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ADMINISTRATION AND ENFORCEMENT
(A) Creation of office. The office of Zoning Officer of the city is hereby created.
(B) Appointment. The Zoning Officer shall be appointed by City Council in accordance with 53 P.S. § 10614 of the state’s Municipalities Planning Code (Planning Code).
(C) Official records. An official record shall be kept of all business of the Zoning Officer.
(D) Compensation of the Zoning Officer. The compensation of the Zoning Officer shall be fixed by City Council.
(Ord. 1347, passed 3-18-1991)
(A) The Zoning Officer shall administer and enforce all the provisions of the zoning ordinance in accordance with its literal terms.
(B) The Zoning Officer shall have such duties and powers as are conferred on him or her by the zoning ordinance and the Planning Code, and shall include, but not be limited to, the following.
(1) Applications, permits, zoning certificates of use and occupancy. The Zoning Officer shall receive applications for zoning certificates and building permits and issue permits and zoning certificates of use and occupancy.
(2) Inspection and right of entry. The Zoning Officer may examine or cause to be examined all structures and/or land for which an application has been filed for zoning certificate and he or she may conduct such inspections from time to time during and at completion of the work for which a zoning certificate has been issued. The Zoning Officer shall have the authority to enter, at any reasonable hour, any structure and/or land in the city to enforce the provisions of the zoning ordinance. A letter or other identification of his or her authority shall be provided by City Council and shall be displayed for the purpose of identification.
(3) Non-conforming uses. The Zoning Officer shall identify and keep an up-to-date register of all nonconforming uses and non-conforming structures.
(4) Civil enforcement. The Zoning Officer shall be authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his or her employment.
(Ord. 1347, passed 3-18-1991)
The application for a building permit also applies for a zoning permit/certificate as a required by this chapter. The permit and certificate may be combined on one form.
(A) When permit is required. It shall be unlawful to erect, enlarge, construct, reconstruct or structurally alter any building and/or other structure or change the use, intensity of use or extend or displace the use of any building, other structure and/or land in the city without first filing an application with the Zoning Officer in writing and obtaining the required permit.
(B) When a zoning certificate of use and occupancy is required. It shall be unlawful to use and/or occupy any building, other structure and/or land for which a permit is required until a zoning certificate of use and occupancy for such building, other structure and/or land has been issued by the Zoning Officer. The application for issuance of a certificate of use and occupancy shall be made at the same time an application for a permit is filed with the Zoning Officer.
(C) Forms of application. The application for a permit and a zoning certificate of use and occupancy shall be submitted in such form as the Zoning Officer may prescribe and shall be accompanied by the required fee as established by City Council.
(D) By whom application is made. Application for a permit and a zoning certificate of use and occupancy shall be made by the owner or lessee of the building, other structure and/or land or agent of either or by the contractor, engineer or architect 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 that the qualified person making the application for the proposed work 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.
(E) Description of work. The application shall contain a general description of the proposed work, its location, the use and/or occupancy of all parts of the building, other structure and of all portions of the site or lot not covered by the building and/or other structure and use of land, proposed parking and/or loading facilities, if required herein, and such additional information as may be required by the Zoning Officer.
(F) Plat plan.
(1) There shall also be filed not less than one copy of a plat plan showing to scale or approximate scale at least the following:
(a) Size and location of all new construction and all existing buildings, and/or other structures on the site, dimensions and area of the lot, distances from lot lines and the location and approximate street grades;
(b) All existing, proposed, extended and/or new uses of buildings, other structures and/or land;
(c) Proposed and existing parking and/or loading facilities if required herein;
(d) The plat plan shall be drawn in accordance with an accurate boundary line survey or such other evidence of property ownership as is acceptable to the Zoning Officer; and
(e) Such additional information as may be required by the Zoning Officer.
(2) Where complete and accurate information is not readily available from existing records, the Zoning Officer may require the applicant to furnish a survey of the lot by a registered engineer or surveyor at the applicant’s expense. Each applicant shall be required to attest to the correctness of the data and statements furnished in the application.
(G) Expiration of permits. If work described in any permit is not started within 12 months from the date of issuance, the permit shall expire and a written notice shall be given by the Zoning Officer to the persons affected. If work described in any permit has not been substantially completed within the time specified in division (H) below, the permit shall expire and written notice to that effect shall be given by the Zoning Officer to the persons affected. Work as described in the cancelled permit shall not proceed unless a new permit is obtained.
(H) Substantial completion.
(1) The outside of all new structures for which a building permit has been issued shall be substantially completed within a period of time from the date construction is started. Substantially completed shall be construed to mean that roof and exterior walls are finished, including painting, except block, brick or prefinished material, and that all exterior doors and windows are installed.
(2) It shall also mean that the lot shall be cleared of debris and graded. Maximum periods for substantial completion are as follows:
Additions to gross floor area (residential and non-residential) | 1 year |
Demolition or miscellaneous construction which does not increase floor area | 6 months |
Non-residential construction (new) | 2 years |
Residential construction (new) | 2 years |
Residential garages | 1 year |
(Ord. 1347, passed 3-18-1991)
(A) Action on application. The Zoning Officer shall act on all applications for a permit within ten business days after the completed application is filed. If the requirements of the zoning ordinance and other applicable ordinances are satisfied, a permit shall be issued.
(B) Posting a permit. The permit issued by the Zoning Officer shall be posted at the work site until the permit expires or the certificate of use and occupancy is delivered.
(C) Revoking a permit. The Zoning Officer may revoke an issued permit if it is determined that any false statement or misrepresentation of fact was in the application for the permit.
(D) Action upon completion.
(1) Upon completion of the permitted work and prior to use and occupancy, the holder of the permit shall notify the Zoning Officer of such completion. Within ten business days after receiving notice of completion, the Zoning Officer shall conduct a final inspection of all permitted structures and/or land. All violations of the permit and plans shall be recorded and presented in writing to the holder of the permit within 15 business days of receipt of notification of completion of work.
(2) If the Zoning Officer has determined that the completed work conforms with the issued permit and complies with the zoning ordinance and other applicable ordinances, he or she shall issue a certificate of use and occupancy for the use indicated in the permit within 15 business days of notification of completion of work.
(Ord. 1347, passed 3-18-1991)
(A) If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action and specifying the maximum number of days to correct the violation.
(B) The notice shall include the fact that the recipient has the right to appeal to the Zoning Hearing Board within a prescribed period of time. This enforcement notice shall comply with 53 P.S. § 10616.1 of the Planning Code.
(Ord. 1347, passed 3-18-1991)
(A) If the notice of violation is not complied with, the Zoning Officer has the authority to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his or her duties under this chapter.
(B) In addition, City Council may institute any appropriate action or proceedings under 53 P.S. § 10617 of the Planning Code. Enforcement remedies shall be initiated before the District Justice.
(Ord. 1347, passed 3-18-1991)
(A) Notice to owner. Upon notice from the Zoning Officer that work on, or use or occupancy of any building, other structure and/or land has been determined, to be contrary to the zoning ordinance, such work shall be immediately stopped. The stop work order shall be in writing to the owner of the property involved and shall state the conditions under which work or use or occupancy may be resumed.
(B) Conditions of discontinued work. Any person who has been served with a stop work order or discontinues or abandons work shall not leave any building, other structure and/or land in such condition as to be a hazard to the public. The Zoning Officer shall have the authority to require that such building, other structure and/or land shall be put in such condition as he or she determined, and the work on it shall be at the full expense of the recipient of a stop work order.
(Ord. 1347, passed 3-18-1991)
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