Dingman Township
                           Pike County, PA        

 


                       

Zoning Ordinance

Legal Notice:  While every attempt has been made to be as accurate as possible, the material found on these pages represents an unofficial copy of the Dingman Township Zoning Ordinance.  When in conflict, the original signed official documents kept in the Township Building shall prevail.  Persons relying on this version shall do so at their own risk.


 

Article VII - Administration

 

Table of Contents

Article I - General Provisions

Article II - Definitions

Article III - District Regulations

Article IV - Supplemental Regulations

Article V - Signs

Article VI - Off-Street Parking, Loading and Unloading Requirements

Article VII - Administration

Section 701 - Zoning Officer

Section 702 - Permits

Section 703 - Fees

Section 704 - Inspections

Section 705 - Certificate of Use

Section 706 - Violations

Section 707 - Penalties and Remedies

Section 708 - Zoning Hearing Board

Section 709 - Appeals

Section 710 - Variances

Section 711 - Amendments

Section 712 - Validity

Article VIII - Enactment

Zoning Map


 Zoning Ordinance

Article VII - Administration

Legal Notice:  While every attempt has been made to be as accurate as possible, the material found on these pages represents an unofficial copy of the Dingman Township Zoning Ordinance.  When in conflict, the original signed official documents kept in the Township Building shall prevail.  Persons relying on this version shall do so at their own risk.

Article VII  -  ADMINISTRATION

Section 701 - Zoning Officer

It shall be the duty of a Zoning Officer, to be appointed by the Township Board of Supervisors, to enforce the provisions of this Ordinance. The Zoning Officer shall examine all applications for permits, issue permits for construction and uses which are in accordance with the requirements of this Ordinance, record and file all applications for permits with accompanying plans and documents and make such reports as the Township Supervisors may require. Permits for construction and uses which are conditional uses shall be issued only upon written order of the Planning Commission and the Township Supervisors. Permits for construction and uses which are a special exception or a variance to requirements of this Ordinance shall be issued only upon written order of the Zoning Hearing Board.

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Section 702 - Permits

702.1  Requirements of Permits  -  A building and/or zoning permit shall be required prior to the erection, addition, or alteration of any building or portion thereof; prior to the use or change in use of a building or land; and prior to the change or extension of a non-conforming use. It shall be unlawful for any person to commence work for the erection or alteration of any building or for a change in land use, until a permit has been duly issued therefore. No Zoning Permit shall be required in cases of normal maintenance activities, minor repairs and alterations which do not structurally change a building or structure.

702.2  Applications for Permits  -  All applications for permits shall be signed by the property owner and by any tenant or other occupant of the property who may be the actual applicant and shall be accompanied by plot sketch drawn to show the actual shape and dimensions of the lot to be built upon, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of building, the number of families or dwelling units the building is designed to accommodate, the areas of existing and proposed earth disturbance activity, a copy of the recorded deed showing the current record title owner and such information as may be necessary to determine compliance with this Ordinance and all other pertinent ordinances. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied. Applications for uses which also necessitate approvals under the Dingman Township Subdivision Ordinance shall be processed in the manner provided for plot approval under that Ordinance. Such applications shall also contain all  information or data normally required for a submission under the Subdivision Ordinance. A Zoning Permit shall not be issued until the proposed use has been granted a Preliminary Approval under the Subdivision Ordinance.

For all all commercial uses and all lots less than one (1) acre in size the site plan set forth above shall be a survey drawn by a PA registered surveyor certified to the current owner, except, however, those applications in which the entire proposed project involves no new uses and no construction that involves areas of the lot beyond the footprint of any existing structures shall not require a survey.

All site plans larger than 11"x17" shall be submitted in duplicate.  Applications determined to be Conditional Uses or Special Exceptions may require additional plan copies following said determination.

For all applications filed on behalf of a Partnership or Corporation, a completed and notarized Certificate of Incumbency must be submitted on a form prepared and provided by the Township.

702.3  Issuance of Permits -  No permit shall be issued until the Zoning Officer has certified that the proposed building, addition or alteration complies with all the provisions of this Ordinance as well as with all provisions of other applicable regulations. A permit issued hereunder, including any permit issued for a conditional use or special exception, shall become void twelve (12) months after the issuance date.

702.4  Temporary Permit - A temporary permit may be authorized by the Board of Supervisors for non-conforming structure or use which it deems necessary to promote the proper development of the community, provided that such non-conforming structure or use shall be completely removed upon expiration of the permit for a specified period of time not to exceed one (1) year and may be renewed annually for an aggregate period not exceeding three (3) years.

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Section 703 - Fees

1.  The Board of Supervisors shall establish a uniform schedule of fees, charges and expenses, as well as a collection procedure for application fees and other costs and fees for zoning permits, special permits, variances and other matters pertaining to this Ordinance. Said schedule of fees shall be posted in the office of the Zoning Officer.

2.  Certain fees and costs must be paid at the time of application as indicated in the schedule.  Other fees and costs, incurredafter application, must be paid or reimbursed to the Township as the are incurred.

3.  Permits, special exceptions and variances shall be issued only after all outstanding fees have been paid in full, and the Zoning Hearing Board shall take no action on appeals until preliminary charges have been paid in full. After application the Applicant shall be invoiced for all costs and fees promptly by the Township.

4.  In the event that payment in full has not been received by the Township of all fees within fifteen (15) days after the invoice for same has been mailed or issued the Township or Zoning Hearing Board may, in its discretion, deny the pending application and provide no reason for the denial other than the non-payment of the appropriate fees.

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Section 704 - Inspection

704.1  Inspection by the Zoning Officer - It shall be the duty of the Zoning Officer, or his duly appointed representative, to make the following minimum number of inspections on property for which a permit has been issued:

            a.  At the beginning of construction:  A record shall be made indicating the time and date of the inspection and  the findings of the Zoning Officer in regard to conformance of the construction with plans submitted with the application for the building. If the actual construction does not conform to the application, a written notice of the violation shall be issued by the Zoning Officer, and such violation shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Zoning Officer, construction shall proceed.

            b.  At the completion of construction:  A record shall be made indicating the time and date of the inspection; the findings of the Zoning Officer in regard to the issuance of a Certificate of Use Permit.

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Section 705 - Certificate of Use

705.1  A Certificate of Use shall be a statement issued by the Zoning Officer setting forth either that a building, structure or parcel of land complies with the provisions of this Ordinance; or that a building or structure lawfully may be employed for specified uses under the provisions of this Ordinance, or both.

705.2  No vacant land shall be occupied or used, and no structure or part of a structure, hereafter erected, structurally altered or changed in use shall be occupied or used, until a Certificate of Use shall have been regularly issued therefore by the Zoning Officer.

705.3  A Certificate of Use, either for the whole or part of a new building or for the alteration of an existing building, shall be applied for co-incident with the application for a building permit, and shall be issued within fifteen (15) days after the erection or alteration of such building or part shall have been completed in conformity  with the provisions of this Ordinance.

705.4  A Certificate of Use for the use or occupancy of vacant land or an existing building, shall be required before any such land or building shall be occupied, used or changed in use, subject to the following.

a.  A change in ownership of a business, operation or property shall not be considered a change in use for these purposes and shall not require a Certificate of Use.

b.  A shift from one activity to another within a single use category listed on the Schedule of District Regulations (e.g. a change from a bakery to a fish shop, both of which are Specialty Shops as defined in this Ordinance or a change from an insurance office to a law office, both of which are Business and Professional Offices) shall not be considered a change in use, but shall, nonetheless, require a Certificate of Use for purposes of determining conformance with this Ordinance.  Such Certificate of Use shall be issued within fifteen (15) days after application has been made, provided such proposed use otherwise conforms with this Ordinance.

c.  Any change from one category of uses to another (e.g. from a bakery to an insurance office) shall be considered a change of use and be fully subject to review and approval requirements of this Ordinance, including a Certificate of Use.  Such Certificate of Use shall be issued within fifteen (15) days after application has been made in the case of Principal Permitted Uses and Accessory Uses, after Board of Supervisors approval in the case of Conditional Uses or after Zoning Hearing Board approval in the case of Special Exceptions.

705.5  A Certificate of Use for changing or extending a non-conforming use, existing at the time of the passage of this Ordinance or an amendment thereto, shall be applied for and issued before any such non-conforming use shall be changed or extended. Such Certificate shall be issued within fifteen (15) days after application has been made, provided such proposed change or extension is in conformity with the provisions of this Ordinance.

 705.6  A record of all Certificates of Use shall be kept on file in the office of the Zoning Officer and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

705.7  In addition to all other requirements, no certificate of use shall be issued for any new or existing structure unless and until:

1.  There is in place a street number sign pursuant to the following specifications:

a.  Street number signs shall be constructed of reflective material and placed a minimum of three ( 3' ) feet and a maximum of six ( 6' )feet above the adjoining road measured at the curb.

b.  The lettering on such signs shall be a minimum of three ( 3" ) inches in height.

c.  The lettering shall clearly and legibly indicate, in block letters, the designated 911 street address for the subject premises.

2.  The property owner / applicant has received final approval (or certificate of occupancy, as applicable) for any and all municipal permits issued for the subject project including, but not limited to, sewage, well, building, storm water, and highway occupancy permits.

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Section 706 - Violations

Failure to comply with any provision of this Ordinance, failure to secure a permit, Zoning Hearing Board Certificate, when required, previous to the erection, construction, extension, or addition to a building; or failure to secure a Certificate of Use Permit, shall be violations of this Ordinance.  When an enforcement notice alleging violation of any of the provisions of this Ordinance has been served by the Zoning Officer on the owner, occupant and/or contractor, the party upon whom the notice is served shall perform in accordance with that notice.

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Section 707 - Penalties and Remedies

It shall be unlawful to erect, construct, reconstruct, alter and maintain or use any building or structure or to use any land in violation of any provisions of this Ordinance or amendment thereto. Any person, partnership or corporation who or which shall violate or permit to be violated the provisions of any zoning ordinance enacted under this act or prior enabling laws shall, upon being found liable therefore in a civil enforcement proceeding brought by the Township, pay a judgment of not more than five hundred ($500) dollars plus all court costs, including reasonable attorney's fees incurred by a municipality as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of the violation by a district justice. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment in the manner provided in the rules of civil procedure. Each day that a violation is continued shall constitute a separate offense, unless the district justice that determines that a violation has occurred further shall determine that there was a good faith basis for the defendant 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 by such district justice and thereafter every day shall constitute a separate offense. All judgments and cost collected for the violation of zoning ordinances shall be paid over to the Township Supervisors.

In case any building, structure, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any ordinance the Township Supervisors or, with the approval of the Township Supervisors, an officer of the Township, in addition to other remedies, may institute in the name of the  Township any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, or land, or to prevent in or about such premises, any act, conduct, business or use constituting a violation.

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Section 708 - Zoning Hearing Board

The Township Board of Supervisors shall appoint a Zoning Hearing Board, which shall have the number of members and alternate members of such powers and authority as set forth  in Article IX of the Pennsylvania Municipalities Planning Code as enacted or hereafter amended. The duties of the Zoning Hearing Board shall be limited to the following:

708.1  The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer.

708.2  The Board shall hear challenges to the validity of a Zoning Ordinance or map excepting cases where there has been an alleged defect in the process of enactment or adoption and where a landowner, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest.

708.3  The Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant.

708.4  The Board shall hear and decide requests for special exceptions pursuant to the criteria also applying to conditional uses and outlined in Section 404.

708.5  The Board shall hear all appeals which an applicant may elect to bring before it with respect to any municipal ordinance or requirement pertaining to the same development plan or development.

The Zoning Hearing Board shall not, under any circumstances, have the authority to order any specific change in or amendment to the Zoning Map or to allow any use of property substantially different from those permitted under the Schedule of Use Regulations for the particular district.

In all its actions, the Zoning Hearing Board shall follow procedures as provided in Article IX and X of the Pennsylvania Municipalities Planning Code.

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Section 709 - Appeals

An appeal of this Ordinance, appeal of the decision of the  Zoning Officer, request for special exception or request for variance shall be made in writing to the Chairman of the Zoning Hearing Board and shall state:

709.1  The name and address of the applicant.

709.2  The name and address of the owner of the real estate to be affected by such proposed exception or variance.

709.3  A brief description and location of the real estate to be affected by such proposed change.

709.4  A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.

709.5  A statement of the section of this Ordinance under which the variance, or exception requested, may be allowed, and reasons why it should be granted.

709.6  Any reasonably accurate description of the present improvements, and the additions intended to be made under this application, indicating the size of such proposed improvements, material, and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, as required to accompany applications for building permits, indicating the location and size of the lot, and size of improvements now erected, and proposed to be erected thereon.

If the Zoning Hearing Board finds the appeal or request outside its scope of jurisdiction, it shall return the application for the same to the Zoning Officer for proper processing. Appeals shall otherwise be processed in conformance with the requirements of Article X of the Pennsylvania Municipalities Planning Code.

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Section 710 - Variances

The Zoning Hearing Board shall have the power to authorize such variances from this Ordinance as are permitted under the Municipalities Planning Code. All applications for variance shall be initiated by the filing of an application for same with the Zoning Officer. The application shall include the section or sections of the Ordinance from which the variance is requested; an exact description of the of the variance requested and the reasons for the variance, including comments on the standards as hereinafter provided, together with such maps, drawings or other plans that the applicant may provide to describe the request.

Upon receipt the Zoning Officer shall immediately forward a copy of the application to the Zoning Hearing Board, the Board of Supervisors and the Township Planning Commission. The Planning Commission shall review the application at its  next regularly scheduled meeting or at such special meetings as they may choose to call and forward a report and recommendations thereon to the Zoning Hearing Board.

The Board may grant a variance provided that the following findings are made where relevant in a given case:

710.1  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 Ordinance in the neighborhood or district in which the property is located;

710.2  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 Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

710.3  That such unnecessary hardship has not been created by the appellant;

710.4  That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, not substantially or permanently impair the appropriate use or development of adjacent property, not be detrimental to the public welfare; and

710.5  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.

In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Act and the Zoning Ordinance.

This authority shall not include the right to grant a use variance that would, in fact, alter the Zoning Map and thus constitute a re-zoning.

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Section 711 - Amendments

The Township Supervisors may amend the Zoning Ordinance by complying with the requirements set forth in Article VI of the Pennsylvania Municipalities Planning Code, as enacted or hereinafter amended.

A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provision  thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the governing body with a written request that his challenge and proposed amendment be heard and decided on as provided in Section 1004 of the Pennsylvania Municipalities Planning Code, as enacted and hereinafter amended.

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Section 712 - Validity

If any section of this Ordinance shall be found to be invalid, the other sections of the Ordinance shall not be affected thereby.

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