[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
In expansion of, and in addition to, the declaration of legislative intent and statement of community development objectives found in Part
1 of this Chapter, it is the intent of this Part to provide specific duties and responsibilities for the Zoning Officer in the issuance of building and occupancy permits, and the procedures for obtaining the same, as contained in this Part.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
The provisions of this Chapter shall be administered and enforced
by a Zoning Officer.
A. The Borough Council shall appoint a Zoning Officer who shall meet
qualifications established by the Council and demonstrate a working
knowledge of municipal zoning.
B. The Zoning Officer shall receive compensation as determined by the
Borough Council.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
The Zoning Officer shall have the authority to perform the following
responsibilities:
A. Receive all zoning applications and applications for use and occupancy
permits.
B. Keep a public record of these applications including:
(1)
All relevant plans and information submitted therewith.
(2)
Permits issued in their regard.
(3)
Any special conditions attached thereto.
C. Review these applications for compliance with the literal terms of
this Chapter, all other applicable ordinances, and the laws and regulations
of the Commonwealth of Pennsylvania which are relevant to the subject
and intent of this Chapter.
D. Issue permits only in response to those applications which are in
compliance with this Chapter, all other applicable ordinances, and
the laws and regulations of the Commonwealth of Pennsylvania which
are relevant to the subject and intent of this Chapter.
(1)
When the Zoning Hearing Board grants a special exception or
variance, the application shall be considered in compliance with this
Chapter for the purpose of issuing permits; the Zoning Hearing Board
action shall be made a part of the public record of these applications.
(2)
The Zoning Officer shall issue permits in regard to such applications
only upon receipt of written evidence from the Zoning Hearing Board
attesting to the granting of the special exception or variance.
E. Enlist the assistance of other municipal agents and agencies in performing
these responsibilities.
F. Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this Chapter.
G. Make written orders requiring compliance with the provisions of this
Chapter and the Pennsylvania Municipalities Planning Code, to be served
personally or by certified mail.
H. Institute proceedings in courts of proper jurisdiction for the enforcement
of provisions of this Chapter.
I. Have available a map showing the current zoning classification of
all land.
J. Participate in proceedings before the Zoning Hearing Board at the
request of the Borough Council as a representative of the Borough.
K. Provide preliminary opinions regarding a proposed plans compliance
with applicable ordinances in accordance with Section 916.2 of the
Municipalities Planning Code.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1. A zoning permit application shall be required and reviewed, and permits issued, in accordance with the Conshohocken Borough Building Code [Chapter
5], as amended.
2. A use and occupancy permit shall be required prior to any of the
following:
A. Use and occupancy of any new construction.
B. Change in use of any building or structure, whether or not the change
involves physical alteration to the building or structure.
C. Use of land or change in the use thereof.
D. Change in use of a nonconforming use.
3. It shall be a violation of this Chapter for any person to use or
occupy any building, structure, or land until a use and occupancy
permit has been duly issued.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1. Zoning permit and/or use and occupancy permit applications shall
be made in writing by the owner or tenant or authorized agent, and
shall be filed with the Zoning Officer on forms prescribed by them.
2. Upon completion of the erection, addition to, or alteration of any
building, structure, or portion thereof authorized by any building
permit obtained in compliance with this Chapter, and prior to use
or occupancy, the holder of such permit shall notify the Zoning Officer
of such completion. Use and occupancy shall not be authorized until
the Zoning Officer has certified that the requirements of this Chapter
and any other applicable ordinance have been met.
3. Issuance of a use and occupancy permit, or temporary use and occupancy
permit, shall in no way be construed to warrant in any way the workmanship,
safety, or quality of the structure or building materials used to
construct the said structure or alterations thereto.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
If the Zoning Officer determines that an application is in compliance
with the provisions of this Chapter, it shall be his/her duty to issue
the appropriate permit; and if he/she determines that an application
is not in compliance with the provisions of this Chapter, it shall
be his/her duty to refuse the permit, in which case he/she shall inform
the applicant of their right to appeal to the Zoning Hearing Board
for relief.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
An appeal from the decision of the Zoning Officer shall be filed within 30 days, according to the procedures set forth in §
27-605 of this Chapter.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
The applicant for a zoning permit or use and occupancy permit
shall, at the time of making application, pay to the Borough, a fee
in accordance with a fee schedule adopted by resolution of the Borough
Council.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
In accordance with Section 619 of the Pennsylvania Municipalities
Planning Code, as amended, the provisions of this Chapter shall not
apply to any public utility.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005; and
by Ord. No. 01-2019, 1/2/2019]
Wherever federal- or state-owned property is included in one or more zoning districts, it shall be subject to the provisions of this chapter only insofar as is permitted by the Constitution and Laws of the United States of America and of the Commonwealth of Pennsylvania. In the case of municipally owned property, the provisions of this chapter shall not apply, with the exception of Part
17, FP - Floodplain Conservation District, which shall apply to municipally owned property with full force and effect.