Bloomsbury City Zoning Code
ARTICLE II
Administration and Enforcement
§ 270-5 Enforcement officer.
[Amended 12-19-1991 by Ord. No. 317-91]
This chapter shall be administered and enforced by the Zoning Officer who has been appointed by the Borough Council.
§ 270-6 Duties of Zoning Officer.
A.
It shall be the duty of the Zoning Officer to receive and maintain a record of all applications for permits and a record of all permits issued, with notation of all specific conditions involved. He or she shall file and retain copies of all plans submitted, and the same shall form a part of the records of his or her office and shall be available for the use of the Borough Council and other Borough officials. The Zoning Officer shall not issue a permit for the construction of any building or for the use of any property unless such a building or use conforms to the provisions of this chapter and all other applicable ordinances of the Borough; provided, however, that nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such a permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and where the entire building shall be completed according to such plans as filed within one year from the date of adoption of this chapter
B.
The Zoning Officer shall prepare a monthly report for the Planning Board, summarizing for the period since his or her last previous report all zoning permits and building permits issued and certificates countersigned by him or her and all complaints of violations and the action taken by him or her consequent thereon. A copy of each such report shall be filed with the Borough Tax Assessor at the same time it is filed with the Planning Board.
[Amended 12-19-1991 by Ord. No. 317-91]
C.
Should the Zoning Officer be in doubt as to the meaning or intent of any provision of this chapter or as to the location of a zone boundary line on the Zoning Map, or as to the propriety of issuing a zoning or building permit or occupancy permit in a particular case, he or she shall appeal the matter to the Planning Board for interpretation and decision.
§ 270-7 Zoning permits.
Amended 2-9-1993 by Ord. No. 502-93]
Zoning permits shall be secured from the Zoning Officer prior to construction, erection or alteration of any building/structure or part of the building or structure and for any change in the use of land. Emergency construction to protect damaged buildings, structures or land is permitted, provided that a zoning permit is applied for within four days and the emergency construction complies with or is revised to comply with this chapter within 60 days. All requests for zoning permits shall be made in writing by the owner or his authorized agent on a form to be supplied by the Zoning Officer and shall include a statement of the use or intended use of the building or land and shall be accompanied by a plan which shall be prepared and submitted in accordance with requirements established by Article IV, as may be applicable. Zoning permits shall be issued within 45 days of application, except when applications require a variance, a conditional use permit and/or site plan review, and shall have a one-year life. If construction has not been completed these must be renewed annually with approval by the Planning Board and without the payment of additional fees for a period not to exceed three years. Building permits issued by construction officials shall not be issued without the submission of a current valid zoning permit.
§ 270-8 Certificates of occupancy.
No building hereafter constructed, erected or altered under a zoning permit shall be occupied or used in whole or in part for any use whatsoever, and no change of use in any building or part of building shall hereafter be made, until a certificate of occupancy has been issued by the Zoning Officer indicating that the building or use complies with the terms of the zoning permit and the provisions of this chapter and any other applicable statutes, ordinances and regulations. A certificate of occupancy shall be granted or denied within 10 days of the date of written application therefor.
§ 270-9 Conditional use permits. [1]
The Zoning Officer shall issue conditional use permits provided for in this chapter only upon written direction of the Planning Board and in accordance with the provisions of this chapter.
§ 270-10 Application fees.
[Amended 10-23-2012 by Ord. No. 106-12]
Each application for a permit provided for by this article shall be accompanied by a fee, payable in cash or other form of security approved by the Borough Attorney, in accordance with Article XXII, Fee Schedule.
§ 270-11 Remedies.
[Amended 12-19-1991 by Ord. No. 317-91; 10-23-2012 by Ord. No. 106-12]
In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Zoning Officer, in conjunction with the Building Inspector, shall have the power, in addition to taking action to enforce this chapter pursuant to § 270-12, to issue stop, cease and desist orders, and the Borough Council or any other interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; or to prevent any illegal act, conduct, business or use in or about the premises.