A.
Appointment. The position of Zoning Officer for Charleston Township
is hereby created and the Board of Supervisors shall appoint a Zoning
Officer pursuant to the provisions of Section 614 of Act 247, as amended,
the "Pennsylvania Municipalities Planning Code."[1]
[1]
Editor's Note: See 53 P.S. § 10614.
B.
Powers and duties. The Zoning Officer shall administer this chapter
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 the requirements of this chapter. Within this power,
the Zoning Officer shall have duties as follows:
(1)
The Zoning Officer shall receive applications for, and issue
zoning and sign permits, certificates of use and occupancy and stop-work
orders in accordance with the provisions of this chapter.
(2)
The Zoning Officer shall make all the required inspections or
he may, subject to the approval of the Board of Supervisors, engage
such expert opinion as he may deem necessary to report upon unusual
technical issues that may arise.
(3)
At least annually, the Zoning Officer shall submit to the Board
of Supervisors a written statement of all zoning and sign permits,
certificates of use and occupancy issued, and notices and orders issued.
(4)
An official record shall be kept of all business and activities
of the office of the Zoning Officer specified by provisions of this
chapter and all such records shall be open to public inspection at
all appropriate times.
A.
Zoning permit. A zoning permit shall be required prior to the erection,
addition or alteration of any building or portion thereof; prior to
the use or change in use of a building or land; and prior to the changes
or extension of a nonconforming use. It shall be unlawful for any
person to commence work for the erection or alteration of any building
or for a change in land use until a permit has been duly issued therefor.
No zoning permit shall be required in cases of normal maintenance
activities, minor repairs and alterations which do not structurally
change a building or structure.
(1)
Application for permits. All applications for permits shall
be accompanied by plans in duplicate, drawn to scale, showing the
actual shape and dimensions of the lot to be built upon, the exact
size and location of any buildings.
(a)
No building or structure shall be erected, remodeled, added
to or structurally altered until a permit therefor has been issued
by the Zoning Officer. All applications for zoning permits shall be
in accordance with the requirements of this chapter, and unless upon
written order of the Zoning Hearing Board, no such zoning permit shall
be issued for any building where said construction, addition or alteration
for use thereof would be in violation of any of the provisions of
this chapter.
(b)
Remodeling or improvement of existing buildings which does not
alter the basic structure, create additional lot area coverage, or
change the use of the parcel or building is exempt from this specific
requirement, provided the estimated cost of such activities does not
exceed 50% of the fair market value.
(c)
All requests for building permits shall be made in writing by
the owner or his authorized agent and shall include a statement of
the use as intended of the building and shall be accompanied by two
copies of a layout or plat plan drawn to scale showing the actual
dimensions of the lot to be built upon, the exact size and location
of the lot of the building and accessory buildings to be erected and
such other information as may be necessary to determine and provide
for the enforcement of this chapter. When complete and accurate information
is not readily available from existing records, the Zoning Officer
may require an applicant to furnish a survey of the lot by a registered
engineer or registered surveyor.
(d)
One copy of such layout or plat plan shall be returned when
approved by the Zoning Officer together with the permit to the applicant
upon payment of a fee as predetermined from a fee schedule adopted
by the Board of Supervisors.
B.
Occupancy permit.
(1)
A certificate of occupancy, either for the whole or for a part
of a new building or for the structural alteration of an existing
building shall be applied for coincident with the application for
a building permit and shall be issued within 10 days after the erection
or alteration of such building or part of a building shall have been
completed and after due inspection shows the same to be in conformance
with the provisions of this chapter.
(2)
A certificate of occupancy for the use or occupancy of vacant
land or for a change of use in an existing building shall be applied
for and issued before any such land or building shall be occupied,
used or changed in use and such certificate of occupancy shall be
issued within 10 days after application has been made, provided such
proposed use is in conformance with the provisions of this chapter.
(3)
No fee shall be charged for an application for a certificate
of occupancy as required herein, but for the issue of each copy of
said certificate of occupancy, there will be a charge as per a fee
schedule adopted by the Board of Supervisors.
(4)
Refusal by the Zoning Officer to issue an occupancy permit shall
include a written statement to the applicant containing reasons for
such denial.
(5)
Occupancy permits are required for the following:
(a)
Occupancy of a new building.
(b)
Occupancy and use of a building hereafter moved or altered so
as to require a zoning permit.
(c)
Change in the use of an existing building other than to a use
of the same type.
(d)
Occupancy and use of unimproved or vacant land.
(e)
Change in the use of land except to another use of the same
type.
(f)
Any change in use of nonconforming use to a conforming use.
(g)
Any vacant, public, commercial or industrial building.
(6)
Occupancy permits shall state that the building or the proposed
use of a building or land complies with all provisions of law and
of this chapter and all other ordinances of the municipality. They
are deemed to authorize and are required for both initial and continued
occupancy and use of the building and land so long as such building
and use is in full conformity with the provisions of the chapter.
C.
Sign permit.
(1)
No permanent or temporary sign as described in this chapter
shall be erected until a permit therefore has been issued by the Zoning
Officer.
(2)
Application to the Zoning Officer shall be processed within
one week upon receipt of the written request to erect a sign and payment
of a fee as predetermined from a fee schedule adopted by the Board
of Supervisors, provided the size and nature of the sign is in conformity
with the provisions of this chapter, and all other effective and applicable
ordinances. Refusal for a sign permit shall include a written statement
to the applicant containing the reasons for denial.
(3)
Negligence to apply for a sign permit is punishable by a fine
as prescribed by this chapter. Payment of said fine does not grant
approval to erect a sign.
D.
Temporary permit.
(1)
Temporary permits are required where it is intended that a mobile,
temporary or seasonal use be located anywhere within the Township
for a very short period of time. Temporary permits are limited to
a one-week period renewable for a maximum of four weeks during any
one calendar year unless otherwise specified in this chapter.
(2)
Temporary permits are required for and in accordance with the
following:
(3)
No temporary permit shall be issued for any temporary use where
said use would violate any of the provisions of this chapter except
upon approval of the Board of Supervisors.
(4)
Written request to the Zoning Officer for a temporary permit
shall be processed within one week upon receipt of the request and
payment of a fee as predetermined from a fee schedule adopted by the
Board of Supervisors, provided the use does not violate any provisions
of this chapter.
It shall be the duty of the Zoning Officer, or his fully appointed
representative, to make the following minimum number of inspections
on property for which a permit has been issued.
A.
At the beginning of construction. A record shall be made indicating
the time and date of the inspection and the finding of the Zoning
Officer in regard to conformance of the construction with plans submitted
with the application for the building.
(1)
If the actual construction does not conform to the application,
a written notice of a violation shall be issued by the Zoning Officer,
and such violation shall be discontinued. Upon proper correction of
the violation and receipt of written notice from the Zoning Officer,
construction shall proceed.
B.
At the completion of construction. A record shall be made indicating
the time and date of the inspection; the findings of the Zoning Officer
in regard to conformance to this chapter; and the opinion of the Zoning
Officer in regard to the issuance of an occupancy permit.
