Baldwin Township City Zoning Code
PART 11
ADMINISTRATION
§ 27-1101 Zoning Officer; Appointment.
[Ord. 1-1953, 2/9/1953, Art. X, § 1000; as amended by Ord. 436, 8/7/2007, § 1]
The Township Zoning Officer shall be appointed by the Township Board of Commissioners and shall hold no elective office in the Township. The Township Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate, to the satisfaction of the Township, a working knowledge of municipal zoning.
§ 27-1102 Duties of Zoning Officer.
[Ord. 1-1953, 2/9/1953, Art. X, § 1001; as amended by Ord. 436, 8/7/2007, § 1]
1.
The Zoning Officer's duties shall include the following:
A.
Administer and enforce the provisions of this chapter.
B.
Institute civil enforcement proceedings as a means of enforcement when acting within the scope of his/her employment.
C.
Issue zoning certificates, building permits, certificates of occupancy, sign permits, or any other permits required hereunder.
D.
Maintain a permanent file of all zoning certificates, zoning permits, occupancy permits, sign permits, building permits and applications as public records.
E.
Register and record nonconforming uses.
F.
Inspect all land and structures for which a zoning certificate, building permit, occupancy permit or sign permit has been applied for or issued to determine compliance with this chapter and make all the inspections necessary to enforce the provisions of this chapter.
§ 27-1103 Building Permits; When Required.
[Ord. 1-1953, 2/9/1953, Art. X, § 1002; as amended by Ord. 436, 8/7/2007, § 1]
1.
It shall be unlawful to commence or to continue any of the following prior to the issuance by the Building Inspector of a building permit:
A.
Any excavation for foundation.
B.
The erection, construction, or structural alteration of any structure or part thereof, including accessory structures, as provided hereunder or by the Township's then-applicable building code.
C.
The occupation of a street or alley with building materials or a temporary structure or structures for construction purposes.
D.
A change in the use of any structure erected or constructed before or after the effective date of this chapter.
§ 27-1104 Zoning Certificates.
[Ord. 1-1953, 2/9/1953, Art. X, § 1003; as amended by Ord. 436, 8/7/2007, § 1]
1.
A zoning certificate shall be obtained before any person may:
A.
Occupy or use any vacant land except for agricultural purposes.
B.
Occupy or use any structure hereafter constructed, reconstructed, moved altered or enlarged.
C.
Change the use of a structure or land to a different use.
D.
Change a nonconforming use.
E.
Construct, reconstruct, move, structurally alter or enlarge any structure or building, including any accessory structure.
2.
Application for a zoning certificate for all uses other than a single-family or two-family dwelling shall be accompanied by a development plan, as defined herein, together with a filing fee in accordance with a schedule affixed from time to time by a resolution of the Township Board of Commissioners.
3.
Any proposed use or expansion or change of any existing use which is authorized in a zoning district as a conditional use or use by special exception shall require approval of the conditional use or use by special exception in accordance with the procedures specified in this chapter as a prerequisite to issuance of a zoning certificate by the Zoning Officer.
§ 27-1105 Application for Building Permit.
[Ord. 1-1953, 2/9/1953, Art. X, § 1004; as amended by Ord. 183, 7/3/1967, § 1; and by Ord. 436, 8/7/2007, § 1]
Each application for a building permit shall be filed with the Zoning Officer and shall contain all the information necessary to enable the Zoning Officer to ascertain whether the proposed excavation, erection, construction, structural alteration, occupation, use, and/or change in use will comply with the provisions of this chapter. In addition to other necessary data, the application shall be accompanied by a plot plan in duplicate, drawn in scale, showing the land involved, the location of all existing and proposed buildings and other structures thereon, the location of all abutting streets, road, and alleys and the location of all existing buildings and abutting land within 120 feet of the side and rear lot lines of the land involved, and any other information required by the Township's then-applicable building code. The application shall also show the name and address of the applicant. An application for a building permit may be filed by the owner, tenant, lessee, general agent, architect, engineer or building contractor of the building or premises involved. Said application must be signed by the owner and the contractor responsible for construction, excavation, erection, alteration, occupation, use, and/or change in use of the building or premises involved. Said contractor shall present the application to the Zoning Officer only after said application has been signed by both parties.
§ 27-1106 Decision on Permit Application; Time Limit.
[Ord. 1-1953, 2/9/1953, Art. X, § 1005]
The Zoning Officer shall, within two weeks after the filing of an application in proper form, make and file his written decision as to whether or not the proposed excavation, erection, construction, structural alteration, occupation, use, and/or change in use will comply with the provisions of this chapter, and shall, within such period, deliver a copy of his decision, together with a copy of the building permit, if any, pursuant to such decision, to the applicant in person or by registered mail directed to the applicant's address as stated in the application.
§ 27-1107 Posting of Permit at Work Site.
[Ord. 1-1953, 2/9/1953, Art. X, § 1006]
Whenever a building permit is issued to cover any excavation for and/or any erection, construction and/or structural alteration of any building, it shall be the duty of the person applying for such building permit, and of the person in charge of such work, to post such building permit, or a copy thereof, at the site of the work in such a manner that it will be clearly visible to persons on the street nearest to such work, and to maintain it in such a position throughout the course of the work.
§ 27-1108 Conditions for Continuance of Building Permit; Rights Reserved by Township.
[Ord. 1-1953, 2/9/1953, Art. X, § 1007; as amended by Ord. 1-1956, 3/12/1956, § 4]
If, after the issuance of a building permit, the operations authorized thereunder are not commenced within six months after the date of the permit, or if after the commencement of operations the work is discontinued for a period of three months, such permit shall be void, and work may not again be commenced until a new permit shall have been issued. After one year, any work, construction, or excavation discontinued must be completed to the point where, in the opinion of the Zoning Officer, it is not a public hazard. The owner is to do this work at his cost, or the Township to do same and bill owner for the costs, and collect the same by lien or suit, as provided by law.
§ 27-1109 Zoning Permits and Occupancy Permits (Certificate of Occupancy); Inspection of Site.
[Ord. 1-1953, 2/9/1953, Art. X, § 1008; as amended by Ord. 382, 8/5/1997; and by Ord. 436, 8/7/2007, § 1]
1.
General.
A.
No use of land shall be made, no building or structure shall be constructed, reconstructed, altered, remodeled, enlarged, moved, occupied or used, no existing use of a building, structure or lot shall be changed, no nonconforming use shall be changed, enlarged or extended, and no retaining wall shall be constructed, reconstructed, altered or moved until a zoning permit and occupancy permit (certificate of occupancy) has been issued by the Zoning Officer.
B.
Applications for said zoning and occupancy permits shall be made at the Municipal Building and upon the payment of the required fee established from time to time by resolution of the Township Board of Commissioners.
C.
Where a change in occupancy or use of any structure or lot in any district, whether or not there is any construction, reconstruction, structural alteration or movement of the structure, will generate, on the average, an additional 20 peak hour trips on any adjacent street, the applicant shall comply with applicable requirements of the Township Subdivision and Land Development Ordinance [Chapter 22], which is incorporated herein by reference, prior to the issuance of a zoning and occupancy permit.
D.
Any permit issued in conflict with the provisions of this chapter shall be null and void.
2.
Permit Application and Issuance Procedure.
A.
Whenever the proposed activity, whether new construction or alteration of an existing use requires a building permit under the Township's then-applicable building code, the application for the zoning and occupancy permit shall be made prior to or simultaneously with the application for the building permit. However, the building permit shall not be issued until the zoning and occupancy permit has been granted.
B.
When no building permit is required, the application for the zoning and occupancy permit may be made at any time prior to the use or occupancy of the building, structure or property.
C.
Permit applications shall be submitted in writing on such forms or in such format as established by the Township. The Zoning Officer may request any information necessary to determine the application's compliance with any provision of this chapter and any ordinance of the Township.
D.
The Zoning Officer shall not issue the zoning and occupancy permit unless the property complies with all provisions and requirements of this chapter, the Township Construction Code [Chapter 5, Part 1], the Township Property Maintenance Code [Chapter 5, Part 2], the Township Subdivision and Land Development Ordinance [Chapter 22], and all other applicable Township, County, State and Federal laws, ordinances and regulations, and until all other required approvals and permits have been obtained from applicable Township, County, State and Federal agencies. The applicant shall submit copies of all such required approvals and permits to the Zoning Officer.
E.
Where approvals are not required by other Township agencies or governmental entities, the Zoning Officer shall review and approve or disapprove the application. However, the Zoning Officer may seek the advice and recommendations of the Township Solicitor and Engineer on any application.
F.
Upon completion of the applied-for work, the applicant shall notify the Zoning Officer who shall examine the building, structure and/or use of the property involved to determine compliance with any conditions of the zoning and occupancy permit, and with the provisions of this chapter and all other applicable provisions of any Township ordinances.
G.
As a precondition to the issuance of any zoning and occupancy permit, a landowner shall permit the Zoning Officer to inspect both the exterior and interior of the property, as deemed necessary by the Zoning Officer. Any failure or refusal to permit such inspection shall result in denial of any application for a zoning and occupancy permit.
3.
Period of Validity. A zoning and occupancy permit shall become null and void unless the construction, reconstruction, alteration, remodeling, use or occupancy of the subject building, structure and/or property is commenced within six months of the date of issuance, unless an extension of this time period is granted in writing by the Zoning Officer. The Zoning Officer may place reasonable conditions on any such written time extension.
§ 27-1110 Record of Building Permits, Zoning Permits and Certificates of Occupancy.
[Ord. 1-1953, 2/9/1953, Art. X, § 1009; as amended by Ord. 436, 8/7/2007, § 1]
A record and a copy of all applications filed with the Zoning Officer, of all his decisions, and of all building permits, zoning permits and certificates of occupancy and compliance issued by him shall be kept on file as a public record within the Township.
§ 27-1111 Vacancy in Position of Zoning Officer.
[Ord. 1-1953, 2/9/1953, Art. X, § 1010; as amended by Ord. 436, 8/7/2007, § 1]
Every vacancy in the position of Zoning Officer shall be filled by appointment of the Township Commissioners, for the unexpired term of office of such Zoning Officer, within one month after such vacancy occurs, or as soon thereafter as practicable.