[Ord. 2008-1, 6/9/2008]
1.
For
the administration of this Chapter, a Zoning Officer, who shall not
hold any elective office in the Borough, shall be appointed by Borough
Council. The Zoning Officer shall meet qualifications established
by Borough Council and shall be able to demonstrate to the satisfaction
of Borough Council a working knowledge of municipal zoning. The Zoning
Officer shall administer this Chapter in accordance with its literal
terms, and he shall not have the power to permit any construction,
or any use or change of use which does not conform to this Chapter
and other applicable Borough codes and ordinances. The Zoning Officer
shall issue all permits required by this Chapter. He may be provided
with the assistance of such other persons as Borough Council may direct.
2.
If the
Zoning Officer shall find that any of the provisions of this Chapter
are being violated, he shall notify in writing the person(s) responsible
for such violations, indicating the nature of the violation and ordering
the action necessary to correct it. (See Article 29, “Violations
and Remedies”). He shall have the authority to order discontinuance
of illegal uses of land, buildings, or structures; removal of illegal
buildings, signs or structures, or illegal additions, alterations,
or structural changes; discontinuance of any illegal work in process;
or any other action provided by this Chapter to ensure compliance
with, or prevent violation of, its provisions.
3.
The
Zoning Officer is authorized to institute civil enforcement proceedings
as a means of enforcement when acting within the scope of his employment.
[Ord. 2008-1, 6/9/2008]
1.
No building,
structure, sign, or land shall be erected, constructed, reconstructed,
altered, converted, removed, moved, added to, used, or the use therein
changed unless and until a building and zoning permit is obtained
from the Zoning Officer.
2.
The
permit requirements shall apply to all permanent, temporary, seasonal,
parttime, or movable buildings, structures, signs, or uses, unless
exempted elsewhere in this Chapter.
3.
Other
Permit Prerequisites. At the time of application, the applicant shall
produce, where applicable, a valid sewage permit, well permit, driveway
permit, road encroachment permit, conservation plan approval, subdivision
and/or land development plan approval or other approval preliminary
to issuance of the building and zoning permit.
[Ord. 2008-1, 6/9/2008]
1.
Applications
for a building and zoning permit shall be filed by the property owner,
his authorized agent or an individual with a proprietary interest
in the property, said individual to hereafter be known as the applicant.
Applications shall be submitted to the Zoning Officer and contain
the following:
A.
Building
and Zoning Permit Application Form. On a form supplied by the Zoning
Officer, the applicant shall provide information to describe the size,
location, and nature of the proposed building, structure, or use.
The applicant shall sign the application form to verify the accuracy
of the information.
B.
Plot
Plan. All applications for a building and zoning permit shall be accompanied
by a plot plan in accordance with the following:
(1)
Three copies of the plot plan shall be submitted. In lieu thereof,
an 8 ½ inch by eleven inch plot plan is acceptable, provided
it is suitable for photocopying.
(2)
The plot plan shall show where applicable, size, shape, and dimensions
of the lot; size and location of all existing buildings; size, location,
and use of all proposed buildings, additions, or alterations parking
lots, parking spaces, driveways, signs, and other site improvements;
and other information as may be necessary to determine conformance
with this Chapter. The applicant shall sign the plot plan to verify
the accuracy of the information.
(3)
Engineering, architectural, or surveyor’s plans may be required
by the Zoning Officer where necessary to accurately depict the proposed
work on a property.
(4)
The Zoning Officer may waive the plot plan requirement where the
applicant satisfactorily demonstrates that the minimum standards are
greatly exceeded.
C.
Other
Permit Prerequisites. At the time of application, the applicant shall
produce, where applicable, a valid sewage permit, road encroachment
permit, Labor and Industry approval, conservation plan approval, subdivision
and/or land development plan approval, or other approval preliminary
to issuance of the building and zoning permit.
D.
Application
Fee. All applications for a building and zoning permit shall be accompanied
by a fee in accordance with the current schedule of fees resolution
adopted by Borough Council.
[Ord. 2008-1, 6/9/2008]
When an applicant fails to (1) complete and sign the building
and zoning permit application form, (2) submit a plot plan and attest
to its accuracy by signature, (3) pay the required application fee,
(4) secure and produce other permit prerequisites, or (5) submit other
information required by the Zoning Officer, the application for a
building and zoning permit shall be deemed incomplete. The Zoning
Officer may notify the applicant to request supplemental information
to complete the application. Such notice shall prescribe a time period,
not to exceed 30 days, for completion of the application by submission
of the supplementary information. Failure to complete the application
shall result in written disapproval, in accordance with §14-2805.B
of this Chapter.
[Ord. 2008-1, 6/9/2008]
1.
After
an application has been determined to be complete or the applicant
has failed to submit requested information in a timely fashion, the
Zoning Officer shall take official action to approve or disapprove
the permit application in accordance with the following:
A.
Approval.
When a completed application is found to conform with the provisions
of this Chapter. The Zoning Officer shall issue and approve building
and zoning permit within 20 days of application completion. Issuance
of the permit shall be accompanied by an approved plot plan, where
applicable, and a placard for display on the premises during the construction
or alteration period. Building and zoning permits are nontransferable
and are valid for work authorized therein only for the owner and property
so designated.
B.
Disapproval.
When a completed application is found not to conform with the provisions
of this Chapter, the Zoning Officer shall disapprove the application
for a building and zoning permit within 20 days of application completion.
Plot plans submitted with the application shall also be disapproved.
Failure to complete the application within the prescribed time period
shall also result in disapproval. The disapproval shall be in writing,
citing the deficiencies of the application. Appeals from disapproval
by the Zoning Officer shall be taken in the manner set forth in Article
30 of this Chapter.
[Ord. 2008-1, 6/9/2008]
1.
Building
and zoning permits are issued on the basis of plans and applications
approved by the Zoning Officer and authorize only the use, arrangement,
and construction set forth in such approved plans.
A.
A building
and zoning permit shall be revoked, in writing, by the Zoning Officer
for any of the following reasons:
(1)
When use, alteration, or construction does not comply with or exceeds
the scope of that authorized by the building and zoning permit.
(2)
When information pertinent to the application for a building and
zoning permit has been falsified or misrepresented.
(3)
When other provisions of this Chapter are violated in conjunction
with the use, alteration, or construction authorized by the building
and zoning permit.
(4)
When the original decision of the Zoning Officer did not conform
to the requirements of this Chapter.
B.
Written
revocation shall be provided to the applicant and shall indicate the
reasons for such action and an order to cease the unlawful construction,
development, use, etc. Additionally, the revocable offenses shall
be deemed a violation of this Chapter and subject the violator to
the penalties provided by Article 29 of this Chapter.
C.
In lieu of revoking the building and zoning permit for the reasons listed in paragraph .A, the Zoning Officer may issue a cease and desist order in situations where revocation is not immediately necessary and the possibility for compliance exists. The cease and desist order shall consist of a written notice to the owner of record that provides information in accordance with §14-2901.
D.
Activity
on the property shall not recommence unless and until compliance is
reached and written notice to proceed has been issued by the Zoning
Officer. Where appropriate, the Zoning Officer may subsequently revoke
the building and zoning permit for noncompliance.
[Ord. 2008-1, 6/9/2008]
[Ord. 2008-1, 6/9/2008]
1.
The
Zoning Officer shall maintain certificate of zoning compliance forms
which shall be utilized to record the following:
A.
Nonconformities.
Owners or occupants of nonconforming uses of land or structures and
land in combination shall obtain a certificate of zoning compliance
to document wherein the use differs from the provisions of this Chapter.
Authorization to renew, change, extend, enlarge, or alter the nonconformity
shall not be granted unless and until the specifics of the nonconformity
are first recorded on a certificate of zoning compliance and the change
or alteration is found to comply with Article 27 of this Chapter.
The Zoning Officer may require written documentation to verify the
characteristics of the use and the dates of establishment.
B.
Approved
Uses and Structures. Owners or occupants of uses or structures authorized
by approved building and zoning permits may request a certificate
of zoning compliance to verify that the use or construction completed
is in compliance with the approved permit and the provisions of this
Chapter. Similarly, owners or occupants of pre-existing conforming
uses or structures may request a certificate of zoning compliance.
Upon receipt of such a request, the Zoning Officer shall inspect the
premises and approve or disapprove a certificate of zoning compliance.
C.
Nothing
contained herein shall preclude the Zoning Officer from conducting
routine inspections and investigations to determine zoning compliance,
nor shall it prevent him from responding to complaints on zoning violations.
Furthermore, violations of the conditions, uses, or construction approved
within a certificate of zoning compliance shall be a violation of
this Chapter, punishable in accordance with Article 29 of this Chapter.
[Ord. 2008-1, 6/9/2008]
Upon written notification by the Zoning Officer of a violation
of the terms of this Chapter, all use, construction, development,
etc. Cited by said notification shall cease immediately and shall
not recommence until such time as written compliance is received from
the Zoning Officer or the Zoning Hearing Board (or Borough Council
in the case of a conditional use) has granted approval, with or without
conditions, of the use, construction, development, etc. Application
for appeal does not authorize continuation of said use, construction,
development, etc., until a final legal determination has been made
and the appeal period has expired.
[Ord. 2008-1, 6/9/2008]
1.
It is
recognized that it may be in accordance with the purpose of this Chapter
to permit temporary activities for a limited period of time, which
activities may be prohibited by other provisions of this Chapter.
If such uses are of such a nature and are so located that, at the
time of petition, they will:
A.
In
no way exert a detrimental effect upon the uses of land and activities
normally permitted in the zone.
B.
Contribute
materially to the welfare of the Borough, particularly in a state
of emergency, under conditions peculiar to the time and place involved;
then the Borough Council may, subject to all regulations for the issuance
of a conditional use elsewhere specified, direct the Zoning Officer
to issue a permit for a period not to exceed six months. Such permits
may be extended not more than once for an additional period of six
months.
