(A) Zoning approval required. It shall be unlawful to use or occupy any structure or lot or part thereof until zoning approval has been issued by the borough. Zoning approval shall state that the proposed use of the structure or lot conforms to the requirements of this chapter, as set forth in § 155.071. Any change in use category shall require the requisite approval.
(B) Nonconforming structure, use or lot. No nonconforming structure, use or lot shall be maintained, renewed, changed or otherwise have any structural alterations made to it or extended until a zoning approval has been issued by the borough.
(C) Time frame. Where zoning approval for occupancy and use is necessary to allow an occupancy permit to be issued pursuant to the Building Code, and where a building permit has been issued, zoning approval for occupancy and use shall be applied for within ten working days after the erection of the structure or structural alteration has been completed.
(D) Temporary zoning approval. Temporary zoning approval may be granted by the Zoning Officer upon filing of a written application for development for temporary zoning approval for occupancy and use when a temporary or permanent occupancy permit is authorized and is eligible for approval under the Building Code or when all work described in the application for development is not complete, and subject to the following:
(1) The applicant shall post an acceptable financial security to the borough to guarantee completion of the work described in an application for development for zoning approval and of all conditions attached to zoning approval within a specified time period; and
(2) There shall be no violations of applicable zoning district regulations.
(E) Zoning approval for occupancy and use. Where zoning approval for occupancy and use is necessary in order to allow an occupancy permit to be issued pursuant to the Building Code for a new or changed use of a lot and where no building permit is required, zoning approval for occupancy and use shall be made directly to the office of the Zoning Officer.
(F) Written notice. Zoning approval under this section shall be issued or a written notice stating why a zoning approval cannot be issued shall be given to the applicant.
(G) Temporary structures. During the time of construction of a structure for which zoning approval has been granted and a building permit has been issued, the Zoning Officer may issue zoning approval for occupancy and use of a temporary structure for a period not to exceed 12 months. Zoning approval for a temporary structure may be extended upon re-application at the discretion of the Zoning Officer. Zoning approval for a temporary structure shall be canceled upon written notice by the Zoning Administrator if construction of the permanent structure is not diligently pursued.
(H) Failure to obtain approval. Failure to obtain zoning approval shall be a violation of this chapter and may be subject to penalties as provided by this chapter.
(I) Records. The Zoning Officer shall maintain a record of all zoning approvals issued.
(Ord. 1089, passed 5-19-2014) Penalty, see § 10.99