In addition to building permits as required by the Building Code of the Borough of Jenkintown, a zoning use permit, which may be a part of the building permit, shall be required prior to the erection or structural alteration of any building, structure or portion thereof prior to the initial use or change in use of a building or land, prior to the change or extension of a nonconforming structure or portion thereof, prior to the initial use or change or extension of a nonconforming use and prior to the change in occupancy of any commercial use or other nonresidential use. No permit shall be considered complete or permanently effective until the Building Inspector has certified that the work has been inspected and approved as being in conformity with the provisions of this chapter and other applicable ordinances.
A. 
It shall be the duty of the Building Inspector, and he is hereby given the power and authority, to enforce the provisions of this chapter.
B. 
The Building Inspector shall require that the application for a building permit and a zoning use permit, together with the accompanying plot plan, contain all the information necessary to enable him to ascertain whether the proposed building complies with the provisions of this chapter.
C. 
Applications for a building permit and zoning use permit shall be signed by the owner or tenant of the property involved or the legal representative of such owner or tenant.
D. 
No building permit or zoning use permit shall be issued until the Building Inspector has certified that the proposed building, alteration or use complies with all the provisions of this chapter and other applicable ordinances.
E. 
It shall be unlawful for any person to commence work for the erection or alteration of any building or swimming pool, as defined by this chapter, until a building permit and a zoning use permit have been duly issued therefor or to occupy such use until an occupancy permit has been approved.
F. 
No building permit or zoning use permit for the erection or conversion of a commercial building shall be issued until the Fire Marshal, Borough Fire Chief, Plumbing Inspector and Building Inspector have certified that the proposed building, alteration or use complies with all the provisions of this chapter and other applicable ordinances.
G. 
Hours of operation.
(1) 
Contractors and builders, including but not limited to construction contractors, plumbers, electricians, mechanical contractors, mason contractors and like trades shall be permitted to operate within the Borough of Jenkintown only between the following hours: Monday through Friday, 7:00 a.m. to 7:00 p.m.; Saturday, 8:00 a.m. to 5:00 p.m.; and Sunday 9:00 a.m. to 5:00 p.m.
(2) 
The provisions of Subsection G(1) shall apply to all zoning districts within the Borough.
(3) 
Any violation of this Subsection G shall be subject to the penalties as set forth in Article XVIII, Violations and Penalties; Fees, of this chapter.
An appeal or an application for a special exception or variance from the terms of this chapter may be filed with the Secretary of the Zoning Hearing Board and shall set forth the following facts:
A. 
Name and address of the applicant.
B. 
Name and address of the owner of the real estate to be affected by the proposed exception or variance.
C. 
A brief description and location of the real estate to be affected by such proposed change.
D. 
Present zoning classification of the real estate in question, the improvements thereon and its present use.
E. 
Section of this chapter under which the variance or exception requested may be allowed and reasons for which it should be granted.
F. 
A reasonably accurate description of the improvements and the additions intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof and, in addition thereto, attach a plot plan of the real estate to be affected, indicating the location and size of the lot and the size of the improvements now erected and proposed to be erected thereon.
G. 
A deposit to cover the cost of advertising and notification shall accompany the application.
H. 
In order to completely satisfy and enable the Zoning Hearing Board to judge the full effectiveness of the design and the complete character of the entire application, full information and sufficient data in all instances shall be included with the application, as follows:
(1) 
For any conversion of existing properties, designation of the existing structure shall be clearly shown on the plan, and any new construction shall be clearly shown by heavier or crosshatched lines and designated "new construction." New partitions, doors, entrances, stairways and windows, giving sizes, shall be clearly designated.
(2) 
Floor plans and elevations, drawn to a scale showing the entire room layout, dimensions of all rooms, window location and sizes, width of all halls and stairways, exits, type of materials to be used, interior and exterior, and floor material.
(3) 
Plot plan, drawn to scale, giving the total area of the lot, total building area proposed on the lot and the location of the building, giving dimensions to all property lines and street lines. Where buildings exist on adjoining lots, setbacks of these adjoining properties shall be shown and distance to any buildings on adjoining lots.
(4) 
Off-street parking plan, drawn to a scale showing all parking spaces in accordance with Article XIV, Off-Street Parking and Loading Standards, showing the traffic pattern with adequate driveways connecting the parking spaces with a street or right-of-way. There shall be no more than one entrance and one exit per street from each lot opening into a street or highway. No parking space shall utilize pedestrian sidewalks or block areas devoted to pedestrian use. No parking space shall be within five feet of any street line and shall be designated a grass and planting area. Areas for loading and unloading off street for delivery trucks, refuse, fuel and other service vehicles shall be provided and shall be so arranged that they may be used without blockage with the use of accessways, exits or parking facilities.
(5) 
Each off-street parking space shall consist of not less than 200 square feet, exclusive of driveways, entrances and exits. Any entrance or exit to a basement or underground garage shall not have a gradient steeper than one in seven or 14%, and any columns supporting the building shall not obstruct the usable parking area for each parking space.
The Building Inspector shall identify and register nonconforming uses and nonconforming structures in accordance with the requirements of the Pennsylvania Municipalities Planning Code. It shall be his duty to prepare or have prepared and to maintain a list or record of the nonconforming uses and structures within the Borough, which record shall describe specifically the nature of any nonconformity and indicate wherein the nonconforming use or structure differs from the provisions of this chapter.
The conditional use process is designed to allow a careful review of uses that have some potential for conflicts with adjacent uses or areas.
A. 
The Zoning Officer shall not grant a permit under this chapter for a proposed conditional use until written approval of the Borough Council is obtained.
B. 
A written application for a conditional use shall be submitted by the applicant to the Zoning Officer or the Zoning Officer's authorized agent, explaining in detail the proposal of the applicant; photographs of the existing site or building and drawings or other plans showing the proposed conditional use may be required by the Zoning Officer.
C. 
Site plan, pursuant to Article IV of the Subdivision and Land Development Ordinance, as amended, to determine whether a detailed site plan is required.[1]
[1]
Editor's Note: See Ch. 160, Subdivision of Land.
D. 
The Zoning Officer should, prior to the next Borough Council meeting where the application will be discussed, review the plan to determine compliance with this chapter and submit a report to the Borough Council.
E. 
The Planning Commission may, at its option, review a proposed conditional use application and submit an advisory recommendation to the Borough Council. The intent of this provision is to allow an additional review for proposed uses that would have wide-ranging effects.
F. 
The Borough Council shall review any reports received from the Zoning Officer and Planning Commission.
G. 
The Borough Council shall decide a request for a conditional use in accordance with the procedure set forth herein, including payment of an application fee by the applicant.
A. 
The Borough Council shall approve any proposed conditional use if it finds adequate evidence that any proposed use will meet:
(1) 
All of the standards listed in this section.
(2) 
All of the specific standards for the proposed use listed in the relevant section.
(3) 
All other applicable requirements of this chapter.
B. 
In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this chapter.
Each conditional use shall comply with all of the following standards:
A. 
Other laws. It shall not be in serious conflict with other Borough ordinances or state or federal laws or regulations that the Borough Council has clear knowledge of.
B. 
Master plan. It shall be generally consistent with the adopted Comprehensive Plan.
C. 
Traffic. It shall not result in or significantly add to a serious traffic hazard or serious traffic congestion.
D. 
Safety. It shall not create a significant public safety hazard, including fire, toxic or explosive hazards.
E. 
Design. It will involve adequate site design methods, including evergreen screening, setbacks, berming and traffic control, to avoid serious negative influences on adjacent uses.
Conditions imposed by the Borough Council shall automatically become conditions of any building or other permit issued in connection with the use, and any failure to comply with said conditions shall be a violation of this chapter as well as of any other ordinance relating to such permit.