In addition to building permits as required by the Building
Code of the Borough of Jenkintown, a zoning use permit, which may
be a part of the building permit, shall be required prior to the erection
or structural alteration of any building, structure or portion thereof
prior to the initial use or change in use of a building or land, prior
to the change or extension of a nonconforming structure or portion
thereof, prior to the initial use or change or extension of a nonconforming
use and prior to the change in occupancy of any commercial use or
other nonresidential use. No permit shall be considered complete or
permanently effective until the Building Inspector has certified that
the work has been inspected and approved as being in conformity with
the provisions of this chapter and other applicable ordinances.
A. It shall be the duty of the Building Inspector, and he is hereby
given the power and authority, to enforce the provisions of this chapter.
B. The Building Inspector shall require that the application for a building
permit and a zoning use permit, together with the accompanying plot
plan, contain all the information necessary to enable him to ascertain
whether the proposed building complies with the provisions of this
chapter.
C. Applications for a building permit and zoning use permit shall be
signed by the owner or tenant of the property involved or the legal
representative of such owner or tenant.
D. No building permit or zoning use permit shall be issued until the
Building Inspector has certified that the proposed building, alteration
or use complies with all the provisions of this chapter and other
applicable ordinances.
E. It shall be unlawful for any person to commence work for the erection
or alteration of any building or swimming pool, as defined by this
chapter, until a building permit and a zoning use permit have been
duly issued therefor or to occupy such use until an occupancy permit
has been approved.
F. No building permit or zoning use permit for the erection or conversion
of a commercial building shall be issued until the Fire Marshal, Borough
Fire Chief, Plumbing Inspector and Building Inspector have certified
that the proposed building, alteration or use complies with all the
provisions of this chapter and other applicable ordinances.
G. Hours of operation.
(1) Contractors and builders, including but not limited to construction
contractors, plumbers, electricians, mechanical contractors, mason
contractors and like trades shall be permitted to operate within the
Borough of Jenkintown only between the following hours: Monday through
Friday, 7:00 a.m. to 7:00 p.m.; Saturday, 8:00 a.m. to 5:00 p.m.;
and Sunday 9:00 a.m. to 5:00 p.m.
(2) The provisions of Subsection
G(1) shall apply to all zoning districts within the Borough.
(3) Any violation of this Subsection
G shall be subject to the penalties as set forth in Article
XVIII, Violations and Penalties; Fees, of this chapter.
An appeal or an application for a special exception or variance
from the terms of this chapter may be filed with the Secretary of
the Zoning Hearing Board and shall set forth the following facts:
A. Name and address of the applicant.
B. Name and address of the owner of the real estate to be affected by
the proposed exception or variance.
C. A brief description and location of the real estate to be affected
by such proposed change.
D. Present zoning classification of the real estate in question, the
improvements thereon and its present use.
E. Section of this chapter under which the variance or exception requested
may be allowed and reasons for which it should be granted.
F. A reasonably accurate description of the improvements and the additions
intended to be made under this application, indicating the size of
such proposed improvements, material and general construction thereof
and, in addition thereto, attach a plot plan of the real estate to
be affected, indicating the location and size of the lot and the size
of the improvements now erected and proposed to be erected thereon.
G. A deposit to cover the cost of advertising and notification shall
accompany the application.
H. In order to completely satisfy and enable the Zoning Hearing Board
to judge the full effectiveness of the design and the complete character
of the entire application, full information and sufficient data in
all instances shall be included with the application, as follows:
(1) For any conversion of existing properties, designation of the existing
structure shall be clearly shown on the plan, and any new construction
shall be clearly shown by heavier or crosshatched lines and designated
"new construction." New partitions, doors, entrances, stairways and
windows, giving sizes, shall be clearly designated.
(2) Floor plans and elevations, drawn to a scale showing the entire room
layout, dimensions of all rooms, window location and sizes, width
of all halls and stairways, exits, type of materials to be used, interior
and exterior, and floor material.
(3) Plot plan, drawn to scale, giving the total area of the lot, total
building area proposed on the lot and the location of the building,
giving dimensions to all property lines and street lines. Where buildings
exist on adjoining lots, setbacks of these adjoining properties shall
be shown and distance to any buildings on adjoining lots.
(4) Off-street parking plan, drawn to a scale showing all parking spaces in accordance with Article
XIV, Off-Street Parking and Loading Standards, showing the traffic pattern with adequate driveways connecting the parking spaces with a street or right-of-way. There shall be no more than one entrance and one exit per street from each lot opening into a street or highway. No parking space shall utilize pedestrian sidewalks or block areas devoted to pedestrian use. No parking space shall be within five feet of any street line and shall be designated a grass and planting area. Areas for loading and unloading off street for delivery trucks, refuse, fuel and other service vehicles shall be provided and shall be so arranged that they may be used without blockage with the use of accessways, exits or parking facilities.
(5) Each off-street parking space shall consist of not less than 200
square feet, exclusive of driveways, entrances and exits. Any entrance
or exit to a basement or underground garage shall not have a gradient
steeper than one in seven or 14%, and any columns supporting the building
shall not obstruct the usable parking area for each parking space.
The Building Inspector shall identify and register nonconforming
uses and nonconforming structures in accordance with the requirements
of the Pennsylvania Municipalities Planning Code. It shall be his
duty to prepare or have prepared and to maintain a list or record
of the nonconforming uses and structures within the Borough, which
record shall describe specifically the nature of any nonconformity
and indicate wherein the nonconforming use or structure differs from
the provisions of this chapter.
The conditional use process is designed to allow a careful review
of uses that have some potential for conflicts with adjacent uses
or areas.
Each conditional use shall comply with all of the following
standards:
A. Other laws. It shall not be in serious conflict with other Borough
ordinances or state or federal laws or regulations that the Borough
Council has clear knowledge of.
B. Master plan. It shall be generally consistent with the adopted Comprehensive
Plan.
C. Traffic. It shall not result in or significantly add to a serious
traffic hazard or serious traffic congestion.
D. Safety. It shall not create a significant public safety hazard, including
fire, toxic or explosive hazards.
E. Design. It will involve adequate site design methods, including evergreen
screening, setbacks, berming and traffic control, to avoid serious
negative influences on adjacent uses.
Conditions imposed by the Borough Council shall automatically
become conditions of any building or other permit issued in connection
with the use, and any failure to comply with said conditions shall
be a violation of this chapter as well as of any other ordinance relating
to such permit.