(A) Applicability.
(1) Generally. Any of the following activities or any other activity regulated by this chapter shall only be carried out in conformity with this chapter:
(a) Erection, construction, movement, placement or extension of a structure, building or sign;
(b) Change of the type of use or expansion of the use of a structure or area of land;
(c) Creation of a lot or alteration of lot lines; and/or
(d) Creation of a new use.
(2) Zoning permit. A zoning permit indicates that a zoning application complies with this chapter to the best knowledge of the applicable township staff.
(a) A zoning permit is required to be issued prior to the start of any of the following activities:
1. Erection, construction, movement, placement, relocation or expansion of a structure, building or sign;
2. Change of the type of use or expansion of the use of a structure or area of land;
3. Creation of a new use;
4. Demolition of a building, or partial demolition of the exterior of a building;
5. Site alterations or mineral extraction as defined by § 155.051;
6. Excavation or grading in preparation for the construction of a building or a change in use of a property; and/or
7. Construction or installation of any animal waste impoundment, lake, pond, dam or other water retention basin.
(b) The township may, at its option, issue combined or separate building permits and zoning permits and/or may utilize single or separate applications for the permits.
(3) Certificate of use.
(a) It shall be unlawful to use and/or occupy any new principal nonresidential building or establish any new principal nonresidential use until a certificate of use for such building or use has been issued by the township staff. (Note: a certificate of occupancy may also be required in additional situations under the construction codes, and the township may at its option combine a certificate of use with a certificate of occupancy.)
(b) The Zoning Officer may require that the issuance of the certificate of use be delayed if the Zoning Officer believes that the activity, structure or use is not in compliance with this chapter and associated zoning approvals, until such time as compliance is achieved.
(c) Upon the request of an applicant, the Zoning Officer may in writing allow a temporary occupancy or activity to occur before all zoning requirements have been met where the following conditions are met:
1. The applicant shall prove to the township that the activity or occupancy can occur safely without endangering public health or safety;
2. The temporary approval shall establish in writing a maximum time period under which it is valid. A six month maximum time period shall apply if not otherwise specified;
3. Failure to receive a permanent certificate of use within such time period shall be a violation of this chapter;
4. The temporary approval may be conditioned upon compliance with certain specific requirements within certain time periods; and
5. See division (G) below.
(B) Repairs and maintenance. Ordinary repairs and maintenance to existing structures that do not involve an expansion or change of a use or structure shall not by itself be regulated by this chapter. Examples of such work include replacement of a roof or porch that does not involve enclosure of space. (However, a construction permit under any Township Building Code may be needed for such work.)
(C) Types of uses.
(1) Permitted by right uses. The Zoning Officer shall issue a permit under this chapter in response to an application for a use that is “permitted by right” if it meets all of the requirements of this chapter.
(2) Special exception use or application requiring a variance. A permit under this chapter for a use requiring a special exception or variance shall be issued by the Zoning Officer only in response to a written approval by the Zoning Hearing Board following a hearing.
(D) Applications.
(1) Submittal. All applications for a zoning permit or a decision by the Zoning Hearing Board shall be made in writing on a form provided by the township. Such completed application, with required fees, shall be submitted to a designated township staff person.
(2) Site plan. The applicant shall submit a minimum of two copies of a site plan with the application if the application involves a new building, expansion of a building or addition of three or more parking spaces. The site plan shall be drawn to scale and show the following:
(a) Locations, dimensions and uses of existing and proposed structures, parking and loading areas, and locations of existing and proposed uses of areas of land, with existing features clearly distinguished from proposed features;
(b) Notes showing the dimensions of all buildings from lot lines and street rights-of-way;
(c) Locations of any watercourses and any 100-year floodplain;
(d) Proposed lot areas, lot widths and other applicable dimensional requirements;
(e) Locations and widths of existing and proposed sidewalks;
(f) A north arrow and scale; and
(g) Well and primary and alternate septic system locations, if applicable.
(3) Additional information. Any application under this chapter shall include the following information, unless the Zoning Officer determines such information is unnecessary to determine compliance with this chapter:
(a) The address of the lot;
(b) Name and address of the applicant, and of the owner of the property if different from the applicant;
(c) If the applicant is not the landowner of record, information shall be presented with the application, such as an agreement of sale or lease, to demonstrate that the applicant has the legal right to make the application;
(d) A current deed for the property;
(e) A description of the existing and proposed use(s) of the property, with the proposed use described in sufficient detail for the Zoning Officer to determine compliance with this chapter;
(f) All other applicable information listed on the official township application form;
(g) If the applicant is incorporated, the legal names and day telephone numbers of officers of the organization/corporation;
(h) Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter; and
(i) A listing of all special exception approvals and/or variances which the applicant is requesting and/or a description with a date of any such approvals that were previously granted for this property that relate to this application.
(4) Submittals to the Board. In addition to the information listed in division (D)(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a) The present zoning district and major applicable lot requirements;
(b) For a nonresidential use:
1. A description of the proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards; and
2. A list of the maximum hours of operation.
(c) The existing directions of stormwater flow (and any proposed revisions), and any proposed methods of stormwater management;
(d) A listing of any sections of this chapter being appealed, with the reasons for any appeal;
(e) Approximate locations of principal buildings and locations of streets and alleys and zoning district boundaries within 100 feet of the boundaries of the tract, and description of uses of adjoining properties (such as “drug store” or “single-family detached dwelling”);
(f) Heights, locations, methods of illumination and intensity of exterior lighting and sign lighting;
(g) Name and address of person who prepared the site plan;
(h) Signed acknowledgment of the application by the applicant; and
(i) Such additional information required under applicable sections of this chapter.
(5) Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application. (See definition of “landowner” in § 155.051.)
(E) Issuance of permits.
(1) Generally. At least one copy of each permit application and any other zoning approval shall be retained in township files.
(2) PennDOT permit. Where necessary for access onto a state road, a township zoning or building permit shall be automatically conditioned upon issuance of a PennDOT highway occupancy permit.
(F) Revocation of permits; appeal of permit or approval.
(1) Revocation. The Zoning Officer shall revoke, withhold or suspend a permit or approval issued under the provisions of the zoning chapter in case of one or more of the following:
(a) Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based; (Note: the State Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his or her duties.)
(b) Upon violation of any condition lawfully imposed by the Zoning Hearing Board upon a special exception use or variance;
(c) Any work being accomplished or use of land or structures in such a way that does not comply with this chapter or an approved site plan or approved permit application; and/or
(d) For any other just cause set forth in this chapter.
(2) Appeals. A party with legitimate standing, or as otherwise provided by state law, may appeal decisions under this chapter within the provisions of the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. Any such appeal shall occur within the time period established in the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. (as of the adoption date of this chapter, such provisions were in §§ 914.1 (53 P.S. §§ 10914.1) and 1002-A (53 P.S. §§ 11102-A).
(G) Zoning permit for temporary uses and structures.
(1) Generally. A zoning permit for a temporary use or structure may be issued by the Zoning Officer for any of the following:
(a) A temporary permit may be issued for customary, routine and accessory short-term special events, provided that:
1. Only a well-established nonprofit organization or a permitted place of worship proposing a temporary use to clearly primarily serve a charitable, public service or religious purpose shall be eligible to receive approval for commercial-type activities in a district where a commercial use would not otherwise be permitted;
2. Such total events shall be limited to a maximum of ten total days per calendar year; and
3. The applicant shall prove to the Zoning Officer that sufficient parking and traffic control will be available for the special event, without obstructing parking that is required to serve other uses on the site.
(b) A temporary permit may be issued for temporary storage and office trailers that are necessary to serve on-site construction, while such construction is actively underway under a valid township permit.
(c) In addition, Christmas tree sales shall be allowed by right in all districts during the months of November and December.
(2) Time period. The Zoning Officer shall state a reasonable maximum time period on the temporary permit. If no time limit is stated, then a seven-day maximum period shall apply. A temporary permit may be renewed for just cause.
(3) Temporary retail sales.
(a) Except as provided for in division (G)(1)(a) above, and except for allowed accessory agricultural sales, a lot shall only be used for temporary retail sales if all of the following conditions are met.
1. The property shall be located within a zoning district that allows retail sales.
2. The operator shall have received any business permits required by the township.
3. No off-street parking spaces shall be obstructed that are required to serve permanent uses on the lot.
4. Any signs visible from a public street shall comply with this chapter.
5. If food or beverages are sold that are not pre-packaged, the applicant shall prove compliance with state health regulations, including having on-site facilities for workers to wash their hands. Proper bathroom facilities shall also be available for workers.
6. Any structure shall meet applicable minimum setbacks.
7. A permit under this chapter shall be required from the township, which shall be displayed while the activity is open for business.
8. The application may be rejected if the Zoning Officer has reason to believe that the activity would obstruct safe sight distances.
(b) See also regulations on tents and membrane structures in the International Fire Code, which is in effect in the township.
(H) Compliance with township subdivision and land development ordinance.
(1) If a application under this chapter would also be regulated by the township subdivision and land development ordinance (“SALDO”), then any permit or approval under this zoning chapter shall automatically be conditioned upon compliance with the SALDO. See the definitions of “land development” and “subdivision” in the SALDO (§ 154.031 of this code of ordinances).
(2) For example, if an applicant applies for a single-family detached dwelling on a proposed new lot, the construction permit for such dwelling shall not be valid until after the lot is granted final subdivision approval and the lot is officially recorded by the County Recorder of Deeds.
(Ord. 126, passed 3-18-2010) Penalty, see § 155.999