[Ord. 206, 2/4/1985; as amended by Ord. 243, 2/27/1996]
1.Â
For the administration of this chapter, a Zoning Officer, who shall
not hold any elective office in the Borough, shall be appointed.
2.Â
The Zoning Officer shall meet the qualifications established by the
Borough and shall be able to demonstrate to the satisfaction of the
Borough a working knowledge of municipal zoning.
3.Â
The Zoning Officer shall administer this chapter in accordance with
its literal terms, and shall not have the power to permit any construction
or any use or change of use which does not conform to this chapter.
4.Â
The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
[Ord. 206, 2/4/1985]
No building or other structure shall be erected, moved, added
to or structurally altered without a permit therefor. No building
permit, as required by the Middleburg Borough Building Code, shall
be issued except in conformity with the provisions of this chapter,
except after written order from the Zoning Hearing Board in the form
of an administrative review, special exception, or variance as provided
by this chapter.
[Ord. 206, 2/4/1985]
1.Â
All applications for building permits shall be accompanied by plans,
in duplicate, drawn to scale, showing the actual dimensions and shape
of the lot to build upon; the exact sizes and locations on the lot
of buildings already existing, if any; and the location and dimensions
of the proposed building or alteration. The application shall include
other information as lawfully may be required by the Zoning Officer,
including existing or proposed building or alteration; existing or
proposed uses of the building and land; the number of families, housekeeping
units or rental units the building is designed to accommodate; conditions
exiting on the lot; and such other matters as may be necessary to
determine conformance with and to provide for the enforcement of this
chapter.
2.Â
The Zoning Officer or his authorized agent shall mark such plans
as either approved or disapproved and attest to the same by his signature
on such copies. The Zoning Officer or his authorized agent shall also
certify on the application for a building permit that the plans and
additional information presented thereon meet the minimum requirements
of this chapter and attest to the same by his signature on such application.
A copy of the application, similarly certified, shall be retained
by the Zoning Officer.
[Ord. 206, 2/4/1985]
It shall be unlawful to use or permit the use of any building, structure or premises or any part thereof hereafter created, erected, changed, converted, altered or enlarged, wholly or partly, in its use or structure, except for minor alterations involving no change in the floor area or use, until a certificate of occupancy shall have been issued therefor. Such certificate shall show that such building, structure or premises, or part thereof, and the proposed use thereof are in conformity with the provisions of this chapter or an order of the Zoning Hearing Board, and the Zoning Officer or his authorized agent shall attest to such conformance by his signature on such certificate. A copy of the certificate of occupancy shall be retained by the Zoning Officer. Under such rules and regulations as may be established by the Zoning Officer, a temporary certificate of occupancy may be issued for part of a building. Failure to obtain zoning approval on a certificate of occupancy shall be a violation of this chapter and punishable under § 27-1404 of this chapter.
[Ord. 206, 2/4/1985]
1.Â
No nonconforming use shall be maintained, renewed, changed or extended
until a certificate of zoning compliance shall have been issued by
the Zoning Officer. The certificate of zoning compliance shall state
specifically wherein the nonconforming use differs from the provisions
of this chapter, provided, upon enactment or amendment of this chapter,
owners or occupants of nonconforming uses shall have six months to
apply for certificates of zoning compliance. Failure to make such
application within six months shall be presumptive evidence that the
property was in conforming use at the time of enactment or amendment
of this chapter. No provision of this section shall be interpreted
to require that a certificate of zoning compliance for nonconforming
uses be issued upon a change of tenant or sale of property to a new
owner.
2.Â
The provisions of this section are applicable only to nonconforming
uses of land, structures or structures and premises in combination
for the purpose of registration of said nonconforming use through
the issuance of a certificate of zoning compliance. It is not the
intent of this chapter to require the registration of conforming land
uses which may deviate from the provisions of the height, area and
bulk regulations or other applicable controls of this chapter.
