A.
Appointment. The Borough Council shall appoint the Zoning Officer
and may designate other Assistant Zoning Officers. Assistant Zoning
Officers may serve with the same authority and duties as the Zoning
Officer. The Zoning Officer shall not hold any elective office within
the Borough, but may hold other appointed offices. Any references
in this chapter to Zoning Officers shall include all Assistant Zoning
Officers.
B.
Duties and powers. The Zoning Officer's duties and powers shall include
the following:
(1)
Administering this chapter in accordance with its literal terms,
including receiving and examining all applications required under
the terms of this chapter, and issuing or refusing permits within
the provisions of this chapter;
(2)
Conduct inspections to determine compliance, and receive complaints
of violation of this chapter;
(3)
Keeping records of applications, permits, certificates, written decisions,
and variances granted by the Board, and of enforcement orders, with
all such records being the property of the Borough and being available
for public inspection;
(4)
Reviewing proposed subdivisions and land developments for compliance
with this chapter; and
(5)
Taking enforcement actions as provided by this chapter.
A.
Applicability.
(1)
Any of the following activities or any other activity regulated by
this chapter shall only be carried out in conformity with this chapter:
(2)
Zoning permit. A zoning permit indicates that a zoning application
complies with this chapter to the best knowledge of the applicable
Borough staff.
(3)
Certificate of use and occupancy.
(a)
It shall be unlawful to use and/or occupy any structure, sign,
land area or portion thereof for which a zoning permit is required
until a certificate of use and occupancy for such activity has been
issued by the Borough staff.
(b)
The Borough staff may permit the zoning permit application to
serve as the application for the certificate of use and occupancy.
(c)
The certificate of use and occupancy shall only be issued by
the Borough staff if the Zoning Officer determines that the activity
complies with this chapter, to the best knowledge of the Zoning Officer.
The Borough may also withhold issuance of the certificate until there
is compliance with other Borough ordinances.
(d)
The applicant shall keep a copy of the certificate of use and
occupancy available for inspection.
(e)
Upon the request of an applicant, the Borough staff may issue
a temporary certificate of use and occupancy. Such temporary certificate
may permit an activity to occur in all or part of a structure before
the entire work covered by the permit has been completed.
[1]
However, such temporary certificate shall only be issued if
the applicant proves to the Borough staff that the activity or occupancy
can occur safely without endangering public health or safety.
[2]
The temporary certificate shall establish, in writing, a maximum
time period under which it is valid. A six-month maximum time period
shall apply if not otherwise specified.
[3]
Failure to receive a permanent certificate of use and occupancy
within such time period shall be a violation of this chapter.
[4]
The temporary certificate may be conditioned upon compliance
with certain specific requirements within certain time periods.
B.
Repairs and maintenance. Ordinary repairs and maintenance to existing
structures shall not by themselves be regulated by this Zoning Chapter.
Examples of such work include replacement of a roof or porch that
does not involve enclosure of space. However, such activity may be
regulated by the Borough's Building Code.
C.
Types of uses.
(1)
Permitted by right uses. The Zoning Officer shall issue a zoning
permit or certificate of use and occupancy under this chapter in response
to an application for a use that is permitted by right if it meets
all of the requirements of this chapter.
(2)
Special exception use or application requiring a variance. A zoning
permit or certificate of use and occupancy under this chapter for
a use requiring a special exception or variance shall be issued by
the Zoning Officer only in response to a written approval by the Zoning
Hearing Board following a hearing.
(3)
Conditional use. A zoning permit or certificate of use and occupancy
under this chapter for a use provided as a conditional use shall only
be issued by the Zoning Officer in response to a written approval
by Borough Council, after providing the Planning Commission with an
opportunity for a review.
D.
Applications.
(1)
Submittal. All applications for a zoning permit or to the Zoning
Hearing Board shall be made, in writing, on a form provided by the
Borough. Such completed application, with required fees, shall be
submitted to a designated Borough staffperson.
(2)
Site plan. The applicant shall submit a minimum of one copy of a
site plan with the application if the application involves a new principal
building, expansion of a principal building or addition of three or
more parking spaces. The site plan shall be drawn to scale and show
the following:
(a)
Locations, dimensions and uses of existing and proposed structures,
parking and loading areas, and locations of existing and proposed
uses of areas of land, with existing features clearly distinguished
from proposed features;
(b)
Notes showing the dimensions of all buildings from lot lines
and street rights-of-way;
(c)
Locations of any watercourses and any one-hundred-year floodplain;
(d)
Proposed lot areas, lot widths and other applicable dimensional
requirements;
(e)
Locations and widths of existing and proposed sidewalks.
(3)
Additional information. Any application under this chapter shall
include the following information:
(a)
The address of the lot;
(b)
Name and address of the applicant, and of the owner of the property
if different from the applicant;
(c)
A description of the existing and proposed use of the property;
(d)
All other applicable information listed on the official Borough
application form;
(e)
Information describing the features involved in the application,
such as proposed setbacks for a new building; and
(f)
Such additional information that the Zoning Officer finds is
reasonably necessary to determine compliance with this chapter.
(4)
Submittals to the Board. In addition to the information listed in Subsection D(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a)
The present zoning district and major applicable lot requirements;
(b)
For a nonresidential use:
[1]
A description of the proposed nonresidential operations and
storage in sufficient detail to indicate potential nuisances and hazards
regarding noise, large truck traffic, glare, odors, dust, fire or
toxic or explosive hazards or other significant public health and
safety hazards;
[2]
A list of the maximum hours of operation;
[3]
Heights, locations, methods of illumination and intensity of
exterior lighting and sign lighting;
(c)
A listing of any sections of this chapter being appealed, with
the reasons for any appeal;
(d)
Approximate locations of principal buildings and locations of
streets and alleys and zoning district boundaries within 100 feet
of the boundaries of the tract, and description of uses of adjoining
properties (such as drugstore or single-family detached dwelling);
(e)
Name and address of person who prepared the site plan;
(f)
Signed acknowledgment of the site plan by the applicant; and
(g)
Such additional information required under applicable sections
of this chapter.
(5)
Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application (see definition of "landowner" in Article II).
(6)
Planning Commission review. Any application to the Zoning Hearing
Board or for conditional use approval shall first be submitted to
the Borough Planning Commission to allow their review and comment.
Two additional copies of the site plan shall be submitted by the applicant
for this review.
E.
Issuance of permits.
(1)
At least one copy of each permit application and any other zoning
approval shall be retained in Borough files.
(2)
PennDOT permit. Where necessary for access onto a state road, a Borough
zoning or building permit shall be automatically conditioned upon
issuance of a PennDOT highway occupancy permit.
F.
Revocation of permits; appeal of permit or approval.
(1)
Revocation. The Zoning Officer shall revoke, withhold or suspend
a permit or approval issued under the provisions of this chapter in
case of one or more of the following:
(a)
Any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based;
(b)
Upon violation of any condition lawfully imposed by the Zoning
Hearing Board;
(c)
Any work being accomplished or use of land or structures in
such a way that does not comply with this chapter or an approved site
plan or approved permit application; and/or
(d)
For any other just cause set forth in this chapter.
(2)
Appeals. A party with legitimate standing, or as otherwise provided
by state law, may appeal decisions under this chapter within the provisions
of the Municipalities Planning Code. Any such appeal shall occur within
the time period established in the Municipalities Planning Code. (Note:
As of the adoption date of this chapter, such provisions were in §§ 914.1
and 1002-A.).
G.
Zoning permit for temporary uses and structures.
(1)
A zoning permit for a temporary use or structure shall be required
for any of the following:
(a)
Customary, routine and accessory short-term special events,
provided that only a well-established nonprofit organization or a
permitted place of worship proposing a temporary use to clearly primarily
serve a charitable, public service or religious purpose shall be eligible
to receive approval for commercial-type activities in a district where
a commercial use would not otherwise be permitted;
(b)
Temporary storage and office trailers that are necessary to
serve on-site construction, while such construction is actively underway;
(c)
Such other activities that the applicant proves are routine,
customary and temporary.
(2)
Time period. The Zoning Officer shall state a reasonable maximum
time period on the temporary permit for maximum of 12 months. If no
time limit is stated, then a six-month maximum period shall apply.
A temporary permit may be renewed at discretion of the Zoning Officer.
H.
Compliance with Chapter 350, Subdivision and Land Development. If an application under this chapter would also be regulated by Chapter 350, Subdivision and Land Development (SALDO), then any permit or approval under this chapter shall automatically be conditioned upon compliance with the SALDO. See the definitions of "land development" and "subdivision" in the SALDO.
A.
After receiving a proper application, the Zoning Officer shall either:
issue the applicable permit(s), or deny the application(s) as submitted,
stating the reasons and citing applicable sections of this chapter.
B.
After the permit under this chapter has been issued, the applicant
may undertake the action specified by the permit, in compliance with
chapters of the Code. Any commencement of construction or a use within
any appeal period shall be at the risk of the applicant, subject to
any periods of appeal provided by this chapter, the Municipalities
Planning Code and any other applicable state laws or ordinances.
A Borough fee schedule for permits and applications may be established
and amended by written resolution of Borough Council. No application
or appeal shall be considered filed until all fees are paid.
