West Hempfield Township
City Zoning Code
City Zoning Code
ARTICLE 900
Administration
§ 901.1 Administration.
A.
Zoning Officer. The provisions of this ordinance shall be enforced by an agent, to be appointed by the Board of Supervisors, who shall be known as the Zoning Officer. The Zoning Officer shall administer this ordinance in accordance with its literal terms and shall not have the power to permit any construction or any use which does not conform to this ordinance.
B.
Duties. The duties of the Zoning Officer shall be:
1.
To receive, examine, and process all applications for permits.
2.
To issue permits for the construction, alteration, repair, extension, replacement and uses which are in accordance with the regulations of this ordinance and as may be subsequently amended.
3.
To record and file all applications for permits and accompanying plans and documents and keep them for public record.
4.
To inspect nonconforming uses, buildings, and lots and to keep a filed record of such nonconforming uses and buildings as a public record and to examine them periodically, with the view of eliminating the nonconforming uses under the existing laws and regulations and to issue certificates of occupancy for them.
5.
Upon the request of the Board of Supervisors or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests to assist such bodies in reaching their decisions.
6.
To be responsible for the keeping up to date of this ordinance and the Zoning Map, filed with the Township Secretary and to include any amendments thereto.
§ 901.2 Enforcement.
This ordinance shall be enforced by the Zoning Officer of the Township. No permit of any kind as provided in this ordinance shall be granted by him/her for any purpose except in compliance with the provisions of this ordinance.
§ 901.3 Violations.
Failure to secure a permit prior to change in use of land, buildings or structures, or the erection, construction, relocation or alteration of any building, structure, or sign or any portion thereof, or failure to secure a certificate of occupancy, or failure to secure any other permit required by this ordinance; or failure to comply with conditions imposed by the Zoning Hearing Board upon the grant of a variance or a special exception or by the Board of Supervisors upon the grant of a conditional use; or failure to comply with the performance standards required of an industrial use, shall be a violation of this ordinance. It shall be a violation to use, maintain or occupy any land, landscaping, building or structure in a manner which is contrary to the terms of this ordinance.
§ 901.4 Fines.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this ordinance shall, upon being found liable thereof in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including the reasonable attorneys' fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there was a good faith basis for the person, partnership or corporation violating this ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this ordinance shall be paid over to the Township for the general use of the Township.
§ 901.5 Remedies.
In case any building, structure or sign is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure, sign or land is used; or any hedge, tree, shrub, or other growth is maintained in violation of this ordinance or of any regulations made pursuant thereto, or any conditions imposed by special exception or by the Board of Supervisors upon the grant of a conditional use, then in addition to any other remedies provided by law, any appropriate action or proceedings, whether by legal process in equity or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure, or land; or to prevent any illegal act, conduct, business or use in or about such premises.
§ 902.1 General.
A.
A zoning permit shall be required prior to a change in use of land or buildings or the erection, construction, relocation or alteration of any building, structure or any portion thereof. No permit shall be required for repairs or maintenance of any building, structure, or grounds provided such repairs do not change the use or otherwise violate the provisions of this ordinance.
B.
The application for a zoning permit shall be submitted in writing on such form as the Township may prescribe by the owner or lessee of any building, structure or land or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization from the owner or lessee designating the agent and authorizing the work. The full name and address of the applicant and the landowner, if different, shall be stated on the application. If the applicant is a corporation, the names and addresses of the officers of the corporation shall be included on the application. No application shall be considered complete until all required fees have been received by the Township. The application shall contain a description of the proposed work and/or use and occupancy of the building, structure and/or land and any other information required by the Code Enforcement Officer to determine compliance with this ordinance and other applicable Township and County ordinances, statutes and regulations. The application shall be accompanied by 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, distance from existing lot lines and street right-of-way lines, parking areas, and other pertinent information. The application shall be accompanied by all required fees as established by the Board of Supervisors by ordinance or resolution.
C.
An application for a permit shall either be approved or disapproved within 90 days after the application is filed.
D.
No permit shall be issued except in conformity with the regulations of this ordinance, except after written order from the Zoning Hearing Board or the Courts.
E.
In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of the proposed use to meet all the requirements of this ordinance, it will be incumbent upon the applicant to furnish adequate evidence in support of his application. If such evidence is not presented, the zoning permit will be denied.
F.
The parcel or parcels shall be in a single and full ownership or proof of option shall be furnished at the time of application.
G.
Upon receiving the application the Zoning Officer shall examine the same within the time set forth above. If the application or plans do not conform to the provisions of this ordinance and all other applicable ordinances, statutes, and regulations, or if a violation exists on the property for which the application is made, he/she shall reject such application in writing, stating the reasons therefor. He/she shall inform the applicant of his right of appeal to the Zoning Hearing Board in the event such application is rejected. If satisfied that the proposed work or use conforms to the provisions of this ordinance and all other applicable ordinances, statutes, and regulations and that no violation of the provisions of this ordinance exists on the property for which application is made, he/she shall issue a zoning permit therefor as soon as practical.
H.
The permit shall expire one year from the date of issuance; provided that the permit may be extended by the Zoning Officer upon reasonable cause shown and at his discretion for one- or two-month periods not to exceed an additional one year.
I.
The Zoning Officer may revoke a permit or approval issued under the provisions of this ordinance in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other proper cause.
J.
A true copy of the permit shall be kept on the site of operations and open to inspection by the Zoning Officer during the entire performance of the work and until the completion of same as defined in the application.
§ 902.2 Application for zoning permits for uses in all commercial and industrial districts.
A.
Upon receipt of the application, the Zoning Officer shall examine the application and supporting information to determine compliance with this ordinance and all other applicable Township ordinances, statutes and regulations, including but not limited to the Township Subdivision and Land Development Ordinance.[1] The applicant shall demonstrate that required subdivision and/or land development approval has been obtained and that the approved plan has been recorded in the Office of the Recorder of Deeds.
B.
The applicant shall submit sufficient information to enable the Zoning Officer to determine whether permits must be obtained from the Pennsylvania Department of Labor and Industry and, if so, whether such permits have been issued.
C.
Where significant changes in the use, intensity of use, erection of additional structures, or other improvements which, in the discretion of the Zoning Officer, require additional information to determine compliance with all of the requirements of this Zoning Ordinance, the applicant shall submit the following information:
1.
The applicant shall submit sufficient information to enable the Zoning Officer to determine whether a plan must be approved under the Township Stormwater Management Ordinance[2] and, if so, whether such plan approval has been granted by the Board of Supervisors.
2.
The applicant shall provide a description of the operation proposed in sufficient detail to indicate compliance with Article 800 of this ordinance.
3.
The applicant shall submit information concerning the number of employees and square footage of commercial or industrial space to enable the Zoning Officer to determine whether sufficient off-street parking is provided.
4.
The applicant shall present a sketch plan with the application for a zoning permit which shall contain at least the following:
a.
Applicant's name, address, and telephone number.
b.
An approximate key map showing the generalized location of the tract and adjacent streets.
c.
Tract boundaries with approximate dimensions.
d.
North point.
e.
Existing and proposed access to public streets.
f.
Existing structures, existing off-street parking and loading facilities, and natural features.
g.
Proposed improvements, including all structures and off-street parking and/or loading facilities.
§ 902.3 Application for all other permits.
Applications shall be accompanied by plans in duplicate drawn to scale and showing the following:
A.
Actual dimensions and shape of lot to be built upon.
B.
Exact size and locations on the lot of all buildings and other structures, if any, and the location and dimensions of proposed buildings and other structures or alteration.
C.
Existing and proposed uses showing the number of families, if any, the building is designed to accommodate.
D.
Any other lawful information that may be required by the Zoning Officer, or other sections of this ordinance.
E.
Water and sewer systems (sanitary and storm) shall conform to the most recent applicable regulations adopted by the Board of Supervisors and any other governmental agency having jurisdiction.
§ 902.4 Temporary use permit.
A temporary permit may be authorized by the Zoning Hearing Board, subject to the requirements of Article 1000 of this ordinance, for a nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such a permit shall be issued for a specified period of time not exceeding one year, and may be renewed annually for an aggregate period of not more than three years.
§ 903.1 Scope.
A certificate of use and occupancy shall be required upon the completion of the work contemplated in the zoning permit. No building, structure, land or freestanding sign shall be utilized in any manner until a certificate of use and occupancy is issued.
§ 903.2 Application procedures.
Application shall be made in writing to the Zoning Officer on a form specified for such purposes.
§ 903.3 Issuance.
A.
Certificates of use and occupancy shall be granted or refused within 90 days from the date of application. No application shall be granted or refused until the Zoning Officer has inspected the premises. Issuance of this certificate shall be based on conformance of the work to the requirements of this ordinance.
B.
In commercial and industrial districts in which performance standards are imposed, no certificates of use and occupancy shall become permanent until 30 days after the facility is fully operating and when, upon a reinspection by the Zoning Officer, it is determined that the facility is in compliance with all performance standards.
§ 904.1 Determination.
All fees shall be determined by the Board of Supervisors, and a schedule of such shall be made available to the general public. The Board of Supervisors shall be empowered to reconsider the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this ordinance and may be adopted at any public meeting of the Board of Supervisors by resolution.
§ 905.1 Power of amendment.
The Board of Supervisors may from time to time amend, supplement, change, modify, or repeal this ordinance including the Zoning Map. Any amendment, supplement, reclassification or change may be initiated by the Township Planning Commission, Board of Supervisors or by a petition to the Board of Supervisors from all of the owner(s) of the property proposed to be changed. The Board of Supervisors, by resolution adopted at a stated or special meeting, shall fix the time and place of a public hearing on the proposed change, amendment, or repeal, and cause notice thereof to be given as follows:
A.
By publishing a notice once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days or less than 14 days from the date of the hearing.
B.
The notice shall also set forth the principal provisions of the proposed change, amendment, or repeal in reasonable detail and a reference to a place in the Township where copies of the proposed change, amendment, or repeal may be examined or purchased at a charge not exceeding the cost thereof.
§ 905.2 Curative amendment.
A landowner who desires to challenge on substantive grounds the validity of the ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he/she has an interest, may submit a curative amendment to the Board of Supervisors with a written request that his challenge and amendment be heard and decided as provided in Article X-A of the Act.
§ 905.3 Planning Commission referral.
In the case of an amendment other than that prepared by the Township Planning Commission, the Board of Supervisors shall submit each amendment to the Township Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations. The Township Planning Commission shall consider whether or not such proposed change or amendment would be, in the opinion of the Township Planning Commission, consistent with the Comprehensive Plan. The Board of Supervisors shall take into consideration the recommendations of the Township Planning Commission in reaching its decision, but shall not be bound thereby. In addition, the Board of Supervisors shall submit the proposed amendment to the Lancaster County Planning Commission at least 45 days prior to the hearing for its review and recommendations.