Article 5

ARTICLE 5

ENFORCEMENT

 

5.0                   General

This Article stipulates the procedures to be followed in obtaining permits, certificates and other legal or administrative approval under this Resolution.


5.1                   Zoning Permits Required    

No building or other structure shall be erected, moved, added to, structurally altered nor shall any building, structure or land be established or changed in use without a permit therefore, issued by the Zoning Inspector.  Zoning permits shall be issued only in conformity with the provisions of this Resolution unless the Zoning Inspector receives a written order from the Board of Zoning Appeals deciding on appeal, conditional use or variance or from the Board of Township Trustees approving a Planned Unit Development District, as provided by this Resolution.


5.2                   Contents of Application for Zoning Permit    

The application for zoning permit shall be made in writing and be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application.  Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one (1) year or substantially completed within two and one-half (2 ½) years.  At a minimum, the application shall contain the following information and be accompanied by all required fees:

  1. Name, address and phone number of applicant;
  2. Legal description of property;
  3. Existing use;
  4. Proposed use;
  5. Zoning district;
  6. Plans in triplicate drawn to scale, showing the actual dimensions and the shape of the lot to be built upon;  the exact size and location of existing buildings on the lot, if any;  and the location and dimensions of the proposed building(s) or alteration;
  7. Building heights;
  8. Number of off street parking spaces or loading berths and their layout;
  9. Location and design of access drives;
  10. Number of dwelling units;
  11. If applicable, application for a sign permit or a conditional, special or temporary use permit, unless previously submitted;
  12. Building elevation and drainage plan.

 


5.3                   Approval of Zoning Permit

Within thirty (30) days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Resolution.  All zoning permits shall, however, be conditional upon the commencement of work within one year.  One copy of the plans shall be returned to the applicant by the Zoning Inspector, after the Zoning Inspector shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy.  One copy of plans, similarly marked shall be retained by the Zoning Inspector.  The Zoning Inspector shall issue a placard to be posted in a conspicuous place on the property in conformance with the provisions of this Resolution.


5.4                   Submission to Director of Transportation

Before any zoning permit is issued affecting any land within three hundred (300) feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials be the Director of Transportation or any land within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall give notice, by registered mail, to the Director of Transportation that he shall not issue a zoning permit for one hundred twenty (120) days from the date the notice is received by the Director of Transportation.  If the Director of Transportation notifies the Zoning Inspector that he shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit.  If the Director of Transportation notifies the Zoning Inspector that acquisition at this time is not in the one hundred twenty (120) day period or of any extension thereof agreed upon by the Director of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provisions of this Resolution, issue the zoning permit.


5.5                   Expiration of Zoning Permit   

If the work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire;  it shall be revoked by the Zoning Inspector;  and written notice thereof shall be given to the persons affected.  If the work described in any zoning permit has not been substantially completed within two and one half (2 ½) years of the date of issuance thereof, said permit shall expire and be revoked by the Zoning Inspector and written notice thereof shall be given to the persons described in the canceled permit shall not proceed unless and until a new zoning permit has been obtained or an extension granted.


5.6                   Record of Zoning Permits

The Zoning Inspector shall maintain a record of all zoning permits and copies shall be furnished, upon request and upon payment of the established fee, to any person.


5.7                   Failure to Obtain Zoning Permit

Failure to obtain a zoning permit shall be a punishable violation of this Resolution.


5.8                   Construction and Use to be as Provided as Applications, Plans and Permits   

Zoning permits issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction.  Use, arrangement of construction contrary to that authorized, shall be deemed a punishable violation of this Resolution.


5.9                   Complaints Regarding Violations  

Whenever a violation of this Resolution 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 Inspector.  The Zoning Inspector shall record properly such complaint, immediately investigate it and take action thereon as provided by this Resolution.


5.10                Entry and Inspection of Property   

The Zoning Inspector is authorized to make inspections of properties and structures in order to examine and survey enforcing the provisions of this ResolutionPrior to seeking entry to any property or structure for such examination or survey, the Zoning Inspector shall attempt to obtain the permission of the owner or occupant to inspect.  If such permission is denied or cannot be obtained, the Zoning Inspector shall request the assistance of the County Prosecutor in securing a valid search warrant prior to entry.


5.11                Stop Work Order   

Subsequent to his determination that work is being done contrary to this Resolution, the Zoning Inspector shall write a stop work order and post it on the premises involved.  Removal of a stop work order, except by the order of the Zoning Inspector, shall constitute a punishable violation of this Resolution.


5.12                Zoning Permit Revocation  

The Zoning Inspector may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this Resolution or based upon false information or misrepresentation in the application.


5.13                Notice of Violation  

Whenever the Zoning Inspector or his agent determines that there is a violation of any provision of this Resolution, a warning tag shall be issued and shall serve as a notice of violation.  Such order shall:

  1. Be in writing;
  2. Identify the violation;
  3. Include a statement of the reason or reasons why it is being issued and refer to the sections of this Resolution being violated;  and
  4. State the time by which the violation shall be corrected.

 

Service of notice of violation shall be as follows:

  1. By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person of suitable age and discretion;  or
  2. By certified mail deposited in the United States Post Office addressed to the person or persons responsible at a last known address.  If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Zoning Inspector.  Service shall be deemed complete when the fact of mailing is entered of record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure or delivery;  or
  3. By posting a copy of the notice form in a conspicuous place on the premises found in violation.

 


5.14                Ticketing Procedure   

If, upon re-inspection following the issuance of a notice of violation, the condition has not been corrected, the person or persons responsible shall be issued a ticket.  Such ticket shall:

  1. Be served personally;
  2. Be in writing;
  3. Identify the violation;
  4. State the time, date and place for appearance in court;  and
  5. State the amount of the fine payable in lieu of a court appearance.

 

If the ticket cannot be served personally, the Zoning Inspector shall request that a summons be issued by the Court.


5.15                Penalties and Fines  

It shall be unlawful to erect, establish, locate, construct, reconstruct, enlarge, change, convert, move, repair, maintain or structurally alter any building, structure or land in violation of any provision of this Resolution or any amendment thereto.  Any person, firm or corporation who violates this Resolution or fails to comply with any of the requirements shall upon conviction thereof be fined not more than one hundred (100) dollars and in addition shall pay all costs and expenses involved in the case.  Each day such violation continues after receipt of a violation notice shall be considered a separate offense.  The owner or tenant of any building structure, premises or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.


5.16                Additional Remedies   

Nothing in this Resolution shall be deemed to abolish, impair or prevent other additional remedies as provided by law.  In the event of a violation of any provision or requirement of this Resolution, or in the case of an imminent threat of such a violation, the Zoning Inspector, the Prosecuting Attorney or the owner of any neighboring property who would be especially damaged by such violation, may, in addition to other recourse provided by law, institute mandamus, injunction, abatement or other appropriate actions to prevent, remove, abate, enjoin or terminate such violation.