West Homestead City Zoning Code
PART 15
GENERAL ADMINISTRATIVE PROVISIONS
§ 27-1501 General Rules of Construction.
[Ord. 560, 6/11/1996, Art. XV, § 1]
1.
The provisions of this chapter shall be interpreted and applied so as to be the minimum requirements for the promotion of the health, safety, welfare and morals of the citizens of the Borough of West Homestead.
2.
Where the conditions imposed by any provision of this chapter upon uses of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of the ordinance, or of other applicable law, municipal ordinance, rule, BOCA code, or regulation of any kind, the regulations which are more restrictive shall govern.
3.
This chapter is not intended to abrogate any easement, covenant, or other private agreement. Provided, that where the regulations of this chapter are more restrictive than such easements, covenants, or other private agreements, the requirements of this chapter shall govern.
4.
No structure shall be erected, converted, or altered, nor shall any structure or land be used except for a purpose permitted in the use district in which the structure or land is located, except as permitted provided. No structure shall be erected, enlarged. Or altered, except in conformity with the area regulations, minimum yard requirements, performance standards and minimum off-street parking space requirements of this chapter for the district in which such structure is located.
5.
Any person, partnership, or corporation found to have violated any of the provisions of this chapter shall be notified by the Zoning Officer, in writing, of the nature of the violation and the action necessary to correct it. Procedures shall be in accordance with the provisions of the MPC.
6.
All applications for a variance, special exception, amendment, conditional use, permit, or any other permit, application or certificate within the scope of this chapter shall be made on printed forms provided by the Borough of West Homestead. Any such application shall contain accurate information as to size and location of structures on the lot, the dimensions of all yards and open spaces, the sections of this chapter applicable to the request, and such other information as may be necessary to provide for the enforcement of this chapter. A file of all such applications shall be kept in the Borough Secretary's Office.
7.
General Administration. The duty of administering the provisions of this chapter is conferred upon the Zoning Officer, the Planning Commission, the Borough Council, and the Zoning Hearing Board.
§ 27-1502 Zoning Officer.
[Ord. 560, 6/11/1996, Art. XV, § 2]
1.
Powers and Duties. The Zoning Officer shall:
A.
Administer and enforce this chapter.
B.
Issue or authorize the issuance of all building permits, and make and maintain records thereof.
C.
Issue or authorize the issuance of all certificates of use, occupancy, and compliance, and make and maintain records thereof.
D.
Conduct or authorize inspections of buildings, structures and uses of land to determine compliance with the provisions of this chapter, and make and maintain records thereof.
E.
Maintain permanent and current records of this chapter, including but not limited to, all maps, amendments, special exceptions, variances, non-conforming uses, conditional uses, appeals, and applications for, and records of, hearings thereon.
F.
Provide and maintain public information relative to all matters arising out of this chapter.
G.
Receive, file and forward all applications or appeals requiring action by the Zoning Hearing Board.
H.
Prepare and maintain a list and description of all legally nonconforming lots, uses, signs, and structures.
I.
Provide written notifications of violations of this chapter, as prescribed in this Part.
J.
Receive complaints from residents regarding alleged violations of this chapter. The Zoning Officer shall, whenever practical, act on a complaint within three business days, and shall keep records of complaints, as well as action taken on them.
K.
Forward applications for conditional uses and proposed amendments to the Planning Commission and to Council.
2.
Appeals (of an Administrative Determination or Interpretation). Any appeal of an administrative action of the Zoning Officer shall be made to the Zoning Hearing Board within 30 days of such action, in accordance with Part 16 of this chapter. The Zoning Officer shall immediately transmit to the Zoning Hearing Board all of the papers constituting the record upon which the appeal is based.
§ 27-1503 The Planning Commission, Powers and Duties.
[Ord. 560, 6/11/1996, Art. XV, § 3]
1.
The Planning Commission is hereby vested with the following jurisdiction and authority:
A.
To receive copies of all applications for amendments and conditional uses, to make findings and recommendations thereon, and to forward such findings and recommendations to the Council.
B.
To initiate, direct, and review, from time to time, a study of the provisions of this chapter, and to make reports of its findings and recommendations to the Council no less frequently than annually.
C.
To supply information to the Zoning Officer as required in this chapter.
§ 27-1504 Council, Powers and Duties.
[Ord. 560, 6/11/1996, Art. XV, § 4]
1.
The Council of the Borough of West Homestead hereby retains and vests with itself the following jurisdiction and authority:
A.
To receive from the Planning Commission recommendations as to applications for conditional uses and rezoning requests.
B.
To approve, approve subject to conditions, or deny applications for site plan approval, conditional uses and rezoning within the time period provided for in the Municipalities Planning Code.
C.
To conduct public hearings on applications for site plan approval, conditional uses, and rezoning if warranted.
§ 27-1505 Building Permits.
[Ord. 560, 6/11/1996, Art. XV, § 5]
1.
Building Permits; General.
A.
Before the use of any land, or the erection, alteration or enlargement of any structure in any use district begins a building permit shall have been applied for and shall have been issued.
B.
No building permit shall be issued by the Zoning Officer unless the building activity is in strict conformity with the provisions of this chapter, except after a written order from the Zoning Hearing Board or Council. Any building permit issued which does not comply with these requirements is not lawful and is null and void.
C.
If the work described in any building permit has not been substantially completed within two years of the date of issuance, the permit shall expire and be cancelled by the Zoning Officer. Written notice of cancellation shall be given to the property owner by the Zoning Officer within seven days of cancellation, together with notice that further work, as described in the cancelled permit, shall not proceed unless and until a new building permit has been obtained.
D.
Any building permit may be revoked and withdrawn by the Zoning Officer if the officer finds that the permit holder has failed to comply with the conditions under which the permit was issued.
E.
Recipients of building permits must comply with § 27-1110.6, "prohibited obstructions," and are responsible for keeping the construction site free of rubbish and debris at all times, and are responsible for the collection of rubbish and debris on adjacent properties and right-of-ways where such material is generated by the activity covered by the permit.
2.
Building Permits; Application.
A.
An application for a building permit in any use district shall be accompanied by the following information. No application shall be deemed to have been filed until all required information is submitted and is of a form and content satisfactory to the Zoning Officer.
(1)
A plot plan of the lot showing the location of all present and proposed buildings, drives, parking lots, and other construction features on the lot; and in residential multi-family, commercial and RDD districts showing all buildings, streets, alleys, highways, streams and other topographical features outside the lot and within 50 feet of any lot line. However, a plot plan shall not be required unless permission is requested to erect a new structure or to enlarge the ground floor area of an existing structure.
(2)
The Zoning Officer may waive the requirement of a plot plan in a residential district or use, where a plot plan is not deemed by the Zoning Officer to be necessary and where the submission would pose an undue burden upon the applicant.
(3)
A general description of the proposed use.
(4)
Architectural plans for any proposed structure.
(5)
Any other data, evidence or statements, and any reasonable number of duplicates of same that the Zoning Officer may require.
B.
The Zoning Officer shall act upon an application within 30 days after the filing of the application. Failure to act within this time shall be deemed approval of the application, and in such case, the Zoning Officer shall issue the permit.
C.
In acting upon an application for a building permit for a structure or land use, the Zoning Officer shall assure himself that all of the requirements of this chapter are met and that all of the standards and limitations established by this Part shall be observed. In approving an application, the Zoning Officer may require such changes in plans for land use, buildings, or operation, as may be necessary to assure compliance with this chapter.
§ 27-1506 Certificates of Use, Occupancy, and Compliance.
[Ord. 560, 6/11/1996, Art. XI, § 6; as amended by Ord. 631, 3/13/2007, § 1]
1.
Necessity of Obtaining Certificates.
A.
It shall be unlawful to use, occupy, or permit the use or occupancy of any building, land, or premises, or part thereof hereafter created, erected, altered in its structure, or enlarged in its use, until a certificate of use, occupancy, and compliance shall have been issued therefor by the Zoning Officer, stating that the proposed use of the land, building, or premises conforms to the requirements of the grading and zoning ordinances and the building and fire codes.
2.
Application for Certificate.
A.
Every application for a building permit shall be deemed to be an application for a certificate of use, occupancy, and compliance, except for building permit applications for swimming pools, window replacement, single-family residential storage sheds, gutters and down spouts, new siding, and other minor repairs to existing structures, as determined by the Zoning Officer.
B.
The applicant, in all cases, shall be the owner, or a duly authorized representative of the owner. In the case of a change in ownership of the property, the applicant may be the current owner or the proposed new owner. In the case of a change of tenants, the applicant shall be the owner, and the owner shall provide the names and any other information deemed necessary to clearly identify the proposed new tenants.
3.
Inspections.
A.
The applicant for a certificate required by Subsection 1 shall notify the Zoning Officer of the date on which such construction, erection, structural alteration, or enlargement of use shall have been completed in conformity with the provisions of this chapter, and the Zoning Officer shall inspect or authorize the inspection of the building or structure involved within 10 days of such notice.
B.
An inspection for the purpose of determining whether a certificate required by Subsection 1 should be issued shall extend only to the immediate area upon which such construction, erection, structural alteration, or enlargement of use took place, and to such appurtenant areas as are reasonably necessary to determine whether the grading, zoning, building and fire codes and/or ordinances have been complied with.
4.
Issuance of Certificates:
A.
A temporary certificate of use, occupancy and compliance may be issued by the Zoning Officer for a period not to exceed one month during alterations or partial occupancy of a building pending its completion, provided such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.
B.
Upon inspection of land, building, or premises to determine whether or not a certificate of use, occupancy, and compliance, required by Subsection 1, shall be issued, if the Zoning Officer finds that such construction, alteration, or erection is in accordance with this chapter, a certificate of use, occupancy and compliance shall be issued. Written notice shall be given to the applicant stating why a certificate cannot be issued when the Zoning Officer finds that such construction, alteration, or erection is not in accordance with this chapter.
C.
Upon inspection of the land, building, of premises to determine whether or not a certificate of us, occupancy and compliance, required by Subsection 2, shall be issued, if the Zoning Officer finds that this chapter has been complied with, a certificate of use, occupancy, and compliance shall be issued. Written notice shall be given to the applicant stating why a certificate cannot be issued when the Zoning Officer finds that the land, building or premises is not in compliance with this chapter.
5.
Revocation, Suspension or Expiration. A certificate of use, occupancy, and compliance may be revoked or suspended by the zoning office if the Zoning Officer finds that the holder of the certificate has failed to comply with conditions attached of the issuance of the certificate, or if the Zoning Officer finds that the land, building or premises is not in compliance with the requirements to this chapter. A certificate of use, occupancy, and compliance shall expire if the use or occupancy for which said certificate was issued ceases for a period of 12 consecutive months.
§ 27-1507 Amendments.
[Ord. 560, 6/11/1995, Art. XV, § 7]
1.
Whenever the public necessity, convenience, or general welfare indicates, Council may, on its own initiative, amend, supplement, change, modify, or repeal this chapter, or any part thereof, by proceeding in the manner prescribed in §§ 607-610 of the MPC.
2.
In cases where private landowners or others with an equitable interest in the land questions application for an amendment or curative amendment, the manner prescribed in §§ 607-610 of the MPC shall be followed. In addition, the following shall be included in an application for:
A.
Completed form approved by the Borough.
B.
Nine copies of the legal description of the property to be rezoned.
C.
Nine copies of survey or plot plan.
D.
Nine copies of letter of intent, describing the applicant's proposed development, or purpose for rezoning.
E.
Nine copies of the proposed site plan depicting the nature of site development.
3.
Whenever the planning commission is directed by Council to do so, the planning commission shall hold at least one public hearing on proposed amendments pursuant to the public notice requirements, as stated above. The planning commission shall invite testimony from the residents, parties in interest, experts, or municipal officials, at the planning commission hearing on any proposed amendment.
4.
Upon the completion of the hearings, the planning commission shall present the proposed amendments along with it's recommendation(s) and explanatory materials to Council within 30 days of the conclusion of the hearings.
5.
If, after a public hearing held by Council, the proposed amendment is revised to include land previously not affected by it, Council shall hold another public hearing pursuant to public notice.
6.
Whenever the owners of more than 50% of the frontage in any area where a change is sought, shall present to Council a petition requesting an amendment, including a repeal of a provision of this chapter, or of the zoning map including such area, Council shall hold a public hearing on the request pursuant to public notice.
7.
If a petition for an amendment is denied by Council after public notice and public hearing, no subsequent petition shall be accepted which involves the same amendment affecting the same property, or any part thereof, until after the next scheduled written review of this chapter by the commission, but in no case shall such a petition be resubmitted for at least six months after final action on the petition by Council.
§ 27-1508 Enforcement and Penalties.
[Ord. 560, 6/11/1995; as added by Ord. 603, 8/10/2004]
1.
The provisions of this chapter shall be enforced by the Zoning Officer in accordance with § 27-1502.
2.
Upon receipt of a complaint of a violation or violations of this chapter, or upon taking actual notice of same, the Zoning Officer shall investigate the violation(s) and, if violation(s) are found, shall issue a "notice of violation and compliance order" (NOV/CO)," in writing, to the property owner(s) and, if applicable, the tenant(s), occupant(s) or lessee(s) of the property in question that violations exist, which the NOV/CO shall:
A.
State the violation(s) with reference to specific sections of this chapter.
B.
State the required corrective actions to be undertaken.
C.
State the required time period or deadline for correction, abatement, elimination or remediation of the violation(s).
D.
State appeal procedures as provided for in this chapter.
3.
The NOV shall be served on the property owner, tenant, occupant or lessee by:
A.
Certified mail, return receipt requested and first class mail.
B.
Personal hand delivery by the Zoning Officer, who shall make a notation of the date delivered.
C.
Posting a copy of the NOV/CO at the property.
For NOV/COs sent by certified mail, the date of receipt as indicated on the return card shall constitute actual receipt. |
In the case where mailing(s) are returned as "undeliverable" or "unable to forward" or "addressee unknown" or similar markings, the Zoning Officer shall post the property, the date of which shall be deemed to constitute receipt. |
4.
If, after the time for correction, abatement, elimination or remediation of the violation(s) has passed and the violation(s) still exist, the Zoning Officer shall file a citation with the District Magistrate.
5.
The penalty for violation(s) of this chapter shall be $100 per day per violation, with each day counted as a separate violation, plus the actual costs incurred by the Borough in connection with inspection, documentation, notification and prosecution of the violation(s).
6.
The number of days for calculating the penalty for violations shall be measured from the date of actual or deemed receipt of the NOV/CO by the property owner, tenant, occupant or lessee.