(A) Applicability.
(1) Activities. Any of the following activities or any other activity regulated by this chapter shall only be carried out in conformity with this chapter:
(a) Erection, construction, movement, alteration, razing, demolition, removal, placement or extension of a structure, building or sign;
(b) Change of the type of use or expansion of the use of a structure or area of land;
(c) Creation of a lot or alteration of lot lines; and
(d) Creation of a new use.
(2) Zoning permit. A zoning permit indicates that a zoning application complies with this chapter to the best knowledge of the applicable borough staff.
(a) A zoning permit is required to be issued prior to the start of any of the following activities:
1. Erection, construction movement, placement, razing demolition, removal, alteration or expansion of a structure, building or sign;
2. Change of the type of use or expansion of the use of a structure or area of land;
3. Creation of a new use;
4. Demolition of a building; and
5. Alteration of a building that is required to have a zoning permit under this chapter.
(b) The borough may, at its option, issue combined or separate building permits and zoning permits and/or may utilize a single or separate application for the permits.
(3) Certificate of use and occupancy.
(a) The borough staff may permit the zoning permit application to serve as the application for the certificate of use and occupancy.
(b) The certificate of use and occupancy shall only be issued by the borough staff if the Zoning Officer determines that the use, construction or activity complies with this chapter, to the best knowledge of the Zoning Officer. The borough may also withhold issuance of the certificate until there is compliance with other borough ordinances.
(c) The applicant shall keep a copy of the certificate of use and occupancy available for inspection.
(d) Upon the request of an applicant, the Zoning Officer may issue a temporary certificate of use and occupancy. Such temporary certificate may permit an activity to occur in all or part of a structure before the entire work covered by the permit has been completed.
1. However, such temporary certificate shall only be issued if the applicant proves to the Zoning Officer that the activity or occupancy can occur safely without endangering public health or safety.
2. The temporary certificate shall establish in writing a maximum time period under which it is valid. A six-month maximum time period shall apply if not otherwise specified.
3. Failure to receive a permanent certificate of use and occupancy with such time period shall be a violation of this chapter.
4. The temporary certificate may be conditioned upon compliance with certain specific requirements within certain time periods.
5. See also division (G) below.
(B) Types of uses.
(1) Permitted by right uses. The Zoning Officer shall issue a permit under this chapter in response to an application for a use that is “permitted by right” if it meets all of the requirements of this chapter.
(2) Special exception use or application requiring a variance. A permit under this chapter or a use requiring a special exception or variance shall be issued by the Zoning Officer only in response to a written approval by the Zoning Hearing Board following a hearing.
(C) Applications.
(1) Submittal. All applications for a zoning permit or a decision by the Zoning Hearing Board shall be made in writing on a form provided by the borough. Such completed application, with required fees, shall be submitted to a designated borough staff-person.
(2) Site plan. The applicant shall submit a minimum of two copies of a site plan with the application if the application involves a new principal building, expansion of a principal building or addition of three or more parking spaces. The site plan shall be drawn to scale and show the following:
(a) Locations, dimensions and uses of existing and proposed structures, parking and loading areas, and locations of existing and proposed uses of areas of land, with existing features clearly distinguished from proposed features;
(b) Notes showing the dimensions of all buildings from lot lines and street rights-of- way;
(c) Locations of any watercourses and any 100-year floodplain;
(d) Proposed lot areas, lot widths and other applicable dimensional requirements; and
(e) Locations and widths of existing and proposed sidewalks.
(3) Additional formation. Any application under this chapter shall include the following information, unless the Zoning Officer determines such information is unnecessary to determine compliance with this chapter:
(a) The address of the lot;
(b) Name and address of the applicant, and of the owner of the property if different from the applicant;
(c) A description of the proposed use of the property;
(d) All other applicable information listed on the official borough application form; and
(e) Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter.
(4) Submittals to the Board. In addition to the information listed in division (C)(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a) The present zoning district and applicable lot requirements;
(b) For a nonresidential use:
1. A description of the proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards; and
2. A list of the maximum hours of operation.
(c) The existing directions of stormwater flow (and proposed revision), and any proposed methods of stormwater management;
(d) A listing of any sections of this chapter being appealed, with the reasons for any appeal;
(e) Approximate locations of principal buildings and locations of streets and alleys and zoning district boundaries within 100 feet of the boundaries of the tract, and description of uses of adjoining properties (such as “drug store” or “single-family detached dwelling”);
(f) Heights, locations, methods of illumination and intensity of exterior lighting and sign lighting;
(g) Name and address of person who prepared the site plan;
(h) Signed acknowledgment of the site plan by the applicant; and
(i) Such additional information required under applicable sections of this chapter.
(5) Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application. (See definition of “landowner” in § 154.031.)
(D) Issuance of permits.
(1) Permit application. At least one copy of each permit application and any other zoning approval shall be retained in borough files.
(2) PennDOT permit. Where necessary for access onto a state road, a borough zoning or building permit shall be automatically conditioned upon issuance of a PennDOT highway occupancy permit.
(E) Revocation of permits, appeal of permit or approval.
(1) Revocation. The Zoning Officer shall revoke, withhold or suspend a permit or approval issued under the provisions of this chapter in case of one or more of the following:
(a) Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based. (Note: The Pennsylvania Criminal Code, 18 Pa.C.S.A. §§ 101 et seq., provides for penalties for providing false information to a municipal employee in the carrying out of his or her duties.);
(b) Upon violation of any condition lawfully imposed by the Zoning Hearing Board upon a special exception use or variance;
(c) Any work being accomplished or use of land or structures in such a way that does not comply with this chapter or an approved site plan or approved permit application; and
(d) For any other just cause set forth in this chapter.
(2) Appeals. A party with legitimate standing, or as otherwise provided by state law, may appeal decisions under this chapter within the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10101 et seq. Any such appeal shall occur within the time period established in the Pennsylvania Municipal Planning Code. (As of the adoption date of this chapter, such provisions were in §§ 914.1 and 1002-A, 53 P.S. §§ 10914.1, 11002-A.)
(F) Zoning permit for temporary uses and structure.
(1) A zoning permit for a temporary use or structure may be issued by the Zoning Officer for any of the following:
(a) A customary, routine and accessory short-term, special events, provided that only a well-established nonprofit organization or a permitted place of worship proposing a temporary use to clearly primarily serve a charitable, public service or religious purpose shall be eligible to receive approval for commercial-type activities in a district where a commercial use would not otherwise be permitted;
(b) Temporary storage and office trailers that are necessary to serve on-site construction while such construction is actively underway; and
(c) Such other activities that the applicant proves are routine customary and temporary.
(2) Time period. The Zoning Officer shall state a reasonable maximum time period on the temporary permit. If no time limit is stated, then a six-month maximum period shall apply. A temporary permit may be renewed for just cause for periods of up to one year.
(G) Compliance with borough subdivision and development ordinance.
(1) If an application under this chapter would also be regulated by the borough subdivision and land development ordinance (“SALDO”) (Chapter 153 of this code of ordinances), then any permit or approval under this chapter shall automatically be conditioned upon compliance with the SALDO. See the definitions of “land development” and “subdivision” in the SALDO (§ 153.021).
(2) For example, if an applicant applies for a single-family detached dwelling on a proposed new lot the construction permit for such dwelling shall not be valid until after the lot is granted final subdivision approval and the lot is officially recorded by the County Recorder of Deeds.
(2006 Code, § 27-103) (Ord. 12/18/2003, passed 12-18-2003, § 103) Penalty, see § 154.999