Brighton Township City Zoning Code
ARTICLE XIX
Administration
§ 195-160 Zoning Officer.
A.
Appointment. The Board of Supervisors shall appoint a Zoning Officer pursuant to the provisions of Section 614 of Act 247, as amended, the Pennsylvania Municipalities Planning Code.[1] Said Zoning Officer shall be appointed, shall not hold elective office and shall have a working knowledge of zoning and subdivision procedures. The Board of Supervisors may also appoint an Assistant Zoning Officer who shall exercise the same authority and have the same duties as the Zoning Officer.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Powers and duties. 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 the requirements of this chapter. The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement within the scope of his responsibilities. Within this power, the Zoning Officer shall have duties as follows:
(1)
The Zoning Officer shall receive applications for and issue zoning and sign permits, certificates of use and occupancy and stop-work orders in accordance with the provisions of this chapter.
(2)
The Zoning Officer shall make all the required inspections or he may engage such expert opinion as he may deem necessary to report upon unusual technical issues that may arise.
(3)
At least annually, the Zoning Officer shall submit to the Board of Supervisors a written statement of all zoning and sign permits, certificates of use and occupancy issued and notices and orders issued.
(4)
An official record shall be kept of all business and activities of the office of the Zoning Officer specified by provisions of this chapter, and all such records shall be open to public inspection at all appropriate times.
§ 195-161 Permits.
A.
Building and zoning permit. A building and zoning permit shall be required prior to the erection, addition or alteration of any building or portion thereof; prior to the use or change in use of a building or land; and prior to the changes or extension of a nonconforming use. It shall be unlawful for any person to commence work for the erection or alteration of any building or for a change in land use, until a permit has been duly issued therefor. No building and zoning permit shall be required in cases of normal maintenance activities, minor repairs and alterations which do not structurally change a building or structure.
(1)
Application for permits. All completed applications for permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon and the exact size and location of any building. All applications shall be accompanied by the required fee and shall be reviewed within 10 working days of the date of submittal. In the case of a permit denial, the applicant shall have 30 days to file an appeal with the Township Zoning Hearing Board.
(a)
No building or structure shall be erected, remodeled, added to or structurally altered until a permit therefor has been issued by the Zoning Officer. All applications for building and zoning permits shall be in accordance with the requirements of this chapter and unless, upon written order of the Zoning Hearing Board, no such building and zoning permit shall be issued for any building where said construction, addition or alteration for use thereof would be in violation of any of the provisions of this chapter.
(b)
Remodeling or improvement of existing buildings which does not alter the basic structure, create additional lot area coverage or change the use of the parcel or building is exempt from this specific requirement, provided that the estimated cost of such activities does not exceed 50% of the fair market value.
(c)
All applications for building permits shall be made in writing by the owner or his authorized agent and shall include a statement of intended use of the building. Applications shall be accompanied by two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location upon the lot of the building and accessory buildings to be erected upon the lot, necessary to determine that the proposed structure and use of the land will conform to the provisions of this chapter. When complete and accurate information is not readily available from existing records, the Zoning Officer may require an applicant to furnish a survey of the lot by a registered engineer or registered surveyor.
(d)
One copy of such layout or plat plan shall be returned when approved by the Zoning Officer, together with the permit, to the applicant upon payment of a fee as predetermined from a fee schedule adopted by the Board of Supervisors.[1]
[1]
Editor's Note: Said fee schedule is on file in the Township offices.
(2)
A permit shall be deemed to be revoked and the permit fee forfeited unless more than token activity is commenced within 90 days of issuance. Where construction is not completed within one year, a new permit shall be applied for and fees paid in accordance with a schedule of fees adopted by the Board of Supervisors.
B.
Occupancy permit.
(1)
A certificate of occupancy, either for the whole or for a part of a new building or for the structural alteration of an existing building, shall be applied for coincident with the application for a building and zoning permit and shall be issued after the erection or alteration of such building or part of a building shall have been completed and after due inspection shows the same to be in conformance with the provisions of this chapter.
(2)
A certificate of occupancy for the use or occupancy of vacant land or for a change of use in an existing building shall be applied for and issued before any such land or building shall be occupied, used or changed in use and such certificate of occupancy shall be issued after application has been made, provided that such proposed use is in conformance with the provisions of this chapter.
(3)
A fee may be charged for an application for a certificate of occupancy as required herein; and for the issuance of each copy of said certificate of occupancy, there will be a charge as per the fee schedule adopted by the Board of Supervisors.
(4)
Refusal by the Zoning Officer to issue an occupancy permit shall include a written statement to the applicant containing reasons for such denial.
(5)
Occupancy permits are required for the following:
(a)
Occupancy of a new building.
(b)
Occupancy and use of a building hereafter moved or altered so as to require a building and zoning permit.
(c)
Change in the use of an existing building other than to a use of the same type.
(d)
Occupancy and use of unimproved or vacant land.
(e)
Change in the use of land except to another use of the same type.
(f)
Any change in use of nonconforming use to a conforming use.
(g)
Any vacant, public, commercial or industrial building.
(6)
Occupancy permits shall state that the building or the proposed use of a building or land complies with all provisions of law and of this chapter and all other ordinances of the municipality. They are deemed to authorize and are required for both initial and continued occupancy and use of the building and land so long as such building and use is in full conformity with the provisions of this chapter.
C.
Sign permit.
(1)
No permanent or temporary sign as described in this chapter shall be erected until a permit therefor has been issued by the Zoning Officer.
(2)
Application to the Zoning Officer shall be processed within one week upon receipt of the written request to erect a sign and payment of a fee as predetermined from a fee schedule adopted by the Board of Supervisors, with the provisions of this chapter and all other effective and applicable ordinances. Refusal for a sign permit shall include a written statement to the applicant containing the reasons for denial.
(3)
Failure to apply for a sign permit shall subject the property owner to enforcement procedures prescribed by this chapter. Payment of fines or damages shall not indicate approval to erect a sign.
D.
Temporary use permit.
(1)
Temporary use permits are required where it is anticipated that the character of the temporary or seasonal use is of a nature which may negatively impact existing property.
(2)
No temporary use permit shall be issued for any temporary use where said use would violate any of the provisions of this chapter.
(3)
Written request to the Zoning Officer for a temporary use permit shall be processed within one week of receipt of the request and the payment of the appropriate fee as outlined in the fee schedule adopted by the Board of Supervisors.
(4)
Said temporary use permit may be revoked by the Zoning Officer where a violation of the provisions of this chapter has occurred.
§ 195-162 Inspection.
The Zoning Officer or his duly appointed representative may make the following inspections on property for which a permit has been issued:
A.
During the period of construction: A record shall be made indicating the time and date of the inspections and the finding of the Zoning Officer that the construction is in accordance with plans submitted with the application for the building.
(1)
If the actual construction does not conform to the application, a written notice of a violation shall be issued by the Zoning Officer and such construction shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Zoning Officer, construction shall proceed.
B.
At the completion of construction: A record shall be made indicating the time and date of the inspection, the findings of the Zoning Officer in regard to conformance to this chapter and the issuance of an occupancy permit.