[Ord. 561, 6/6/1988; as amended by Ord. 594, 1/7/1991]
1. 
Appointment. A Zoning Officer shall be appointed by the Borough Council to administer and enforce this Chapter. The Zoning Officer shall not hold any elective office in the Borough. The Zoning Officer shall meet qualifications established by the Borough Council and shall be able to demonstrate to the satisfaction of the Borough Council and working knowledge of municipal zoning.
2. 
Power of Zoning Officer. The Zoning Officer shall administer this Chapter in accordance with its literal terms. He shall not have the power to permit any construction of any use or change of use, which does not conform to this Chapter. He may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment. Should the Zoning Officer be in doubt as to the meaning or intent of any provision of this Chapter, or as to the location of any district boundary line on the official zoning map, or as to the propriety of issuing a building permit in a particular case, he may appeal the matter to the Zoning Hearing Board for its interpretation and decision.
3. 
Inspection of Premises. The Zoning Officer shall have the right and authority, at any reasonable hour, to enter any building, structure, premises, lot or land, whether already erected or in use, or under construction, for the purpose of determining whether or not the provisions of this Chapter are being complied with.
4. 
Complaints Regarding Violations. Any person may file a written complaint with the Zoning Officer. Such complaint shall state fully the basis of any alleged violation of this Chapter. The Zoning Officer shall investigate the complaint and take appropriate action thereon as provided by this Chapter. The Zoning Officer shall provide a written response to the complaint stating his factual findings regarding the alleged violation and the actions taken.
5. 
Violations. If the Zoning Officer shall find, through his independent investigation or through the complaint process, that any of the provisions of this Chapter are being violated, he shall notify in writing the person responsible for such violations by issuing the enforcement notice set forth in § 27-805, Subsection 2. Said notice may include an order to discontinue the unlawful use of land or structures, to removal unlawful structures or unlawful additions and alterations, to discontinue any unlawful work being done, or to take such other action as is deemed necessary to correct the violation. The Zoning Officer shall, with the approval of the Borough Council or when directed by them, institute appropriate action or proceeding in the name of the Borough as set forth in § 27-805 to prevent, restrain, correct or abate the violations set forth in the enforcement notice.
[Ord. 561, 6/6/1988; as amended by Ord. 829, 8/7/2017]
1. 
No building permit shall be issued for the erection, construction, reconstruction, structural alteration, or moving of any building, structure or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this Chapter or unless a variance has been granted by the Zoning Hearing Board.
2. 
Application for Building Permit. All procedures with respect to applications for building permits shall be made in conformity with the provisions of the BOCA National Building Code [Chapter 5, Part 1]. All applications shall include such additional information as is reasonably necessary to enable the Zoning Officer to determine the applicability of any provisions of this Chapter.
3. 
Use to be as Provided in Application and Plans. A building permit issued on the basis of an application and plans shall authorize only the use set forth in the application and plans. Substantial variation in use from the submitted applications and plans shall be deemed a violation of this Chapter. Where substantive changes in use are requested following construction not yet completed, a new building permit shall be required.
4. 
Expiration of Building Permit. Building permits shall expire in accordance with the provisions of the BOCA National Building Code [Chapter 5, Part 1] then in effect.
5. 
Building and Zoning Permits/Approvals for Medical Marijuana Facilities.
A. 
A zoning permit shall be required prior to obtaining a building permit for the construction or erection of a building; the alteration of a building or portion thereof; the use or change in use of a building or land; or any adjustments to a nonconforming use.
B. 
The municipal zoning permit application must be completed.
C. 
Permit fees shall be as stipulated in the fee schedule adopted by resolution of the municipal governing body in effect at the time of application.
D. 
Permits may be denied if the applicant, in the reasonable opinion of the municipal governing body or its appointed designee, fails to comply with any state or local law or regulation.
E. 
In the case of new construction, meeting the Pennsylvania Municipalities Planning Code definition land development plan application is required to be submitted and an approval secured prior to establishment of use.
F. 
If the application is to change the use of the building, or needs to demonstrate allocation of space within a structure, the applicant shall provide architectural drawings prepared by an architect registered in the Commonwealth of Pennsylvania.
G. 
A medical marijuana grower/processor must be legally registered in the Commonwealth and posses a current valid Medical Marijuana Permit from the DoH.
[Ord. 561, 6/6/1988]
1. 
When Required. A certificate of occupancy shall be required whenever there is a change in the use of the lot or land or structures erected thereon, or at the completion of any structure or improvements for which a building permit has been issued or is required. No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless said buildings or structures or parts thereof and the intended use thereof are in conformity in all respects with the provisions of this Chapter.
2. 
Relationship to Zoning Hearing Board Functions. In all matters where a decision of the Zoning Hearing Board is required under this Chapter, the decisions and findings of the Zoning Hearing Board shall direct the actions of the Zoning Officer.
3. 
Existing Uses. Upon written application by the owner or his authorized agent, the Zoning Officer shall issue a certificate of occupancy for any building or structure, lot or land, existing and in use at the effective date of this Chapter, provided that the Zoning Officer shall find that such building or structure, lot or land, is in conformity with the appropriate provisions of this Chapter and with all other Borough ordinances.
[Ord. 561, 6/6/1988; as amended by Ord. 595, 10/7/1991]
Fees for building permit and certificate of occupancy applications and for the issuance of building permits and a certificate of occupancy shall be as provided by Borough Council, from time to time, by resolution.
[Ord. 561, 6/6/1988; as amended by Ord. 594, 1/7/1991]
1. 
Causes of Action. In case any building, structure, landscaping or land is, or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Chapter, the Zoning Officer, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping of land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough Council. No such action may be maintained until such notice has been given.
2. 
Enforcement Notice.
A. 
If it appears to the Borough that a violation of any zoning ordinance enacted under the MPC or prior enabling laws has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this Section.
B. 
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
C. 
An enforcement notice shall state at least the following:
(1) 
The name of the owner of record and any other person against whom the Borough intends to take action.
(2) 
The location of the property in violation.
(3) 
The specific violation with a description of the requirements, which have not been met, citing in each instance the applicable provisions of this Chapter.
(4) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5) 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this Chapter.
(6) 
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
3. 
Enforcement Remedies.
A. 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each lay that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys’ fees collected for the violation of this Chapter shall be paid over to the Borough.
B. 
Any person, partnership or corporation who or which has violated the provisions of the Subdivision and Land Development Ordinance [Chapter 22] of the Borough upon being found liable therefore in a civil enforcement proceeding commenced by the Borough pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation.
C. 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
D. 
Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this Section.
[Ord. 561, 6/6/1988]
Duly certified copies of this Chapter and of the Zoning Map which forms a part hereof, together with copies of any amendments later made hereto, shall be filed in the Borough Secretary's Office and in the Zoning Officer's Office and shall be open to public inspection.
[Ord. 561, 6/6/1988; as amended by Ord. 594, 1/7/1991; and by Ord. 770, 3/7/2011]
1. 
This Chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to insure that both the corporation and the municipality in which the building or proposed building is located, have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties, and otherwise exercise the rights of a party to the proceedings.
2. 
This Chapter shall also not apply to any existing or proposed building, or extension thereof, used or to be used by the Borough of Nazareth or the Nazareth Borough Municipal Authority.