Upper Frederick Township
City Zoning Code

The Board of Supervisors shall annually appoint to a one year term a Zoning Officer who shall meet qualifications established by the Board of Supervisors and demonstrate a working knowledge of municipal zoning. The Zoning Officer may succeed himself.

The Zoning Officer shall receive compensation as determined by resolution of the Board of Supervisors.

The Zoning Officer shall make reports to the Board of Supervisors as the may require.

Receive all applications for building permits and use and occupancy permits.

Keep a public record of those applications filed including:

Review applications for zoning permits for erection or alteration of structures or changes in use, determine whether such construction or use is in accordance with the general requirements of this chapter, all other applicable ordinances and with the laws and regulations of the commonwealth.

Issue permits only in response to those applications which are in compliance with this chapter, all other applicable ordinances, and the laws and regulations of the Commonwealth of Pennsylvania which.

Enlist the assistance of other municipal agents and agencies in performing these responsibilities.

Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter. In carrying out such surveys, the Zoning Officer or his/her representative may enter upon land or buildings, within the limits of the law.

Make written orders requiring compliance with the provisions of this chapter to be served personally or by certified mail. Issue any cease and desist orders for violations, as directed by the Board of Supervisors.

Institute proceedings in courts of proper jurisdiction for the enforcement of provisions of this chapter, at the direction of the Board of Supervisors.

Have available a map showing the current zoning classification of all land.

Maintain a record of the identity, location and type of uses, including structures, lots and signs, assigned nonconforming status, as well as documentation of the evidence and reasoning that led to the assignment of nonconforming status.

Participate in proceedings before the Zoning Hearing Board, either at the request of the Board of Supervisors as a representative of the Township, or at the request of the Zoning Hearing Board as a sworn witness presenting facts and information.

Perform any other duties as directed by the Board of Supervisors.

The requirements for the application, review and issuance of building or demolition permits are found in Chapter 112, Code Enforcement, Article II, of the Code of the Township of Upper Frederick, as amended.

A use and occupancy permit shall be required for:

It shall be a violation of this chapter for any person to use or occupy any building, structure or land until a use and occupancy permit has been issued.

Applications. Applications for building permits and for use and occupancy permits shall be made in writing by the owner or authorized agent, and shall be filed with the Zoning Officer on forms obtained from him. The Zoning Officer shall require with the application some or all of the following depending whether the permit is for alteration or development of a previously undeveloped property:

Completion of construction. Upon completion of the construction, addition to, or alteration of any building or structure authorized by any building permit obtained in compliance with this chapter, and prior to use or occupancy, the holder of such permit shall notify the Zoning Officer of such completion. Use and occupancy shall not be authorized until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with this and other applicable ordinances, and the permit fee has been paid.

Temporary use and occupancy. Pending completion of a building or alterations thereto, a temporary use and occupancy permit may be issued with limits and conditions as established by the Zoning Officer for a temporary occupancy of a part or all of a building, provided that such temporary occupancy would not lend in any way to jeopardize life or property.

No implied warrant. Issuance of a use and occupancy permit, or temporary use and occupancy permit, shall in no way be construed to warrant in any way the workmanship, safety or quality of the structure or building materials used to construct the said structure or alterations thereto.

The name of the owner of record and any other person against whom the Township intends to take action.

The location of the property in violation.

The specific violation with a description of the requirements that have not been met, citing in each instance the applicable provisions of this chapter.

The date on which expires the period in which compliance with this chapter is to be achieved.

A statement describing the recipient's right to appeal to the Zoning Hearing Board within 30 days of receipt of the notice.

A statement that failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.

If a violation is not corrected within the period specified by the enforcement notice, it shall be the duty of the Zoning Officer to notify the Board of Supervisors, who shall take necessary action to correct the violation, which action may include initiation of a civil enforcement proceeding.

Where, in the opinion of the Zoning Officer, a violation presents peril to life or property, the Zoning Officer may recommend to the Board of Supervisors immediate initiation of a civil enforcement proceeding.

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court courts, including reasonable attorney fees incurred by the Township as a result thereof. Each day that a violation continues shall constitute a separate violation.

Causes of action. An aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by an alleged violation of this chapter, may institute any appropriate action or proceeding to prevent, restrain, correct or abate the violation.