The provisions of this chapter shall be enforced by the Zoning
Officer, who shall be appointed by the Borough Council. The Zoning
Officer shall be appointed at the first meeting of the Borough Council
following the adoption of this chapter to serve until the first day
of January next following and shall thereafter be appointed annually
to serve for a term of one year and/or until his or her successor
is appointed. The Zoning Officer may succeed himself or herself. He
or she shall receive such fees or compensation as the Borough Council,
by resolution, may provide.
The Zoning Officer shall have the duty and power to:
A.
Keep a report of all plans and applications for permits, and all
permits issued, with notations as to special conditions attached thereto.
All records shall be open for public inspection.
B.
Review applications for permits for erection or alteration of structures
or changes of use and determine whether such construction or use is
in accordance with the general requirements of this chapter, all other
applicable ordinances of the Borough, and with the laws and regulations
of the Commonwealth of Pennsylvania. The Zoning Officer shall issue
no permit unless it conforms with all applicable ordinances, statutes,
and regulations of the Borough of Pennsburg.
C.
Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter. In carrying out such surveys, the
Zoning Officer or his or her representatives may enter upon any land
or building within the Borough within the limits of law regarding
trespass and illegal search.
D.
Make written orders requiring compliance with the provisions of this
chapter, to be served personally or by registered mail.
E.
Institute civil enforcement proceedings for the enforcement of provisions
of this chapter, when acting within the scope of his or her employment.
F.
Maintain a map showing the current zoning classification of all land
within the Borough.
G.
Maintain a map and register showing the registration, identity, location,
and type of all nonconforming uses within the Borough.
H.
Participate in all proceedings before the Zoning Hearing Board and
present facts and information to assist the Board in reaching decisions
which shall be compatible with this chapter.
[Amended 11-19-2019 by Ord. No. 5-2019]
With the exception of sheds 50 square feet or less in area,
no building or structure shall be constructed or enlarged in the Borough,
or use of any building changed, until a zoning permit has been secured
from the Zoning Officer. Upon completion of the work authorized by
any permit, the applicant for the permit shall notify the Zoning Officer
of such completion. No permit shall be considered as complete or as
permanently effective until the Zoning Officer has noted on the permit
that the work has been inspected and approved as being in conformity
with the provisions of this chapter.
All applications for zoning permits shall be made in writing
by the owner or tenant or authorized agent and shall be filed with
the Zoning Officer. The application:
A.
Shall include a statement as to the proposed use of the buildings
or land.
B.
Shall be accompanied by a plan, drawn to scale, showing the location
of the buildings in relation to all abutting property and street lines.
C.
Shall include a statement that the side lines of all roads shown
on the plan have been located and staked on the premises by a registered
professional engineer or registered land surveyor competent to give
such location.
D.
Shall give the name and address of the person who has so located
and staked the street lines. In the case of signs, the size, height,
location, and construction shall be shown on the application.
A permit issued under the authority of this chapter shall expire
six months after date of issuance unless the permittee shall have
commenced substantial construction or utilization of the property
which is the subject of the permit in accordance with the intent thereof
within such period.
An appeal from the determination of the Zoning Officer shall
be taken within the limits and according to the procedures described
in the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
An application for special exception, or for a variance from
the terms of this chapter, or an appeal from a decision of the Zoning
Officer may be filed with the Secretary of the Zoning Hearing Board
and shall state:
A.
The name and address of the applicant.
B.
The name and address of the owner of the real estate to be affected
by the proposed special exception or variance.
C.
A brief description and location of the real estate to be affected
by such proposed change.
D.
A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use thereof.
E.
A statement of the section of this chapter from which the variance
is required, or special exception may be allowed, and the reasons
why it should be granted.
F.
A reasonably accurate description of the present improvements and
the additional improvements intended to be made under the application,
indicating the size of the lot and size of improvements now erected
and those proposed to be erected thereon.
The applicant for a permit shall, at the time of making the
application, pay to the Zoning Officer a fee in accordance with a
fee schedule adopted by the Borough Council by resolution.
