Article 1310
ADMINISTRATION, ENFORCEMENT AND APPEALS
Sections:
1310.02 Duties of the zoning administrator.
1310.03 Building and zoning permits.
1310.06 Variances, special exceptions and conditional uses.
1310.01 Zoning administrator.
The City of Meadville shall appoint the zoning administrator who shall administer and enforce the provisions of this code, and shall do so in accordance with the provisions of this code and of the Pennsylvania Municipalities Planning Code. The zoning administrator shall also have the duties as set forth by this code. The zoning administrator shall not hold any elective office in the city. (Ord. 3384 § 2, 1994)
1310.02 Duties of the zoning administrator.
The zoning administrator shall administer this code 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 code. The administrator shall be considered as qualified to perform his/her duties by meeting the qualifications established by the city. In addition, the zoning administrator’s duties, obligations and responsibilities include the following:
(A) Application for Building/Zoning Permits. The zoning administrator shall receive applications for building and zoning permits. A building and zoning permit is an application filed prior to the start of construction/development by a developer to describe the proposed activity in sufficient detail to determine whether or not it meets the requirements of this and other applicable city ordinances and regulations. The zoning administrator shall consult with other city officials responsible for administering and enforcing other applicable regulations, including but not limited to building code officials. Applications conforming to this code shall be approved; those not conforming to this code shall be denied.
(B) Inspections. The zoning administrator or a duly appointed assistant may examine, or cause to be examined, all structures and/or land for which an application for a building and zoning permit or a zoning permit has been requested. Such inspections may be made from time to time during construction and shall be made upon the termination of construction.
(C) Appeals. The zoning administrator shall receive all applications for conditional uses, special exceptions and variances and forward same to the appropriate body.
(D) Enforcement. The zoning administrator is authorized to institute civil enforcement proceedings as a means of enforcing this code. (Ord. 3384 § 2, 1994)
1310.03 Building and zoning permits.
(A) Permit Required. A building and zoning permit shall be required for and prior to:
(1) Construction, erection, movement, alteration or enlargement of a building or structure.
(2) Placement of a mobile home.
(3) Change in use of any building or structure.
(4) Use and development of land or change in the use, except the placing of vacant land under cultivation.
(5) Change in use or extension of a nonconforming use.
(6) Construction or alteration of a driveway or lawful service driveway.
(B) Permits Not Required. Building and zoning permits are not required for:
(1) Sidewalks, terraces, patios, flag poles, dog houses, and lawn and recreational equipment (such as swings, playhouses, benches, picnic tables and ornamental objects).
(2) Minor repairs to existing buildings or structures including minor alterations to the interiors of buildings and alterations involving exterior siding and roofing which do not affect the external form and size of a building, consistent with the permit exceptions of the city’s various building codes.
(C) Application for Permit. All applications for building and zoning permits shall be made, in writing, on a form furnished by the city and shall include a dated plot plan drawn as accurately as possible. This plan shall be scaled to a reasonable level of accuracy. The following information shall be provided:
(1) Name, address and phone number of applicant and the landowner or landowners, and relationship of applicant to landowner.
(2) Description of property, including geographic orientation.
(3) Existing use of property.
(4) Proposed use of property.
(5) Zoning district.
(6) Description of work contemplated.
(7) Estimated cost.
(8) Actual dimensions of the lot and dimensions and location of buildings or proposed additions (including such things as floor area, number of floors or stories, height, and other dimensions).
(9) Existing and proposed setbacks.
(10) Existing and proposed percent of lot coverage.
(11) Location of all buildings and structures on abutting land within 50 feet of the lot line.
(12) Location of road access, curb cuts, and location and number of parking spaces and loading facilities, if applicable.
(13) The number of dwelling units, if applicable.
(14) Existing and proposed screening or buffering, including materials or plant types.
(15) A statement that the applicant is the owner of the lot or a copy of a written agreement between the owner and the applicant to permit the proposed construction.
(16) A statement regarding other permits required and whether they have been obtained.
(17) All other information necessary for the zoning administrator to determine compliance with this code and all other pertinent ordinances.
(D) Issuance of Permits.
(1) No building and zoning permit shall be issued until the applicant has established that the proposed work or use will be undertaken in conformity with the requirements of this and all other applicable federal, state and local laws and regulations, including, but not limited to, the subdivision and land development regulations, any and all city building codes, Pennsylvania Sewage Facilities and Clean Streams Acts, Pennsylvania Dam Safety and Encroachments Act, Pennsylvania Fire and Panic Act, and that all other permits required have been, or will be, issued under these laws or regulations.
(2) Within 15 days after receipt of the application, the zoning administrator shall issue or deny the permit or issue a written request for additional information required in order to determine whether a permit should be issued.
(3) No permit shall be issued unless all required fees have been paid.
(4) If, 90 days after receipt of the application, sufficient information has not been received to determine whether the permit should be issued, the application shall be denied unless the zoning administrator finds there is good cause for allowing additional time for consideration of the application and grants a written extension of time.
(E) Expiration of Permit. If work described in the permit application has not begun within one year from the date of issuance, the permit shall expire. (Ord. 3618 § 21, 2005; Ord. 3578 § 27, 2001; Ord. 3384 § 2, 1994)
1310.04 Sign permit.
A sign permit shall be required prior to the erection or alteration of any sign, except those signs specifically exempted from this requirement by this code.
(A) Application for a sign permit shall be made, in writing, to the zoning administrator, and shall contain all information necessary for such administrator to determine whether the proposed sign, or the proposed alterations, conform to all the requirements of this code.
(B) No sign permit shall be issued except in conformity with the regulations of this code, except after written order from the zoning hearing board or the courts.
(C) All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale, showing the following:
(1) Dimensions of lot or building upon which the sign is proposed to be erected.
(2) Exact size, dimensions and location of the said sign on lot or building.
(3) Any other lawful information which may be required by the zoning administrator. (Ord. 3384 § 2, 1994)
1310.05 Fees.
Fees for building and zoning permits and sign permits, applications for special exceptions, variance and conditional use, appeal proceedings before the zoning hearing board or city council, and other matters of zoning administration shall be established in accordance with the Pennsylvania Municipalities Planning Code and other governing law and be adopted by resolution of the city council. These fees shall be set forth in a schedule of fees which shall be posted and made available to the public. The applicable fees shall be paid to the zoning administrator at the time of application, appeal or such other time as the zoning administrator may direct. Action on applications or appeals may be withheld if fees have not been paid in full. (Ord. 3384 § 2, 1994)
1310.06 Variances, special exceptions and conditional uses.
(A) Uses permitted by special exception and variance are only permitted when approved by the zoning hearing board in accordance with the criteria set forth in this code and as required by law, after public hearing pursuant to public notice, and in accordance with the requirements of the Pennsylvania Municipalities Planning Code.
(B) Uses permitted by conditional use are only permitted when approved by the city council in accordance with the criteria set forth in this code and as required by law, after public hearing pursuant to public notice, and in accordance with the requirements of the Pennsylvania Municipalities Planning Code.
(C) Applications. Requests for variance, special exception or conditional use shall be first presented to the zoning administrator for review by filing an application containing the information required by MMC 1310.03, with the zoning administrator who shall determine whether a variance, special exception or conditional use is necessary.
(D) Standards for Variance. A variance may be granted where the provisions of the code inflict unnecessary hardship and all the following findings are made, where relevant, in a given case:
(1) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the zoning code in the neighborhood or district in which the property is located.
(2) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3) That such unnecessary hardship has not been created by the appellant.
(4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(E) Standards for Special Exception. Special exceptions shall be granted where the following findings are made:
(1) The use is permitted as a special exception under the terms of this code.
(2) The specific criteria, if any, for allowing the use by special exception will be met.
(3) The use, if permitted, will be consistent with the community and development objectives and plans, and suitable to the tract with respect to matters such as highway access, availability of utilities and services, traffic impact, economic impact and impact on the neighborhood.
(4) It has not been established that the use for which the permit is sought would be injurious to the neighborhood or otherwise detrimental to the public health, safety and welfare, that the proposed use would create unreasonable traffic congestion, traffic hazards, fire hazards, water hazards, sanitary, or other health hazards, or that the proposed use would unreasonably interfere with or impair the supply of adequate and safe light, water, or air, the availability of adequate drainage or sewage or refuse facilities, or other utilities, or otherwise impose an undue threat to the health and safety of adjoining property owners.
(F) Standards for Conditional Use. A conditional use permit shall be granted where the following findings are made:
(1) The use is permitted as a conditional use under the terms of the code.
(2) The specific criteria, if any, for allowing a conditional use will be met.
(3) The use conforms with the community and economic development objectives, would be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance and function with the existing or intended character of the general area in which the use is located, and would not be hazardous, disturbing, or detrimental to existing or future neighboring uses, physically, environmentally, socially or economically.
(4) The use will be adequately served by public facilities and services such as highways, police and fire protection, drainage systems, refuse disposal, water and sewers, and schools, and that the persons or agencies responsible for the establishment of the proposed use shall be able to provide additional or supplementary public facilities and services should their need be demonstrated.
(5) The use will not involve activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive traffic, noise, vibrations, smoke, dust, fumes, electrical disturbance, glare or odors; undue pollution of or danger to the air or water by dust, dirt, fumes, smoke, odor, radioactivity or other polluting substances.
(6) The use will cause no emissions and/or discharges into the air or water which do not meet governmental standards.
(7) The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance and significance.
(8) The use will provide through maintenance of setbacks and screening by plantings, fences or other landscape features an effective buffer to block unsightly views and noise from adjacent properties and public roadways.
(G) Conditions. The zoning hearing board may approve variances and special exceptions and the city council may approve conditional uses subject to reasonable and appropriate conditions.
(H) Expiration of Special Exceptions, Variances and Conditional Uses. The validity of a special exception variance or conditional use permit shall not exceed one year from the date of authorization and shall expire if the applicant has failed to obtain other appropriate permits, and commence work or use as planned and approved within one year. (Ord. 3384 § 2, 1994)
1310.07 Violations.
(A) Enforcement Notice. When it appears to the city and/or the zoning administrator that a violation has occurred, the zoning administrator shall send an enforcement notice. The enforcement notice 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 the parcel, and to any other person requested, in writing, by the owner of record. The enforcement notice shall state the following:
(1) The name of the owner of record and any other person against whom the city intends to take action.
(2) The location of the property in violation.
(3) The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the code.
(4) The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5) That the recipient of the notice has the right to appeal to the zoning hearing board within a prescribed period of time in accordance with procedures set forth in this code.
(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 clearly described. (Ord. 3384 § 2, 1994)
1310.08 Causes of action.
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 code, the city, the zoning administrator of the city, or any aggrieved owner or tenant of real property who shows that his 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 city at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Meadville city council. No such action may be maintained until such notice has been given. (Ord. 3384 § 2, 1994)
1310.09 Enforcement remedies.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this zoning code shall, upon being found liable therefor in a civil enforcement proceeding commenced by the city, pay a judgment of not more than $500.00 plus all court costs, including reasonable attorney fees incurred by the city 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 city 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 code 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 city. Nothing contained in this section shall be construed or interpreted to grant any person or entity other than the city and its zoning administrator the right to commence any action for enforcement pursuant to this section. (Ord. 3384 § 2, 1994)