West View City Zoning Code
ARTICLE X
Administrative Procedures
§ 290-37 Intent.
It is the purpose of these regulations to prescribe the procedures for administration of this chapter. Nothing contained within this article shall be interpreted as limiting the adoption of Borough administrative regulations which would supersede required procedures listed herein.
§ 290-38 Zoning Officer.
A.
Administration. The duty of administering and enforcing the provision of this chapter is hereby conferred upon the Borough Zoning Officer, who shall have such powers as are conferred on him by this chapter and are reasonably implied for that purpose. The Zoning Officer shall establish from time to time, by and with the consent of the Borough Council, such rules and regulations as may be deemed necessary to the proper exercise of the authority and powers conferred upon the said Zoning Officer under the provisions of this chapter.
B.
Duties. The duties of the Zoning Officer (and his duly authorized representatives) shall be:
(1)
To examine all applications for permits.
(2)
To issue permits only for construction and uses which are in accordance with the regulations of this chapter and other applicable ordinances as may be subsequently amended.
(3)
To record and file all applications for permits with the accompanying plans.
(4)
To issue permits for uses by special exception only after such uses and buildings are approved by the Zoning Hearing Board in accordance with the regulations of this chapter.
(5)
To receive all required fees and issue all necessary stop orders.
(6)
Upon the request of the Planning Commission or Zoning Hearing Board, to present to such body, facts, records and any similar information on specific requests to assist such body in reaching its decision.
C.
Appeal. Any appeal from a decision or action of the Zoning Officer shall be made directly to the Zoning Hearing Board in accordance with Article XI of this chapter.
D.
Notification of violation. If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order the discontinuance of illegal use of land, a building or structure; the removal of illegal buildings or structures or of additions, alterations or structural changes thereto; and the discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or prevent a violation of its provisions.
§ 290-39 Permits.
A.
Occupancy permits.
(1)
No use of vacant land, other than agricultural use, shall be made and no building or structure hereafter erected or structurally altered shall be occupied or used until a certificate of use, occupancy and compliance shall have been issued by the Zoning Officer. A similar certificate of occupancy and compliance shall be applied for and shall be issued before an existing use of a building, structure or land shall be changed. There shall be no charge for the certificate of occupancy.
[Amended 11-5-1975 by Ord. No. 1179]
(2)
A certificate of occupancy shall state that the building or proposed use of a building or land complies with all laws and ordinances and with the regulations of this chapter. It shall be applied for simultaneously with the application for a building permit, and shall be issued upon examination of the completed structure and certification by the Zoning Officer within 10 days after the erection or structural alteration of such building or part thereof shall have been completed in conformity with the provisions of this chapter. However, such certificate shall be void if not exercised or renewed within six months of the date of issue.
(3)
Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Zoning Officer for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as altering the rights, duties or obligations of either the owners or the Borough in respect to the use or occupancy of the premises in question or in any other matter within the purview of this chapter. Such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. No permit for excavation for or the erection of any building or part of a building, or for repairs to and alteration of a building, shall be issued before application has been made for a certificate of occupancy and compliance.
B.
Application forms. All applications for occupancy permits shall be made on printed forms to be furnished by the Zoning Officer and shall contain accurate information as to the size and location of the lot, the size and location of the buildings or structures on the lot, the dimensions of all yards and open spaces and such other information as may be necessary to provide for the enforcement of this chapter.[1]
§ 290-40 Schedule of fees.
A.
The Borough Council shall determine a schedule of fees, charges and expenses, as well as a collection procedure for special permits, variances, amendments and other matters pertaining to this chapter. Said schedule of fees shall be posted in the offices of the Borough Secretary and the Zoning Officer.
B.
The Borough Council shall be empowered to reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting by resolution.
C.
The required fees for applications for zoning district amendments may vary according to advertising costs and thus shall be kept up-to-date by the Borough. All such fees shall be paid into the Borough treasury.
D.
Special exceptions and variances shall be issued or acted upon only after fees have been paid in full, and the Zoning Hearing Board shall take no action on appeals until preliminary charges have been paid in full.
§ 290-41 Amendments.
A.
Power to amend. The regulations, restrictions, boundaries and requirements set forth in this chapter may from time to time be amended, supplemented, changed or repealed through amendment by the Borough Council.
B.
Procedure for amendment. The following general requirements shall be observed in making any amendment to this chapter:
(1)
Proposed amendments, supplements or changes, or a proposal to repeal this chapter or a part thereof, may be initiated by the Borough Council or the Planning Commission.
(2)
In the case of an amendment other than that prepared by the Planning Commission, the Borough Council shall submit each such amendment to the Planning Commission at least 30 days prior to the public hearing on such proposed amendment to be held by the Borough Council. The Planning Commission shall hold a public hearing pursuant to public notice, after which public hearing recommendations must be made to the Borough Council within 15 days of completion of such public hearing or continued hearing.
(3)
When the proposed amendment is prepared by the Planning Commission, the Planning Commission shall hold at least one public hearing pursuant to public notice and may hold additional public hearings, if necessary, upon such notice as it shall determine to be advisable. Upon completion of its work, the Planning Commission shall present to the Borough Council the proposed amendment, together with recommendations and explanatory materials.
(4)
No action by the Borough Council to amend this chapter shall become effective until after a public hearing pursuant to public notice.
C.
Zoning amendment by petition.
(1)
A request to amend this chapter may be initiated by a petition signed by 80% of the owners in interest and number of the property sought to be reclassified. The petition must be accompanied by the written consents, verified by affidavit, of 80% of the owners in interest and number of all of the property within 200 feet from the property sought to be reclassified; a legal description of said property; and the names and present addresses of all abutting property owners. Said petition shall be filed with Borough Council upon payment of the filing fee as established by resolution of the Council. The Borough Council shall then refer the said petition to the Planning Commission, who shall conduct a public hearing pursuant to public notice, after which public hearing recommendations shall be made to the Borough Council within 15 days of completion of such public hearing or continued hearing.
(2)
Whenever the Borough Council, after due hearing, pursuant to the provisions hereof, has acted negatively upon a proposed change or amendment to the zoning districts or regulations, no petition affecting the same property or district shall be entertained or acted upon by the Borough Council, except by consent of 3/4 of the members of the Borough Council, within a period of one year from the date of such adverse action, and after such second application has been acted upon by the Borough Council, no further application shall be entertained for a period of two years from the date of the said second application, except by consent of 3/4 of the members of the Borough Council.
D.
Public notice. As used in this chapter, except where the context clearly indicates otherwise, "public notice" means notice given not more than 30 and not less than 14 days in advance of any public hearing. Such notice shall be published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.
§ 290-42 Enforcement and remedy.
A.
This chapter shall be enforced by the designated Zoning Officer. No permit of any kind as provided in this chapter shall be granted by him for any purpose except in compliance with the provisions of this chapter or based upon a decision of the Zoning Hearing Board or the courts.
B.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or other regulation made supplementing this chapter, the Zoning Officer, in addition to the other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; or to prevent any illegal act, conduct of business or use in or about such premises.
§ 290-43 Complaints regarding violation.
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Officer. He shall properly record such complaint and immediately investigate and take action thereon as provided by this chapter.
§ 290-44 Violations and penalties.
[Amended 8-11-2016 by Ord. No. 1490]
Any person, partnership or corporation violating any of the provisions of this chapter or aiding, abetting or assisting in the violation thereof shall, upon conviction, be sentenced to pay a civil fine of not more than $500, plus filing costs and reasonable attorney's fees for each offense, and each day of any violation that is permitted to exist after written notification shall constitute a separate offense.