ 27-2002 Permits Required.
[Ord. 21A, 9/2/1982, § 20.02; as amended by Ord. 44, 6/11/1998; by Ord. 2001-49, 8/9/2001; and by Ord. 2017-07, 9/14/2017]
1.
Requirement of Permits.
A.
It shall be a violation of this chapter for any person or property owner to commence work for the erection or alteration of any building, fence, or structure, or the change of any land use, until a zoning permit has been duly issued. No such permit shall be required in the case of normal maintenance activities, minor repairs, or alterations which do not alter the structure of the building. A zoning permit shall be required prior to any of the following activities:
(1)
The erection, enlargement or relocation of any building, structure, or portion thereof.
(2)
The use of or change in the use of a building, structure or land. Such a permit will be known as a "certificate of use."
(3)
The alteration or expansion of a nonconforming use, building or structure.
(4)
The issuance of a building permit, if required.
(5)
The erection, placement, installation, alteration, relocation or replacement of a sign as specified in Part 17, "Signs and Advertising Structures," of this chapter.
(6)
The construction of any parking area.
(7)
The placement of temporary construction or office trailers.
B.
The application for a permit shall be submitted on a form provided by the Township and shall be accompanied by the required fee. Application for a permit shall be made by the owner or lessee of any structure, or agent of either. The full names and addresses of the owner, lessee, and/or applicant shall be stated on the application. If the owner or lessee is a corporate body, the names and contact information of the responsible officers shall be stated in the application.
C.
The application shall contain a general description of the proposed work, use and occupancy of all parts of the structure and such additional information as may be required by the Zoning Officer. The application for the permit shall be accompanied by a plan of the proposed structure, drawn to scale, with sufficient clarity to show the nature and character of the work to be performed.
D.
Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent local laws, he/she shall reject such application, in writing, stating the reasons therefor. He/she shall inform the applicant of the right to appeal to the Zoning Hearing Board in the event such application is rejected. If satisfied that the proposed work and/or use conforms to the provisions of this chapter and all laws and ordinances applicable thereto, he/she shall issue a permit as soon as practical.
E.
An approved zoning permit shall expire if the work described therein has not been completed within two years from the date of issuance.
F.
The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact or incorrect information in the application or on the plans on which the permit or approval was based or for any other cause set forth in this chapter.
G.
The permit shall be kept on the site of operations open to public inspection during the entire duration of the work or use and until the completion of the same as defined on the application.
H.
No permit to begin work for the construction, alteration, repair, extension, replacement and/or use of any structure, sign and/or land for construction or use purposes shall be issued until the fees prescribed by the Township Supervisors pursuant to resolution shall be paid. The payment of fees under this section shall not relieve the applicant or holder of said permit from payment of other fees that may be required by this chapter or any other ordinance or law.
I.
The permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel or set aside any of the provisions of this chapter, except as stipulated by the Zoning Hearing Board.
J.
All work or uses shall conform to the approved application and plans for which the permit has been issued.
2.
Building Permit.
A.
No structure shall be erected, moved, placed, constructed or enlarged unless a building permit has been issued by the Building Code Official in accordance with the provisions of the Uniform Construction Code (UCC). The structure shall be constructed in strict conformance with the application submitted pursuant thereto.
B.
The application for a building permit shall be submitted on a form provided by the Township and shall be accompanied by the required fee. Application for a building permit shall be made by the owner or lessee of any structure, or agent of either. The full names and addresses of the owner, lessee, and/or applicant shall be stated on the application. If the owner or lessee is a corporate body, the names and contact information of the responsible officers shall be stated in the application.
C.
The building permit shall expire after one year from the date of issuance. At the discretion of the Township, the permit may be extended for one year where cause of delay is shown.
D.
The Building Code Official may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact or incorrect information in the application or on the plans on which the permit or approval was based.
E.
The permit shall be kept on the site of operations open to public inspection during the entire duration of the work or use and until the completion of the same as defined on the application.
F.
A certificate of occupancy shall be issued by the Building Code Official upon satisfactory completion of construction; however, a certificate of use is also required prior to use of the structure.
§ 27-2003 Application for a Zoning Permit.
[Ord. 21A, 9/2/1982, § 20.03; as amended by Ord. 44, 6/11/1998; and by Ord. 2017-07, 9/14/2017]
1.
Applications for a zoning permit shall be filed by the property owner, his authorized agent or an individual with a proprietary interest in the property, said individual to hereafter be known as the applicant. Applications shall be submitted to the Zoning Officer and contain the following:
A.
Zoning Permit Application Form. On a form supplied by the Township, the applicant shall provide information to describe the size, location and nature of the proposed building, structure or use. The applicant shall sign the application form to verify the accuracy of the information.
B.
Plot Plan. All applications for a zoning permit shall be accompanied by a plot plan in accordance with the following:
(1)
The plot plan shall show, where applicable, size, shape, and dimensions of the lot size and location of all existing buildings; size, location and use of all proposed buildings, additions or alterations; parking lots, parking spaces, driveways, signs and other site improvements; and other information as may be necessary to determine conformance with this chapter.
(2)
Engineering, architectural or surveyor's plans may be required by the Zoning Officer where necessary to accurately depict the proposed work on a property.
(3)
The Zoning Officer may waive the plot plan requirement where the applicant satisfactorily demonstrates the minimum standards are greatly exceeded.
C.
Other Permit Prerequisites. At the time of application, the applicant shall produce, where applicable, a valid sewage permit, street encroachment permit, Labor and Industry approval, subdivision approval or other approval preliminary to issuance of the building and zoning permit.
D.
Application Fee. All applications for a building and zoning permit shall be accompanied by a fee to be established by resolution from time to time by the Board of Supervisors.
§ 27-2004 Incomplete Applications.
[Ord. 21A, 9/2/1982, § 20.04; as amended by Ord. 44, 6/11/1998; and by Ord. 2017-07, 9/14/2017]
When an applicant fails to complete and sign the zoning permit application form, submit a plot plan, pay the required application fee, secure and produce other permit prerequisites, or submit other information required by the Zoning Officer, the application for a zoning permit shall be deemed incomplete. The Zoning Officer may notify the applicant to request supplemental information to complete the application. Such notice shall prescribe a time period, not to exceed 30 days, for completion of the application by submission of the supplementary information. Failure to complete the application shall result in written disapproval, in accordance with § 27-2005 of this chapter.
§ 27-2005 Issuance of a Zoning Permit.
[Ord. 21A, 9/2/1982, § 20.05; as amended by Ord. 44, 6/11/1998; and by Ord. 2017-07, 9/14/2017]
1.
After an application has been determined to be complete, the Zoning Officer shall take official action to approve or disapprove the permit application in accordance with the following:
A.
Approval. When a completed application is found to conform with the provisions of this chapter the Zoning Officer, within 30 days of application completion, shall issue an approved zoning permit. Issuance of the permit shall be accompanied by an approved plot plan, where applicable, and a placard for display on the premises during the construction or alteration period. Zoning permits are nontransferable and are valid for work authorized therein only for the owner and property as designated.
B.
Disapproval. When a complete application is found not to conform with the provisions of this chapter, the Zoning Officer, within 30 days of application completion, shall disapprove the application for a zoning permit. Plot plans submitted with the application shall also be disapproved. The disapproval shall be in writing, citing the deficiencies of the application. Appeals from a disapproval by the Zoning Officer shall be taken in the manner set forth in Parts 21 through 24 of this chapter.
§ 27-2006 Revocation of a Zoning Permit.
[Ord. 21A, 9/2/1982, § 20.06; as amended by Ord. 44, 6/11/1998; and by Ord. 2017-07, 9/14/2017]
1.
Zoning 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. A zoning permit shall be revoked, in writing, by the Zoning Officer for any of the following reasons:
A.
When use, alteration or construction does not comply with or exceeds the scope of that authorized by the zoning permit.
B.
When information pertinent to the application for a zoning permit has been falsified or misrepresented.
C.
When other provisions of this chapter are violated in conjunction with the use, alteration or construction authorized by the zoning permit.
D.
When the original decision of the Zoning Officer did not conform to the requirements of this chapter.
2.
Written revocation shall be provided to the applicant and shall indicate the reasons for such action. Additionally, the revocable offenses shall be deemed a violation of this chapter and subject the violator to the penalties provided by Part 29 of this chapter.
§ 27-2007 Expiration of a Building and Zoning Permit.
[Ord. 21A, 9/2/1982, § 20.07]
1.
An approved building and zoning permit shall expire:
A.
If the work described therein has not begun within 90 days from the date of issuance; or
B.
If the work described therein has not been completed within two years from the date of issuance.
2.
Upon expiration of a building and zoning permit work shall cease and shall not thereafter be commenced unless and until a new building and zoning permit is obtained.
§ 27-2008 Certificate of Zoning Compliance.
[Ord. 21A, 9/2/1982, § 20.08; as amended by Ord. 44, 6/11/1998]
1.
The Zoning Officer shall maintain certificate of zoning compliance forms which shall be utilized to record the following:
A.
Nonconformities. Owners or occupants of nonconforming uses of land or structures and land in combination shall obtain a certificate of zoning compliance to document wherein the use differs from the provisions of this chapter. Authorization to renew, change, extend, enlarge or alter the nonconformity shall not be granted unless and until the specifics of the nonconformity are first recorded on a certificate of zoning compliance and the change or alteration is found to comply with Part 18 of this chapter. The Zoning Officer may require written documentation to verify the characteristics of the use and the dates of establishment.
B.
Approved Uses and Structures.
(1)
Owners and occupants of uses or structures authorized by approved zoning permits may request a certificate of zoning compliance to verify that the use or construction completed is in compliance with the approved permit and the provisions of this chapter. Similarly, owners or occupants of pre-existing conforming uses or structures may request a certificate of zoning compliance. Upon receipt of such a request, the Zoning Officer shall inspect the premises and approve or disapprove a certificate of zoning compliance.
[Amended by Ord. 2017-07, 9/14/2017]
(2)
Nothing contained herein shall preclude the Zoning Officer from conducting routine inspections and investigations to determine zoning compliance, nor shall it prevent him from responding to complaints on zoning violations. Furthermore, violations of the conditions, uses or construction approved within a certificate of zoning compliance shall be a violation of this chapter, punishable in accordance with Part 29 of this chapter.
§ 27-2009 Conditional Uses.
[Ord. 21A, 9/2/1982, § 20.09; as added by Ord. 44, 6/11/1998]
1.
The Board of Township Supervisors shall hear and decide requests for conditional uses where this chapter provides for conditional uses pursuant to express standards and criteria.
A.
Procedure.
(1)
The Board of Supervisors shall hold a hearing on the proposed conditional use within 60 days from the date of the applicant's request.
(2)
At least 30 days prior to the hearing the Supervisors shall submit the proposed conditional use to the Township Planning Commission for its recommendation.
(3)
The hearing shall be conducted in accordance with Subsections (3) to (10) of § 908 of Act 247 of 1968, as amended.
B.
Standards. Conditional uses shall meet the specific standards established for each use by this chapter and all other applicable zoning district requirements and general regulations established by this chapter. In addition, the following standards shall be met:
(1)
The use shall be one which is specifically authorized as a conditional use in the zoning district wherein the applicant is seeking a conditional use.
(2)
Services and utilities shall be made available to adequately service the proposed use.
(3)
The use will not generate traffic such that hazardous or unduly congested conditions will result.
(4)
The use is appropriate to the site in question.
(5)
The use shall not adversely affect the character of the general neighborhood, nor the health and safety of residents or workers on adjacent properties and in the general neighborhood.
2.
The applicant shall demonstrate, as a condition to approval of his application, that the standards in Subsection 1B, and those specified elsewhere in this chapter for the use in question, will be met.
