[Ord. 1112, 1/19/2010]
A.
Administration and enforcement.
(1)
Appointment and powers of Zoning Officer.
(a)
For the administration of this chapter, a Zoning Officer, who
shall not hold any elective office in the Borough, shall be appointed.
(b)
The Zoning Officer shall meet the qualifications established
by the Borough and shall be able to demonstrate to the satisfaction
of the Borough a working knowledge of municipal zoning.
(c)
The Zoning Officer shall strictly construe this chapter and
shall administer it 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 this chapter.
(d)
The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
(2)
If the Zoning Officer shall find that any provisions of this
chapter are being violated, he shall notify the owner of the lot upon
which such violation is occurring by registered mail.
(4)
All questions of interpretation of this chapter shall be first
presented to the Zoning Officer, and such questions shall be considered
by the Zoning Hearing Board only on appeal from the determination
of the Zoning Officer.
(5)
The Zoning Officer shall keep records of all applications either
approved or disapproved, including one copy of each permit issued;
shall maintain a journal of his activities; and shall submit a report
annually, in time for its February regular meeting, to the Borough
Council and to the Borough Planning Commission.
B.
Permits.
(1)
No building shall be expanded, structurally altered or occupied,
and no use shall be commenced, altered or changed, without first obtaining
a zoning permit and all other applicable permits from the Zoning Officer.
Permits shall be required for construction of fences, exterior walls
and patios but not for the installation or paving of walks or residential
driveways when no earthmoving is involved or for erection of small
auxiliary structures less than 100 square feet in floor area and not
on a permanent foundation.
(2)
Applications for permits shall be made to the Zoning Officer
for the project to be covered by the permit, using forms supplied
by him. The permit shall bear the signatures of both the general contractor
and the owner of the project.
(a)
No permit shall be issued until all other required permits have
been obtained from any other office or agency (local, state, county,
and federal).
(b)
If applicable, no permit shall be issued until the Zoning Officer determines whether a stormwater management plan is necessary for the project to be covered by the permit and, if so, finds that an approved plan meeting the requirements of Chapter 22, Subdivision and Land Development, have been submitted.
(3)
Prior to the issuance of a permit, applicable plans shall be
submitted for review and approval to the Zoning Officer. As required
by the Borough's applicable permit form(s), plans shall show the arrangements
of buildings, structures, parking, and buffer yards and the placement,
species, and size of all plant materials to be placed in buffer yards.
(4)
Applications shall include the following, in triplicate:
(a)
A site plan of the lot upon which the proposed construction
is to occur, drawn to scale and dimensioned, showing the following,
where applicable:
[1]
The boundaries of the lot, indicating dimensions
and total area and names of record of owners of adjoining properties.
[2]
Public streets adjoining the lot, indicating right-of-way
and pavement width.
[3]
Public utilities in the streets adjoining the lot
and/or in easements running across the lot, identified by type and
line size.
[4]
Existing buildings on the lot and the approximate
location of walls of buildings or structures within 50 feet of the
lot boundaries on adjacent properties.
[5]
The proposed building or structure, indicating
height, dimensions between building and structures and all lot boundaries.
[6]
The location of proposed parking and loading areas
and access drives/driveways, indicating the number of parking spaces.
[8]
Topographical information for the area to be developed
at five-foot contour intervals, showing grade changes proposed and
means of collecting and disposing of stormwater.
[9]
Architectural renderings and/or photography of
adjacent buildings, dimension(s) of adjacent buildings and other requirements
as applicable by this chapter.
[10]
The seal of approval of the State Department of
Labor and Industry, if applicable, or in lieu of such seal, the M.A.
number and file number of the project as carried by the Department.
(b)
A narrative statement indicating:
[1]
The proposed use of the structure to which the
permit applies and the use of other buildings or structures on the
lot, if any.
[2]
The number of dwelling units, whether for sale
or rent, or commercial retail or service units, if applicable, that
the building is designed to accommodate.
[3]
If the building or structure is part of a larger
complex of buildings or structures to be erected over time on the
same lot, an indication of location and scheduling of future construction.
[4]
If the building or structure is for commercial,
industrial or multifamily residential use, the area of the lot to
be occupied on the ground by the building or structure.
[5]
A statement giving the developer permission to
build if the developer and owner of the land are not the same person
or corporation.
(c)
The Zoning Officer may waive portions of these requirements
where interior work or construction not affecting the outside dimensions
of an existing building is involved or no site work is included.
(d)
The Zoning Officer may, to satisfy requirements of other development
ordinances adopted by Mechanicsburg Borough, expand the application
form to secure additional information necessary to assure conformance
with such other development ordinances.
(e)
Building plans and specifications as required by the Mechanicsburg
Borough Code relating to building codes/construction.
(5)
Upon completing his inspection and finding the application and
premises compatible, the Zoning Officer shall approve the application
and return one copy of the documents together with a signed permit
authorizing the applicant to proceed.
(6)
If the application is not satisfactory, the Zoning Officer shall
return all but one set of the application documents together with
a letter indicating the specific reasons why the application cannot
be approved and the changes needed to make it acceptable.
(7)
The Zoning Officer shall visit the lot whereon the approved
construction is taking place in order to assure himself that the work
is proceeding in accordance with the application documents. If new
construction is proposed to occupy area adjacent to lot lines, the
Zoning Officer may order the owner to have stakes positioned by a
registered surveyor to indicate the lot line and outline of the new
construction. Subsequently, the Zoning Officer, depending on the type
of construction proposed, shall visit the site after the pouring of
foundation footers, at the conclusion of erection of structural members
and rough-in carpentry, and upon completion of the structure. The
Zoning Officer shall not be denied access to the lot in order to inspect
the construction in progress and may order the work halted pending
appeal to the Zoning Hearing Board or corrected to conform to the
approved application documents.
(8)
If an applicant wishes to amend the use, arrangement or construction
of the structure from that shown on the application documents after
such documents are approved, he shall file with the Zoning Officer
an application for a permit to cover the proposed amendment. All work
shall conform to the approved application documents for which the
permit has been issued and any approved amendments thereto.
(9)
A permit shall become void six months after issuance if commencement
of the use or construction has not been commenced and vigorously pursued.
Notwithstanding the foregoing, all permits shall expire and be null
and void after one year from date of issuance. Upon request, the Zoning
Officer may extend a permit where he/she is satisfied that the construction
or use cannot reasonably be completed with one year and the owner
has pursued such construction or use diligently without interruption.
Continuation of a use or construction after a zoning permit shall
have expired shall be a violation of this chapter.
[Ord. 1112, 1/19/2010]
A.
No land or no structure, whether newly constructed, expanded or altered,
shall be occupied and no use shall be commenced, altered or changed
unless an occupancy permit and all other applicable Borough permits
have been issued by the Zoning Officer. The Zoning Officer shall act
upon all applications for occupancy permits within 15 days of receipt.
The Zoning Officer shall keep a record of all applications and permits.
B.
An occupancy permit shall be a statement issued by the Zoning Officer
setting forth that a building, structure, parcel, or use of land complies
with the provisions of this chapter.
C.
No vacant land shall be occupied or used, and no structure or part
of a structure hereafter erected, substantially altered or changed
in use shall be occupied or used, until an occupancy permit shall
have been issued by the Zoning Officer.
D.
An occupancy permit for the use or occupancy of vacant land or for
a change in the use of land, or for a change in the use of an existing
building, either for a whole or part of a new building or for the
alteration of an existing building, shall be applied for coincident
with the application for a building or zoning permit and shall be
issued or denied within 15 days after a final inspection and approval
by the Zoning Officer.
E.
An occupancy permit for changing or extending a nonconforming use
existing at the effective date of this chapter or an amendment thereto
shall be applied for and issued before any such nonconforming use
shall be changed or extended. Such certificate shall be issued within
15 days after a final inspection by the Zoning Officer.
F.
A record of all certificates of use shall be kept on file in the
office of the Zoning Officer, and a copy shall be furnished on request
to any person having a proprietary or tenancy interest in the building
or land affected.
[Ord. 1112, 1/19/2010]
A.
The purpose of a temporary use permit is to ensure compatibility
of the temporary use with surrounding lots.
B.
A temporary use permit application is available through the Borough
Administration Office. A site plan shall be submitted with a temporary
use permit application.
C.
Areas to be reviewed as part of the permit process may include but
not be limited to traffic circulation, parking, public conveniences,
signs and any other special operating characteristics.
