A.
A Zoning Officer designated by the Borough Council shall administer
and enforce this chapter. He may be provided with the assistance of
such other persons as the Borough Council may direct. The Zoning Officer
shall not hold any elective office in the municipality. The Zoning
Officer shall meet qualifications established by the municipality
and shall be able to demonstrate to the satisfaction of the municipality
a working knowledge of municipal zoning. 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. Zoning Officers may
be authorized to institute civil enforcement proceedings as a means
of enforcement when acting within the scope of their employment.
B.
If the Zoning Officer shall find that any of the provisions of this
chapter are being violated, he shall notify in writing the person
responsible for such violations, indicating the nature of the violation
and ordering the action necessary to correct it. He shall order discontinuance
of illegal use of land, buildings or structures; removal of illegal
buildings or structures or of illegal additions, alterations or structural
changes; discontinuance of any illegal work being done; or shall take
any other action authorized by this chapter to ensure compliance with
or to prevent violation of its provisions.
A.
A landowner, tenant and/or contractor shall obtain a zoning permit
from the Zoning Officer for activities falling within any of the following
categories:
(1)
The erection, construction, demolition, alteration, extension, replacement,
relocation or conversion of any building or structure or any activity
to prepare the site for the erection, construction, demolition, alteration,
extension, replacement, relocation or conversion of any building or
structure.
(2)
The change in the use of a building, structure, sign and/or land,
including activities to prepare the site for a change in use.
(3)
Any nonagricultural grading, blasting, excavating, cutting or filling
which causes disturbance of the following areas: a) activities resulting
in an aggregate disturbance of more than 1,000 square feet of area
with existing undisturbed slopes between 0% and 5%; or b) activities
resulting in an aggregate disturbance of more than 500 square feet
with existing undisturbed slopes between 5% and 15%; or c) activities
resulting in the disturbance of any land with existing slopes over
15%; or d) activities disturbing existing slopes over 5% which are
within 25 feet of any property line, right-of-way or structure on
an adjoining lot.
B.
No zoning permit shall be required for repairs to or maintenance
of any building, structure or land, provided such repairs do not change
the use, alter the exterior dimensions of the building or structure,
or otherwise violate the provisions of this chapter or any other applicable
Borough or county ordinance or applicable statute or regulation. This
provision shall not alter the requirement for zoning permits in the
floodplain district.
A.
The applicant for a zoning permit shall submit an application on
forms provided by the Borough. The application may be made by the
owner or lessee of the property or the agent of either; provided,
however, that if the application is made by a person other than the
owner or lessee, the application shall be accompanied by a written
authorization from the owner or lessee designating the agent and authorizing
the work.
B.
The application for a zoning permit shall include: 1) a description
of the proposed work and/or use and occupancy of the building, structure
and/or land as well as any other information required by the application
form or the Zoning Officer to determine compliance with this chapter
and other applicable Borough, county, state and federal ordinances,
statutes and regulations; 2) plans, in duplicate, drawn to scale,
showing the actual dimensions and shape of the lot, the size and location
and dimensions of the proposed use, building or alteration, and other
pertinent information; and 3) the application fee. The application
shall not be considered complete without the fee established by the
Borough Council by ordinance or resolution. The applicant shall also
submit all necessary information to demonstrate:
(1)
Approval and recording of any necessary subdivision and/or land development
plan, if applicable.
(2)
Submission to and approval by the Lancaster County Conservation District
of a sedimentation and erosion control plan where earth disturbance
activities are proposed.
(3)
Issuance of a permit to install or modify an on-lot sewage disposal
system or issuance of a permit by the provider of public sewer service,
as applicable.
(4)
Issuance of a permit to connect to public water supply, if applicable.
(5)
Issuance of any permits required for the relocation or alteration
of any existing public utility line or other facility.
C.
Approval or disapproval of application. Upon receipt of the application,
the Zoning Officer shall examine the application and supporting information
to determine compliance with this chapter and other applicable Borough
and county ordinances, statutes and regulations. The Zoning Officer
shall determine if subdivision and/or land development approval has
been obtained, if state sanitation inspection requirements have been
met and, in the case of public buildings, the required permits have
been issued by the Department of Labor and Industry. If the application
is approved, the Zoning Officer shall forward the approved application
to the Borough Code Official. The Zoning Officer shall disapprove
a permit application which does not comply with all applicable statutes,
regulations and county and Borough ordinances. If disapproved, the
Zoning Officer shall attach a statement to the application explaining
the reason for such disapproval and informing the applicant of his
right to appeal to the Zoning Hearing Board, and return it to the
applicant.
D.
Issuance and posting of permits. Upon approval of the application
by the Zoning Officer, the Zoning Officer shall issue a zoning permit
placard, which shall be visibly posted on the site of operations during
the entire time of construction. The zoning permit shall expire one
year from the date of issuance, provided that it may be extended at
the discretion of the Zoning Officer for six-month periods not to
exceed a total of one year.
E.
Rights of permit holders. The zoning permit shall be a license to
proceed with work described on the approved application. A zoning
permit shall not be deemed to supersede or annul any restrictions
on the use or development of the property imposed by deed restrictions,
restrictive covenants, or other private agreements. Permit holders
shall proceed with work at their own risk and subject to the rights
of aggrieved parties to appeal the issuance of the zoning permit as
authorized by the Municipalities Planning Code or to take action to
enforce deed restrictions, restrictive covenants, or private agreements
as authorized by law.
F.
Revocation of zoning permit. The Zoning Officer shall revoke a zoning
permit or approval issued under the provisions of this chapter in
the case of any false statement or misrepresentation of fact in the
application on which the permit or approval was based, or if the permit
or approval was issued in error, or if the work is not undertaken
in accordance with terms of the permit or approval, or for any other
proper cause.
A.
It shall be unlawful to use or occupy or permit the use or occupancy
of any building or premises, or both, or part thereof hereafter created,
if erected, changed, converted or wholly or partly altered or enlarged
in its use of structure until a certificate of zoning compliance has
been issued by the Zoning Officer stating that the proposed use of
the building or land conforms to this chapter.
B.
No nonconforming structure or 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. Upon enactment or amendment of this
chapter, owners or occupants of nonconforming uses or structures shall
apply for certificates of zoning compliance. Such certificate shall
be authorized by the Zoning Officer and shall certify to the owner
his right to continue such nonconforming use or structure.
C.
No permit for erection, alteration, moving or repair of any building
shall be issued until an application has been made for a certificate
of zoning compliance, and the certificate shall be issued in conformity
with the provisions of this chapter upon completion of the work.
D.
The Zoning Officer may and, if requested by the permit holder, shall
make at least one inspection during the progress of the work and before
issuance of the certificate of use and occupancy to assure that all
provisions of this chapter and all other ordinances of Adamstown Borough
have been complied with.
It is recognized that it may be in accordance with the purpose
of this chapter to permit temporary activities for a limited period
of time, which activities may be prohibited by other provisions of
this chapter. If such uses are of such a nature and are so located
that, at the time of petition of special exception, they will: 1)
in no way exert a detrimental effect upon the uses of land and activities
normally permitted in the zoning district; or 2) contribute materially
to the welfare of the Borough, particularly in a state of emergency,
under conditions peculiar to the time and place involved. Then, the
Zoning Hearing Board may, subject to all regulations for the issuance
of special exceptions elsewhere specified, direct the Zoning Officer
to issue a permit for a period of time as designated by the Zoning
Hearing Board. In no case shall the temporary use be permitted to
continue beyond the minimum time necessary to alleviate the applicant's
hardship.
Zoning permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning Officer authorize only the use, arrangement and construction set forth in such approved plans and applications. Use, arrangement or construction at variance with that authorized shall be deemed violation of this chapter and punishable as provided by Article XIII hereof.
