For the purposes of this chapter, the following
types of permits are established:
See § 27-190, Airport zone permits.
[Amended 12-18-1989 by Ord. No. 1657]
Building permits shall be secured from the Zoning
Officer prior to any alteration, construction, conversion, erection,
excavation, extension, placement, reconstruction, repair, replacement
or restoration of any building or structure, whether or not conforming,
and whether or not affixed to the ground and specifically includes,
but is not limited to, buildings, fences, heliports, garages, satellite
earth station dishes, swimming pools, temporary utility trailers,
sheds, signs and all other structures.
See § 27-175, Administration.
[Amended 12-18-1989 by Ord. No. 1657]
A.
No building shall be occupied or used until such time
as an occupancy permit is secured from the Zoning Officer.
B.
The Zoning Officer shall not approve any occupancy
permit until the Zoning Officer has determined that the building,
structure or use conforms with the provisions of this chapter and
any and all other applicable codes or regulations.
C.
No building, structure or part thereof, the use of
which has been changed or which has been subject to any structural
alteration, shall be occupied until such time as an occupancy permit
has been issued.
D.
Changes in the use or tenants of commercial or industrial businesses
located in existing structures may be reviewed and approved by the
Zoning Officer without submitting a formal request to the Whitehall
Township Planning Commission, provided that:
[Amended 5-10-2010 by Ord. No. 2825]
(1)
The use is a permitted use as of right within the zoning district
in which the structure is situate.
(2)
There are no proposed exterior structural additions or changes in
excess of 30% of the existing building area.
(3)
The appropriate enforcement officers of the Township have certified
that there are no open or unfulfilled conditions imposed by the Zoning
Hearing Board, Board of Commissioners, or other officers of the Township.
(4)
All necessary and required permits are applied for and secured, when
necessary, prior to occupancy. This includes, but may not be limited
to, Township permits, and state and federal permits when necessary
(i.e., Pennsylvania Department of Environmental Protection, NPDES,
Pennsylvania Department of Public Welfare, Pennsylvania Department
of Agriculture, and PennDOT Highway Occupancy Permit).
(5)
When occupying up to 30% of an existing commercial or industrial
structure or property with a new tenant or use, the property owner
or tenant shall:
(a)
Replace or repair at least 50% of any damaged sidewalks or walks
abutting the entrance to the particular area being occupied. Accessible
ramps shall be provided where necessary.
(b)
At least 30% of the site landscaping and parking areas shall
be restored and refurbished, unless acceptable documentation can be
provided to the Zoning Officer indicating that restoration and/or
refurbishment has been done within the 12 months preceding the request
for a new certificate of occupancy for that particular area to be
occupied.
(c)
Where no curbing or guiderail is provided to enclose the parking
area servicing the use, curbing, guiderail, precast curbing sections,
bumper blocks or a similar device as approved by the Township Engineer
shall be installed.
(d)
If already existing, bumper blocks shall be re-pinned, and damaged
blocks shall be replaced.
(e)
All traffic control in the parking area shall be inspected and
reconditioned, repainted or replaced.
(f)
All site lighting shall be re-evaluated, repaired and, if necessary,
replaced.
(6)
When occupying up to 69% of an existing commercial or industrial
structure or property with a new tenant or use, the property owner
or tenant shall:
(a)
Replace or repair at least 50% of any damaged sidewalks or walks
abutting the entrance to the particular area being occupied. Accessible
ramps shall be provided where necessary.
(b)
At least 50% of the site landscaping and parking areas shall
be restored and refurbished, as well as 50% of the exterior of the
structure, unless acceptable documentation can be provided to the
Zoning Officer indicating that such restoration and/or refurbishment
of said areas has been done within the 12 months preceding the request
for a new certificate of occupancy for the particular area to be occupied.
(c)
Where no curbing or guiderail is provided to enclose the parking
area servicing the use, curbing, guiderail, precast curbing sections,
bumper blocks or a similar device as approved by the Township Engineer
shall be installed.
(d)
If already existing, bumper blocks shall be re-pinned, and damaged
blocks shall be replaced.
(e)
All traffic control in the parking area shall be inspected and
reconditioned, repainted or replaced.
(f)
All site lighting shall be re-evaluated, repaired and if necessary
replaced.
(7)
When occupying 70% to 100% of an existing commercial or industrial
structure with a new tenant or use, the property owner or tenant shall:
(a)
Replace and restore any damaged sidewalks and provide accessible
ramps where required for the entire site.
(b)
One hundred percent of the site landscaping and parking areas
shall be restored and refurbished, as well as 100% of the exterior
of the structure, unless acceptable documentation can be provided
to the Zoning Officer indicating that restoration and/or refurbishment
of said areas to be occupied has been done within the 12 months preceding
the request for a new certificate of occupancy.
(c)
Where no curbing or guiderail is provided to enclose the parking
area servicing the use, curbing, guiderail, precast curbing sections,
bumper blocks or a similar device as approved by the Township Engineer
shall be installed.
(d)
If already existing, bumper blocks shall be re-pinned, and damaged
blocks replaced.
(e)
All traffic control in the parking area shall be inspected and
reconditioned, repainted or replaced.
(f)
All site lighting shall be re-evaluated, repaired and if necessary
replaced.
A.
A temporary occupancy permit may be secured from the
Zoning Officer when it is necessary to continue a preexisting activity
during modification, alteration or expansion of a building. A temporary
occupancy permit may also be secured when it is necessary to occupy
a portion of a building or project before the entire building or project
is completed.
B.
The permit shall indicate that the portion occupied
substantially complies with the terms and the intent of the building
permit and with the provisions of this chapter and any other applicable
codes or regulations.
C.
The Zoning Officer may deny issuance of a temporary
occupancy permit if the Zoning Officer determines that the intended
occupants will be subject to hazards that may result from the continued
construction activity or any other cause.
[Amended 12-18-1989 by Ord. No. 1657]
D.
A temporary occupancy permit shall be reviewed whenever
conditions for which it was issued have changed.
[Amended 12-18-1989 by Ord. No. 1657]
E.
Temporary occupancy permits shall automatically terminate
when the final occupancy permit is issued or the expiration of 90
days from the date of issuance.
[Amended 12-18-1989 by Ord. No. 1657]
See Article XIII, Signs.
Use permits shall be secured from the Zoning
Officer prior to the use of a building, structure, land or sign, whether
or not a permitted, accessory or nonconforming use and prior to changing
the use, area of use, percentage or use or extending or displacing
a use, in whole or in part, of any building, structure, land or sign.
In addition to the foregoing, use permits shall be required prior
to the creation or change of home occupations.
[Amended 12-18-1989 by Ord. No. 1657]
The application for a permit shall be submitted
on the form provided by the Zoning Officer and shall be accompanied
by the required fee, plans of proposed construction, erection, alteration
and other information as required by the Zoning Officer.
All requests for permits shall be made in writing
by the contractor employed by the owner or lessee of the building
or structure to perform the proposed work or their authorized agents
or if there is no contractor, then in that event, the request for
a permit shall be made as aforesaid by the legal or equitable owner.
Written proof of ownership or equitable interest shall be provided
to the Township upon request therefor. Failure to provide such proof
of ownership or equitable interest shall be, in and of itself, a sufficient
basis for refusal to accept and process an application.
The Zoning Officer shall not issue a permit
unless the following conditions have been met or are satisfied:
A.
Written approval, where required, is secured from
the Zoning Hearing Board or Commissioners with all conditions required
attached thereto.
B.
All applications and support documents have been provided
or revised in accordance with the conditions of any approval given
by any authorized Township review body or officer.
C.
The proposed building, structure or use conforms to
the provisions of this chapter and all other ordinances in the Township
except for:
(1)
Variances granted from the provisions of this chapter,
special exceptions, or conditional uses allowed and approved by the
Zoning Hearing Board or Commissioners;
[Amended 12-18-1989 by Ord. No. 1657]
(2)
Nonconforming buildings, structures or uses legally
existing prior to the enactment of this chapter.
A permit shall be issued or denied by the Zoning
Hearing Officer within 30 days of application or as otherwise required
by law. All permits are issued subject to compliance with all other
applicable ordinances, rules and regulations of the Township.
[Amended 12-18-1989 by Ord. No. 1657]
A request for a permit shall be denied if the
information submitted therewith is incomplete, erroneous or otherwise
unsatisfactory, or if the application fee is not remitted in full.
The Zoning Officer may revoke a permit or approval issued under the
provisions of this chapter if the Zoning Officer determines that any
false statement or misrepresentation of fact exists on the application
or on the plans upon which the permit or approval was based or if
a change in use occurs which is inconsistent with the requirements
of the permit, this chapter or the representations of the applicant.
All work to or any use of any building, structure,
sign or land shall conform to the approved application and plan for
which the permit was issued and any approved amendments thereto. The
permit shall not be construed as authority to violate, cancel or set
aside the provisions of this or any other ordinance unless otherwise
permitted or stated upon the permit.
A.
Except where the duration of the use or building is
limited by action of the Zoning Hearing Board, Commissioners or provisions
of this chapter, a permit shall be valid for a period of one year
from the date of issuance or until such time as there is a change
in use, a change in ownership of the subject premises or a change
in a condition for which the permit was originally issued, whichever
shall first occur.
B.
Where the duration of the use or building has been
limited by action of the Zoning Hearing Board, Commissioners or provisions
of this chapter, the life of the permit shall be equally limited.
In the event that a variance, special exception or conditional use
has been granted or approved or other action has been authorized by
the Zoning Hearing Board or Commissioners, the applicant shall secure
the necessary permits and commence the authorized action, construction
or alteration within one year of the final action of the Zoning Hearing
Board or Commissioners. The applicant may request, in writing, extensions
of the one year period from the body granting the variance or approval
stating the reasons for delay. Unless the Zoning Hearing Board or
Commissioners find such reasons for delay justifiable, it may refuse
to extend the one year period and may, after expiration of said one
year period, rescind or revoke the granted variance, approval, authorization
and permit. When it is suspected that the authorized construction
or development will commence in phases over an extended period of
time, the Zoning Hearing Board or Commissioners may establish a schedule
for the procurement of permits in lieu of the one year period specified
hereinabove. If in the opinion of the Zoning Officer the authorized
work is suspended or abandoned for a period of six months after the
time of commencing work, such permit shall become invalid. Upon expiration
or invalidation of the permit, all other permits issued thereon shall
become invalid.
C.
When a variance, special exception or conditional
use has been granted or approved, or other similar action has been
authorized with respect to a particular development plan, use or by
the Zoning Hearing Board or Board of Commissioners prior to the enactment
of this chapter, then the applicant, his heirs, successors or assigns
shall be entitled to the issuance of a building permit for said development
or use provided that a detailed development plan is submitted to the
Zoning Officer and that said plan conforms in every respect with the
development plan submitted to the Zoning Hearing Board or Board of
Commissioners during the authorization process. In the event that
the proposed development plan is inconsistent with the original plan
submitted to the Zoning Hearing Board or Board of Commissioners, then
the building permit shall not be issued unless the inconsistencies
as set forth in the proposed development plan comply with the current
zoning requirements.
[Amended 4-8-1991 by Ord. No. 1729]
It shall be the duty of the Zoning Officer to
keep a record of all applications for permits, a record of all permits
issued, together with a notation of all special conditions involved.
Such records shall be the property of the Township. The Zoning Officer
shall file and safely keep copies of all plans submitted which shall
form a part of the records of his office. All records and permits
issued shall be open to public inspection at reasonable times.
The Zoning Officer shall prepare a monthly report
sheet for the Commissioners summarizing for the period since the last
report all permits issued, all complaints of alleged violations and
any and all action taken regarding those permits and violations.
