A.
Creation of office. The Office of Zoning Officer is
hereby established.
B.
Appointment. The Zoning Officer shall be appointed
and compensated by the governing body.
C.
Holding other public office. The Zoning Officer may
not hold any elective office in the municipality.
D.
Powers and duties.
(1)
The Zoning Officer shall administer this Zoning Ordinance
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. He shall examine all applications for
permits, issue permits for the construction, alteration, enlargement
and occupancy of all uses which are in accordance with the requirements
of this chapter and all nonconforming uses, record and file all applications
for permits with accompanying plans and documents and make such reports
to the Planning Commission and the Zoning Hearing Board as may be
required.
A.
Purpose. To determine compliance with the provisions
of this chapter, no person shall erect, alter or convert any structure
or building, or part thereof, nor alter the use of any land, subsequent
to the adoption of this chapter until a zoning permit has been issued
by the Zoning Officer.
B.
Application for permits. All such applications shall
be accompanied by plans, in duplicate, drawn to scale, showing the
actual shape and dimensions of the lot or lots to be built upon; its
assessment map and parcel number as recorded; the date of official
record of any lot or lots on which construction is proposed; the exact
size and location of any building, sign, parking or loading area or
other physical feature existing or proposed on the lot; the existing
and intended use of each building or part of a building; the number
of families, dwelling units, employees, offices or other appropriate
units of occupancy which the building is designed to accommodate;
and such other information as may be necessary to determine compliance
with this chapter. One copy of such plans shall be returned to the
owner when such plans shall be approved; one copy of each of all applications
with accompanying plans and documents shall become a public record
after a permit is issued or denied.
C.
Issuance of permits.
(1)
It shall be the duty of the Zoning Officer to issue
a zoning permit, provided that he is satisfied that the structure,
building, sign parking area of premises, and the proposed use thereof,
conform with all requirements of this chapter and that all other reviews
and actions, if any, called for in this chapter have been complied
with and all necessary approvals secured thereof.
(2)
All zoning permits shall be issued in duplicate, and
one copy shall be kept conspicuously on the premises affected, and
protected from the weather, whenever construction work is being performed
thereon. No owner, contractor, workman or other person shall perform
any building operations regulated by this chapter of any kind unless
a zoning permit covering such operation has been displayed as required
by this chapter, nor shall they perform such building operations after
notification of the revocation of said zoning permit.
D.
Denial of permits. When the Zoning Officer is not
satisfied that the applicant's proposed development will meet the
requirements of this chapter, he shall refuse to issue a zoning permit,
and the applicant may appeal to the Zoning Hearing Board for a reversal
of the Zoning Officer's decision.
E.
Revocation of permits. If it shall appear at any time
to the Zoning Officer that the application or accompanying plans are
in any material respect false or misleading or that work is being
done upon the premises differing materially from that called for in
the applications filed with him under existing laws or ordinances,
he may forthwith revoke the zoning permit, whereupon it shall be the
duty of the person holding the same to surrender it and all copies
thereof to the said Zoning Officer. After the zoning permit has been
revoked, the Zoning Officer may, in his discretion, before issuing
a new zoning permit, require the applicant to file an indemnity bond
in favor of the municipality with sufficient surety conditioned for
compliance with this chapter and all building laws and ordinances
then in force and in a sum sufficient to cover the cost of removing
the building if it does not so comply.
A.
For new uses. After completion of the whole building
or structure and upon the sworn application by the owner or his duly
authorized agent, setting forth such facts as the Zoning Officer may
require, and after actual inspection of the premises by the Zoning
Officer or his duly authorized assistant, he shall, upon finding the
facts to be as represented, issue in duplicate an occupancy permit
certifying that the premises comply with the provisions of this chapter
and may be used for the purposes set forth in the permit, which purposes
shall conform with the requirements of this chapter. No change of
use shall be made in any building, structure or premises, or premises
now or hereafter erected or altered, that is not consistent with the
requirements of this chapter. Any person desiring to change the use
of his premises shall apply to the Zoning Officer for an occupancy
permit, setting forth under oath such facts as may be required. A
copy of the occupancy permit shall be kept at all times upon the premises
affected and shall be displayed upon request made by any authorized
official. A record shall be kept on file in the same manner as applications
for zoning permits. No owner, tenant or other person shall use or
occupy any building or structure thereafter erected or altered, the
use of which shall be changed after the passage of this chapter, without
first procuring an occupancy permit, provided that an occupancy permit,
once granted, shall continue in effect so long as there is no change
of use, regardless of change in the personnel of tenants or occupants.
B.
For existing uses.
(1)
Upon written request from the owner, tenant or occupant,
the Zoning Officer, after inspection, shall issue an occupancy permit
for an existing use legally existing at the time this chapter is made
effective, certifying the extent and kind of use and whether any such
existing use conforms with the provisions of this chapter.
(2)
No change or extensions of use and no alterations
shall be made in a nonconforming use or premises without an occupancy
permit having first been issued by the Zoning Officer stating that
such change, extension or alteration is in conformity with the provisions
of this chapter.
(3)
There shall be installed on each inhabited floor of
the dwelling unit a battery-operated smoke detection device, capable
of emitting an audible warning tone upon the detection of smoke. Said
warning device must meet minimum NFiPA standards. The Zoning Officer
shall, as a condition of the issuance of this permit, have the right
to inspect the premises or cause the premises to be inspected by his
duly-authorized representative to insure the proper installation and
operation of the device, in accordance with the provisions of the
BOCA National Building Code in effect at time of such installation.
[Added 2-3-1992 by Ord. No. 1992-4]
A.
Review application and appeals. The Zoning Hearing
Board shall refer to the Planning Commission all applications for
special exceptions and any other applications or appeals which in
their opinion require review by the Planning Commission.
B.
Report to the Zoning Hearing Board. The Planning Commission
may recommend approval, disapproval or approval subject to conditions
or modifications and shall report its findings to the Zoning Hearing
Board within 30 days of receipt thereof, such report shall state all
recommended conditions and modifications and the reasons for such
approval or disapproval.
C.
Addition of other similar uses.
(1)
Procedure. Upon application or on its own initiative and after a public hearing preceded by due notice, the Commission may recommend to the governing body additional uses to be included in § 181-15; provided, however, that such uses conform with the conditions set forth in the special findings required in Subsection C(2) hereof.
(2)
Conditions.
(a)
Such use is not permitted in any other zone
district and, if so permitted, shall not be further permitted in a
more restricted district than the district where such use is first
permitted.
(b)
Such use is more appropriate in the district
or districts where it is added than in any other district or districts.
(c)
Such use conforms to the basic characteristics
of the district to which it is to be added and will not adversely
affect any uses already permitted in such districts.
(d)
Such use does not create any danger to health
and safety.
(e)
Such use is not likely to create any more traffic
than other uses permitted in such districts and does not create any
more dangerous or objectionable influences normally resulting from
other permitted use.
D.
Special exceptions. The Planning Commission shall review all applications for special exceptions in accordance with § 181-24 hereof and shall make recommendations to the Zoning Hearing Board upon a determination of the suitability of such exception in accordance with the standards and criteria set forth in this chapter.
E.
Report to governing body. Following the enactment
of this chapter, the Planning Commission shall, from time to time,
prepare a file with the governing body, but in no case at less than
two-year intervals, a report on the operation of this chapter, including
recommendations on the enactment of amendments, supplements or changes
thereto.
A.
Complaints of violations. Whenever a violation of
this chapter occurs, any person may file a complaint in regard thereto.
All such complaints must be in writing and shall be filed with the
Zoning Officer, who shall properly record such complaint and immediately
investigate and report thereon.
B.
Procedure for abatement of violations. In case any
building, structure or land is or is proposed to be erected, constructed,
reconstructed, altered, converted, maintained or used in violation
of this chapter, the governing body or, with the approval of the governing
body, an officer of the municipality, in addition to other remedies,
may institute in the name of the municipality any appropriate action
or proceeding to prevent, restrain, correct or abate such building,
structure or land or to prevent, in or about such premises, any act,
conduct, business or use constituting a violation.
C.
Penalties. Any person, partnership or corporation
who or which shall violate the provisions of any zoning ordinance
enacted under this chapter or prior enabling laws shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not
more than $500. In default of payment of the fine, such person, the
members of such partnership or the officers of such corporation shall
be liable to imprisonment for not more than 60 days. Each day that
a violation is continued shall constitute a separate offense. All
fines collected for the violation of zoning ordinances shall be paid
over to the governing body.
