1. The governing body in the Borough shall appoint a Zoning Officer, whose duty is to enforce this Chapter through the citation of violations of which the Officer has discovered or been notified of; and to review and issue the required zoning permits based on the requirements of this Chapter. The Zoning Officer can delegate authorities within this Chapter upon approval of the Borough.
2. A zoning permit shall be required for all proposed principal structures and proposed additions to principal structures, including collocations on telecommunications towers, within the Borough. The permit application shall include the following:
1. Name, address, signature, and contact information of the landowner, and of the applicant if different from the landowner.
2. A copy of a survey of the parcel, on which the structure is proposed, denoting the location of the proposed structure and the distances from the abutting lot lines from which the structure is proposed. The survey shall also delineate existing principal and accessory structures located on the same parcel. The delineation of the required structures may be applied by the applicant and need not be drawn by a registered surveyor. However, the adherence to the aforementioned dimensions and delineations as presented by the applicant, once approved by the Zoning Officer, shall constitute a condition of approval.
3. Drawings adequate to show the height of the structure.
4. Where the construction of the proposed structures constitutes a land development, as defined by the local ordinance, the applicant shall submit necessary evidence demonstrating the adherence of the proposed activity to the land development as approved.
5. A brief description of the proposed use of the structure.
3. A zoning permit shall be required for all proposed accessory buildings or structures or additions thereto within the Borough. The permit application shall include the following:
1. Name, address, signature, and contact information of the landowner, and of the applicant if different from the landowner.
2. A copy of a survey of the parcel, on which the structure is proposed, denoting the location of the proposed structure and the distances from the abutting lot lines from which the structure is proposed. The survey shall also delineate existing principal and accessory structures located on the same parcel. The delineation of the required structures may be applied by the applicant and need not be drawn by a registered surveyor. However, the adherence to the aforementioned dimensions and delineations as presented by the applicant, once approved by the Zoning Officer, shall constitute a condition of approval.
3. Drawings adequate to show the height of the building.
4. Where the construction of the proposed structures constitutes a land development, as defined by local ordinance, the applicant shall submit necessary evidence demonstrating the adherence of the proposed activity to the land development as approved.
5. A brief description of the proposed use of the structure.
4. A zoning permit shall be required for a home occupation as defined in this Chapter. The permit application shall include the following:
1. Name, address, signature, and contact information of the landowner, and of the applicant if different from the landowner.
2. A sufficient description of the use, the square footage to be occupied by the use, the number of employees who do not reside within the principal residence, the average number of daily customers and trips expected and the number of parking spaces provided.
5. A zoning permit for nonresidential occupancy shall be required when a change of the principal use or tenancy of a property is proposed, where a nonresidential principle use is proposed, and for all nonresidential accessory uses excluding storage. The permit application shall include the following:
1. Name, address, signature, and contact information of the landowner, and of the applicant if different from the landowner.
2. A sufficient description of the use, the square footage to be occupied by the use including storage and non-storage areas, and the number of parking spaces provided.
6. A zoning permit shall be required for forestry activities, which shall be treated as a use permitted and defined herein. A condition of approval of forestry permits shall be interpreted to include compliance with the permit as determined by intermittent inspections and a final inspection conducted by the Zoning Officer. Failure to comply with submitted and approved plans, as well as the requirements of the Conservation District shall result in the issuance of an enforcement notice and the suspension of forestry activity.
1. Name, address, signature, and contact information of the landowner, and of the applicant if different from the landowner.
2. A survey of the property. The applicant shall delineate areas where forestry activities are proposed, access to said areas, and sedimentation controls.
3. Evidence of review, comments, and concurrence from the Allegheny County Conservation District.
7. A zoning permit shall be issued for all wall, projected, and ground signs placed on properties containing nonresidential uses and associated with a nonresidential use (including home occupations); and shall be required for signs placed on all vacant properties, where authorized by this Chapter. Permits shall not be required for the replacement of a sign face where the association of the sign is already associated with a nonresidential use and the square footage does not change. The permit application shall include the following:
1. Name, address, signature, and contact information of the landowner, and of the applicant if different from the landowner.
2. A copy of a survey of the parcel, on which a ground sign is proposed, denoting the location of the proposed sign and the distances from the abutting lot lines from which the structure is proposed. The survey shall also delineate the locations of other ground signs on the same property. The delineation of the required structures may be applied by the applicant and need not be drawn by a registered surveyor. However, the adherence to the aforementioned dimensions and delineations as presented by the applicant, once approved by the Zoning Officer, shall constitute a condition of approval.
3. The square footage of signage, itemized by each sign type, existing on a property, or associated with a particular establishment, which currently exists.
4. The square footage and height of the proposed sign.
5. Details of any proposed illumination of the sign.
8. A zoning permit shall be required for transient retail businesses. Said permit shall be effective for 30 consecutive days. Applicants may reapply to have the permit reissued thereafter. The permit application shall include the following:
1. Name, address, signature, and contact information of the landowner or owners on which the business proposes to operate.
2. Name, address, signature, and contact information of the operator of the transient retail business.
3. A description of the business.
4. The fee as required by the Borough’s fee schedule.
9. The preceding zoning permit requirements shall not be construed as building permits as regulated and defined by Act 45, the Uniform Construction Code [Chapter 5, Part1].
10. Where a violation of this Chapter has been discovered or reported, the Zoning Officer, after inspecting and confirming the nature and existing of said violation(s) shall issue an enforcement notice which shall be sent 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. In any appeal of an enforcement notice to the Zoning Hearing Board the governing body shall have the responsibility of presenting its evidence first. Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Borough if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party’s favor. The enforcement notice shall state at least the following:
1. The name of the owner of record and any other person against whom the municipality intends to take action.
2. The location of the property in violation.
3. The specific violation with a description of the requirements that have not been met, citing in each instance the applicable provisions of this Chapter.
4. The date before which the steps for compliance must be commenced and the date before which the steps must be completed, which shall be 30 days from the issuance of the notice.
5. That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed reasonable period of time in accordance with procedures set forth in the this Chapter.
6. That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions as described in § 27-1101.11.
11. Enforcement Remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the governing body, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by a municipality 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 district justice. If the defendant neither pays nor timely appeals the judgment, the governing body 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 district justice 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 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 fees collected for the violation of zoning ordinances shall be paid over to the Borough.
(Ord. 935, 5/10/2018, §27-1101)