[Amended 6-7-1988 by Ord. No. 879]
A.
The Zoning Hearing Board shall be appointed by Borough Council and
shall consist of three members.
B.
The terms of office of the three-member Board shall be three years
and shall be so fixed that the term of office of one member shall
expire each year.
C.
The Zoning Hearing Board shall promptly notify the Borough Council
of any vacancies which may occur on the Board. Appointments to fill
vacancies shall be only for the unexpired portion of the term.
D.
Appointments to fill vacancies shall be made by Borough Council.
E.
Members of the Board shall hold no other office in the Borough, except
that no more than one member of the Board may also be a member of
the Planning Commission.
[Amended 2-2-1982 by Ord. No. 816]
A.
Procedure. Appeals may be taken to the Board by any person aggrieved
or by any officer of the municipality affected by any decision of
the Zoning Officer. Such an appeal shall be taken within a reasonable
time, as provided by the rules of the Board, by filing with the officer
from which the appeal is taken and with the Zoning Hearing Board a
notice of appeal specifying the grounds thereof. The officer from
whom the appeal is taken shall forthwith transmit to the Board all
the papers constituting the record upon which the action appealed
from was taken.
(1)
Application for special permits are not appeals and shall be made
directly to the Board on receipt of notice to this effect from the
hearing officer. However, no such application shall be made until
the procedures set forth in this section have been complied with and
the application for a permit has been denied by the Zoning Officer.
B.
Applications. All appeals and applications made to the Zoning Hearing
Board shall be in writing on forms prescribed by the Board and approved
by the legislative body, and each appeal or application shall fully
set forth the circumstances of the case. All appeals and applications
to the Zoning Hearing Board shall be accompanied by a fee of $200
to defray the expenses of the hearing by the Board. Every appeal or
application shall refer to the specific provisions of the chapter
involved and shall set forth, as the case may be:
C.
Notification to Planning Commission. At least 10 days before the
date of the hearing required by law on an application or appeal to
the Zoning Hearing Board, the secretary of said Board shall transmit
to the Secretary of the Planning Commission a copy of the notice of
the aforesaid hearing, and the Planning Commission may submit to the
Zoning Hearing Board an advisory opinion in said application or appeal.
D.
Decisions. Every decision of the Zoning Hearing Board shall be recorded
in accordance with standard forms adopted by the Board and appended
to this chapter, which shall fully set forth the circumstances of
the case and the findings on which the decision is based.[1]
E.
Notification of Zoning Officer. The Zoning Hearing Board shall notify
the Zoning Officer of its decision in each case. The Zoning Hearing
Board shall make reports to the legislative body.
A.
Permits and other authorization to conform.
(1)
Compliance with this chapter. No board, agency, officer or employee
of the municipality shall issue, grant or approve a permit or other
authorization, excluding special permits and variances by the Zoning
Hearing Board, for any construction, reconstruction, alteration, enforcement
or moving of any building or for any use of land or buildings that
would not be in full compliance with the provisions of this chapter.
B.
Zoning permits.
(1)
When required. No zoning permit shall be issued until the Zoning
Officer has certified thereon that the proposed building, structure
or alteration and the proposed use thereof comply with the terms of
this chapter.
(2)
Information required. Every application for a zoning permit shall
be accompanied by a plot plan to scale, showing:
(a)
The lot upon which the building is proposed to be erected or
on which it is situated in an existing building.
(b)
Lot dimensions, lot and block numbers and subdivision name,
if any.
(c)
Names and widths of abutting streets.
(d)
Locations, dimensions and uses of any existing buildings on
the lot within 100 feet of the proposed structure, and approximate
location of any other buildings on the lot.
(e)
Locations, dimensions and proposed uses of buildings for which
the permit is sought.
(f)
Dimensions of yards in relation to the building for which the
permit is sought and distance from the proposed building from any
existing building within 100 feet on the same lot.
(g)
North point and uniform scale, as determined by the Zoning Officer.
(h)
Estimated cost of proposed structure.
(3)
Complete and understandable information. No application for a zoning
permit shall be accepted by the Zoning Administrator unless all the
information required on the accompanying plan has been furnished by
the applicant in clearly understandable form.
C.
Occupancy permits.
(1)
When required. None of the following occupancies or changes of use
shall take place until an occupancy permit has been signed by the
Zoning Officer.
(a)
Occupancy and use of a building hereafter constructed, moved
or altered so as to require a building permit.
(b)
Change in the use of an existing building other than to a use
of the same type.
(c)
Occupancy and use of vacant land.
(d)
Changes in the use of land except to another use of the same
type.
(e)
Any change in use of nonconforming use.
(2)
Procedure
for uses when zoning permit is required. When the building is ready
for occupancy, a written request for an occupancy permit must be submitted
to the Zoning Administrator on a form provided by the municipality
after the construction authorized in the zoning permit has been completed
or has progressed to an extent that compliance with the terms of the
zoning permit is ascertainable. If the proposed use is in conformity
with the zoning permit and the provisions of this chapter and all
other applicable laws and ordinances, the occupancy permit therefor
shall be issued within one week following the receipt of such request.
If the request is denied, within one week following the receipt of
such request the Zoning Officer shall issue the applicant a written
statement containing the reasons for such denial.[1]
(3)
Procedure for uses not involving a zoning permit. Written application
for an occupancy permit for the use of vacant land, for a change in
the type of use of land or of a building, or for a change of use of
a nonconforming use as provided herein shall be made to the Zoning
Officer. If the proposed use is in conformity with the provisions
of this chapter and all other applicable laws and ordinances, the
occupancy permit therefor shall be issued within one week following
the receipt of such request. If such request is denied, the Zoning
Officer shall issue the applicant a written statement containing the
reasons for such denial.
(4)
Fees.
Fees for occupancy permits shall be specified by the legislative body.
(5)
Certificate required for contained occupancy. Every occupancy permit
shall state that the land complies with all other ordinances of the
municipality. An occupancy permit shall be deemed to authorize and
is required for both initial and continued occupancy and use of the
building or land to which it applies and shall continue in effect
so long as such building and the use thereof or the use of such land
be in full conformity with the provisions of this chapter and any
requirements made pursuant thereto.
(6)
Violations. On the serving of notice of any violations as to building
or the use thereof, or of land as provided in this section, the occupancy
permit for such use shall thereupon, without further action, become
null and void, and a new occupancy permit shall be required for any
further use of such building or land.
(7)
Duplicate copies. Duplicate copies of every occupancy permit shall
be kept in the office of the Zoning Officer, and copies shall be furnished
on request and on payment of copying costs to any person having a
proprietary or tenancy interest in the building or land affected.
A.
Office and appointment. There is hereby established the office of
Zoning Officer, who shall be the Building Inspector or other official
designated by legislative body.
B.
Powers and duties. Enforcing official. The Zoning Officer shall administer
this chapter and have the powers and duties prescribed herein.
(1)
Right to enter and examine. The Zoning Officer shall have the right
at any time to enter upon any premises for the purpose of making inspection
of buildings or premises necessary to carry out his duties.
(2)
Issue permits. The Zoning Officer shall issue permits as provided
in this chapter and keep a record of all permits issued, with a notation
of all special conditions involved. He shall file and safely keep
copies of all plans submitted, and the same shall form a part of the
records of his office. Such records shall be available for the use
of legislative officials, the Planning Commission, the Zoning Hearing
Board and the public.
(3)
Stop-work orders. Whenever any construction work is being done contrary
to the provisions of this chapter or a permit as issued under it,
the Zoning Officer may order the work or cause such work to be stopped,
and any such person shall forthwith stop such work until authorized
by the Zoning Officer to proceed.
