Conshohocken City Zoning Code
PART 3
ADMINISTRATION
§ 27-301 Declaration of Legislative Intent.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
In expansion of, and in addition to, the declaration of legislative intent and statement of community development objectives found in Part 1 of this Chapter, it is the intent of this Part to provide specific duties and responsibilities for the Zoning Officer in the issuance of building and occupancy permits, and the procedures for obtaining the same, as contained in this Part.
§ 27-302 Appointment of Zoning Officer.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
The provisions of this Chapter shall be administered and enforced by a Zoning Officer.
A.
The Borough Council shall appoint a Zoning Officer who shall meet qualifications established by the Council and demonstrate a working knowledge of municipal zoning.
B.
The Zoning Officer shall receive compensation as determined by the Borough Council.
§ 27-303 Authority and Responsibilities of Zoning Officer.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
The Zoning Officer shall have the authority to perform the following responsibilities:
A.
Receive all zoning applications and applications for use and occupancy permits.
B.
Keep a public record of these applications including:
(1)
All relevant plans and information submitted therewith.
(2)
Permits issued in their regard.
(3)
Any special conditions attached thereto.
C.
Review these applications for compliance with the literal terms of this Chapter, all other applicable ordinances, and the laws and regulations of the Commonwealth of Pennsylvania which are relevant to the subject and intent of this Chapter.
D.
Issue permits only in response to those applications which are in compliance with this Chapter, all other applicable ordinances, and the laws and regulations of the Commonwealth of Pennsylvania which are relevant to the subject and intent of this Chapter.
(1)
When the Zoning Hearing Board grants a special exception or variance, the application shall be considered in compliance with this Chapter for the purpose of issuing permits; the Zoning Hearing Board action shall be made a part of the public record of these applications.
(2)
The Zoning Officer shall issue permits in regard to such applications only upon receipt of written evidence from the Zoning Hearing Board attesting to the granting of the special exception or variance.
E.
Enlist the assistance of other municipal agents and agencies in performing these responsibilities.
F.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this Chapter.
G.
Make written orders requiring compliance with the provisions of this Chapter and the Pennsylvania Municipalities Planning Code, to be served personally or by certified mail.
H.
Institute proceedings in courts of proper jurisdiction for the enforcement of provisions of this Chapter.
I.
Have available a map showing the current zoning classification of all land.
J.
Participate in proceedings before the Zoning Hearing Board at the request of the Borough Council as a representative of the Borough.
K.
Provide preliminary opinions regarding a proposed plans compliance with applicable ordinances in accordance with Section 916.2 of the Municipalities Planning Code.
§ 27-304 Requirement for Zoning and/or Use and Occupancy Permits.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1.
A zoning permit application shall be required and reviewed, and permits issued, in accordance with the Conshohocken Borough Building Code [Chapter 5], as amended.
2.
A use and occupancy permit shall be required prior to any of the following:
A.
Use and occupancy of any new construction.
B.
Change in use of any building or structure, whether or not the change involves physical alteration to the building or structure.
C.
Use of land or change in the use thereof.
D.
Change in use of a nonconforming use.
3.
It shall be a violation of this Chapter for any person to use or occupy any building, structure, or land until a use and occupancy permit has been duly issued.
§ 27-305 Procedure for Zoning and/or Use and Occupancy Permit Applications.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1.
Zoning permit and/or use and occupancy permit applications shall be made in writing by the owner or tenant or authorized agent, and shall be filed with the Zoning Officer on forms prescribed by them.
2.
Upon completion of the erection, addition to, or alteration of any building, structure, or portion thereof authorized by any building permit obtained in compliance with this Chapter, and prior to use or occupancy, the holder of such permit shall notify the Zoning Officer of such completion. Use and occupancy shall not be authorized until the Zoning Officer has certified that the requirements of this Chapter and any other applicable ordinance have been met.
3.
Issuance of a use and occupancy permit, or temporary use and occupancy permit, shall in no way be construed to warrant in any way the workmanship, safety, or quality of the structure or building materials used to construct the said structure or alterations thereto.
§ 27-306 Issuance or Refusal of Permits.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
If the Zoning Officer determines that an application is in compliance with the provisions of this Chapter, it shall be his/her duty to issue the appropriate permit; and if he/she determines that an application is not in compliance with the provisions of this Chapter, it shall be his/her duty to refuse the permit, in which case he/she shall inform the applicant of their right to appeal to the Zoning Hearing Board for relief.
§ 27-307 Appeal from Decision of Zoning Officer.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
An appeal from the decision of the Zoning Officer shall be filed within 30 days, according to the procedures set forth in § 27-605 of this Chapter.
§ 27-308 Fees.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
The applicant for a zoning permit or use and occupancy permit shall, at the time of making application, pay to the Borough, a fee in accordance with a fee schedule adopted by resolution of the Borough Council.
§ 27-309 Exemption with Certificate of Public Convenience.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
In accordance with Section 619 of the Pennsylvania Municipalities Planning Code, as amended, the provisions of this Chapter shall not apply to any public utility.
§ 27-310 Federal, State or Municipally Owned Property.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005; and by Ord. No. 01-2019, 1/2/2019]
Wherever federal- or state-owned property is included in one or more zoning districts, it shall be subject to the provisions of this chapter only insofar as is permitted by the Constitution and Laws of the United States of America and of the Commonwealth of Pennsylvania. In the case of municipally owned property, the provisions of this chapter shall not apply, with the exception of Part 17, FP - Floodplain Conservation District, which shall apply to municipally owned property with full force and effect.
