A.
Scope.
(1)
No person shall commence to erect, alter, occupy or convert
any structure or building, alter the use of any land or structure,
or commence grading until the Zoning Officer issues a zoning permit
authorizing such change or construction.
(2)
No person shall excavate or store material or equipment on a
lot in connection with the erection, construction, placement, reconstruction,
alteration, repair, extension, replacement, restoration or conversion
of any structure, building or sign until the Zoning Officer issues
a zoning permit authorizing such activity.
(3)
No person shall expand or change a nonconforming use, nor add
to a nonconforming structure, nor change the use of land on which
a nonconforming use or structure is situate, until the Zoning Officer
issues a zoning permit authorizing such activity.
B.
Types of uses.
(1)
A zoning permit for a permitted use may be issued by the Zoning
Officer.
(2)
A zoning permit for a use requiring a special exception or variance
shall be issued by the Zoning Officer only upon the written order
of the Zoning Hearing Board after a hearing.
(3)
A zoning permit for a conditional use shall be issued by the
Zoning Officer only upon the written order of the Borough Council
following a review by the Planning Commission.
C.
Application.
(1)
All applications for a zoning permit shall be in writing on
a form provided by the Borough of Bath Zoning Officer and shall be
submitted to the Zoning Officer together with the required fee.
(2)
By whom applications are made. All requests for permits shall
be made in writing by the legal or equitable owner of the subject
property or their authorized agents or appointees. The owner or equitable
owner shall execute an affidavit through which he/she/it states, under
oath, that any agent is authorized to make the application pursuant
to this section.
(3)
Compliance with other statutes. Prior to the issuance of any
zoning permit, the Zoning Officer shall review the application for
such permit to determine if all other governmental permits known by
the Zoning Officer to be needed (such as those required by the Pennsylvania
Department of Labor and Industry for fire safety of rental units or
business establishments, the Pennsylvania Sewage Facilities Act[1] or the Federal Water Pollution Control Act) have been
obtained. No permit shall be issued until this determination has been
made. The Borough is not responsible for notifying the applicants
of all permits needed.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(4)
Review. In addition to the required reviews, the Zoning Officer
may submit a copy of any plan and application to any appropriate agencies
and/or individuals (e.g., Planning Commission, Borough Engineer, etc.)
for review and comment.
D.
Plans and specifications. Requests for zoning permits shall be accompanied
by two copies of a plot plan which shall:
(1)
Be drawn to the scale one inch equals 20 feet.
(2)
Show the size and location of all new construction as well as
the location of all existing buildings, structures and signs.
(3)
Show the dimensions and area, in square feet and in acres, of
the lot and buildings situate thereon.
(4)
Show the distance of all lot lines to the building restriction
line.
(5)
Show the location of all streets.
(6)
Show all established and proposed street, driveway, parking
area and finished lot grades.
(7)
Show all proposed and existing parking and loading areas.
E.
Conditions of permit. The Zoning Officer shall not issue a zoning
permit unless the following conditions have been met or are satisfied:
(1)
Written approval, where required, from the Zoning Hearing Board
or Borough Council with all conditions required by the Zoning Hearing
Board or Borough Council attached thereto, has been received.
(2)
A written statement from the Zoning Officer that the conditions
as listed in the Zoning Hearing Board's or Borough Council's written
approval have been met, satisfied or are substantially complete, shall
have been placed in the Borough's file regarding the application.
(3)
All applications and support documents have been revised in
accordance with the conditions of any approval given by the Zoning
Hearing Board or Borough Council.
(4)
The building and use conform to the provisions of this chapter
and all other chapters in the Borough except for:
(a)
Variances to this chapter granted or special exceptions allowed
and approved by the Zoning Hearing board as hereinbefore set forth.
(b)
Nonconforming buildings or uses existing prior to the enactment
of this chapter.
(c)
Conditional uses allowed or approved by Council.
(d)
Special exceptions granted by the Zoning Hearing Board.
F.
Issuance.
(1)
The Zoning Officer shall issue or refuse an application for
a zoning permit for a use permitted by right within 30 days after
the date of such application was made except as specifically provided
for in this chapter, or if an extension is granted by the applicant.
(2)
A zoning permit shall be issued in at least triplicate.
(3)
One copy shall be conspicuously posted by the applicant on the
premises. No person shall perform building operations of any kind
unless a zoning permit is being displayed as required by this chapter.
(4)
After the issuance of a zoning permit by the Zoning Officer,
no changes of any kind shall be made to the application, permit, plans,
specifications or other documents submitted with the application without
the written consent of the Zoning Officer.
G.
Compliance with permit. All work to or any use of any building, structure,
sign or land shall conform to the approved application and plan for
which the zoning permit was issued and any approved amendments thereto.
The permit shall not be construed as authority to violate, cancel
or set aside the provisions of this or any other chapter unless otherwise
expressly stated upon the zoning permit.
H.
Duration of zoning permit.
(1)
Except where the duration of the use or building is limited
by action of the Zoning Hearing Board, Borough Council or provisions
of this chapter or any amendment thereto, a zoning permit shall be
valid until such time as there is a change in use or condition for
which the zoning permit was originally issued.
(2)
Where the duration of the use or building has been limited by
action of the Zoning Hearing Board, Borough Council or provisions
of this chapter, or any amendment thereto, the life of the zoning
permit shall be equally limited. In the event that a variance has
been granted or other action has been authorized by the Zoning Hearing
Board, the applicant shall secure the necessary permits and commence
the authorized action, construction or alteration within 180 days
of the final action of the Zoning Hearing Board. The applicant may
request, in writing, extensions of the one-hundred-eighty-day period
stating the reasons for delay. Unless the Zoning Hearing Board finds
such reasons for delay justifiable, it may refuse to extend the one-hundred-eighty-day
period and may, after expiration of said one-hundred-eighty-day period,
rescind or revoke the granted variance, authorization and permit.
When it is suspected that the authorized construction or development
will commence in phases over an extended period of time, the Zoning
Hearing Board may establish a schedule for the procurement of permits
in lieu of the one-hundred-eighty-day period specified hereinabove.
Such permit issued shall become invalid if the authorized work is
suspended or abandoned for a period of one year after the time of
commencing work. Upon expiration or invalidation of the zoning permit,
all other permits issued thereon shall become invalid.
A.
Certificate requirement. It shall be unlawful to use or occupy any
structure, building, sign or land, or portion thereof, for which a
permit is required herein until a certificate of use and occupancy
for such structure, building, sign, use or land or portion thereof
has been issued by the Zoning Officer.
B.
Application. The application for a certificate of use and occupancy
shall be in such form as the Borough Council may prescribe and may
be made on the same application as is required for a permit. The application
shall set forth the intended use or occupancy of any structure, building,
sign or land or portion thereof, for which a permit is required herein.
C.
Inspection. The Zoning Officer shall inspect any structure, building
or sign within 10 days upon notification that the proposed work that
was listed under the permit has been completed; and if satisfied that
the work is in conformity and compliance with the work listed in the
issued permit and all other pertinent laws, he/she shall issue a certificate
of use and occupancy for the intended use listed in the original application.
No occupancy permit shall be issued until the Zoning Officer has determined
that the structure, building or use conforms with the provisions of
the chapter and any and all other applicable codes and regulations.
D.
Maintenance of permit. The certificate of use and occupancy or a
true copy thereof shall be kept available for official inspection
at all times.
A.
A temporary occupancy permit may be secured from the Zoning Officer
when it is necessary to continue a preexisting activity during modification,
alteration or expansion of a building. A temporary occupancy permit
may also be secured when it is necessary to occupy a portion of a
large building or project before the entire building or project is
completed.
B.
The permit shall indicate that the portion occupied complies with
the terms and the intent of the zoning permit and with the provisions
of this chapter and any other applicable codes or regulations.
C.
The Zoning Officer may deny issuance of a temporary occupancy permit
if it is apparent that the intended occupants or the general public
will be subject to hazards that may result from the continued construction
activity or any other cause.
D.
A temporary occupancy permit shall be reviewed whenever conditions
for which it was issued change or the time period for which it was
issued expires.
E.
Temporary occupancy permits automatically terminate when the final
occupancy permit is issued.
A request for zoning, occupancy or temporary occupancy permits
or certificates shall be denied if the information submitted therewith
is incomplete, erroneous or otherwise unsatisfactory, or if the application
fee is not remitted in full. The Zoning Officer may revoke a permit
or approval issued under the provisions of this chapter if it is determined
that any false statement or misrepresentation of fact exists on the
application or on the plans on which the permit or approval was based,
or if permit was issued in error.
Any alteration of the provisions of this chapter shall not require
a change in plans, construction or designated uses of any building
for which a permit has been issued if construction shall have been
commenced within 30 days after advertisement of this chapter, construction
shall have been diligently prosecuted, and the entire building shall
have been completed within the life of the permit or authorized renewals
thereof. In the event that construction has not begun within 30 days
after the advertisement of this chapter or is not diligently prosecuted
or is not completed within the life of the permit or any authorized
renewal, the permit shall lapse and the construction shall be subject
to the zoning regulations existing at the time of said lapse.
It shall be the duty of the Zoning Officer to keep a record
of all applications for zoning and occupancy permits, a record of
all permits issued, together with a notation of all special conditions
involved, and records of all nonconforming uses and structure certificates.
The Zoning Officer shall file and safely keep copies of all plans
submitted which shall form a part of the records of his/her office.
All records and permits issued shall be open to public inspection
at reasonable times.
A.
The owner of a premises occupied by a lawful nonconforming use or
structure shall secure a certificate of nonconforming use or structure
from the Zoning Officer.
B.
Such certificate shall be authorized by the Zoning Officer and shall
certify to the owner his right to continue such nonconforming use
or structure, within the applicable limits of Borough ordinances and
Pennsylvania statutory and case law.
The Zoning Officer shall prepare a quarterly report sheet for
Council summarizing for the period since his last report all zoning,
occupancy and temporary occupancy permits issued, all complaints of
alleged violations and any and all action taken regarding such violations.
