[Adopted 9-17-1985 by Ord. No. 7-1985]
This article shall be known and may be sited
as the "Commercial and Industrial Zone Change of Use Ordinance."
The Mayor and Council of the Township of Logan
finds as a matter of fact that there exists a potential threat and
danger to the health, safety and welfare of the citizens of the township
in that new tenants on existing property and structures in both the
commercial and industrial zone often permit or operate businesses
that may have a substantial impact upon the health, safety and environment
of the residents of the Township of Logan without first notifying
the township of the nature of these businesses. The Mayor and Council
recognizes that actual and potential dangers exist and deem it in
the best interest of the community and of good government to always
know of changes in the use of property within the commercial and industrial
zones.
A.
From the effective date of this article, no premises
or portion of premises in a commercial or industrial zone shall be
used, rented, rerented or sold and thereafter occupied by a new tenant
or owner without application having first been made to the Township
of Logan, Code Enforcement Department, for a certificate of occupancy.
No temporary certificate of occupancy shall be issued. A certificate
of occupancy shall be issued by the Code Enforcement Officer upon
his determination that all state, county and township code conditions
have been complied with concerning fire and environmental safety protection
and that necessary provisions for special equipment to combat any
potential hazard shall have been made.
B.
Upon receipt of any application for a certificate
of occupancy, the Code Enforcement Officer shall review same with
the Township Fire Marshal, Board of Health Chairman and Township Engineer,
if necessary. To accomplish said reviews by appropriate officials,
the Township of Logan shall have up to 10 days to either issue or
deny a certificate of occupancy. If, after such ten-day period, the
applicant has not been notified of the approval or denial of its application,
then the application shall be deemed to have been approved.
C.
Should an applicant be denied a certificate of occupancy,
then, an appeal to the Township Council shall be filed within 10 business
days of such denial, at which time a hearing and determination will
be made by Council. Council may take up to 14 calendar days to render
its determination.
The owner and tenant of land within the commercial
or industrial sites shall be responsible for compliance with this
article.
Any landowner or tenant who allows a change
of use of real property situate with any commercial or industrial
zone within the Township of Logan without having complied with the
requirements of this article shall, upon conviction, be subject to
a fine of not less than $100 nor more than $500 for each day of noncompliance.
In addition to that penalty, the Code Enforcement Officer shall issue
a notice to cease the use of the property in question until such time
as a certificate of occupancy is issued by the township.
