[Ord. 1-1953, 2/9/1953, Art. X, § 1000; as amended by Ord. 436, 8/7/2007, § 1]
The Township Zoning Officer shall be appointed by the Township
Board of Commissioners and shall hold no elective office in the Township.
The Township Zoning Officer shall meet the qualifications established
by the Township and shall be able to demonstrate, to the satisfaction
of the Township, a working knowledge of municipal zoning.
[Ord. 1-1953, 2/9/1953, Art. X, § 1001; as amended by Ord. 436, 8/7/2007, § 1]
1. The Zoning Officer's duties shall include the following:
A. Administer and enforce the provisions of this chapter.
B. Institute civil enforcement proceedings as a means of enforcement
when acting within the scope of his/her employment.
C. Issue zoning certificates, building permits, certificates of occupancy,
sign permits, or any other permits required hereunder.
D. Maintain a permanent file of all zoning certificates, zoning permits,
occupancy permits, sign permits, building permits and applications
as public records.
E. Register and record nonconforming uses.
F. Inspect all land and structures for which a zoning certificate, building
permit, occupancy permit or sign permit has been applied for or issued
to determine compliance with this chapter and make all the inspections
necessary to enforce the provisions of this chapter.
[Ord. 1-1953, 2/9/1953, Art. X, § 1002; as amended by Ord. 436, 8/7/2007, § 1]
1. It shall be unlawful to commence or to continue any of the following
prior to the issuance by the Building Inspector of a building permit:
A. Any excavation for foundation.
B. The erection, construction, or structural alteration of any structure
or part thereof, including accessory structures, as provided hereunder
or by the Township's then-applicable building code.
C. The occupation of a street or alley with building materials or a
temporary structure or structures for construction purposes.
D. A change in the use of any structure erected or constructed before
or after the effective date of this chapter.
[Ord. 1-1953, 2/9/1953, Art. X, § 1003; as amended by Ord. 436, 8/7/2007, § 1]
1. A zoning certificate shall be obtained before any person may:
A. Occupy or use any vacant land except for agricultural purposes.
B. Occupy or use any structure hereafter constructed, reconstructed,
moved altered or enlarged.
C. Change the use of a structure or land to a different use.
D. Change a nonconforming use.
E. Construct, reconstruct, move, structurally alter or enlarge any structure
or building, including any accessory structure.
2. Application for a zoning certificate for all uses other than a single-family
or two-family dwelling shall be accompanied by a development plan,
as defined herein, together with a filing fee in accordance with a
schedule affixed from time to time by a resolution of the Township
Board of Commissioners.
3. Any proposed use or expansion or change of any existing use which
is authorized in a zoning district as a conditional use or use by
special exception shall require approval of the conditional use or
use by special exception in accordance with the procedures specified
in this chapter as a prerequisite to issuance of a zoning certificate
by the Zoning Officer.
[Ord. 1-1953, 2/9/1953, Art. X, § 1004; as amended by Ord. 183, 7/3/1967, § 1;
and by Ord. 436, 8/7/2007, § 1]
Each application for a building permit shall be filed with the
Zoning Officer and shall contain all the information necessary to
enable the Zoning Officer to ascertain whether the proposed excavation,
erection, construction, structural alteration, occupation, use, and/or
change in use will comply with the provisions of this chapter. In
addition to other necessary data, the application shall be accompanied
by a plot plan in duplicate, drawn in scale, showing the land involved,
the location of all existing and proposed buildings and other structures
thereon, the location of all abutting streets, road, and alleys and
the location of all existing buildings and abutting land within 120
feet of the side and rear lot lines of the land involved, and any
other information required by the Township's then-applicable
building code. The application shall also show the name and address
of the applicant. An application for a building permit may be filed
by the owner, tenant, lessee, general agent, architect, engineer or
building contractor of the building or premises involved. Said application
must be signed by the owner and the contractor responsible for construction,
excavation, erection, alteration, occupation, use, and/or change in
use of the building or premises involved. Said contractor shall present
the application to the Zoning Officer only after said application
has been signed by both parties.
[Ord. 1-1953, 2/9/1953, Art. X, § 1005]
The Zoning Officer shall, within two weeks after the filing
of an application in proper form, make and file his written decision
as to whether or not the proposed excavation, erection, construction,
structural alteration, occupation, use, and/or change in use will
comply with the provisions of this chapter, and shall, within such
period, deliver a copy of his decision, together with a copy of the
building permit, if any, pursuant to such decision, to the applicant
in person or by registered mail directed to the applicant's address
as stated in the application.
[Ord. 1-1953, 2/9/1953, Art. X, § 1006]
Whenever a building permit is issued to cover any excavation
for and/or any erection, construction and/or structural alteration
of any building, it shall be the duty of the person applying for such
building permit, and of the person in charge of such work, to post
such building permit, or a copy thereof, at the site of the work in
such a manner that it will be clearly visible to persons on the street
nearest to such work, and to maintain it in such a position throughout
the course of the work.
[Ord. 1-1953, 2/9/1953, Art. X, § 1007; as amended by Ord. 1-1956, 3/12/1956, § 4]
If, after the issuance of a building permit, the operations
authorized thereunder are not commenced within six months after the
date of the permit, or if after the commencement of operations the
work is discontinued for a period of three months, such permit shall
be void, and work may not again be commenced until a new permit shall
have been issued. After one year, any work, construction, or excavation
discontinued must be completed to the point where, in the opinion
of the Zoning Officer, it is not a public hazard. The owner is to
do this work at his cost, or the Township to do same and bill owner
for the costs, and collect the same by lien or suit, as provided by
law.
[Ord. 1-1953, 2/9/1953, Art. X, § 1008; as amended by Ord. 382, 8/5/1997; and by Ord. 436, 8/7/2007,
§ 1]
1. General.
A. No use of land shall be made, no building or structure shall be constructed,
reconstructed, altered, remodeled, enlarged, moved, occupied or used,
no existing use of a building, structure or lot shall be changed,
no nonconforming use shall be changed, enlarged or extended, and no
retaining wall shall be constructed, reconstructed, altered or moved
until a zoning permit and occupancy permit (certificate of occupancy)
has been issued by the Zoning Officer.
B. Applications for said zoning and occupancy permits shall be made
at the Municipal Building and upon the payment of the required fee
established from time to time by resolution of the Township Board
of Commissioners.
C. Where a change in occupancy or use of any structure or lot in any district, whether or not there is any construction, reconstruction, structural alteration or movement of the structure, will generate, on the average, an additional 20 peak hour trips on any adjacent street, the applicant shall comply with applicable requirements of the Township Subdivision and Land Development Ordinance [Chapter
22], which is incorporated herein by reference, prior to the issuance of a zoning and occupancy permit.
D. Any permit issued in conflict with the provisions of this chapter
shall be null and void.
2. Permit Application and Issuance Procedure.
A. Whenever the proposed activity, whether new construction or alteration
of an existing use requires a building permit under the Township's
then-applicable building code, the application for the zoning and
occupancy permit shall be made prior to or simultaneously with the
application for the building permit. However, the building permit
shall not be issued until the zoning and occupancy permit has been
granted.
B. When no building permit is required, the application for the zoning
and occupancy permit may be made at any time prior to the use or occupancy
of the building, structure or property.
C. Permit applications shall be submitted in writing on such forms or
in such format as established by the Township. The Zoning Officer
may request any information necessary to determine the application's
compliance with any provision of this chapter and any ordinance of
the Township.
D. The Zoning Officer shall not issue the zoning and occupancy permit unless the property complies with all provisions and requirements of this chapter, the Township Construction Code [Chapter
5, Part
1], the Township Property Maintenance Code [Chapter
5, Part
2], the Township Subdivision and Land Development Ordinance [Chapter
22], and all other applicable Township, County, State and Federal laws, ordinances and regulations, and until all other required approvals and permits have been obtained from applicable Township, County, State and Federal agencies. The applicant shall submit copies of all such required approvals and permits to the Zoning Officer.
E. Where approvals are not required by other Township agencies or governmental
entities, the Zoning Officer shall review and approve or disapprove
the application. However, the Zoning Officer may seek the advice and
recommendations of the Township Solicitor and Engineer on any application.
F. Upon completion of the applied-for work, the applicant shall notify
the Zoning Officer who shall examine the building, structure and/or
use of the property involved to determine compliance with any conditions
of the zoning and occupancy permit, and with the provisions of this
chapter and all other applicable provisions of any Township ordinances.
G. As a precondition to the issuance of any zoning and occupancy permit,
a landowner shall permit the Zoning Officer to inspect both the exterior
and interior of the property, as deemed necessary by the Zoning Officer.
Any failure or refusal to permit such inspection shall result in denial
of any application for a zoning and occupancy permit.
3. Period of Validity. A zoning and occupancy permit shall become null
and void unless the construction, reconstruction, alteration, remodeling,
use or occupancy of the subject building, structure and/or property
is commenced within six months of the date of issuance, unless an
extension of this time period is granted in writing by the Zoning
Officer. The Zoning Officer may place reasonable conditions on any
such written time extension.
[Ord. 1-1953, 2/9/1953, Art. X, § 1009; as amended by Ord. 436, 8/7/2007, § 1]
A record and a copy of all applications filed with the Zoning
Officer, of all his decisions, and of all building permits, zoning
permits and certificates of occupancy and compliance issued by him
shall be kept on file as a public record within the Township.
[Ord. 1-1953, 2/9/1953, Art. X, § 1010; as amended by Ord. 436, 8/7/2007, § 1]
Every vacancy in the position of Zoning Officer shall be filled
by appointment of the Township Commissioners, for the unexpired term
of office of such Zoning Officer, within one month after such vacancy
occurs, or as soon thereafter as practicable.