A.
Application.
(1)
Hereafter no land shall be used or occupied, and no building or structure
shall be created, altered, used or occupied except in conformity with
the regulations herein established for the districts in which such
land, building or structure is located, as well as all other applicable
statutes.
(2)
In case of mixed occupancy, the regulations for each use shall apply
to that portion of the building or land so used.
B.
Administration and enforcement.
(1)
There shall be a Zoning Administrative Officer who shall be appointed
by the Borough Council and whose duty shall be and is hereby given
the power and authority to enforce the provisions of this chapter.
(2)
Duties. The duties of the Zoning Administrative Officer shall be:
(a)
To examine all applications for permits required by this chapter.
(b)
To issue permits only for construction and uses which are in
accordance with the regulations of this chapter and as may be subsequently
amended.
(c)
To record and file all applications for permits and accompanying
plans and documents and keep them for public record.
(d)
To issue permits for uses by special exception and variance
only after such uses and buildings are ordered by the Zoning Hearing
Board in accordance with the regulations of this chapter, or Court
of Appeals, subject to any stipulations contained in such order.
(e)
To inspect nonconforming uses, buildings and lots and to keep
a filed record of such nonconforming uses and buildings as a public
record and to examine them periodically.
(f)
Upon the request of the Borough Council or the Zoning Hearing
Board, present to such bodies, facts, records, and any similar information
on specific requests to assist such bodies in reaching its decision.
(g)
To be responsible for the keeping up-to-date of this chapter
and the Zoning Map, filed with the Borough Secretary and to include
any amendments thereto.
(h)
To be responsible for the administration of the National Flood
Insurance Program in Stockertown Borough and specifically in those
areas where records must be maintained relative to the types of land
use permitted and occurring within the floodplain district, variances
issues, base flood elevations, elevation of lowest floor, including
basement, the elevation to which the structure is floodproofed and
other administrative functions necessary for participation in the
National Flood Insurance Program.
(i)
To notify in riverine situations, adjacent communities and the
State Coordinating Office prior to any alteration or relocation of
a watercourse, and submit copies of such notifications to the Administrator.
(j)
To assure the flood-carrying capacity within the altered or
relocated portion of any watercourse is maintained.
(k)
To be responsible for applicable provisions included in all
other codes, ordinances and regulations that are applied insofar as
they are consistent with the Borough's needs to minimize the
hazard and damage which may result from flooding.
(l)
To process all applications for special exceptions and variances
before the Zoning Hearing Board.
C.
Violations. Failure to secure a permit prior to the change in use
of land or building(s) or the erection, enlargement or alteration,
demolition of a building or failure to secure a use and occupancy
permit shall be a violation of this chapter. It shall also be a violation
of this chapter to undertake other deliberate actions which are contrary
to the terms of this chapter or other existing statutes.
(1)
Notice of violation. If the Zoning Administrative Officer shall find
that any of the provisions of this chapter is being violated, he shall
notify in writing the person responsible for such violation. Such
notice shall indicate the nature of the violation and order the action
necessary to correct. He shall order discontinuance of illegal use
of land, building or structure; removal of illegal building or structures
or additions, alterations or structural changes thereto; discontinuance
of any illegal work being done or shall take any other action authorized
by this chapter to insure compliance with or prevent violation of
its provisions. Such orders shall be delivered in person by the Zoning
Administrative Officer or shall be mailed by certified mail to the
person or entity responsible. Orders of the Zoning Administrative
Officer shall become effective within the time provided in the order,
but in no event less than one nor more than 30 days from receipt of
notice. The Zoning Administrative Officer shall allow reasonable time
for compliance with orders.
(2)
Repeat violation of an initial notification as to violation of an
ordinance provision shall constitute forfeiture of subsequent notices
and result in the fines as provided in Subsection D.
(3)
Complaints regarding violations. 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 Administrative Officer. He shall record
properly such complaint, investigate, and take action thereon as provided
by this chapter.
D.
Fines and penalties. Any person, partnership or corporation who or
which has violated or permitted the violation of the provisions of
this chapter enacted, upon being found liable therefor in a civil
enforcement proceeding commenced by the Borough, pay a judgment of
not less than $100, nor 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 be 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
the 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 that a violation
continues, shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of the zoning
ordinances shall be paid over to the municipality whose ordinance
has been violated.
(1)
The court of common pleas, upon petition, may grant an order to stay,
upon cause shown, toiling the per diem fine pending a final adjudication
of the violation and judgment.
(2)
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.
E.
Enforcement remedies. In case any building, structure or landscaping
is erected, constructed, reconstructed, altered, repaired, demolished,
converted or maintained, or any building, structure or land is used,
or any hedge, tree, shrub or other growth is maintained in violation
of this chapter or of any regulations made pursuant thereto, the Borough,
nor any aggrieved owner or tenant of real property who shows that
his property will be substantially affected by the alleged violations,
in addition to other remedies provided by law, any appropriate action
or proceedings, whether by legal process or otherwise, may be instituted
or taken to prevent, restrain or rejoin such unlawful erection, construction,
reconstruction, alteration, repair conversion, demolition, maintenance
or use, to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure, or land, or to prevent any
illegal act, conduct business or use in or about such premises.
A.
General requirements.
(1)
Application for permits shall be made in writing on an appropriate
form to the Zoning Administrative Officer and shall contain all information
necessary for such officer to ascertain whether the proposed use of
land or improvement under the application shall comply with the provisions
of this chapter and all other existing statutes.
(2)
Applications for permits required under this chapter may be submitted
by an owner or a designated representative thereof; however, responsibility
for obtaining any required permit and compliance with existing statutes
shall rest with the property owner.
(3)
No permit shall be issued except in conformity with the regulations
of this chapter, and other existing statutes, except after written
order from the Zoning Hearing Board or the courts. Any permits issued
on written order of the Zoning Hearing Board or the courts shall be
subject to any stipulation contained in that order.
(4)
In all instances in which the Zoning Administrative Officer expresses
a reasonable doubt as to the ability of a proposed use to meet all
the requirements of this chapter, it will be incumbent upon the applicant
to furnish adequate evidence in support of this application. If such
evidence is not presented, the zoning permit will be denied.
(5)
The parcel or parcels of land or buildings or parts of buildings
for which an application is being submitted shall be in full ownership
or proof of equitable ownership shall be furnished at the time of
application.
(6)
No application is complete until all the necessary documents have
been filed and fees have been paid.
B.
Fees. All permit fees under this chapter shall be determined by the
Council and a schedule of such shall be made available to the general
public. The 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 of the Council by resolution.
C.
Issuance of refusal of permits. If the Zoning Administrative Officer
determines that an application is in compliance with the provisions
of this chapter, it shall be his duty to issue the appropriate permit.
If he determines that an application is not in compliance with the
provisions of this chapter, it shall be his duty to refuse the permit,
in which case he shall instruct the applicant in the method of appeal
or application to the Zoning Hearing Board.
D.
Notification to applicant. All applicants for permits or certificates
shall be given written notice of the status of the application within
30 days, unless otherwise specified. When an application is refused,
the Zoning Administrative Officer shall specify the reasons for the
refusal.
A.
A zoning permit shall be required prior to: a change in use of land
or buildings; a change in use or extension or enlargement of a nonconforming
use; or development within the Floodplain District. The placing of
vacant land under cultivation shall not require a zoning permit. It
shall be unlawful to commence any site work or other work requiring
a zoning permit until a permit has been properly issued therefor.
B.
Application for zoning permits. Application for permits under this
section, along with accompanying plans and data, may be submitted
by the Zoning Administrative Officer to any appropriate governmental
agency, authority or representative for review and comment relative
to compliance with existing statutes and the Zoning Administrative
Officer shall consider those comments in action on the application.
All applications shall be accompanied by:
(1)
Three copies of the approved land development and/or plot plan together
with any other data and information required by the Zoning Administrative
Officer to evaluate compliance with this chapter and other existing
statutes.
(2)
Three copies of detailed architectural plans for any proposed building
or structure under the application.
(3)
Wherein the disturbance or movement of earth is contemplated, a soil
and erosion control plan with an accompanying narrative prepared by
a qualified person for review and approval by the Borough Engineer;
or, when applicable, a copy of the permit issued by the Pennsylvania
Department of Environmental Protection approving earth moving operations.
(4)
Permits or certification from the appropriate agency for the provision
of a healthful water supply, disposal of sewage and other wastes,
and control or objectionable effects, as well as any other appropriate,
lawful permits as may be required by statute.
(5)
Additional copies of any information may be required by the Zoning
Administrative Officer.
(6)
Permits shall be granted or refused within 30 days upon satisfaction
of the Borough that all supplemental information has been supplied.
C.
Temporary zoning permits. A temporary zoning permit may be authorized
by the Zoning Administrative Officer for a nonconforming structure
or use which it deems beneficial to the public health or general welfare,
or which it deems necessary to promote the proper development of the
community, provided that such nonconforming structure or use shall
be completely removed upon expiration of the permit without cost to
the Borough. Such a permit shall be issued for a specified period
of time, not exceeding one year.
A.
A sign permit shall be required prior to the erection or modification
of any sign, sign structure or change in location of an existing sign,
with the exception of those signs exempted in § 250-82.
B.
Application for a permit. Application shall be made in writing on
an appropriate form to the Zoning Administrative Officer and shall
contain all information necessary for such officer to determine whether
the proposed sign, or the proposed alteration, conforms to all the
requirements of this chapter.
(1)
Permits shall be granted or refused within 30 days from date of application.
(2)
No sign permit shall be issued except in conformity with the regulations
of this chapter, or except after written order from the Zoning Hearing
Board, or the courts.
(3)
All applications for sign permits shall be accompanied by plans or
diagrams in duplicate and approximately to scale, showing the following:
(a)
Dimensions of the lot (including any right-of-way lines) and/or
building upon which the sign is proposed to be erected.
(b)
Size, dimensions and location of the said sign on lot or building
together with its type, construction, materials to be used, and the
manner of installation.
(c)
Any other lawful information which may be required of applicant
by the Zoning Administrative Officer. One copy of said plan or diagram
shall be returned to applicant, after the Zoning Administrative Officer
shall have marked such copy either approved or disapproved, and attested
to same.
A.
Requirements of building permits. A building permit shall be required
prior to the erection or alteration of or addition to, any building
or other structure or portion thereof. It shall be unlawful for any
person to commence work for the erection or alteration of, or addition
to, any building or other structure or portion thereof until a building
permit has been duly issued therefor, except as provided by special
exception.
B.
Application for building permits. All applications for building permits
shall be made in writing on forms furnished by the Borough and shall
be accompanied by a plot plan drawn to scale and accurately showing
the exact size and location of any buildings or other structures existing
on the lot in question or upon abutting land within 50 feet of the
side and rear lot lines of such lot, and the lines within which the
proposed building or other structure shall be erected or altered.
There shall, in addition, be included with all applications, such
other plans, documents and information as may be necessary to enable
the Zoning Administrative Officer to ascertain compliance with this
chapter and all other pertinent ordinances. The Zoning Administrative
Officer shall reply to all building permit applications within 30
days of receipt.
C.
Issuance of building permits. No building permit shall be issued
until the Zoning Administrative Officer has certified that the proposed
building, structure or alteration complies with the provisions of
this chapter and applicable ordinances. Upon completion of the erection,
addition to, or alteration of any building, structure or portion thereof
authorized by any building permit obtained in compliance with this
chapter, and prior to use of occupancy, the holder of such permit
shall notify the Zoning Administrative Officer of such completion.
Use and occupancy shall not be authorized until the Zoning Administrative
Officer has certified that the work has been inspected and approved
as being in conformity with this and other applicable ordinances,
and has issued a use and occupancy permit as provided in § 250-99.
A.
A permit shall be required prior to the erection or installation
of any microwave antenna for satellite communication, provided a temporary
installation of a portable unit, not to exceed seven days, shall be
permitted without a permit for the purpose of determining the suitability
of the site for a permanent antenna installation.
B.
All applications for a microwave antenna permit shall be made to
the Zoning Administrative Officer in writing on a form furnished by
the Borough and shall be accompanied by plans, in duplicate and to
scale, showing:
(1)
For residential and nonresidential installations:
(a)
The dimensions of the lot and location of the buildings thereon.
(b)
Details of all microwave antenna anchors, supports and foundations,
the exact size of the antenna, including dish, and the exact proposed
location of the microwave antenna on the lot.
(c)
When microwave antennas are attached to an existing structure,
details of how microwave antenna loads will be distributed to the
existing structure.
(2)
For roof-mounted nonresidential installations:
(a)
Design wind load on each anchor and allowable wind load on each
anchor.
(b)
Forces on foundation, including live load and dead load.
(c)
Strength and allowable stresses of cables, rods or braces and
the actual force and allowable force for each cable, rod or brace.
C.
If the manufacturer's specifications submitted with the application
specify the installation criteria for Subsection B(2), they shall
be made part of the plan and separate calculations shall not be required.
The Zoning Administrative Officer may waive Subsection B(2) if he
determines them not applicable to the installation.
D.
Issuance or refusal of permits and notification to the applicant
shall be in conformance with § 250-99.
E.
The permit fee shall be in such amount as established from time to
time by resolution of the Borough Council.
A.
General requirements. It shall be unlawful for the applicant, person
or other entity to sell, occupy any building or other structure or
parcel of land until an occupancy permit, if required, has been duly
issued therefor. Occupancy permit shall be required prior to any of
the following:
(1)
Occupancy of any parcel of land, building or other structure hereinafter
erected, altered or enlarged for which a zoning permit or sign permit
is required.
(2)
For all commercial and industrial uses, a change of ownership or
use of any parcel of land, building, or other structure for which
a zoning permit has been or should have been issued under this or
previous Zoning Ordinance.
(3)
For new construction in all zoning districts prior to sale.
B.
Application procedures. All applications for use and occupancy permits
shall be made in writing on forms furnished by the Borough and shall
include all information necessary to enable the Zoning Administrative
Officer to ascertain compliance with this chapter.
C.
Issuance.
(1)
Use and occupancy permits shall be granted or refused within 10 days
from the date of application. No application shall be granted or refused
until the Zoning Administrative Officer has inspected the premises.
Issuance of this permit by the Borough Official or employee designated
by the Zoning Administrative Officer shall be based in conformity
of the work to the requirements of this chapter and any other pertinent
ordinance.
(2)
Pending completion of a building or of alterations thereto, temporary
use and occupancy of the building, provided that such temporary occupancy
will not adversely affect the health, safety, and welfare of the public
or property, and providing further that a time limit for temporary
permits not exceeding six months shall be established.
(3)
In commercial and industrial districts in which performance standards
are imposed or when required by the Zoning Administrative Officer,
no use and occupancy permit shall become permanent until 60 days after
the facility is fully operating, when upon reinspection by the Zoning
Administrative Officer it is determined that the facility is in compliance
with all performance standards.
A.
An application for a conditional use shall be filed with the Borough
Council and shall include:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real estate to be affected
by the proposed conditional use application.
(3)
A description and location of the real estate on which the conditional
use is proposed.
(4)
A statement of the present zoning classification of the real
estate in question, the improvements thereon, and the present use
thereof.
(5)
A statement of the section of this chapter which authorizes
the conditional use.
(6)
An accurate description of the present improvements and the
additions intended to be made under the application for conditional
use, including the size or proposed improvements, material and general
construction features. The application shall be accompanied by a proposed
plan showing the size and location of the proposed use, the location
of all proposed buildings, all proposed facilities, including access
drives and parking areas, and dimensional features demonstrating compliance
with the applicable area, width, coverage, yard and design standards.
B.
The application for a conditional use shall be filed with the Secretary
of the Borough on such forms as may be prescribed for that purpose,
and shall be accompanied by the application fee, prescribed from time
to time, by the Borough Council. No application shall be received
for filing unless accompanied by the required filing fee. The Secretary
shall submit the application to the Borough Planning Commission within
five days of receipt, and the Planning Commission shall review the
application and make a recommendation to the Borough Council within
30 days thereafter.
C.
The Borough Council shall hold a public hearing on the conditional
use application in accordance with the following procedures:
(1)
Notice of the hearing shall be given to the public by publication
in newspaper of general circulation in the Borough at least twice,
the first such notice to be not less than 10 days prior to the date
of the scheduled hearing. Additionally, like notice thereof shall
be given to the applicant, the Zoning Administrative Officer, and
to any person who has made timely written request for same. Notice
of the hearing shall be conspicuously posted on the affected tract
of land. The Borough Council shall conduct its first hearing on the
application within 60 days from the date the application is filed
with the Borough Secretary.
(2)
The parties to the hearing shall be the municipality, any person
affected by the application who has made timely appearance of record
before the Borough Council and any other person, including civic or
community organizations, permitted to appear by the Council. The Council
shall have the power to require that all persons who wish to be considered
parties enter written appearances on forms provided by the Council
for that purpose.
(3)
The President or Acting President of the Council shall have
power to administer oaths and issue subpoenas or compel the attendance
of witnesses and the production of relevant documents and papers,
including witnesses and documents requested by the parties.
(4)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(5)
The Borough Council shall keep a stenographic record of the
proceedings and a transcript of the proceedings and copies of the
graphic or written material received in evidence shall be made available
to any party at cost.
(6)
The procedures set forth in § 250-109I and J relating
to initiation of hearings and decision/findings of the Zoning Hearing
Board shall apply to the governing body in consideration of conditional
use applications. Where the governing body fails to render the decision
within the period required therein or fails to commence, conduct or
complete the required hearing as provided in § 250-109I and J of this chapter, the decision shall be deemed to have been rendered
in favor of the applicant unless the applicant has agreed in writing
or on the record to an extension of time. When a decision has been
rendered in favor of the applicant because of the failure of the governing
body to meet or render a decision as hereinabove provided, the governing
body shall give public notice of the decision within 10 days from
the last date it could have met to render a decision in the same manner
as required by the public notice requirements of the Municipalities
Planning Code. If the governing body shall fail to provide such notice,
the applicant may do so.
(7)
A copy of the final decision shall be delivered to the applicant
and the parties before the Council personally or mailed to them not
later than the day following the date of the decision.
(8)
The Planning Commission shall be given an opportunity to review
the proposed conditional use and may submit an advisory recommendation
to the governing body. The governing body may rule on the case without
receiving a review by the Planning Commission if 45 days has passed
since the complete application was submitted to the Borough or when
a decision must be made to comply with time restrictions of this chapter
or the Municipalities Planning Code.
D.
In granting or denying a conditional use or establishing conditions
with reference to such grants, the Borough Council shall use as a
guide in evaluating a proposed conditional use, and may determine
to be mandatory, those standards established for review of special
exception applications by Section § 250-110J of this chapter.
The burden of establishing compliance with those enumerated standards
shall be upon the applicant by a fair preponderance of the credible
evidence. The standards required by this subsection shall be deemed
a part of the definitional aspect under which a conditional use may
be granted, and the failure of the applicant to establish his compliance
with all of the standards shall, in the discretion of the Board, be
deemed either a basis for the establishing of conditions or limitations
on an approval or the basis for a determination that the applicant
has not met the requirements for which a conditional use may be granted.
E.
Nothing in this section shall be construed to relieve the applicant
for a conditional use approval from obtaining other required approvals
mandated by Chapter 213, Subdivision and Land Development, or other
applicable ordinances.
F.
Appeals from a determination of the Board pursuant to any application
for conditional use shall be only as prescribed within such times
permitted by the applicable provisions of the Pennsylvania Municipalities
Planning Code.
G.
In granting an application for conditional use, the Zoning Hearing
Board may attach such additional reasonable conditions and safeguards
as it deems necessary and appropriate to insure compliance with the
provisions of this chapter and to protect the health, safety and general
welfare of the community.
The granting of any permit under this chapter by the Borough
or any of its designated officials or the use of land or structures
or the erection, alteration or extension of any structure or the approval
of any subdivision or land development plan, shall not constitute
a representation, guarantee, or warranty of any kind by the Borough
or any of its officials or employees as to any manner of injury resulting
from such use, erection, alterations or extension, and shall create
no liability upon, or a cause of action against such public body,
officials or employees for any damages or injury that may result pursuant
thereto.
The provisions of this chapter shall not apply to Stockertown
Borough nor to any building or land of the Borough or extension thereof,
or to the use of any premises by the Borough, nor shall its provisions
be construed to apply in any way to any building, lands or premises
owned or operated by the Borough.
The provisions of this article of this chapter are intended
to parallel the Pennsylvania Municipalities Planning Code and said
provisions are amended as the MPC is amended.
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