The Zoning Officer. The provisions of this chapter shall be enforced by an agent to be appointed by the Borough Council who shall be known as the Zoning Officer.

Deputy. Borough Council may designate an employee or employees of the Borough as Deputy Zoning Officer who may exercise all the powers of the Zoning Officer.

Compensation. The compensation for the Zoning Officer and the Deputy Zoning Officers shall be determined by Borough Council.

Duties and responsibilities. The Zoning Officer shall have all the duties and powers conferred by this chapter in addition to those reasonably implied for that purpose. He/she shall not issue a permit or certificate in connection with any contemplated erection, construction, alteration, repair, extension, replacement and/or use of any building, structure, sign and/or land unless it first conforms with the requirements of this chapter, all other ordinances of the Borough, and with the laws of the Commonwealth of Pennsylvania. He/she shall:

Zoning permits. Zoning permits shall hereafter be secured from the Zoning Officer's office prior to the issuance of a building permit for the construction, erection or alteration of a structure or sign or part of a structure or upon a change in the use of a structure or land. The fee for said permit shall be included in the building permit fee.[1]

Special exceptions. Applications for any special exception as permitted by this chapter shall be filed with the Zoning Officer for proceedings in accordance with Subsection E of this section.

Temporary use permits. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this chapter. If such uses are of such a nature and are so located that, at the time of petition, they will:

Certificate of occupancy. It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, located, erected, changed, converted or enlarged wholly or partly until a certificate of occupancy has been issued for that premises, certifying that the structure or use complies with the provisions of this chapter. Such occupancy permits shall be granted or denied within 15 days from the date that a written application is filed with the Zoning Officer. In the event that the issuance of a certificate of occupancy is denied upon application therefor, the Zoning Officer shall notify the Zoning Hearing Board, in writing, his/her action and the specific reasons therefor.

Special exception uses. Applications for any special exception use permitted by this chapter shall be made to the Zoning Officer who shall refer such applications to the Borough Planning Commission Chairman seven days prior to the Planning Commission's next regularly scheduled meeting. The Planning Commission will review the application pursuant to its standards and criteria and submit its recommendations to the Zoning Hearing Board for approval or denial. Recommendations made and decisions entered will be based on, but not limited to, the following general standards and criteria:

Should an applicant to the Zoning Hearing Board for a special exception or a variance, or should an applicant to the Borough Council for a conditional use, fail to obtain from the Zoning Officer any necessary permit within a period of six months from the date of approval, or having obtained such permit should the applicant fail to commence work or implement the permit within such six-month period, then it shall be deemed rescinded by the granting body.

General procedures. The Zoning Hearing Board shall be governed by the provisions of the "Pennsylvania Municipalities Planning Code," Act 170 of December 21, 1988, P.L. 1329, Article IX,[1] as may be amended or revised, and such other Commonwealth of Pennsylvania laws as may be applicable. As used in this chapter, unless the context clearly indicates otherwise, the term "Board" shall refer to such Zoning Hearing Board, and "Act 170" shall refer to the "Pennsylvania Municipalities Planning Code" as cited above.

Creation and membership. The terms of office of the Zoning Hearing Board shall be five years and shall be so fixed that the term of office of one member of a five-member Zoning Hearing Board shall expire each year. The Zoning Hearing Board shall promptly notify the Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. The Council may appoint by resolution at least one but no more than three residents of the Borough to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of this chapter, an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the same and full extent as provided by law for Zoning Hearing Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth as otherwise provided by law. Alternates shall hold no other office in the municipality, including membership on the Planning Commission and Zoning Officer. Any alternate that participates in any proceeding or discussion of the Zoning Hearing Board shall not be entitled to vote as a member of the Zoning Hearing Board nor be compensated unless designated as a voting alternate member.

Officers. The Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.

Meetings. Meetings shall be held at the call of the Zoning Hearing Board Chairman and at such other times as the Zoning Hearing Board may determine.

Hearings. Hearings will be held and records will be kept in accordance with the Pennsylvania Municipalities Planning Code.

Powers. The Zoning Hearing Board shall have the following powers:

The fee for appeals and permits shall be set by the Borough Council by resolution.

Appeals from Zoning Hearing Board rulings. Any person aggrieved by any decision of the Zoning Hearing Board may, within 30 days after such decision, appeal to the Court of Common Pleas of the County.

The burden of proof in any appeal whether for a variance, special exception, or otherwise shall be on the appellant.

Appeals to the Zoning Hearing Board may be made by any person or by any Borough official or agency aggrieved or affected by any decision of the Zoning Officer. Such appeal shall be taken within 30 days of the decision of the Zoning Officer by filing with the Zoning Officer and with the Zoning Hearing Board a notice of appeal, specifying the grounds thereof. The Zoning Officer shall forthwith transmit to the Zoning Hearing Board all the papers constituting the record upon which the action appealed from was taken. An appeal shall state:

An appeal to the Zoning Hearing Board shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Officer certifies to the Zoning Hearing Board after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Officer and for due cause shown.

Upon receiving an appeal, the Zoning Hearing Board shall fix a reasonable time and place for a public hearing thereon and shall give public notice thereof as follows:

Public hearing. The Zoning Hearing Board shall conduct a public hearing on such appeal at which hearing any party may appear in person, or by agent or attorney, and all of said parties so affected shall be given an opportunity to be heard.

Decision of the Zoning Hearing Board. The Zoning Hearing Board shall decide the issue involved within 45 days after the hearing or continued hearing. All actions of the Zoning Hearing Board shall be by motion, and a copy shall be furnished to the parties in interest and the Zoning Officer as a public record.

Effect of Zoning Hearing Board's decision. If the variance is granted or the issuance of a permit is approved, or other action by the appellant is authorized, the necessary permit shall be secured and the authorized action begun within 12 months after the date when the variance is finally granted or the issuance of a permit is finally approved or the other action by the appellant is authorized. For good cause, the Zoning Hearing Board may, upon application in writing stating the reasons therefor, grant an additional six-month extension.

Fees. Each application made for variances, special exceptions or appeals or requests for extensions shall be accompanied by a fee according to the fee schedule maintained by the Borough Council Secretary to cover the costs incurred by the Zoning Hearing Board.

The construction, erection, replacement, alteration, repair, extension, replacement, and/or use of any structure, building, sign, and/or land; or the change of use, area of use, percentage of use or extension or displacement of the use of any structure, building, sign, and/or land without first obtaining a permit; or the use of any building, structure, sign, and/or land without receipt of a certificate of use and occupancy or the failure to comply with any other provisions of this chapter are hereby declared to be violations of this chapter.

The Zoning Officer shall serve a written enforcement notice of violation or order on the person, firm or corporation, or the owner, lessee or agent of the land upon which the violation has occurred, who has committed the violation, to any person who has filed a written request to receive enforcement notices regarding such parcel, and to any other person requested in writing by the owner of record. Such notice or order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. An enforcement notice shall state at least the following:

If the notice of violation is not complied with within the time specified in the enforcement notice or order, the Zoning Officer or other Borough officer may take, in the name of the Borough, any appropriate action or proceeding at law or in equity to prevent, restrain correct or abate such violation or to require the removal or termination of the unlawful use of the structure, building, sign, and/or land in violation of the provisions of this chapter or of the order or direction made pursuant thereto.

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter enacted under the PA Municipalities Planning Code or prior enabling laws shall, upon being found liable therefor in civil enforcement commenced by the Borough, pay a judgment of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough 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 Magisterial District Judge determining that there has been a violation further determine that there was a good-faith basis for the person, partnership, or corporation 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 Magisterial District Judge, and thereafter each day a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Borough.

The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.

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 ordinance enacted under the PA Municipalities Planning Code or prior enabling laws, the Council or, with the approval of the Council, an officer of the Borough, or any aggrieved owner or tenant of real property who shows that his/her 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 Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on the West York Borough Council. No such action may be maintained until such notice has been given.

Amendments initiated by the Borough Planning Commission. When an amendment, supplement, change or repeal is initiated by the Borough Planning Commission, the proposal shall be presented to the Borough Council, which shall then proceed in the same manner as with a petition to the Borough Council which has already been reviewed by the Borough Planning Commission.

Amendment initiated by the Borough Council. When an amendment, supplement, change or repeal is initiated by the Borough Council, it shall submit the proposal to the Borough Planning Commission for review and recommendations.

Procedure for petition. The petition for amendment, supplement, change or repeal shall contain as fully as possible all information requested by the Zoning Officer and shall be signed by at least one record owner of the property in question whose signature shall be notarized attesting to the truth and correctness of all the facts and information presented in the petition. A fee established by the Borough Council shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein.

Referral to Borough Planning Commission. After receipt of the petition by the Borough Council, said petition shall be presented to the Borough Planning Commission for review and recommendations at least 30 days prior to the public hearing. A report of said review, together with any recommendations, shall be given to the Borough Council in writing within 30 days from the date of said referral. If the Borough Planning Commission shall fail to file such a report within the time and manner specified, it shall be conclusively presumed that the Borough Planning Commission has approved the proposed amendment, supplement, change or repeal.

Referral to County Planning Commission. At least 30 days prior to the public hearing on the amendment by the Borough Council, the Borough shall submit the proposed amendment to the York County Planning Commission for recommendations.

Public hearing. The Borough Council shall fix a time and place for a public hearing at which parties of intent and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in one newspaper of general circulation in the Borough once each week for two successive weeks, with the first publication not more than 30 days and not less than 14 days prior to the date of said hearing.

Action by the Borough Council. At the time and place specified, the Borough Council shall conduct a hearing on said petition to amend, supplement, change or repeal this chapter or Zoning Map of the Borough and shall thereafter, within a period of 45 days, either reject the proposed change or adopt an ordinance implementing the proposed change. The Borough Council may adjourn said hearing at its discretion to a certain time and place.

Authentication of Official Zoning Map. Whenever there has been a change in the boundary of a zoning district or a reclassification of the zoning district adopted in accordance with the above, the change on the Official Map shall be made, and shall be duly certified by the Borough Secretary and shall thereafter be refiled as part of the permanent records of the Borough. Whenever a proposed amendment involves a Zoning Map change, notice of a public hearing shall be conspicuously posted by the Borough at points deemed sufficient by the Borough along the perimeter of the tract. The notice shall be posted at least one week prior to the date of the hearing.