The City hereby sets forth the following purpose of this chapter and establishes the following Zoning Officer and Zoning Hearing Board to carry out the intent of this chapter.
The purpose of this article is to define administrative provisions relating to zoning permits.
A. 
For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the City, shall be appointed.
B. 
The Zoning Officer shall meet the qualifications established by the City and shall be able to demonstrate to the satisfaction of the City a working knowledge of municipal zoning.
C. 
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.
D. 
The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of such Officer's employment.
E. 
The Zoning Officer shall have all the powers and responsibilities assigned such Officer this chapter as well as any others assigned by the Municipalities Planning Code, or other state or federal law.
City Council hereby creates, by authority of the Municipalities Planning Code, a zoning hearing board for the City of Altoona, with the powers and duties as outlined herein. The Zoning Hearing Board of the City of Altoona shall consist of five residents of the City, appointed by City Council via a resolution. Each member's term of office shall be five years and shall be so fixed that the term of office of one member of a five-member board shall expire each year. Members of the Zoning Hearing Board shall hold no other office in the City government. The Zoning Hearing Board shall function as required by the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247, as reenacted and amended).
A. 
When zoning permits are needed. A zoning permit is needed before a landowner may have a non-sign structure erected, constructed, altered, converted, or moved onto his or her lot or have a nonconforming, non-sign structure reconstructed, structurally altered, or moved on his or her lot (unless this chapter specifically states otherwise). Article VI of this chapter, Signs, explains when zoning permits are required for signs. No land improvements or other development activities shall be commenced before the involved landowner has a zoning permit for these activities.
B. 
The procedure for obtaining a zoning permit. Anyone who wishes to obtain a zoning permit shall follow the procedure below.
[Amended 7-12-2017 by Ord. No. 5706]
(1) 
Application for permits. All applications for zoning permits shall be accompanied by a drawing in duplicate, drawn to scale, actually showing the shape and dimensions of the lot to be built upon, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of households or dwelling units the building is designed to accommodate, and such information as may be necessary to determine compliance with this chapter and all other pertinent ordinances. One copy of such plans shall be approved. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.
(2) 
Issuance or denial of permits. The issuance or denial of zoning permits shall follow the following procedure.
(a) 
Filing. An application shall not be officially filed until all required information has been submitted as follows:
[1] 
All zoning application packages submitted under this chapter shall include the following elements:
[a] 
One completed and executed original application form. This can be the building permit itself if the Zoning Officer needs no further information.
[b] 
A project narrative may be required which describes the project. For zoning applications, the applicant should make points relevant to his or her case in this document.
[c] 
Three copies of any studies that may be required by the applicable section of this chapter or other controlling law or regulation.
[d] 
The appropriate filing fees as established by resolution of the City Council from time to time. Fees are due at approval.
[e] 
Any additional information as required below or by the standards set forth in the text relating to the submittal.
[2] 
All applications submitted for variances, special exceptions, or conditional use approval shall contain the following information. Due to the wide variety of requests made under zoning provisions, the requirements below are general. The applicant should work with the Zoning Officer to develop a suitable plan for submittal to the reviewing agency. In all cases, the requirements of § 800-15B above apply.
[a] 
A project narrative is required for cases to be decided by the Zoning Hearing Board or City Council. This narrative must describe the project and must explain, point by point, how the application meets the specific requirements for the involved variance, special exception, or conditional use.
[b] 
Photographs of the involved property and its existing condition. All applications involving signs must show detailed, scaled drawings of the proposed signs as well as any existing ones on site.
C. 
Special permit application requirements for industrial zones. In order that the Zoning Officer may have a reasonable basis upon which to approve a proposed industrial operation or an expansion of an existing industrial operation for conformity to the requirements of this chapter, the data required in § 800-56F, Supplemental zoning permit requirements, (under I-L Light Industrial Zone) and § 800-57E, Supplemental zoning permit requirements, (under I-G General Industrial Zone) shall be submitted with an application for a permit, in addition to the requirements aforementioned for a zoning permit in § 800-15, Zoning permits.
D. 
Special permit application requirements for sexually oriented businesses. In order that the Zoning Officer may have a reasonable basis upon which to approve a proposed sexually oriented business or an expansion of a sexually oriented business for conformity to the requirements of this chapter, the data required in § 800-56(c)(2), Sexually oriented business, (under I-L Light Industrial Zone) shall be submitted with an application for a permit, in addition to the requirements aforementioned for a zoning permit in § 800-15, Zoning permits.
E. 
The duration of zoning permits. A zoning permit shall expire within six months of the date of issuance if all required permits have not been approved, regardless of jurisdiction. If all required permits have not been approved in the specified time period, a permit extension may be requested through the Zoning Hearing Board. In such cases, the zoning permit shall remain valid until the Board renders its decision.
F. 
Inspections. In order to determine if the information submitted on or with an application is true and is being adhered to, the Zoning Officer shall have the authority to enter any building, structure, premises, property, or development in the City at any reasonable hour upon presentation of proper credentials. If the party seeking a zoning permit believes that the denial of a zoning permit was made in error, he or she may appeal.
G. 
Revocation of permits. If the Zoning Officer discovers that the development does not comply with the approved application or any applicable laws or ordinances, or if the permit fee required by this chapter has not been paid, or if the Zoning Officer determines that an applicant has made any false statements or misrepresentations regarding the development, the Zoning Officer shall revoke the zoning permit and proceed with whatever legal action is necessary to correct the violation.
H. 
Permits issued in error. Any zoning permits issued in error shall be null and void.
I. 
Appeals. The applicant may appeal the denial of a zoning permit, and aggrieved persons may appeal the issuance of a zoning permit.
A. 
Nothing in this chapter shall require any change in the development or use of a lot or structure for which a zoning permit was officially filed prior to July 24, 2003, or the effective date of an amendment to this chapter; however, no properties or buildings shall deviate from the plans and other information submitted and approved under prior ordinances. Conditional uses, special exceptions, and variances issued under prior ordinances shall become nonconforming uses or structures on July 24, 2003, and all changes from the original plans shall be treated as changes to nonconforming uses under Article III of this chapter, unless such changes comply with this chapter.
B. 
If a zoning permit is issued, the involved development shall not deviate from the plans and other information submitted to the Zoning Officer without the written approval of the Zoning Officer, or the City Council in the case of a conditional or temporary use, and the Zoning Hearing Board in the case of a special exception or variance. Requests for all such approvals shall be submitted in writing to the Zoning Officer.