West Cocalico Township
City Zoning Code
City Zoning Code
PART 25
ADMINISTRATION AND ENFORCEMENT
§ 27-2501 The Zoning Officer.
[Ord. 116, 9/7/2011, § 2500]
The provisions of this chapter shall be administered and enforced by the Zoning Officer who shall be appointed by, and serve at the pleasure of, the Board of Supervisors. The Zoning Officer shall meet qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township 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 waive or modify any term or condition of the Chapter or permit any construction or any use or change of use which does not conform to this chapter. The Zoning Officer and Assistant Zoning Officers shall not hold any elective office within the Township, but may hold other appointed offices. The Zoning Officer may be provided with assistance of such persons as the Board of Supervisors may direct and may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of their employment.
§ 27-2502 Duties and Responsibilities of the Zoning Officer.
[Ord. 116, 9/7/2011, § 2501; as amended by Ord. 123, 2/6/2014, § 18]
1.
The Zoning Officer shall have all the duties and powers conferred upon him by this chapter in additions to those reasonably implied for that purpose, including the following:
A.
Applications for Zoning and Use Permits.
(1)
At any time that an owner or occupant shall wish to alter, change, or commence a particular use of a property or structure, or shall wish to erect, construct, alter, repair, extend, replace, relocate, demolish, or convert any building or structure, such person shall first apply to the Zoning Officer for a zoning and use permit.
(2)
No zoning and use permit shall be required for repairs or routine maintenance of any structure, building, or land provided such repairs or maintenance do not change the use or the exterior dimensions of the structure, building, or otherwise violate the provisions of this chapter.
(3)
Application for Zoning and Use Permit.
(a)
The applicant for a zoning and use permit shall submit an application on forms provided by the Township. The application may be made by the owner of the property, by the lessee of the property with written approval of the owner, an equitable owner with a signed agreement of sale or by the agent of either, provided, however, that if the application is made by a person other than the owner or lessee, the application shall be accompanied by a written authorization from the owner or lessee designating the agent and authorizing the work.
(b)
The application for a zoning and use permit shall include:
1)
A description of the proposed work and/or use and occupancy of the building, structure and/or land as well as any other information required by the application form or the Zoning Officer to determine compliance with this chapter and other applicable Township, County, State and Federal ordinances, statutes and regulations.
2)
Plans, in duplicate, drawn to scale, showing the actual dimensions and shape of the lot, the size and location and dimensions of the proposed use, building or alteration, the location of the on-site well and on-site sewage disposal system, if applicable and all other pertinent information.
3)
The Application Fee. The application shall not be considered complete without the fee established by the Board of Supervisors by ordinance or resolution. The applicant shall submit all necessary information to demonstrate:
a)
Approval and recording of any necessary subdivision and/or land development plan, if applicable.
b)
Submission to and approval by the Lancaster County Conservation District of a sedimentation and erosion control plan where earth disturbance activities are proposed.
c)
Issuance of a permit to install or modify an on-lot sewage disposal system or the issuance of a permit by the provider of centralized sewer service, as applicable.
d)
Issuance of a permit to connect to a centralized water supply, if applicable.
e)
Issuance of any permits required for the relocation or alteration of any existing public utility line or other facility.
f)
If the applicant is, or would be, serviced by public sewer or water from an adjacent municipality, pursuant to a reciprocal agreement, the issuance of the necessary connection permits or waivers from the necessity to acquire same.
(4)
If the request is not acceptable, the Zoning Officer shall send to the applicant, by first class mail, a written statement explaining the reason or reasons why the permit cannot be issued, including the section or sections of the Ordinance upon which the decision is based. In the event that the request is in compliance, the Zoning Officer shall issue to the applicant a zoning and use permit and shall immediately forward a copy of the application and the permit to the Township Secretary and the Building Inspector. In the event that the application involved construction, alteration, repair, extension, replacement, relocation, or conversion of said structure or building, the Zoning Officer shall also notify the applicant that he will be required to secure a building permit and occupancy permit and shall direct the applicant to the Building Inspector.
(5)
If the request is not acceptable, the Zoning Officer shall send to the applicant by certified mail, return-receipt requested to addressee a written statement explaining the reason or reasons why the permit cannot be issued, including the Sections of the Chapter upon which the decision is based. In addition, the Zoning Officer shall advise the applicant if a special exception may be an available remedy, and that the applicant always has the right to request a variance. The applicant also has the right to appeal a decision by the Zoning Officer adverse to the applicant's request within 30 days of issuance of the same.
(6)
The zoning and use permit shall be authorization under this chapter to proceed with the work described in the application, provided a building permit is secured, if necessary. A zoning and use permit shall not be deemed to supersede or annul any restrictions on the use or development of the property imposed by deed restrictions, restrictive covenants, or other private agreements. Permit holders shall proceed with work at their own risk and subject to the rights of aggrieved persons to appeal the issuance of the zoning and use permit as authorized by the Municipalities Planning Code, 53 P.S. § 10101 et seq., or to take action to enforce deed restriction, restrictive covenants, or private agreements as authorized by law.
(7)
The Zoning Officer shall revoke a zoning and use permit or approval issued under the provisions of this chapter in the case of any false statement or misrepresentation of fact in the application on which the permit or approval was based, or if the permit or approval was issued in error, or if work is not undertaken in accordance with the terms of the permit or approval, or for any other proper case.
(8)
Zoning and use permits shall be issued with a one-year life; provided, however, that if work is not commenced or a change in use of building or land is not commenced within 180 days after issuance of the zoning and use permit, the permit shall automatically expire and a new permit shall be required before such work or change in use commences.
B.
Certificate of Use and Occupancy Permit.
(1)
A certificate of use and occupancy permit issued by the Zoning Officer stating that the buildings or proposed uses fully comply with the provisions of this chapter, and the provisions of all other relevant ordinances (e.g., West Cocalico Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22]), shall be required prior to any proposed building or use being occupied or established.
(2)
It shall be unlawful to use and/or occupy a structure, building, sign and/or land for which a zoning and use permit is required herein until a certificate of use and occupancy permit for such structure, building, sign and/or land has been issued by the Zoning Officer as required herein.
(3)
The application for a certificate of use and occupancy permit shall include a fee adopted from time to time by resolution of the Board of Supervisors, and be in such a form as the Zoning Officer may prescribe and may be made on the same application as is required for a zoning and use permit.
(4)
The application shall contain the intended use and/or occupancy of any structure, building, sign and/or land for which a zoning and use permit is required herein.
(5)
The Zoning Officer shall inspect any structure, building, sign and/or land within 10 days upon notification that the proposed work that was listed under the zoning and use permit has been completed; and receipt of a letter or other certification from the building inspector that the structure has been constructed according to the permit; and if satisfied that the work is in conformity and compliance with the work listed in the issued zoning and use permit and other pertinent laws, the Zoning Officer shall issue a certificate of use and occupancy permit for the intended use listed in the original zoning and use permit application.
(6)
The certificate of use and occupancy permit or true copy thereof shall be kept available for official inspection at all times.
(7)
Upon request of a holder of a zoning and use permit, the Zoning Officer may issue a temporary certificate of use and occupancy permit for a structure, building, sign and/or land before the entire work covered by the permit shall have been completed, provided such portion or portions may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare. The Zoning Officer shall also issue a temporary certificate of use and occupancy permit for such temporary uses as tents, use of land for temporary religious or other public or semi-public purposes and similar temporary use and/or occupancy. Such temporary certificates shall be for a period of time to be determined by the Zoning Officer, however, in no case exceeding six months.
(8)
A certificate of use and occupancy permit shall not be issued for structures and buildings located in subdivision and/or land developments requiring improvement guarantees in accordance with the West Cocalico Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22], until the structure or building abut either a roadway which has been accepted by the Township for dedication or abuts upon a street which has been paved with a base wearing or binder course.
(9)
For uses subject to the provisions of Paragraph B(1) (land development approvals) herein above in which operation standards are imposed, no certificate of use and occupancy permit shall not become permanent until 30 days after the facilities are fully operational when, upon a re-inspection by the Zoning Officer, it is determined that the facilities are in compliance with all operation standards.
C.
Complaints Regarding Violations. The Zoning Officer shall, upon learning of an alleged violation, investigate said alleged violation. A written report of all investigations of alleged violations of this chapter shall be prepared and properly filed, and a copy sent to the Board of Supervisors. Additionally, the Zoning Officer, when in receipt of a signed written complaint stating fully the cause and basis of any alleged violation, shall complete said investigation and also submit the written report of said investigation with the individual filing the complaint. If, after the investigation, the Zoning Officer determines that a violation has occurred, he shall take action as provided by this chapter.
D.
Enforcement. If it appears that a violation of any of the provisions of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided below:
(1)
The enforcement notice shall be sent to the owner of the record of the parcel on which the violation has occurred to any person whose actions or failure to act have made it a necessity or who have created the existence of the violation, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
(2)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against whom West Cocalico Township intends to take action.
(b)
The location of the property in question.
(c)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter, and a brief explanation of what must be done to return to compliance.
(d)
The date before which the steps for compliance must be commenced, and the date before which the steps must be completed.
(e)
The recipient of the notice has the right to appeal to the Zoning Hearing Board in accordance with the terms and procedures stated in Part 24 of this chapter.
(f)
Failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, clearly constitutes a violation, with possible sanctions clearly described.
(3)
If any person does not comply with the notice of violation and the stop, cease and desist order within a period of 30 days from the date of posting of the cease and desist order, the Zoning Officer shall notify the Board of Supervisors, that the Township Solicitor shall be asked to initiate in the name of the Township, appropriate legal action against such person in accordance with §§ 27-2505, 27-2506 and 27-2507 of this chapter. However, in no case shall the person notified abandon the premises in such condition so as to create a hazard to the public health, safety, morals, or welfare.
(4)
In the event, however, that any such violation shall create a significant risk of injury to persons, then the Board of Supervisors may instruct the Solicitor to seek injunctive relief to immediately terminate such violation as soon as the Board of Supervisors shall deem advisable. In the event that such violation shall create a significant risk of damage to property, or shall create a risk of irreparable harm, then the Board of Supervisors may, five days after receipt of such stop, cease and desist order, instruct the Solicitor of the Township to request injunctive relief to terminate such violation.
E.
Official Records. It shall be the duty of the Zoning Officer to maintain and be responsible for all pertinent records on zoning matters in the Township. These records shall include, but not be limited to, all applications received, copies of all permits and certificates issued, copies of orders and findings of the Zoning Hearing Board, written complaints of alleged violations, records of all inspections made, a current copy of this chapter and all amendments, the Official Zoning Map, and all other pertinent information. The records of his office, including the written statement of all zoning and use and/or building permit and certificates of use and occupancy issued and violations and stop work orders recommended or promulgated, shall be available for the use of the Township government and inspection by any interested party during normal office hours.
F.
Nonconformities. It shall be the duty of the Zoning Officer to inspect nonconforming uses, structures, and lots and to keep a file record of such nonconforming uses and structures, together with the reasons why the Zoning Officer identified them as nonconformities, as a public record and to examine them periodically, with the view of eliminating the nonconforming issues under the existing laws and regulations.
§ 27-2503 Temporary Zoning and Use Permit.
[Ord. 116, 9/7/2011, § 2502]
1.
The Zoning Officer shall also issue a temporary zoning and use permit for such temporary uses as tents, trailers, and temporary buildings on construction sites, and the temporary use of land for religious or other public or semi-public purposes, or other such temporary uses which will be used for a brief, specified period of time.
2.
Where the proposed temporary use is permitted as a use by right in the zoning district, the applicant shall apply to the Zoning Hearing Board for a zoning and use permit. If the temporary use will be operated from a temporary, removable structure and shall have a duration of not more than 14 calendar days at any time, the Zoning Officer may issue a temporary zoning and use permit upon the applicant's presentation of evidence that adequate off-street parking shall be provided, any signs will be temporary in nature, and any signs shall not exceed the number or area which would be permitted for a permanent use. The off-street parking for a temporary use may be shared with off-street parking for an existing permanent use. The Zoning Officer shall issue the temporary zoning and use permit which shall specify the dates upon which the temporary use may be operated, the temporary structures which may be erected and the temporary signs which may be erected.
3.
Where the proposed temporary use is permitted as a special exception in the zoning district, the applicant shall apply to the Zoning Hearing Board for a special exception. The Zoning Hearing Board may authorize a temporary use if the applicant demonstrates compliance with the general standards for all special exceptions in Part 23 of this chapter and all applicable standards for the use set forth in Part 21 of this chapter.
4.
The Zoning Hearing Board, by special exception, may authorize a temporary use in a zoning district where such use is not allowed if the applicant demonstrates compliance with the general standards for all special exceptions in Part 23 of this chapter, all applicable standards for the use set forth in Part 21 of this chapter, and with all the following requirements:
A.
The temporary use shall not exceed five calendar days in any calendar year.
B.
The applicant shall demonstrate that adequate off-street parking and other facilities, including, but not limited to, sewage disposal facilities, are available for persons reasonably anticipated to attend the temporary use.
C.
The applicant shall provide a plan for addressing traffic to be generated by the temporary use. If necessary, the applicant shall arrange for the provision of fire police or other persons to direct traffic to the temporary off-street parking facilities.
D.
The applicant shall present evidence to demonstrate that the temporary use will not adversely affect the health, safety or welfare of the adjoining residents or the uses permitted within the zoning district in which the temporary use is proposed.
5.
Not more than two temporary zoning and use permits in any one calendar year shall be issued for a property.
§ 27-2504 Schedule of Fees, Charges, and Expenses.
[Ord. 116, 9/7/2011, § 2503]
1.
The Board of Supervisors shall from rime to time establish by resolution a schedule of fees, charges, and expenses and collection procedures for zoning and use permits, certificate of use and occupancy permits, uses by special exception, variances, and appeals and other matters pertaining to this chapter.
2.
The schedule of fees shall be available for inspection in the office of the Zoning Officer and may be altered or amended by the Board of Supervisors.
3.
Such alterations shall not be considered an amendment to this chapter and may be adopted as a resolution at any public meeting by the Board of Supervisors.
4.
Until all application fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
§ 27-2505 Violations.
[Ord. 116, 9/7/2011, § 2504]
Failure to secure a zoning and use permit, certificate of use or occupancy permit or any other permit required by this chapter prior to a change in the use of land or structure, or the erection, construction, demolition, or alteration of any structure or portion thereof, or any occupancy of same, or any violation of any other term or condition of this chapter, including those imposed upon the grant of a special exception or variance by the Zoning Hearing Board, or inclusion of false or misleading information of any zoning ordinance related application filed with the Township, shall be a violation of this chapter.
§ 27-2506 Causes of Action.
[Ord. 116, 9/7/2011, § 2505]
In case any building, structure, landscaping, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of any provisions of this chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, landscaping, or land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.
§ 27-2507 Enforcement Remedies.
[Ord. 116, 9/7/2011, § 2506; as amended by Ord. 125B, 9/16/2014]
1.
Following the issuance of any notice of violation by the Zoning Officer, should said notice not be complied with within a period of 30 days; or in the case of a violation which creates a significant risk of injury to persons at any time the Board of Supervisors deems advisable; or in the case of a violation which creates a significant risk of damage to property or of irreparable harm, within five days after posting of such notice: the Zoning Officer shall notify the Board of Supervisors and the Township Solicitor shall, upon authorization by the Board, initiate in the name of the Township any appropriate action or proceedings at law or in equity to prevent such unlawful erection, construction, alteration, repair, extension, replacement, relocation, conversion, maintenance, and/or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
2.
Thirty days, or such lesser time for compliance as may be required in Subsection 1 above, after posting of any notice of violation by the Township Zoning Officer, such Officer shall, provided the recipient of such notice shall have failed to fully comply with that notice, prepare a citation. Such citation shall set forth the date of mailing of the notice of violation, the Section of the code violated, a brief explanation of the violation, a statement that the recipient shall have 15 days to remit the fine assessed, and a place for inclusion of a fine. Such citation shall be presented to the Board of Supervisors at its next regularly-scheduled meeting. The Supervisors shall, by resolution, assess the amount of the fine, not to exceed $500 per violation. The amount of the fine shall be determined based upon consideration of the following criteria:
A.
The extent of the recipient's efforts to come into compliance, if any.
B.
Whether the notice of violation was for a first or subsequent offense.
C.
The extent to which the violation poses a risk to the safety of persons or property.
D.
The nature of the violation.
E.
Whether the violation was committed innocently or with knowledge.
F.
The extent of the effect of such violation upon the general welfare of the citizens.
A separate violation shall arise for each day or portion thereof in which a violation is found to have existed or for each Section of the Chapter which is found to have been violated. After the fine is assessed, the citation shall be adopted by resolution, and thereafter mailed to the recipient of the notice of violation, by certified mail, return receipt requested. If the mailed citation is refused or otherwise not delivered, the Zoning Officer is authorized to secure personal service by sheriff, constable, or other duly authorized citizen. If the fine is not paid within 15 days of receipt of such citation, the Solicitor shall institute civil suit against the recipient at the appropriate magisterial district justice for judgment in the amount of the fine assessed, together with a request for court costs and reasonable attorney's fees. Any final judgment may be enforced according to the Pennsylvania Rules of Civil Procedure. |
§ 27-2508 Appeal to Court.
[Ord. 116, 9/7/2011, § 2507]
Nothing contained in this Part shall be construed to deny the appellant the right to proceed directly to court where appropriate, pursuant to the Pennsylvania Rules of Civil Procedure No. 1091 (relating to action in mandamus). Procedures set forth to constitute the exclusive mode for securing review of any decision rendered pursuant to this article or deemed to have been made under this chapter shall be in accordance with Article X-A of the MPC, 53 P.S. § 11001-A et seq.