A.
A Zoning Officer designated by the Borough Council
shall administer and enforce this chapter. He may be provided with
the assistance of such other persons as the Borough Council may direct.
The Zoning Officer shall not hold any elective office in the municipality.
The Zoning Officer shall meet qualifications established by the municipality
and shall be able to demonstrate to the satisfaction of the municipality
a working knowledge of municipal zoning. The Zoning Officer shall
administer this chapter in accordance with its literal terms and shall
not have the power to permit any construction or any use or change
of use which does not conform to the Zoning chapter. Zoning officers
may be authorized to institute civil enforcement proceedings as a
means of enforcement when acting within the scope of their employment.
B.
If this Zoning Officer shall find that any of the
provisions of this chapter are being violated, he shall notify in
writing the person responsible for such violations, indicating the
nature of the violation and ordering the action necessary to correct
it. He shall order discontinuance of illegal use of land, buildings,
or structures; removal of illegal buildings or structures or of illegal
addition, alteration, or structural changes; discontinuance of any
illegal work being done; or shall take any other action authorized
by this chapter to ensure compliance with or to prevent violation
of its provisions.
A.
A landowner, tenant and/or contractor shall obtain
a zoning permit from the Zoning Officer for activities falling within
any of the following categories:
(1)
The erection, construction, demolition, alteration,
extension, replacement, relocation or conversion of any building or
structure or any activity to prepare the site for the erection, construction,
demolition, alteration, extension, replacement, relocation or conversion
of any building or structure.
(2)
The change in the use of a building, structure,
sign and/or land, including activities to prepare the site for a change
in use.
(3)
Any nonagricultural grading, blasting, excavating,
cutting or filling which causes disturbance of the following areas:
(a)
Activities resulting in an aggregate disturbance
of more than 1,000 square feet of area with existing undisturbed slopes
between 0% and 5%; or
(b)
Activities resulting in an aggregate disturbance
of more than 500 square feet with existing undisturbed slopes between
5% and 15%; or
(c)
Activities resulting in the disturbance of any
land with existing slopes over 15%; or
(d)
Activities disturbing existing slopes over 5%
which are within 25 feet of any property line, right-of-way or structure
on an adjoining lot.
B.
No zoning permit shall be required for repairs to
or maintenance of any building, structure or land, provided that such
repairs do not change the use, alter the exterior dimensions of the
building or structure, or otherwise violate the provisions of this
chapter or any other applicable Borough or county ordinance or applicable
statute or regulation. This provision shall not alter the requirement
for zoning permits in the Floodplain District.
A.
The applicant for a zoning permit shall submit an
application on forms provided by the Borough. The application may
be made by the owner or lessee of the property or the agent of either;
provided, however, that if the application is made by a person other
than the owner or lessee, the application shall be accompanied by
a written authorization from the owner or lessee designating the agent
and authorizing the work.
B.
The application for a zoning permit shall include
a description of the proposed work and/or use and occupancy of the
building, structure and/or land as well as any other information required
by the application form or the Zoning Officer to determine compliance
with this chapter and other applicable Borough, county, state and
federal ordinances, statutes and regulations; plans, in duplicate,
drawn to scale, showing the actual dimensions and shape of the lot,
the size and location and dimensions of the proposed use, building
or alteration, and other pertinent information; and the application
fee. The application shall not be considered complete without the
fee established by the Borough Council by ordinance or resolution.
The applicant shall also submit all necessary information to demonstrate:
(1)
Approval and recording of any necessary subdivision
and/or land development plan, if applicable.
(2)
Submission to and approval by the Lancaster
County Conservation District of a sedimentation and erosion control
plan where earth disturbance activities are proposed.
(3)
Issuance of a permit to install or modify an
on-lot sewage disposal system or issuance of a permit by the provider
of public sewer service, as applicable.
(4)
Issuance of a permit to connect to the public
water supply, if applicable.
(5)
Issuance of any permits required for the relocation
or alteration of any existing public utility line or other facility.
C.
Approval or disapproval of application. Upon receipt
of the application, the Zoning Officer shall examine the application
and supporting information to determine compliance with this chapter
and other applicable Borough and county ordinances, statutes and regulations.
The Zoning Officer shall determine if subdivision and/or land development
approval has been obtained, if state sanitation inspection requirements
have been met, and, in the case of public buildings, that the required
permits have been issued by the Department of Labor and Industry.
The Zoning Officer shall disapprove a permit application which does
not comply with all applicable statutes, regulations, and county and
Borough ordinances. The Zoning Officer shall mark the application
as either approved or disapproved and shall return one copy of the
application to the applicant. The other copy shall be retained by
the Zoning Officer for the Borough files. If disapproved, the Zoning
Officer shall attach a statement to the application explaining the
reason for such disapproval and informing the applicant of his right
to appeal to the Zoning Hearing Board.
D.
Issuance and posting of permits. Upon approval of
the application by the Zoning Officer, the Zoning Officer shall issue
a zoning permit placard which shall be visibly posted on the site
of operations during the entire time of construction. The zoning permit
shall expire one year from the date of issuance, provided that it
may be extended at the discretion of the Zoning Officer for six-month
periods not to exceed a total of one year.
E.
Rights of permit holders. The zoning permit shall
be a license to proceed with work described on the approved application.
A zoning permit shall not be deemed to supersede or annul any restrictions
on the use or development of the property imposed by deed restrictions,
restrictive covenants, or other private agreements. Permit holders
shall proceed with work at their own risk and subject to the rights
of aggrieved parties to appeal the issuance of the zoning permit as
authorized by the Municipalities Planning Code or to take action to
enforce deed restrictions, restrictive covenants, or private agreements
as authorized by law.
F.
Revocation of zoning permit. The Zoning Officer shall
revoke a zoning permit or approval issued under the provisions of
this chapter in the case of any false statement or misrepresentation
of fact in the application on which the permit or approval was based,
or if the permit or approval was issued in error, or if the work is
not undertaken in accordance with terms of the permit or approval,
or for any other proper cause.
G.
Special procedures for small wireless facility applications. An application
for a small wireless facility added to an existing structure shall
be decided within 60 days of the date a complete application is submitted.
Within 10 days of the date that such an application is filed with
the Borough of Denver, the Borough shall notify the applicant, in
writing, of any information necessary required to complete the application.
The effect of notification of incompleteness shall serve to reset
the sixty-day time limit and shall not merely toll the running of
the 60 days. An application for a small wireless facility that requires
a new support structure shall be decided within 90 days. The Borough
shall advise the applicant, in writing, of its decision in accordance
with the other provisions of this chapter.
[Added 9-30-2019 by Ord.
No. 657]
A.
It shall be unlawful to use or occupy or permit the
use or occupancy of any building or premises, or both, or part thereof
hereafter created, if erected, changed, converted, or wholly or partly
altered or enlarged in its use of structure until a certificate of
zoning compliance has been issued by the Zoning Officer stating that
the proposed use of the building or land conforms to this chapter.
B.
No nonconforming structure or use shall be maintained,
renewed, changed, or extended until a certificate of zoning compliance
shall have been issued by the Zoning Officer. The certificate of zoning
compliance shall state specifically wherein the nonconforming use
differs from the provisions of this chapter. Upon enactment or amendment
of this chapter, owners or occupants of nonconforming uses or structures
shall apply for certificates of zoning compliance when property ownership
changes hands or when a zoning and/or building permit application
is made to the Borough. Such certificate shall be authorized by the
Zoning Officer and shall certify to the owner his right to continue
such nonconforming use or structure.
C.
No permit for erection, alteration, moving, or repair
of any building shall be issued until an application has been made
for a certificate of zoning compliance, and the certificate shall
be issued in conformity with the provisions of this chapter upon completion
of the work.
D.
The Zoning Officer shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request of any person. Failure to obtain a certificate of zoning compliance upon transfer of a property containing a nonconforming structure or use or upon filing of an application for a zoning permit or building permit shall be a violation of this chapter and punishable under Article XIII of this chapter.
It is recognized that it may be in accordance
with the purpose of this chapter to permit temporary activities for
a limited period of time, which activities may be prohibited by other
provisions of this chapter. If such uses are of such a nature and
are so located that, at the time of petition of special exception,
they will in no way exert a detrimental effect upon the uses of land
and activities normally permitted in the zoning district, or contribute
materially to the welfare of the Borough, particularly in a state
of emergency, under conditions peculiar to the time and place involved,
then the Zoning Hearing Board may, subject to all regulations for
the issuance of special exception elsewhere specified, direct the
Zoning Officer to issue a permit for a period of time, as designated
by the Zoning Hearing Board. In no case shall the temporary use be
permitted to continue beyond the minimum time necessary to alleviate
the applicant's hardship.
Zoning permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning Officer authorize only the use, arrangement, and construction set forth in such approved plans and applications. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this chapter, and punishable as provided by Article XIII hereof.
