West Lampeter Township
City Zoning Code
City Zoning Code
ARTICLE IX
Administration
§ 285-62 Permits and certificates.
A.
Applicability.
(1)
Any of the following activities or any other activity regulated by this chapter shall only be carried out in conformity with this chapter:
(2)
Zoning permit. A zoning permit indicates that a zoning application complies with this chapter to the best knowledge of the applicable Township staff.
(a)
A zoning permit is required to be issued prior to the start of any of the following activities:
[1]
Erection, construction, movement, placement, relocation or expansion of a structure, building or sign;
[2]
Change of the type of use or expansion of the use of a structure or area of land;
[3]
Creation of a new use;
[4]
Demolition of a building or partial demolition of the exterior of a building;
[6]
Excavation or grading in preparation for the construction of a building or a change in use of a property; and/or
[7]
Construction or installation of any animal waste impoundment, lake, pond, dam or other water retention basin.
(b)
The Township may, at its option, issue combined or separate building permits and zoning permits and/or may utilize a single or separate applications for the permits.
(3)
Certificate of use and occupancy.
(a)
It shall be unlawful to use and/or occupy any structure, building, sign, and/or land or portion thereof for which a permit is required herein until a certificate of use and occupancy for such structure, building, sign, and/or land or portion thereof has been issued by the Zoning Officer. The application for issuance of a certificate of use and occupancy shall be made at the same time an application for a zoning permit is filed with the Zoning Officer as required herein. (Note: A certificate of occupancy may also be required in additional situations under the Construction Code, which is a separate ordinance.)[1]
(b)
The Township staff may permit the zoning permit application to serve as the application for the certificate of use and occupancy.
(c)
The certificate of occupancy shall only be issued by the Zoning Officer if the Zoning Officer determines that the activity complies with this chapter, to the best knowledge of the Zoning Officer. The Township may also withhold issuance of the certificate until there is compliance with other Township ordinances.
(d)
The applicant shall keep a copy of the certificate of occupancy available for inspection.
(e)
Upon the request of an applicant, the Zoning Officer may issue a temporary certificate of occupancy. Such temporary certificate may permit an activity to occur in all or part of a structure before the entire work covered by the permit has been completed.
[1]
However, such temporary certificate shall only be issued if the applicant proves to the Zoning Officer that the activity or occupancy can occur safely without endangering public health or safety.
[2]
The temporary certificate shall establish in writing a maximum time period under which it is valid. A six-month maximum time period shall apply if not otherwise specified. The Zoning Officer may provide written time extensions for good cause.
[3]
Failure to receive a permanent certificate of use and occupancy within such time period shall be a violation of this chapter.
[4]
The temporary certificate may be conditioned upon compliance with certain specific requirements within certain time periods.
B.
Repairs and maintenance. Ordinary repairs and maintenance to existing structures that do not involve an expansion or change of a use or structure shall not by itself be regulated by this chapter. Examples of such work include replacement of a roof that does not involve enclosure of space. (However, a construction permit under any Township building code may be needed for such work.)
C.
Types of uses.
(1)
Permitted uses. The Zoning Officer shall issue a permit under this chapter in response to an application for a use that is permitted if it meets all of the requirements of this chapter.
(2)
Special exception use or application requiring a variance. A permit under this chapter for a use requiring a special exception or variance shall be issued by the Zoning Officer only in response to a written approval by the Zoning Hearing Board following a hearing.
D.
Applications.
(1)
Submittal. All applications for a zoning permit or a decision by the Zoning Hearing Board shall be made in writing on a form provided by the Township. Such completed application, with required fees, shall be submitted to a designated Township staff-person.
(2)
Site plan. The applicant shall submit a minimum of two copies of a site plan with the application if the application involves a new building, expansion of a building or addition of three or more parking spaces. The site plan shall be drawn to scale and show the following:
(a)
Locations, dimensions and uses of existing and proposed structures, parking and loading areas, and locations of existing and proposed uses of areas of land, with existing features clearly distinguished from proposed features;
(b)
Notes showing the dimensions of all buildings from lot lines and street rights-of-way;
(c)
Locations of any watercourses and any 100-year floodplain;
(d)
Proposed lot areas, lot widths and other applicable dimensional requirements;
(e)
Locations and sizes of any easements;
(f)
Locations and widths of existing and proposed sidewalks;
(g)
A North arrow and scale; and
(3)
Additional information. Any application under this chapter shall include the following information, unless the Zoning Officer determines such information is unnecessary to determine compliance with this chapter:
(a)
The address of the lot;
(b)
Name and address of the applicant, and of the owner of the property if different from the applicant;
(c)
If the applicant is not the landowner of record, information shall be presented with the application, such as an agreement of sale or lease, to demonstrate that the applicant has the legal right to make the application;
(d)
A current deed for the property;
(e)
A description of the existing and proposed use(s) of the property, with the proposed use described in sufficient detail for the Zoning Officer to determine compliance with this chapter;
(f)
All other applicable information listed on the official Township application form;
(g)
If the applicant is incorporated, the legal names and day telephone numbers of officers of the organization/corporation;
(h)
Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter; and
(i)
A listing of all conditional uses, special exception approvals and/or variances which the applicant is requesting and/or a description with a date of any such approvals that were previously granted for this property that relates to this application.
(4)
Submittals to the Board. In addition to the information listed in Subsection D(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a)
The present zoning district and major applicable lot requirements.
(b)
For a nonresidential use:
[1]
A description of the proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards.
[2]
A list of the maximum hours of operation.
(c)
The existing directions of stormwater flow (and any proposed revisions), and any proposed methods of stormwater management.
(d)
A listing of any sections of this chapter being appealed, with the reasons for any appeal.
(e)
Approximate locations of principal buildings and locations of streets and alleys and zoning district boundaries within 100 feet of the boundaries of the tract and description of uses of adjoining properties (such as "drugstore" or "single-family detached dwelling").
(f)
Heights, locations, methods of illumination and intensity of exterior lighting and sign lighting.
(g)
Name and address of person who prepared the site plan.
(h)
Signed acknowledgement of the application by the applicant.
(i)
Such additional information required under applicable sections of this chapter.
E.
Issuance of permits.
(1)
At least one copy of each permit application and any other zoning approval shall be retained in Township files.
(2)
PennDOT permit. Where necessary for access onto a state road, a Township zoning or building permit shall be automatically conditioned upon issuance of a PennDOT highway occupancy permit.
F.
Revocation of permits; appeal of permit or approval.
(1)
Revocation. The Zoning Officer shall revoke, withhold or suspend a permit or approval issued under the provisions of this chapter in case of one or more of the following:
(a)
Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based. (Note: The Pennsylvania Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.)
(b)
Upon violation of any condition lawfully imposed by the Zoning Hearing Board upon a special exception use or variance.
(c)
Any work being accomplished or use of land or structures in such a way that does not comply with this chapter or an approved site plan or approved permit application.
(d)
For any other just cause set forth in this chapter.
(2)
Appeals. A party with legitimate standing, or as otherwise provided by state law, may appeal decisions under this chapter within the provisions of the State Municipalities Planning Code. Any such appeal shall occur within the time period established in the State Municipalities Planning Code. (As of the adoption date of this chapter, such provisions were in Sections 914.1 and 1002-A.)[2]
[2]
Editor's Note: See 53 P.S. §§ 10914.1 and 11002-A, respectively.
G.
Zoning permit for temporary uses and structures.
(1)
A zoning permit for a temporary use or structure may be issued by the Zoning Officer for any of the following.
(a)
A temporary permit may be issued for customary, routine and accessory short-term special events, provided that:
[1]
Only a well-established nonprofit organization or a permitted place of worship proposing a temporary use to clearly primarily serve a charitable, public service or religious purpose shall be eligible to receive approval for commercial-type activities in a district where a commercial use would not otherwise be permitted;
[2]
Such total events shall be limited to a maximum of 45 days for Christmas tree sales and 10 total days per calendar year for all other activities; and
[3]
The applicant shall prove to the Zoning Officer that sufficient parking and traffic control will be available for the special event without obstructing parking that is required to serve other uses on the site.
(b)
A temporary permit may be issued for temporary storage and office trailers that are necessary to serve on-site construction while such construction is actively underway under a valid Township permit.
(2)
Time period. The Zoning Officer shall state a reasonable maximum time period on the temporary permit. If no time limit is stated, then a seven-day maximum period shall apply. A temporary permit may be renewed for just cause.
(3)
Temporary retail sales. Except as provided for in Subsection G(1)(a)[1] above, and except for agricultural sales allowed by § 285-35, a lot shall only be used for temporary retail sales if all of the following conditions are met:
(a)
The property shall be located within a zoning district that allows retail sales.
(b)
The operator shall have received any business permits required by the Township.
(c)
No off-street parking spaces shall be obstructed that are required to serve permanent uses on the lot.
(d)
Any signs visible from a public street shall comply with this chapter.
(e)
If food or beverages are sold that are not prepackaged, the applicant shall prove compliance with state health regulations, including having on-site facilities for workers to wash their hands. Proper bathroom facilities shall also be available for workers.
(f)
Any structure shall meet applicable minimum setbacks.
(g)
A permit under this chapter shall be required from the Township, which shall be displayed while the activity is open for business.
(h)
The application may be rejected if the Zoning Officer has reason to believe that the activity would obstruct safe sight distances.
(i)
Applicable state highway occupancy permit requirements shall be met.
H.
Compliance with Township Subdivision and Land Development Ordinance.[3] If an application under this chapter would also be regulated by the Township Subdivision and Land Development Ordinance (SALDO), then any permit or approval under this chapter shall automatically be conditioned upon compliance with the SALDO. See the definitions of "land development" and "subdivision" in the SALDO.
(1)
For example, if an applicant applies for a single-family detached dwelling on a proposed new lot, the construction permit for such dwelling shall not be valid until after the lot is granted final subdivision approval and the lot is officially recorded by the County Recorder of Deeds.
§ 285-63 General procedure for permits.
A.
After receiving a proper application, the Zoning Officer shall either: 1) issue the applicable permit(s) or 2) deny the application(s) as submitted, indicating one or more reasons.
B.
After the permit under this chapter has been issued, the applicant may undertake the action specified by the permit, in compliance with other Township ordinances. However, it is recommended that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or a use within this thirty-day appeal period shall be at the risk of the applicant.
§ 285-64 Interpretation and uses not listed.
A.
Minimum requirements. Where more than one provision of this chapter controls a particular matter, the provision that is more restrictive upon uses and structures shall apply. The provisions of this chapter are in addition to any other applicable Township ordinance.
B.
Uses not specifically regulated. If a use clearly is not listed as permitted, as a conditional use, or as a special exception use by this chapter within any zoning district, the use is prohibited, except that the Zoning Hearing Board may permit such use as a special exception use if the applicant specifically proves to the clear satisfaction of the Zoning Hearing Board that all of the following conditions would be met:
(1)
The proposed use would be no more intensive with respect to external impacts and nuisances than uses that are permitted in the district;
(4)
The use is not specifically prohibited in that district.
(5)
The proposed use is a single discreet use and not a combination of uses allowed individually within this chapter.
C.
Interpretation of ordinance text and boundaries.
(1)
The Zoning Officer shall literally apply the wording of this chapter and the location of all district boundaries to particular applications. In any case, the Zoning Officer may also request an advisory opinion from the Township Solicitor to aid in the Zoning Officer's determination.
E.
In the event any provision, section, sentence, clause or part of this chapter shall be held to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such invalidity, illegality or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this chapter, it being the intent of the Board of Supervisors that the remainder of the chapter shall be and shall remain in full force and effect.
§ 285-65 Enforcement, violations and penalties.
All of the enforcement, violations and penalty provisions of the State Municipalities Planning Code, as amended, are hereby incorporated into this chapter by reference. (Note: As of the adoption date of this chapter, these provisions were primarily in Sections 616.1, 617 and 617.2 of such Act.)[1]
A.
Violations. Any person who shall commit or who shall permit any of the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to any of the following: a change in use of land or structure; or the erection, construction or alteration of any structure or portion thereof; or the placement of a sign; or a change in the area of a use or the land coverage or setback of a use; or the excavation or grading of land to prepare for the erection, construction or alteration of any structure or portion thereof;
(2)
Placement of false statements on or omitting relevant information from an application for a zoning permit;
(3)
Undertaking any action in a manner which does not comply with a zoning permit;
(4)
Violation of any condition imposed by a decision of the Zoning Hearing Board in granting a variance or special exception or other approval;
(5)
Violation of any condition imposed by a decision of the Board of Supervisors in granting a conditional use or other approval; or
(6)
Violation of any condition imposed by a decision of a court of competent jurisdiction where such court has granted zoning approval with conditions.
B.
Enforcement notice. If the Township has reason to believe that a violation of a provision of this chapter has occurred, the Zoning Officer or his/her designee shall initiate enforcement proceedings by sending an enforcement notice as provided in Section 616.1 of the State Municipalities Planning Code.[2] Prior to sending an official enforcement notice, the Zoning Officer may at his/her option informally request compliance.
[2]
Editor's Note: See 53 P.S. § 10616.1.
C.
Time limits. An official enforcement notice shall state the deadline to complete bringing the property into compliance with this chapter, and shall state that the applicant has 30 days from the receipt of the notice to appeal to the Zoning Hearing Board.
D.
Causes of action; enforcement remedies. The causes of action and enforcement remedies provisions of the State Municipalities Planning Code, as amended, are hereby incorporated by reference. (Note: As of the adoption date of this chapter, such provisions were in Section 617 of such Law.)[3]
(1)
Enforcement action. If compliance with this chapter is not achieved following sending of an enforcement notice, the Zoning Officer shall institute a civil enforcement proceeding before a District Justice, as provided under state law.
(2)
Violations and penalties. Any person who has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, plus all court costs, including the reasonable attorney's 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 a District Justice determining that there has been a violation further determines that there was a good faith basis for the person violating this chapter 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 attorney's fees collected for the violation of this chapter shall be paid over to the Township for the general use of the Township.
(3)
Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any building, structure, sign or land is used; or any hedge, shrub, tree or other growth is maintained in violation of this chapter or of any of the regulations made pursuant thereto or any of the permits or certificates of use and occupancy issued under this chapter or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a conditional use, then, in addition to any other remedies provided by law, any appropriate action or proceeding may be instituted or taken to prevent or restrain such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to prevent any illegal act, conduct, business or use in and about such premises.
[3]
Editor's Note: See 53 P.S. § 10617.
E.
Enforcement evidence. In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
[1]
Editor's Note: See 53 P.S. §§ 10616.1, 10617 and 10617.2
§ 285-66 Fees.
A Township fee schedule for permits and applications may be established and amended by written resolution of the Board of Supervisors. No application or appeal shall be considered filed until all fees are paid.
§ 285-67 Amendments to this chapter.
Within the requirements of the State Municipalities Planning Code, the Board of Supervisors may amend, or repeal any or all portions of this chapter on its own motion or after agreeing to hear a written request of any person, entity, landowner or the Planning Commission.
§ 285-68 Curative amendments.
§ 285-69 Zoning Officer.
A.
Appointment. The Zoning Officer shall be appointed by the Board of Supervisors. The Board of Supervisors may designate other Township staff-persons to serve as Assistant Zoning Officer(s). Assistant Zoning Officers may serve with the same authority and duties as the Zoning Officer. The Zoning Officer shall not hold any elective office within the Township but may hold other appointed offices.
B.
Duties and powers. The Zoning Officer's duties and powers shall include the following:
(1)
Administer this chapter in accordance with its literal terms, including to receive and examine all applications required under the terms of this chapter, and issue or refuse permits within the provisions of this chapter;
(2)
Conduct inspections to determine compliance and receive complaints of violation of this chapter;
(3)
Keep records of applications, permits, certificates, written decisions and variances granted by the Zoning Hearing Board and of enforcement orders, with all such records being the property of the Township and being available for public inspection;
(4)
Review proposed subdivisions and land developments for compliance with this chapter;
(5)
Take enforcement actions as provided by the State Municipalities Planning Code, as amended;
(6)
Maintain available records concerning nonconformities, provided that the Township is not required to document every nonconformity; and
(7)
Serve such other functions as are provided in this chapter.