(A) No building or structure, including mobile homes, shall be erected, added to, or structurally altered until a permit therefor has been issued by the Zoning Officer. All applications for zoning permits shall be in accordance with the requirements of this chapter, and unless upon written order of the Zoning Hearing Board, no such zoning permit shall be issued for any building where said construction, addition or alteration for use thereof would be in violation of any of the provisions of this chapter. Remodeling or improvement of an existing building that does not alter the basic structure, create additional lot area coverage or change the use of the parcel or building is exempt from this specific requirement. A zoning permit shall be required prior to any of the following:
(1) The erection, construction or structural alteration of any building, structure, dwelling or portion thereof;
(2) The moving of a structure into a district or from one place in the district to another;
(3) The change in use of structure or land;
(4) The change or extension of a nonconforming use or structure; and
(5) The operation of or cause to operate a sexually oriented business.
(B) There shall be submitted with all applications for zoning permits, two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size, location and height of the building on the lot and accessory buildings to be erected, and other such information as may be deemed necessary by the Zoning Officer to determine and provide for the enforcement of this chapter.
(C) No permit shall be required for the following:
(1) Minor repairs or maintenance;
(2) Nonstructural remodeling as specified in division (A) above; and
(3) No permit shall be required for a residential accessory structure that has up to and including 150 square feet of floor area. Said accessory structures may be erected and maintained within 15 feet of a rear or side lot line to the rear of the front building line.
(D) Zoning permits issued for the purpose of permitting construction, reconstruction, alterations, repairs, use or the like, shall automatically expire 12 months from the date of issue. Prior to the continuance of the activity, use or change for which the original permit was used, a new zoning permit must be obtained. If however, due to the extent and size of the subject project, it is impossible for the applicant to complete said process prior to the expiration of 12 months, or because of an act of nature, no new permit must be obtained. However, the applicant must advise the Zoning Officer of said expiration and the reason for failure to complete within the specified time. In the event said applicant fails to notify the Zoning Officer, the permit shall immediately expire and no further activity may take place unless a new permit is obtained.
(E) A copy of the permit shall be posted on the premises for public inspection during the prosecution of the work.
(F) Upon completion of the authorized new construction, alteration, remodeling, change of use of building or land under the provisions of a zoning permit, such building or land shall not be occupied until an occupancy permit has been issued by the Zoning Officer. Written request to the Zoning Officer shall be processed within one week of receipt of the request of the proposed use provided the use is in conformity with the provisions of this chapter and other effective and applicable ordinances. The Zoning Officer’s refusal to issue an occupancy permit shall include a written statement to the applicant containing reasons for such denial. No premises, structure or the like shall be used until such time as an occupancy permit has been granted.
(G) Occupancy permits are required for the following:
(1) Occupancy of a new building;
(2) Occupancy and use of a building hereafter moved or altered so as to require a zoning permit;
(3) Change in the use of an existing building other than to a use of the same type;
(4) Occupancy and use of vacant land;
(5) Change in the use of land except to another use of the same type;
(6) Any change in use of a nonconforming use; and
(7) Occupancy permits shall be required for both initial and continued occupancy and/or use.
(H) Occupancy permits shall state that the building or the proposed use of a building or land complies with all applicable provisions of this chapter and authorizes use of the building and/or land so long as such building and use is in full conformity with the provisions of this chapter.
(I) No occupancy permit shall be issued until such time as the applicant has applied for the same, paid the application fee which shall be included as part of the zoning permit fee, and the premises have been inspected by the Zoning Officer or his or her delegate and, thereafter, a determination has been made that the premises are in compliance with this chapter.
(J) No occupancy permit shall be granted until the subject project has been completed and the Zoning Officer has determined the same to be fit for the use intended by the applicant; except that:
(1) If the applicant desires to make use of the premises or project prior to its completion, the same is strictly prohibited until such time as an application has been made for an interim occupancy permit and all rules and regulations pertaining thereto have been determined by the Zoning Officer to have been met; and
(2) If the project has not been completed and a partial use or occupation of the premises is desired by the applicant, the applicant must first make application to the Zoning Officer for an interim occupancy permit, pay a fee equal to the amount of the original cost of the permit, and thereafter, once the same has been examined by the Zoning Officer and has been determined by him or her to be fit for the limited or partial use intended, said applicant may use and/or occupy the premises; however, nothing contained in this provision shall be interpreted or used as an excuse or viewed as a waiver of any of the other terms contained hereinabove pertaining to the completion of the original project.
(K) No-impact home-based business permits.
(1) Application. A no-impact home-based business shall obtain a permit therefor from the Zoning Officer. Said permit shall be renewed annually upon payment of a permit fee as established from time to time by resolution of the Board of Supervisors and subject to inspection by the Zoning Officer to determine continuous compliance with applicable standards. All permits shall be issued for a term of one year, beginning April 1 and ending March 31 of the following year.
(2) Scope. In cases where the Zoning Officer considers the application not within the scope of the no-impact home-based business criteria, the application will be denied. The Zoning Officer will make a decision and notify the applicant in writing within 30 calendar days of the date of application is received.
(3) Voiding of permit. The Zoning Officer may void any no-impact home-based business permit for noncompliance with the criteria set forth in this chapter. Revocation may take place at any time prior to the expiration of the permit. If the permit is revoked or it is not renewed, it becomes null and void, and said use shall be terminated.
(4) Inspection. Applicants shall permit a reasonable inspection of the premises by the Zoning Officer to determine compliance with this chapter.
(L) Home occupation permits.
(1) Application. A request for a home occupation permit shall be applied for on a form provided by the township at the same time as the application for a special exception use and shall be accompanied the prevailing filing fee established by resolution by the Township Board of Supervisors. Such permit will be issued by the Zoning Officer within 45 days after the special exception use is approved by the Zoning Hearing Board.
(2) Scope. In cases where the Zoning Officer considers the application not within the scope of the home occupation criteria approved by the Zoning Hearing Board, the application will be denied. The Zoning Officer will make a decision and notify the applicant in writing within 45 calendar days of the decision of the Zoning Hearing Board.
(3) Voiding of permit. The Zoning Officer may void any home occupation permit for noncompliance with the criteria set forth in this chapter. Revocation may take place at any time prior to the expiration date of the permit. If the permit is revoked or is not renewed, it becomes null and void, and said use shall be terminated.
(4) Renewal. Home occupation may be renewed annually provided there has not been any violation of the provisions of this chapter. Requests for renewals shall be submitted to the Zoning Officer in writing accompanied by the prevailing renewal fee, as established by resolution of the Board of Supervisors, one month prior to expiration of the permit. All permits shall be issued for a term of one year, beginning April 1 and ending March 31 of the following year.
(5) Inspection. Applicants shall permit a reasonable inspection of the premises by the Zoning Officer to determine compliance with this chapter.
(2003 Code, § 170-74) (Ord. 2-93, passed 5-4-1993; Ord. 3-98, passed 10-6-1998; Ord. 1-2004, passed 6-7-2004; Ord. 2-2009, passed 2-1-2010)