No person shall excavate for or store material, machinery or equipment on a lot in connection with the erection, enlargement, construction, placement, reconstruction, alteration, repair, extension, replacement, installation, restoration or conversion of any building or structure, or change the use, increase the intensity of use or extend or displace the use of any building, structure and/or lot or portion thereof in the City, nor cause any land disturbance or development of land without first filing an application with the office of the Zoning Administrator in writing and obtaining the required zoning permit therefor. The application for a zoning permit shall be made prior to the time an application for a building permit is filed with the municipal officer who is authorized and designated to issue building permits. For purposes of administration, the zoning permit required herein may be made part of a building permit but shall at no time be construed to be a building permit.
The application for a zoning permit shall be submitted in such form as the Zoning Administrator may prescribe.
Application for a zoning permit shall be made by the owner or lessee or agent or either of the building, other structure and/or lot, or by the contractor or certified design professional employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner or the qualified person making the application that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.
A zoning permit shall be deemed to have been abandoned six months after date of issue unless the authorized development, use and/or construction has been diligently prosecuted, except that, for reasonable cause, the Zoning Administrator may grant up to two extensions of time for additional periods not exceeding 90 days each.
If the time period for a corresponding variance or other action has expired, the zoning permit shall also expire.
The Zoning Administrator shall examine or cause to be examined all applications for permits and amendments thereto within 90 days of the filing of the application. If the application or the plans do not conform to the provisions of this chapter, he/she shall reject such application in writing, stating the reasons therefor. He/she may also have the right to reject the applications or plans if the provisions of any City, county, state or federal laws have not been complied with. He shall also inform the applicant of his right to appeal to the Zoning Hearing Board.
If he/she is satisfied that the proposed use conforms with the regulations and provisions of this chapter and all laws and ordinances applicable thereto, and that the certificate of use and occupancy as required herein has been applied for, he/she shall issue a permit thereafter as soon as practical.
A zoning permit shall not be construed as authority to violate, cancel or set aside any of the regulations and provisions of this chapter, except as specifically stipulated by modification or legally granted variance or special exception by the Zoning Hearing Board; nor shall a zoning permit be construed as a permit to build.
The zoning permit required under this article shall be kept posted upon the premises for which it was issued. It shall be displayed so that it can be seen from the street during the entire time the authorized development and/or construction as defined in the application is being performed.
The Zoning Administrator may revoke a permit, certificate or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based.
Any zoning permit issued shall become invalid if the development is suspended or abandoned for a period of six months after the time of commencing such development as approved by the permit, except that, for reasonable cause, the Zoning Administrator may grant up to two extensions of time for additional periods not exceeding 90 days each.
No change in the use or character of the occupancy of land nor any change in the use or character of occupancy in an existing building or structure shall be made, nor shall any new building or structure be occupied for any purpose, until a certificate of use and occupancy has been issued by the office of the Zoning Administrator. A certificate of use and occupancy shall be required for each lot or use where applicable.
No permit as required under this article shall be issued until an application for a certificate of use and occupancy has been made. Every application for a change in use of a building or structure or for a new or changed use of land where no building permit is required shall be made directly to the office of the Zoning Administrator. The application for such certificate shall be submitted in such form as the Zoning Administrator may prescribe and shall be accompanied by the required fees as prescribed in § 595-27.
No certificate of use and occupancy shall be issued until the erection, construction or alteration has been completed or the use established and inspected and approved by the office of the Zoning Administrator, and the building or premises shall not be occupied until the certificate of use and occupancy is issued, provided that such certificate shall be issued or written notice shall be given to the applicant stating why a certificate cannot be issued not later than 14 days after the office of the Zoning Administrator is notified in writing that the building or premises is ready for occupancy.
Upon request of a holder of a permit, the Zoning Administrator may issue a temporary certificate of use and occupancy for the completion of a structure, building and/or lot, or portion thereof, before the total development covered by the permit shall have been completed, provided such portion may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare. The Zoning Administrator may also issue a temporary certificate of use and occupancy for such temporary uses as a tent, use of land for religious or other public or semipublic purposes, and/or for similar temporary use and/or occupancy. Such temporary certificates shall be for the period of time to be determined by the Zoning Administrator, in no case for a period exceeding six months.
The certificate of use and occupancy shall certify compliance with the provisions of this chapter or, if a lawfully existing nonconforming use, building or structure, it shall state wherein the use, building or structure is nonconforming.
In the discharge of his/her duties, the Zoning Administrator or his/her authorized representative shall have the authority to enter at any reasonable hour any building, structure or premises to enforce the provisions of this chapter.
Nothing in this chapter shall require changes in the plans, construction or designated use of a building, structure and/or lot for which a lawful permit has been issued or otherwise lawfully authorized before the effective date of this chapter and the construction or use of which shall have been actively prosecuted within 14 days after the effective date of this chapter. Any construction or use for which such permit has been issued or otherwise lawfully authorized, which has not been actually prosecuted within the above time limit, shall be required to conform with the regulations and provisions of this chapter.
Permits. A fee shall be submitted with each zoning permit application as provided in Chapter 285, Fees, of the Code of the City of Easton.
Certificate of use and occupancy.
Application. No fee shall be charged for an application for a certificate of use and occupancy.