Wrightsville City Zoning Code
PART 5
ADMINISTRATION AND ENFORCEMENT
§ 27-501 Zoning Permits.
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1.
A zoning permit certifying compliance with this chapter must be obtained from the Zoning Officer for any new structure as stated below or for any change of use of a structure or land as set forth below before such new structure or use or change of use is occupied or established:
A.
Use of a structure erected, structurally altered or extended, or moved after effective date of this chapter.
B.
Use of vacant land except for agricultural purposes.
C.
Any change in a conforming use of a structure or land.
D.
Any change from a nonconforming use of a structure or land to a conforming use.
E.
Any change in the use of a structure or land from that permitted by any variance of the Zoning Hearing Board.
2.
The applications for a zoning permit must include a statement of the intended use and any existing use of the structure or land.
3.
A site plan shall be required for the alteration, construction and demolition of any building or structure. A site plan shall be drawn at a scale no less than 50 feet to one inch and include, at a minimum:
A.
The location and dimensions of the lot.
B.
Locations, dimensions and uses of existing and proposed structures and yards on the lot, and the location of structures on adjacent/abutting properties.
C.
The names and location of all abutting streets and other rights-of-way.
D.
Location, size and dimension of all existing and proposed off-street parking and loading areas, driveways and access drives.
E.
The size, dimensions and location of all existing and proposed signs and signage.
4.
Duration of Permit. The permit continues in effect as long as the use of the structure or land for which it is granted conforms to this chapter.
A.
Work on the proposed construction or development shall begin within six months and shall be completed within 12 months after the date of issuance of the zoning permit or the permit shall expire unless a time extension is granted, in writing, by the Zoning Officer. Time extensions shall be granted only if a written request is submitted by the applicant who sets forth sufficient and reasonable cause for the Zoning Officer to approve such a request.
§ 27-502 Enforcement by Zoning Officer.
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1.
Appointment and Powers. For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Borough, shall be appointed by the Borough Council. The Zoning Officer shall meet qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough a working knowledge of municipal zoning. The Zoning Officer shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter. The Zoning Officer is the enforcement officer for this chapter, issuing all zoning permits, use certificates, and at direction of the Zoning Hearing Board, special exceptions and variances. The Zoning Officer shall identify and register nonconforming uses and nonconforming structures together with the reasons why they were identified as nonconformities. The Zoning Officer may conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter with consent of the owner.
3.
Transmittal of Papers. Upon receipt of an application for a special exception, variance or a notice of appeal, the Zoning Officer must transmit to the Secretary of the Zoning Hearing Board and to the Borough Council, copies of all papers constituting the record upon the special exception, variance, or appeal.
4.
Action on Zoning Permits. Within 10 business days, except for holidays, after receipt of an application for a zoning permit, the Zoning Officer must grant or refuse the permit. If the specifications and intended use conform in all respects with the provisions of this chapter, he must issue a permit to that effect. Otherwise, he must state in writing the grounds of his refusal.
5.
Revoking Permits/Approvals. The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter in the case of any false statement or misrepresentation of a fact in an application or on the plans on which the permit or approval was based. Any permit issued in error shall in no case be construed as waiving any provision of this chapter and such permit may be revoked.
6.
Enforcement. Upon determining that a violation of any of the provisions of this chapter exists, the Zoning Officer must send an enforcement notice to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record. An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom the Borough intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the chapter.
D.
The date before which the steps for compliance must be commenced (within 15 days of issuance of notice) and the date before which the steps must be completed (within 45 days of issuance of notice).
7.
Records. The Zoning Officer must keep record of:
A.
All applications for zoning permits, special exceptions and variances and all actions taken on them, together with any conditions imposed by the Zoning Hearing Board.
B.
All complaints of violations of provisions of this chapter and the action taken on them.
C.
All plans submitted.
D.
Nonconforming Uses and Nonconforming Structures. All such records and plans shall be available for public inspection.
§ 27-503 Nonconforming Uses and Structures.
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1.
Continuation. Any lawful use of a structure or land or any lawful structure existing at the effective date of this chapter may be continued, although such use or structure does not conform to the provisions of this chapter.
2.
Extensions. A nonconforming use or a nonconforming structure may be expanded to an area equal to no more than 25% of the existing nonconforming use or nonconforming structure, whichever is the lesser. Nonconforming uses or nonconforming structures created by variance shall not be permitted to expand.
3.
Nonconforming Lots of Record. In any district in which single-family houses are permitted, a single-family house and customary accessory buildings may be erected on any lot of record in existence at the effective date of this article. In any appeal or application by an applicant to the Zoning Hearing Board, consideration shall be given by the Zoning Hearing Board as to the desirability and feasibility of merging the lots for purposes of this chapter when two or more nonconforming lots have contiguous frontage and are in single ownership and are being used as one lot.
4.
Substitution or Replacement. Any nonconforming use may be substituted or replaced by another nonconforming use by special exception granted by the Zoning Hearing Board, so long as the Zoning Hearing Board determines that the proposed use is, at a minimum, equally compatible with and not detrimental to the surrounding area and neighborhood as the original nonconforming use. Furthermore, any proposed substitution or replacement of a nonconforming use shall not increase any dimensional nonconformity. In granting a special exception, the Zoning Hearing Board may attach such conditions as are reasonable and necessary to maintain the use as compatible with the surrounding area and neighborhood.
5.
Abandonment. If the nonconforming use of a structure or land ceases for a period of two years or more, subsequent use of a structure or land shall be in conformity with the provisions of this chapter.
6.
Restoration.
A.
Any nonconforming structure that has been damaged or destroyed by fire, windstorm, lightning or by other means, deemed to be not the fault of the owner, may be reconstructed, subject to the limitations and requirements of this section and any nonconforming use which had been utilizing a nonconforming structure which is damaged or destroyed, as aforesaid, may be continued, subject to the limitations and requirements of this section. Anything in this section to the contrary notwithstanding, a request for a building permit must be submitted to the Borough within one year from the date of damage or destruction. Thereupon, restoration shall be completed within two years from the date of damage or destruction. As to a nonconforming use which had been utilizing the structure that was damaged or destroyed, as aforesaid, it must be continued on the land within two years of the date of damage or destruction; otherwise, the use of such land or any restoration of a structure shall be in conformity with the provisions of this chapter.
B.
Unless reconstructed in accordance with and in strict compliance with the provisions of this chapter, any rebuilding of a nonconforming structure must be reconstructed within, and not to exceed, the "footprint" of the structure that has been destroyed.
C.
No rebuilding shall be undertaken, as provided herein, until plans for rebuilding have been presented and approved by the Borough's Building Code Official and the Borough Zoning Officer.
D.
Restoration regulations shall not apply to single-family homes which may be restored by right. However, where reasonably possible, the property shall be reconstructed to come into compliance with the dimensional requirements of this chapter.
7.
Nonconforming Use of Open Land. Regardless of anything in this section to the contrary notwithstanding and regardless of the definition of "structure" as set forth in Part 2, or otherwise in this chapter, all nonconforming signs, billboards, junk storage areas and similar nonconforming use of land, when discontinued for a period of 90 days or damaged to an extent of 75% or more of replacement costs, shall not be continued, repaired or constructed.
§ 27-504 Amendments.
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1.
The Borough Council may from time to time amend, supplement or repeal any of the regulations and provisions of this chapter.
2.
Public Hearing(s). Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to public notice. If after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Borough Council shall hold another public hearing, pursuant to public notice before proceeding to vote on the amendment.
3.
County Planning Commission Review. At least 30 days prior to the hearing on any amendment by the Borough Council, the Borough shall submit the proposed amendment to the County Planning Commission for recommendations.
4.
Amendments Involving Zoning Map Changes. If the proposed amendment involves a Zoning Map change, notice of the required public hearing shall be conspicuously posted by the Borough at points deemed sufficient by the municipality along the tract to notify potentially interested citizens. The affected parcel or area shall be posted at least one week prior to the date of the hearing. In addition to the requirement that notice be posted, notice of the public hearing shall be mailed by the Borough at least 30 days prior to the date of the hearing by first-class mail to the addresses to which real estate tax bills are sent for all real estate property located within the area being rezoned. The notice shall include the location, date and time of the public hearing.
5.
Enactment of Amendments.
A.
Proposed amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Borough where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Borough Council shall publish the proposed amendment once in one newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not advertised, then:
(1)
A copy thereof shall be supplied to the newspaper in general circulation in the Borough at the time the public notice is published; and
(2)
An attested copy of the proposed ordinance shall be filed in the County Law Library or other county offices designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing the ordinance.
B.
In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Borough Council shall hold another public hearing pursuant to public notice.
C.
Within 30 days after enactment of any amendment to the Zoning Ordinance, a copy of the amendment shall be forwarded to the County Planning Commission.
6.
Landowner Curative Amendments. A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1, respectively.
7.
Municipal Curative Amendments. If the Borough determines that its Zoning Ordinance or any portion thereof is substantially invalid, the Borough shall declare by formal action, its Zoning Ordinance or portions thereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity as provided for and in accordance with the procedures set forth in Section 609.2 of the Pennsylvania Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10609.2.
§ 27-505 Fees.
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The Borough Council shall by resolution establish fees for all applications, permits, or appeals provided for by this chapter to defray the costs of advertising, mailing notices, processing, inspecting, and copying applications, permits, and use certificates. The fee schedule shall be available at the Borough Office for inspection.
§ 27-506 Appeals.
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Any person aggrieved or affected by provision of this chapter or decision of the Zoning Officer, Borough Engineer, Zoning Hearing Board or Borough Council may appeal in the manner set forth in either Article IX or X-A of the Pennsylvania Municipalities Planning Code, as amended, whichever is applicable.[1]
[1]
Editor's Note: See 53 P.S. §§ 10901 et seq. and 11001-a et seq., respectively.
§ 27-507 Causes of Action.
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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 this chapter, the Borough Council or, with approval of the Borough Council, an officer of the Borough, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, may institute any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure 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 Council at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough. No such action may be maintained until such notice has been given.
§ 27-508 Enforcement Remedies.
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1.
Any person, partnership or corporation who or which has violated or permitted the violation of the provision of this chapter shall upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney 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 determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was not 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 that a violation continues shall constitute a separate violation.
2.
All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Borough.