Tatamy City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 155.020 PERMITS; GENERAL PROCEDURE.
(A) (1) After receiving a proper application, the Zoning Officer shall either:
(a) Issue the permit under this chapter; or
(b) Refuse the permit indicating the reason.
(2) If specifically requested in writing by an applicant, reasons for a refusal shall then be stated in writing.
(B) Certain activities require review and/or approval of the Zoning Hearing Board and/or of the Borough Council, and/or the recommendations of the Planning Commission.
(C) If refused a permit by the Zoning Officer, the applicant may appeal to the Zoning Hearing Board for further consideration.
(D) After the permit under this chapter has been received by the applicant, the applicant may undertake the action permitted by the permit under this chapter, within other borough ordinances. However, it is recommended that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or a use within this 30-day appeal period shall be at the risk of the applicant.
(Ord. passed 2-4-1991, § 108)
§ 155.021 PERMITS AND CERTIFICATES.
(A) Applicability. Any of the following activities or any other activity regulated by this chapter shall only be carried out after receipt of any required approval or permit and in compliance with this chapter:
(1) Erection, construction, movement, placement or extension of a structure, building or sign;
(2) Change of the type of use or expansion of the use of a structure or area of land; and/or
(3) Creation of a lot or alteration of lot lines.
(B) Exemption. Ordinary repairs and maintenance to existing structures that do not infringe upon a required setback may be made without a permit under this chapter, if such work does not involve a change in use or an expansion, construction or placement of a structure and does not involve any other activity regulated by this chapter.
(C) Types of uses.
(1) Permitted by right uses. The Zoning Officer shall issue a permit under this chapter in response to an application for a use that is “permitted by right” if it meets all of the requirements of this chapter, including any specific additional requirements listed for that use in §§ 155.136 and 155.137 of this chapter.
(2) Special exception use or use requiring a variance. A permit under this chapter for a use requiring a special exception or variance shall be issued by the Zoning Officer only upon the written order of the Zoning Hearing Board after a hearing.
(3) Conditional use. A permit under this chapter for a conditional use shall be issued by the Zoning Officer only upon the written order of the Borough Council, after the Planning Commission has been given an opportunity to review the application.
(D) Applications.
(1) Any request for a decision, interpretation or variance by the Zoning Hearing Board or for a permit under this chapter shall be made in writing on a form provided by the borough. Such completed application, with any required fees, and with any required site plans or other required information, shall be submitted to a borough employee responsible for processing such application. The applicant is responsible to ensure that a responsible borough official notes the date of the official receipt on the application.
(2) Six copies of a site plan shall be submitted if an application requires action by the Zoning Hearing Board, and three copies shall be submitted in action by the Board is not required. Such site plan shall be drawn to scale.
(3) If an application does not require action by the Zoning Hearing Board, then the site plan shall show the following, unless the Zoning Officer determines that such a plan is unnecessary for determination of whether the proposal complies with this chapter:
(a) The location and dimensions of the lot;
(b) Existing and proposed locations, dimensions and uses of structures and/or areas of land;
(c) Name and address of the applicant or appellant;
(d) Name and address of the owner of the affected property;
(e) Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter; and
(f) All other applicable information listed on the official borough application form.
(4) If an application requires action by the Zoning Hearing Board, then the site plan shall show the following, unless the Zoning Officer determines that such information is unnecessary for determination of whether the proposal complies with this chapter:
(a) The location and dimensions of the lot;
(b) Existing and proposed locations, dimensions and uses of structures and/or areas of land;
(c) Name and address of the applicant or appellant;
(d) Name and address of the owner of the affected property;
(e) Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter;
(f) All other applicable information listed on the official borough application form;
(g) The present zoning district and major applicable lot requirements; and
(h) A description of the proposed use of the property and a listing of any sections of this chapter being appealed, with the reasons for any appeal.
(5) The Zoning Officer may withhold issuance of a permit under this chapter if there is clear knowledge by him or her that such a use would violate another borough, state or federal law or regulation.
(6) No person other than a landowner or his, her or their specifically authorized agent or a tenant or leasee with written permission of the landowner shall submit a zoning application. (See definition of “landowner” in § 155.008 of this chapter.)
(7) The Zoning Officer may submit a copy of any plan and application to any appropriate agencies and/or individuals (such as the Planning Commission or Borough Engineer) for review and comment.
(E) Issuance of permit.
(1) At least three copies of any permit required under this chapter shall be made.
(2) One copy of any such permit shall be retained in borough files and one copy shall be retained by the applicant. A copy of any such permit shall be shown by the applicant to the Zoning Officer upon the Zoning Officer’s request.
(3) (a) After the issuance of a permit under this chapter by the Zoning Officer or any related borough approval, no changes of any kind shall be made to the approved application without the written consent of the Zoning Officer. Changes of a site plan approved by the Zoning Hearing Board or Borough Council shall require approval of the changes by such bodies if the Zoning Officer determines that such changes significantly affect matters that were within their review.
(b) Such approval by the Hearing Board or Council is not required for minor technical adjustments or corrections of plans, as determined by the Zoning Officer.
(F) Revocation of permits. The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter in case of:
(1) Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based; (The state’s Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his or her duties.)
(2) Upon violation of any condition lawfully imposed upon a special exception or conditional use;
(3) Any work being accomplished or use of land or structures in such a way that does not comply with this chapter or an approved site plan or approved permit application; or
(4) For any other just cause set forth in this chapter.
(G) Temporary permit. See § 155.156 of this chapter.
(Ord. passed 2-4-1991, § 109)
§ 155.022 ZONING OFFICER.
(A) Appointment. The Zoning Officer(s) shall be appointed by the Borough Council. The Zoning Officer(s) shall not hold any elective office within the borough, but may hold other appointed offices.
(B) Duties and powers.
(1) The Zoning Officer shall:
(a) Administer this chapter;
(b) Receive and examine all applications required under the terms of this chapter, and issue or refuse permits within this chapter;
(c) Receive complaints of violation of this chapter, and issue a written notice of violation to any person violating any provision of this chapter; and
(d) Keep records of applications, permits, certificates, written decisions and interpretations issued, of variances granted by the Board, of complaints received, of inspections made, of reports rendered and of notice or orders issued; and make all required inspections and perform all other duties as called for in this chapter.
(2) The Zoning Officer shall not have the power to permit any activity which does not conform to this chapter, or all other ordinances of the borough.
(Ord. passed 2-4-1991, § 110)
§ 155.023 AMENDMENTS.
(A) Council generally. Borough Council may amend, challenge or repeal any or all portions of this chapter on:
(1) Its own motion; or
(2) Upon agreeing to hear a written request of any person, entity or the Planning Commission.
(B) Public hearing by Council. Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, following the procedural requirements of the state’s Planning Code, including public notice.
(C) Planning Commission. In the case of an amendment other than that prepared by or under the direction of the Planning Commission, the Borough Council shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment and permit the Commission an opportunity to provide recommendations.
(D) JPC review.
(1) The Borough Council or Planning Commission shall submit the proposed amendment to the Joint Planning Commission (JPC) for recommendations at least 30 days prior to the hearing on such proposed amendment.
(2) No action shall be taken by the Borough Council until any JPC comments are received, unless 30 days pass without such comments being received.
(E) Changes after a hearing. If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include or exclude 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.
(F) Application for amendment. Any request for amendment of this chapter (including supplement, change or repeal) by any person or entity (other than the borough staff, Planning Commission, Borough Council or committee appointed by the Borough Council or under the direct oversight of such entity) shall include the following:
(1) A statement of why the change would be in the best interests of the borough;
(2) A statement of how the proposal will relate to the Borough Comprehensive Plan;
(3) A statement addressing any adverse affects on adjacent residences;
(4) A statement addressing any major traffic access or congestion concerns;
(5) A map showing the proposed boundaries of any proposed map changes, the existing zoning of the land and of adjacent lands and the current uses of adjacent lots; and
(6) A statement explaining proposed extensions and major improvements, if needed, of public water and sewer systems to serve the land area.
(G) Traffic impact report. The Planning Commission or the Borough Council may require an applicant for a zoning amendment to fund a traffic impact study following standard methods and completed by a qualified traffic engineer. Such a study shall take into account the entire land area proposed for a change, with an emphasis on the net projected traffic increases from the proposed amendment compared to the existing zoning, based upon reasonable assumptions about the intensity and type of development.
(H) Notification of proposed zoning map amendment. If a zoning map amendment is requested by a private entity and is not considered at the same public hearing as zoning map amendments proposed by borough officials, then at least ten days prior to the hearing the proposed change, the applicant shall send or have delivered in person written notice of the proposed change and the hearing date to all owners of record of all property proposed to be rezoned and all property directly abutting the land to be rezoned.
(Ord. passed 2-4-1991, § 114)
§ 155.024 CURATIVE AMENDMENTS.
(A) A landowner who desires to challenge on substantive grounds the validity of this chapter which prohibits or restricts the use or development of land in which he has an interest, may submit a curative amendment to the Borough Council with a written request that this challenge and proposed amendment be heard and decided as provided in the Municipalities Planning Code.
(B) For a curative amendment request, the applicant shall pay the borough all fees required under the applicable borough fee schedule and, at a minimum, shall compensate the borough for all actual expenses for legal advertising.
(Ord. passed 2-4-1991, § 115)
§ 155.025 FILING FEES AND COSTS.
(A) The Borough Council has established by resolution a schedule of fees and a collection procedure relating to all applications filed pertaining to this chapter.
(B) No application or appeal shall be considered filed until all fees are paid.
(C) This fee schedule may be based upon the type of application and the breath of the proposed development including acreage, numbers of lots and type of use, to most accurately reflect the borough’s actual costs.
(Ord. passed 2-4-1991, § 116)
§ 155.026 ENFORCEMENT; VIOLATIONS; REMEDY.
See §§ 616 and 617 of the Municipalities Planning Code.
(Ord. passed 2-4-1991, § 117)
§ 155.027 CONDITIONAL USE PROCESS.
(A) Applicability. Certain uses that are permitted by this chapter as “conditional uses” shall be required to follow the review and zoning approval procedures described in this section.
(B) Procedure.
(1) A conditional use submission shall not be considered officially accepted for review until any needed zoning variance(s) or special exception approval that is directly relevant to the site layout and nature of the use is received. The applicant may request an informal review by the Planning Commission of a site plan prior to requesting variances or a special exception.
(2) Ten complete copies of any required site plan meeting the requirements of § 155.031 of this chapter shall be submitted to the borough. The Zoning Officer shall refuse to accept an incomplete application which does not provide sufficient information to determine compliance with this chapter.
(3) A conditional use approval by itself shall not relieve the applicant of any obligation under a borough ordinance, nor constitute a recommendation for a zoning variance.
(4) The borough shall distribute copies of the site plan to the Planning Commission and the Borough Council. A minimum of one copy shall be retained in the borough files. The Borough Fire Services should be given an opportunity for a review, if deemed appropriate by the Zoning Officer.
(5) The Zoning Officer or his or her designee shall report in writing or in person to the Planning Commission or Borough Council stating whether the proposal complies with this chapter. The borough staff, Planning Commission or Borough Council may request a review by the Borough Engineer.
(6) The Planning Commission shall be given an opportunity to review the conditional use application and submit a recommendation to the Borough Council prior to action of the Borough Council.
(7) The Borough Council shall not act to approve or deny a conditional use application until they have received the reports of the Zoning Officer and the Planning Commission, unless a period of 60 days has passed from the date of the application.
(8) The Borough Council shall approve, conditionally approve or disapprove the conditional use submission within 90 days from the date of the first regularly scheduled Planning Commission meeting following the submission of a complete and proper application, unless the applicant has agreed to an extended review period. In granting a conditional use, the Borough Council may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of this chapter.
(9) The decision of the Borough Council shall be in writing and shall be directly communicated to, delivered to or mailed to the last known address of the applicant or his or her representative.
(C) Approval of conditional uses. The Borough Council shall approve any proposed conditional use if it finds adequate evidence that the proposed use will meet:
(1) All of the standards listed in § 155.027 of this chapter;
(2) Any specific standards for the proposed use listed in §§ 155.135 through 155.137 of this chapter;
(3) All other applicable sections of this chapter; and
(4) Generally be capable of meeting applicable sections of Chapter 154 of this code of ordinances and all other applicable borough ordinances.
(D) Standard for decisions. Each conditional or special exception use shall comply with all of the following standards:
(1) Other laws. Not clearly in conflict with other borough ordinances or state or federal laws or regulations known to the borough;
(2) Traffic. Will not result in or significantly add to a significant traffic hazard or significant traffic congestion;
(3) Safety. Will not create a significant public safety hazard, including fire, toxic or explosive hazards;
(4) Storm water management. Will follow adequate and professionally accepted engineering methods to manage storm water. This shall not be a criteria of a decision under this chapter if the application clearly would be subject to a separate engineering review and an approval of storm water management by the Borough Council under another borough ordinance;
(5) Neighborhood. Will not significantly negatively affect the desirable character of an existing residential neighborhood;
(6) Design. Will involve adequate site design methods, including screening, setbacks and traffic control, to avoid significant negative impacts on adjacent uses; and
(7) Performance standards. Will not have a serious threat of future inability to comply with the performance standards of this chapter, as stated in §§ 155.170 through 155.181 of this chapter.
(Ord. passed 2-4-1991, § 118)
§ 155.028 SPECIAL EXCEPTION USE PROCESS.
(A) Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas.
(B) Procedure.
(1) All applicants for a special exception use shall submit eight sets of site plans for the proposed use to the Secretary to the Zoning Hearing Board together with a written application. The Zoning Officer may waive the site plan requirement for home occupations that are not intense and other uses not involving new construction, nor additional off-street parking. Photographs of the existing site or buildings may also be requested to be presented by the applicant.
(2) All site plans shall contain the information required in § 155.021 of this chapter.
(3) The borough shall forward the application to the Planning Commission, Zoning Hearing Board and its solicitor. A minimum of one copy shall be retained in the borough files.
(4) The Zoning Officer should, prior to the next Zoning Hearing Board meeting where the application will be discussed, review the plan to determine compliance with this chapter and report these findings to the Zoning Hearing Board.
(5) The Planning Commission shall be given an opportunity to review the proposed special exception use at its next regular meeting and submit an advisory recommendation to the Zoning Hearing Board. However, the Zoning Hearing Board may rule on the case without receiving a review by the Planning Commission if such decision by the Board must be made at such time to comply with the time restrictions of this section.
(6) The Board shall review any reports or recommendations that may have been received from the Zoning Officer and/or Planning Commission.
(7) The Board shall hear and decide such request for a special exception use under the procedures of § 155.028 of this chapter and the state’s Planning Code. The Board shall schedule the first hearing within 60 days of a proper application, unless granted a written extension by the applicant. The Board shall issue a decision within 45 days after the conclusion of the final hearing on the matter.
(8) The decision of the Board shall be in writing and shall be communicated to the applicant or his, her or their representative in accordance herewith.
(9) A site plan review by the Planning Commission and the Borough Council may also be required for certain uses. See § 155.030 of this chapter.
(C) Approval of special exception uses. The Zoning Hearing Board shall approve any proposed special exception use if they find adequate evidence that any proposed use will meet:
(1) All of the standards listed in § 155.027(D) of this chapter;
(2) All of the specific standards for the proposed use listed in §§ 155.135 through 155.137 of this chapter; and
(3) All other applicable requirements of this chapter.
(D) Conditions, safeguards. In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines is necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the construction permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
(Ord. passed 2-4-1991, § 119)
§ 155.029 LIABILITY.
(A) Neither the approval nor the granting of any review, issuance of permit or approval related to construction, activity within the floodplain, site plan review, subdivision or land development approval, erosion control, storm water runoff, activity on steep slopes or any other review or permit of this chapter, by an officer, employee, consultant or agency of the borough, shall constitute a representation, guarantee or warranty of any kind by the borough, or its employees, officials, consultants or agencies, of the practicality or safety of any structure, use or subdivision, and shall create no liability upon, nor a cause of action against such public body, official, consultant nor employee for any damage that may result pursuant thereto.
(B) If the Zoning Officer mistakenly issues a permit under this chapter, the borough shall not be liable for any later lawful withdrawal of such permit for valid cause shown.
(Ord. passed 2-4-1991, § 120)
§ 155.030 SITE PLAN REVIEW FOR MAJOR USES NOT REQUIRING CONDITIONAL USE, SUBDIVISION OR LAND DEVELOPMENT APPROVAL.
(A) Applicability. This section requires a site plan review by the Planning Commission and Borough Council for any of the following uses if such use is not required to be approved as a conditional use, as a subdivision or as a land development:
(1) Any expansion of more than 2,000 square feet in the floor area of a structure of one of the following types:
(a) Industrial, office or commercial building or use;
(b) School, place of worship or institutional building; or
(c) Animal husbandry.
(2) Any new or expanded paved area of greater than 5,000 square feet;
(3) Conversion of a non-commercial or non-industrial building to a new principal commercial use; and
(4) Any change from one commercial or industrial use to a different commercial or industrial use that would require the addition of at least 15 off-street parking spaces beyond what was previously provided.
(B) Procedures. The following procedures shall be followed for any use required to be reviewed under this section.
(1) Submission. Eight complete copies of any required site plan shall be submitted to the borough. The Zoning Officer shall refuse to accept an application if it does not contain sufficient information to determine compliance with this chapter. A minimum of one copy shall be retained in borough files.
(2) Time. The Planning Commission shall be given an opportunity to review the site plan and provide any advisory comments in writing to the Zoning Officer and the Borough Council. The Borough Council shall review the site plan and provide any advisory comments in writing within 90 days after the first regularly scheduled Planning Commission meeting after the receipt of a complete site plan submission, unless the applicant grants a written time extension.
(3) Effect. A site plan review by Borough Council or the Planning Commission shall not by itself constitute official action by the borough.
(4) Review. The Zoning Officer shall review the site plan and determine its compliance or non- compliance with this chapter, based upon his or her review and any comments of the Borough Council and Planning Commission.
(5) Compliance. Once a site plan is reviewed by the borough and found to be in compliance with this chapter by the Zoning Officer, the applicant or his or her successor shall comply with that approved site plan. Any changes to the site plan shall be resubmitted to the borough for approval under this section, except for changes that the Zoning Officer determines and states in writing are minor corrections of information or clearly minor adjustments that do not affect the overall site plan.
(Ord. passed 2-4-1991, § 121)
§ 155.031 SUBMISSION REQUIREMENTS FOR CONDITIONAL USES AND MAJOR USES REQUIRING SITE PLAN REVIEW.
The following information, as applicable, shall be submitted by the applicant for any conditional use or any use required to submit a site plan under § 155.030 of this chapter, except for information waived by the Planning Commission as not applicable or necessary:
(A) A statement describing the proposed use;
(B) Layout: a site layout drawn to scale (preferably one inch equals 50 feet) showing the location, dimensions and area of each lot; the location, dimensions and height of proposed and any existing structures; the required setback areas; the location and width of proposed or abutting streets; and the proposed areas to be used for different purposes within the development, including outdoor storage or display areas;
(C) Landscaping: the width of any buffer yard and the heights, spacing and types of plants to be used for screening. General numbers, locations and types of landscaping to be provided in off-street parking lots, along streets and in other areas;
(D) Parking: the locations and numbers of parking spaces; the location, direction and widths of aisles; the location and sizes of off-street loading areas. The method of calculating the off-street parking requirement shall be shown, based upon § 155.195 of this chapter;
(E) Lighting and signs: the height, location and approximate intensity of exterior lighting. The sign area, height, location and method of lighting of signs;
(F) Sidewalks: the location and width of any proposed sidewalks and curbing;
(G) Utilities: general proposed method of providing wastewater treatment and water supply;
(H) Nuisances and safety: a description of any proposed industrial or commercial operations or storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large trucks, glare, air pollution, odors, fire or toxic or explosive hazards or other significant hazards to the public health and safety;
(I) Grading and storm water: proposed and existing contours if any earth disturbance is proposed. Identification of any slopes between 15% and 25% and greater than 25%. Proposed method of managing storm water runoff. See § 155.157 of this chapter. Delineation of any floodplains from the official floodplain maps;
(J) A location map showing the boundaries of the project and its relation to surrounding streets. Lot lines of abutting lots within 50 feet of the project, with identification of abutting land uses;
(K) Zoning district and major applicable requirements;
(L) Name and address of the person who prepared the site plan, the applicant and the owner of record of the land; and
(M) Such other data or information as the Zoning Officer, Planning Commission or Borough Council deem is reasonably necessary to determine compliance with borough ordinances.
(Ord. passed 2-4-1991, § 122)
