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Upper Moreland Township
City Zoning Code

ARTICLE XXIX

Administration and Certificates

§ 350-197 Zoning Officer.

The Director of the Department of Code Enforcement shall also serve as Zoning Officer for the Township and shall administer this chapter. The Zoning Officer shall meet qualifications established by the Board of Commissioners and shall be able to demonstrate to the satisfaction of the Board of Commissioners a working knowledge of municipal zoning. 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 the provisions of this chapter. The Zoning Officer is hereby authorized to give the enforcement notices required under § 350-216 and to institute civil enforcement proceedings under § 350-217 in order to enforce the provisions of this chapter.

§ 350-198 Permits.

A. 
Permits required.
(1) 
It shall be unlawful for any person to commence work for the erection, alteration, addition, repair, roofing, siding, removal or demolition of any building or structure until a building permit has been duly issued therefor, certifying that the erection, alteration, addition, repair, roofing, siding, removal or demolition complies with the provisions of this chapter.
(2) 
It shall be unlawful for any person to commence any new or change in use or occupancy of a property, building or structure, except for a new occupancy of a single-family dwelling unit in any zoning district providing for residential uses, until a certificate of occupancy permit has been duly issued by the Department of Code Enforcement.
(3) 
It shall be unlawful for any person or other entity to operate, change the use, commence any new use or occupancy of a property, building or structure, except for a new occupancy of a single-family dwelling unit in any zoning district providing for residential uses, until a zoning use certificate has been duly issued by the Department of Code Enforcement, certifying that the proposed use is in compliance with the provisions of this chapter. Furthermore, it shall be unlawful for any person to operate, use or occupy any property, building or structure in any zoning district providing for residential uses for use for a home occupation or provision of day care without obtaining an annual zoning use certificate.
B. 
Application for permits. Applications for permits shall be made in writing to the Zoning Officer on such forms as may be furnished by the Township. Such application and accompanying plot plans, prepared by a registered engineer or land surveyor, shall contain all the information necessary to enable the Zoning Officer to determine whether the proposed construction, alteration or use complies with the provisions of this chapter.
C. 
Issuance of permits. Permits shall be granted or refused within 30 days after the date of application. Failure of the Building Inspector to act within that period shall be deemed a refusal to approve the permit. No building permit shall be issued until the Zoning Officer has certified that the proposed building, alteration or use complies with all of the provisions of this chapter. Upon completion of the erection or alteration of any building or portion thereof authorized by any permit, and prior to occupancy or use, the holder of such permit shall notify the Zoning Officer of such completion. No permit shall be considered complete or permanently effective until the Building Inspector has certified that the work has been inspected and approved as being in conformity with the permit and the provisions of this chapter and all other applicable ordinances.
D. 
Refusal of permits. The Zoning Officer shall give notice in writing to the applicant and the Board of Commissioners of the refusal of any permit and the reasons therefor and shall advise the applicant of his right to appeal to the Zoning Hearing Board. The Zoning Officer shall give notice in writing of the granting of any permit to the applicant, the Board of Commissioners and all abutting property owners.

§ 350-199 Application to Zoning Hearing Board.

An appeal or an application for a special exception or variance from the terms of this chapter may be filed with the Secretary of the Zoning Hearing Board, shall be accompanied by a deposit to cover the cost of advertising and notification, and shall set forth the following facts:
A. 
Name and address of the applicant.
B. 
Name and address of the owner of the real estate to be affected by the proposed exception or variance, and written authority from the owner for the variance.
C. 
A brief description and location of the real estate to be affected by such proposed change.
D. 
The present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.
E. 
The section of this chapter under which the variance or exception requested may be allowed, and reasons for which it should be granted.
F. 
A reasonably accurate description of the present improvements and the additions intended to be made under this application, indicating the size of such proposed improvements, materials and general construction thereof and, in addition thereto, attach a plot plan of the real estate to be affected, indicating the location and size of the lot and the size of improvements now erected and proposed to be erected thereon.

§ 350-200 Petition to Township Commissioners.

Petition to the Board of Township Commissioners requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for or of the Zoning Map, signed by the owners of 50% or more of the frontage in any district or part thereof, duly acknowledged, may be filed with the Secretary of the Board of Township Commissioners. The petition shall set forth the following facts:
A. 
Signature and address of each petitioner, together with the number of feet of frontage in any district or part thereof.
B. 
The petition, if pertaining to the Zoning Map, shall have attached thereto a plot plan of the real estate to be affected.

§ 350-201 Certificates.

It shall be the duty of the Secretary of the Zoning Hearing Board to issue the Zoning Hearing Board certificate after public hearings held in accordance with the provisions of §§ 350-189 to 350-194 of this chapter. The Zoning Hearing Board may cancel or revoke a Zoning Hearing Board certificate for any violation of this chapter or of conditions imposed.

§ 350-202 Effective period of order or decisions.

Unless the Zoning Hearing Board stipulates otherwise in its decisions and orders, all decisions on appeals for variances and special exceptions under this chapter shall be effective for a period of nine months from the date of the Zoning Hearing Board's decision. The applicant must obtain a permit or, if the project involves a land development and/or subdivision, file a land development and/or subdivision application within the nine-month time period, or the decision granting the variance or special exception shall expire. All certificates presently issued shall expire after nine months from date of this chapter.

§ 350-203 Procedure to obtain preliminary opinion.

A landowner may secure assurance that any provision of this chapter or the Zoning Map adopted under this chapter under which the landowner proposes to build is free from challenge, and the landowner may advance the date from which time for any challenge to the provision of this chapter or Zoning Map will run under Section 914.1 of the Municipalities Planning Code[1] by the following procedure:
A. 
The landowner may submit plans and other materials describing his proposed use or development to the Zoning Officer for a preliminary opinion as to its compliance with the applicable provisions of this chapter and the Zoning Map. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval under the provisions of the Subdivision and Land Development Ordinance[2] or for the issuance of a building permit, so long as such plans provide reasonable notice of the proposed use or development and a sufficient basis, in the judgment of the Zoning Officer, for the Zoning Officer to render an opinion as to compliance with this chapter or the Zoning Map of the proposed building or development.
[2]
Editor's Note: See Ch. 300, Subdivision and Land Development.
B. 
If the Zoning Officer's preliminary opinion is that the use or development complies with this chapter and the Zoning Map, the Zoning Officer shall give written notice of such compliance to the landowner and to the Board of Commissioners and shall cause such notice to be published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall include a general description of the proposed use or development and its location by street address or, if inapplicable, by any other readily identifiable manner, and the place and times where the plans and other materials may be examined by the public. The thirty-day time limitation for any person aggrieved by an approval of the proposed building or development, as set forth in Section 914.1 of the Municipalities Planning Code, to commence a proceeding before the Zoning Hearing Board shall run from the time when the second notice thereof has been published.
C. 
The landowner shall not be relieved of the obligation to comply with the requirements of this chapter, the Subdivision and Land Development Ordinance or the building code, or other applicable ordinances by virtue of the preliminary opinion rendered by the Zoning Officer.
[1]
Editor's Note: See 53 P.S. § 10914.1.

§ 350-204 Conditional uses.

A. 
The Board of Commissioners shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Board shall require that any proposed use, and its location, among other things, shall be:
(1) 
In accordance with the Upper Moreland Township Comprehensive Plan.
(2) 
Consistent with the spirit, purposes, and intent of the applicable zoning district.
(3) 
An improvement which is not a detriment to the properties in the immediate vicinity, and which shall be in the best interests of the Township.
(4) 
In conformance with all applicable requirements of this chapter and all municipal, state and federal codes applicable to the use or process in question.
B. 
The burden of proof in a conditional use application shall be on the applicant to establish that the proposed use meets all the requirements and objectives of this chapter, including those specifically set forth in Article I.
C. 
Procedure for consideration of a conditional use application.
(1) 
An application for any conditional use, as specified in the various articles of this chapter, shall be considered by the Township Board of Commissioners according to the following procedure:
(a) 
It is recommended that the applicant submit an informal sketch plan and review it with the Upper Moreland Township Manager and the Willow Grove Redevelopment Consultant (if there is one retained) prior to submitting a tentative sketch plan or any formal submissions. It is the intent of the Township to see any plans as early as possible in order to save the applicant unnecessary costs. The ninety-day review clock will not begin until the applicant has submitted a formal request for approval of a conditional use as per the requirements listed below.
(b) 
The application shall include the request for approval of a conditional use and sufficient information to document compliance with the applicable standards of the chapter; a tentative sketch plan of the proposed development shall be included, as required in § 300-51 of the Subdivision and Land Development Regulations.
(c) 
The Township may submit one copy of the sketch plan to the Montgomery County Planning Commission for its advisory review, one copy to the Board of Commissioners, and other copies to agencies and/or technical consultants whose review may be relevant.
(d) 
If the owner of the property is not the applicant for the conditional use, the owner must be a co-applicant with any tenant, equitable owner or developer.
D. 
Criteria for conditional use approval. Applications for conditional use approval shall contain all data, information, and reports necessary for the Board of Commissioners to evaluate the proposal. In addition to the requirements of the Pennsylvania Municipalities Planning Code (MPC),[1] the following criteria shall be considered by the Board of Commissioners:
(1) 
Consistency with the goals, objectives, and recommendations of the Township and County Comprehensive Plans.
(2) 
Nuisance/safety analysis. The use shall not generate excessive noise, noxious odors, air pollution or lighting, or result in pedestrian conflict or other safety hazards to people or property. Artificial light shall be directed away from adjacent property and buildings. Artificial lighting shall be located to avoid shining into habitable room windows off-site. Outdoor uses and accessory facilities shall only be permitted where the noise generated by the use will have a minimal impact on nearby residential uses and where hazards are contained on the site to the maximum extent possible.
(3) 
Traffic impact. The existing road system must be able to accommodate the peak traffic generated by the proposed use in a safe and efficient manner. The Board of Commissioners may request a traffic impact study.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.