Swoyersville City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 93-61 Administration; Zoning Officer.
A.
Zoning Officer. The provisions of this chapter shall be administered by a Zoning Officer, the office of which is hereby established.
B.
Duties. The duties of the Zoning Officer shall be:
(1)
To receive and check all applications for zoning permits and certificates of occupancy.
(2)
To issue zoning permits and certificates of occupancy only for construction and uses which are in accordance with the regulations of this chapter and subsequent amendments, or through Board or Court approval. Zoning permits and certificates of occupancy shall not be issued where the request concerns a lot, parcel or tract in a subdivision required to be approved under applicable subdivision regulations, which subdivision has not had the required approval.
(3)
To record and file all applications for zoning permits and certificates of occupancy together with accompanying plans and documents and keep them for public record.
(4)
To issue certificates of occupancy for nonconforming uses. He shall examine them periodically to determine that they do not expand beyond the limitations prescribed in this chapter.
(5)
Upon specific request of the Commission or Board, to furnish such facts, records and similar information which will assist such body in reaching its decision.
(6)
To be responsible for keeping this chapter, including the Zoning Map, up to date and to include any amendments thereto.
C.
If the Zoning Officer shall find that any provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal uses of land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or structural changes thereto; order discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to insure compliance with, or prevent violation of, its provisions.
§ 93-62 Zoning permits and certificates of occupancy.
A.
Zoning permits.
(1)
A zoning permit shall be required prior to the erection, construction, moving or alteration of any building, structure or portion thereof, but not including ordinary repairs.
(2)
Applications for zoning permits shall be made in writing to the Zoning Officer and shall contain all information necessary to ascertain whether the proposed erection, construction, alteration or use complies with the provisions of this chapter, including the following:
(a)
Plan, in duplicate, drawn to scale indicating:
[1]
Actual dimensions and shape of the lot to be built upon.
[2]
Exact size and location on the lot of all buildings and other structures, if any, and the location and dimensions of proposed buildings and other structures or additions.
[3]
Existing and proposed uses showing the number of families the building is designed to accommodate.
(3)
Applications for zoning permits shall be granted or refused within 15 days from date of application. One copy of the plans shall be returned to the applicant marked either approved or disapproved and attested to same by the signature of the Zoning Officer. The second copy of the plans, similarly marked, shall be filed in the office of the Zoning Officer.
B.
Certificates of occupancy.
(1)
A certificate of occupancy shall be required prior to the occupation for use, or change of use of land, building or structure, except for uses accessory to private residences or private recreation.
(2)
Application for certificate of occupancy shall be made, in writing, to the Zoning Officer.
(a)
When use of the premises involves a new building or structure, or additions to an existing building or structure, such application shall be made at the same time application for a zoning permit is made.
(b)
When no construction or alteration is involved, application to occupy and use land may be made at any time prior to the occupancy and use of such land. Such application shall contain all information necessary for the Zoning Officer to determine whether the proposed occupation and use of land conforms to the provisions of this chapter.
§ 93-63 Enforcement.
This chapter shall be enforced by the Zoning Officer of Swoyersville Borough. No permit or certificate of occupancy provided for in this chapter shall be granted by him for any purpose except in compliance with the provisions of this chapter or with a decision of the Board or the courts.
§ 93-64 Complaints regarding violations.
Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint stating fully the causes and basis thereof, which shall be filed with the Zoning Officer. He shall acknowledge such complaint, immediately investigate and take action thereon as provided in this chapter.
A.
Swoyersville police officers are to check for building permits and to report, in writing, violations to the Zoning Officer.
§ 93-65 Schedule of fees.
§ 93-66 Violations and penalties; remedies.
A.
Violations and penalties. Any person, firm, partnership, association or corporation violating any regulation in, or any provision of, this chapter or any amendment or supplement thereto shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $500 and in default of the payment of said fine shall be sentenced to imprisonment in the Luzerne County Prison for not more than 60 days. Each day that a violation is continued shall constitute a separate offense.
B.
Violations and remedies. In case any building, structure or land is, or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter or any amendment or supplement thereto, the Borough Council or the Zoning Officer, with the approval of the Borough Council, in addition to other remedies, may institute in the name of the Borough of Swoyersville any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.
§ 93-67 Registration of nonconforming uses.
The Zoning Officer shall identify and register nonconforming uses and nonconforming structures in the Borough of Swoyersville.