A.
Creation of office. The Office of Zoning Officer of
the Borough of Lake City, Pennsylvania, is hereby created.
C.
Official records. An official record shall be kept
of all business of the Zoning Officer and shall be open to public
inspection at appropriate times.
D.
Compensation of the Zoning Officer. The compensation
of the Zoning Officer will be decided by the Borough Council.
The Zoning Officer shall interpret and enforce
all the regulations and provisions of this Zoning Ordinance.
A.
Applications, permits and certificates of use and
occupancy. The Zoning Officer shall receive applications for and issue
permits and certificates of use and occupancy.
B.
Right of entry. The Zoning Officer shall have the
authority to enter at any reasonable hour any structure and/or land
in the borough to enforce the provisions of this Zoning Ordinance.
A letter of authority shall be provided by Borough Council and shall
be displayed for the purpose of identification.
A.
When permit is required. It shall be unlawful to erect,
enlarge, construct, reconstruct or structurally alter any building
and/or other structure or change the use, intensity of use, or extend
or displace the use of any building, other structure and/or land in
the borough without first filing an application with the Zoning Officer,
in writing, and obtaining the required permit.
B.
When a certificate of use and occupancy is required.
It shall be unlawful to use and/or occupy any building, other structure
and/or land for which a permit is required until a certificate of
use and occupancy for such building, other structure and/or land has
been issued by the Zoning Officer. The application for issuance of
a certificate of use and occupancy shall be made at the same time
an application for a permit is filed with Zoning Officer.
C.
Forms of application. The application for a permit
and a certificate of use and occupancy shall be submitted in such
form as the Zoning Officer may prescribe and shall be accompanied
by the required fee as established by the Borough Council.
D.
By whom application is made. Application for a permit
and a certificate of use and occupancy shall be made by the owner
or lessee of the building, other structure and/or land or agent of
either or by the licensed contractor, engineer or architect employed
in connection with proposed work. If the application is made by a
person other than the owner in fee, it shall be accompanied by a duly
verified affidavit of the owner or the qualified person making the
application that the proposed work is authorized to make such application.
The full names and addresses of the owner, lessee, applicant and of
the responsible officers, if the owner or lessee is a corporate body,
shall be stated in the application.
E.
Description of work. The application shall contain
a general description of the proposed work, its location, the use
and/or occupancy of all parts of the building, other structure, and
of all portions of the site or lot not covered by the building and/or
other structure and use of land, proposed parking and/or loading facilities,
if required herein, and such additional information as may be required
by the Zoning Officer.
F.
Plot plan. There shall also be filed not less than
one copy of a plot plan showing to scale at least the following: size
and location of all the new construction and all existing buildings,
and/or other structures on the site, dimensions and area of the lot,
distances from lot lines and the location and the established street
grades; all existing, proposed extended and/or new uses of buildings,
other structures and/or land; proposed and existing parking and/or
loading facilities, if required herein; it shall be drawn in accordance
with an accurate boundary line survey; and such additional information
as may be required by the Zoning Officer. Where complete and accurate
information is not readily available from existing records, the Zoning
Officer may require an applicant to furnish a survey of the lot by
a registered engineer or surveyor at the applicant's expense. Each
applicant shall be required to attest to the correctness of the data
and statements furnished in the application.
G.
Expiration of permits. If work described in any permit
has not begun within six months from the date of issuance, the permit
shall expire, and a written notice shall be given by the Zoning Officer
to the persons affected. If work described in any permit has not been
completed within one year of the date of issuance, the permit shall
expire, and written notice to that effect shall be given by the Zoning
Officer to the persons affected. Work as described in the cancelled
permit shall not proceed unless a new permit is obtained.
A.
Action on application. The Zoning Officer shall act
on all applications for a permit within 10 business days after filing.
If the requirements of this chapter are satisfied, a permit shall
be issued. Disapproval of a permit shall be in writing to the applicant.
B.
Posting a permit. The permit issued by the Zoning
Officer shall be posted at the work site until the permit expires
or the certificate of use and occupancy is delivered.
C.
Revoking a permit. The Zoning Officer may revoke an
issued permit if it is determined that any false statement or misrepresentation
of fact was in the application for the permit.
D.
Action upon completion.
(1)
Upon completion of the permitted work and prior to
use and occupancy, the holder of the permit shall notify the Zoning
Officer of such completion. Within 10 business days after receiving
notice of completion, the Zoning Officer shall conduct a final inspection
of all permitted structures and/or land. All violations of the permit
and plans shall be recorded and presented, in writing, to the holder
of the permit within 15 business days of receipt of notification of
completion of work.
(2)
If the Zoning Officer has determined that the completed
work conforms to the issued permit and complies with this chapter,
he shall issue a certificate of use and occupancy for the use indicated
in the permit within 15 business days of notification of work.
No permit shall be issued until the applicant
pays the respective fee prescribed by the borough. A permit fee schedule
shall be established by resolution of the Borough Council.
If the Zoning Officer shall find that any of
the provisions of this chapter are being violated, he or she shall
notify, in writing, the person responsible for such violation, indicating
the nature of the violation and ordering the action and maximum number
of days necessary to correct the violation. The notice shall include
the fact that the recipient has the right to appeal to the Zoning
Hearing Board within a prescribed period of time. This enforcement
notice shall comply with Section 616.1 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1.
If the notice of violation is not complied with,
the Zoning Officer has the authority to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his duties under this chapter. In addition, the Borough Council
may institute any appropriate action or proceeding under Section 617
of the Planning Code.[1] Enforcement remedies shall be initiated before the District
Justice of appropriate jurisdiction.
[1]
Editor's Note: See 53 P.S. § 10617.
Any person who shall violate the provisions
of this chapter and is convicted thereof in a summary proceeding shall
be subject to a judgment as prescribed in Section 617.2 of the Planning
Code.[1] All borough costs associated with enforcement of this
chapter over and above the permit fee shall be borne by the applicant
or violator.
[1]
Editor's Note: See 53 P.S. § 10617.2.
A.
Notice to owner. Upon notice from the Zoning Officer
that work on or use or occupancy of any building, other structure
and/or land has been determined to be contrary to this chapter, such
work shall be immediately stopped. The stop-work order shall be in
writing to the owner of the property involved and shall state the
conditions under which work or use be resumed.
B.
Conditions of discontinued work. Any person who has
been served with a stop-work order or discontinues or abandons work
shall not leave any building, other structure and/or land in such
condition as to be a hazard to the public. The Zoning Officer shall
have the authority to require that such building, other structure
and/or land shall be put in such condition as he or she determines,
and the work on it shall be at the full expense of the recipient of
a stop-work order.
