1. Sequence of Steps. Under the terms of this Chapter, all new construction, additions, and changes in the type of occupancy must be made in conformance with the requirements contained herein. All persons desiring to undertake such new construction, additions, or changes shall conform to the following general procedure, as well as to all other applicable provisions this Chapter:
A. Application for Permit. Applicant applies to the Zoning Officer for a zoning permit and occupancy permit by filling out the appropriate application and by submitting the required fee.
B. Issuance of Zoning Permit. If the action proposed in the application is in accord with the regulations contained in this Chapter a zoning permit will be issued by the Zoning Official either on his own authority or, in certain cases as described in subsection .2, below, after referral to the Zoning Hearing Board or to the Planning Commission.
C. Action in Accordance with Zoning Permit. After receipt of the zoning permit the applicant may proceed to undertake the construction, alteration or change in use permitted by the zoning permit.
D. Inspection by Zoning Official. After completion of the construction, alteration or change in use and before occupancy take place on the premises, the Zoning Official inspects the premises and issues an occupancy permit if he finds the action has occurred in accordance with the zoning permit.
2. Zoning Permit Types. Under the terms of this Chapter, five general classes of zoning permits may be issued under which compliance with this Chapter may occur. Each of these classes requires a different procedural action as described below:
A. Permitted Uses. An application for a zoning permit for permitted use in a zoning district requires only the review of the Zoning Official, who determines whether the proposed construction, major alteration or change in use is in accordance with the requirements this Chapter. The Zoning Official then either issues or refuses to issue a zoning permit according to his decision.
B. Special Uses. An application for a zoning permit for a special use must be referred to the Zoning Hearing Board and to the Planning Commission by the Zoning Official. The Zoning Official is not empowered to make an independent decision on this matter, although he may submit recommendations to the Zoning Hearing Board and to the Planning Commission. The Planning Commission reviews the application and analyzes the proposed special use to determine compliance with provisions of this Chapter. The Planning Commission then gives recommendations to the Zoning Hearing Board who meets and makes a final decision on the special use. The Zoning Hearing Board then notifies the Zoning Official to either issue or refuse a zoning permit accordingly.
C. Zoning Permit After an Appeal. The applicant may appeal to the Zoning Hearing Board any action taken by the Zoning Official by submitting an application for an appeal to the Zoning Official and to the Secretary of the Zoning Hearing Board. The Board gives notice of the date for a public hearing and reviews the application to determine if the Zoning Official has acted properly. After the public hearing, and after reaching its decision, the Zoning Hearing Board can order the Zoning Official to either issue or refuse a permit accordingly.
D. Permit After a Variance Request. Where the applicant feels that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Chapter he may appeal for a variance by submitting an application requesting such variance to the Zoning Official and to the Secretary of the Zoning Hearing Board. The Board gives notice of the date for a public hearing and reviews the application. After the public hearing and after reaching its decision the Board can order the Zoning Official to issue or refuse a zoning permit accordingly.
E. Permit After Request for Reclassification or Amendment. Where the applicant feels that this Chapter is in need of change in any part, the applicant may petition the Borough Council to consider an amendment to this Chapter. Such a petition shall be referred to the Planning Commission for their recommendation. The Borough Council may then, after proper notice, hold a public hearing on the proposed amendment. After the hearing the Borough Council shall make their decision on the proposed amendment. If the amendment is adopted the applicant can then proceed to apply for a zoning permit in the manner applicable to the type of use that he wishes to propose.
(Ord. 244A, 3/3/1975, Art. IX, §9.100)