Cornwall City Zoning Code
ARTICLE 28
ADMINISTRATION AND ENFORCEMENT: BUILDING AND PERMITS AND CERTIFICATES OF ZONING COMPLIANCE
§ 14-2801 Administration, Enforcement, and Authority.
[Ord. 2008-1, 6/9/2008]
1.
For the administration of this Chapter, a Zoning Officer, who shall not hold any elective office in the Borough, shall be appointed by Borough Council. The Zoning Officer shall meet qualifications established by Borough Council and shall be able to demonstrate to the satisfaction of Borough Council a working knowledge of municipal zoning. The Zoning Officer shall administer this Chapter in accordance with its literal terms, and he shall not have the power to permit any construction, or any use or change of use which does not conform to this Chapter and other applicable Borough codes and ordinances. The Zoning Officer shall issue all permits required by this Chapter. He may be provided with the assistance of such other persons as Borough Council may direct.
2.
If the Zoning Officer shall find that any of the provisions of this Chapter are being violated, he shall notify in writing the person(s) responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. (See Article 29, “Violations and Remedies”). He shall have the authority to order discontinuance of illegal uses of land, buildings, or structures; removal of illegal buildings, signs or structures, or illegal additions, alterations, or structural changes; discontinuance of any illegal work in process; or any other action provided by this Chapter to ensure compliance with, or prevent violation of, its provisions.
3.
The Zoning Officer is authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.
§ 14-2802 Building and Zoning Permits Required.
[Ord. 2008-1, 6/9/2008]
1.
No building, structure, sign, or land shall be erected, constructed, reconstructed, altered, converted, removed, moved, added to, used, or the use therein changed unless and until a building and zoning permit is obtained from the Zoning Officer.
2.
The permit requirements shall apply to all permanent, temporary, seasonal, parttime, or movable buildings, structures, signs, or uses, unless exempted elsewhere in this Chapter.
3.
Other Permit Prerequisites. At the time of application, the applicant shall produce, where applicable, a valid sewage permit, well permit, driveway permit, road encroachment permit, conservation plan approval, subdivision and/or land development plan approval or other approval preliminary to issuance of the building and zoning permit.
§ 14-2803 Application for a Building and Zoning Permit.
[Ord. 2008-1, 6/9/2008]
1.
Applications for a building and zoning permit shall be filed by the property owner, his authorized agent or an individual with a proprietary interest in the property, said individual to hereafter be known as the applicant. Applications shall be submitted to the Zoning Officer and contain the following:
A.
Building and Zoning Permit Application Form. On a form supplied by the Zoning Officer, the applicant shall provide information to describe the size, location, and nature of the proposed building, structure, or use. The applicant shall sign the application form to verify the accuracy of the information.
B.
Plot Plan. All applications for a building and zoning permit shall be accompanied by a plot plan in accordance with the following:
(1)
Three copies of the plot plan shall be submitted. In lieu thereof, an 8 ½ inch by eleven inch plot plan is acceptable, provided it is suitable for photocopying.
(2)
The plot plan shall show where applicable, size, shape, and dimensions of the lot; size and location of all existing buildings; size, location, and use of all proposed buildings, additions, or alterations parking lots, parking spaces, driveways, signs, and other site improvements; and other information as may be necessary to determine conformance with this Chapter. The applicant shall sign the plot plan to verify the accuracy of the information.
(3)
Engineering, architectural, or surveyor’s plans may be required by the Zoning Officer where necessary to accurately depict the proposed work on a property.
(4)
The Zoning Officer may waive the plot plan requirement where the applicant satisfactorily demonstrates that the minimum standards are greatly exceeded.
C.
Other Permit Prerequisites. At the time of application, the applicant shall produce, where applicable, a valid sewage permit, road encroachment permit, Labor and Industry approval, conservation plan approval, subdivision and/or land development plan approval, or other approval preliminary to issuance of the building and zoning permit.
D.
Application Fee. All applications for a building and zoning permit shall be accompanied by a fee in accordance with the current schedule of fees resolution adopted by Borough Council.
§ 14-2804 Incomplete Applications.
[Ord. 2008-1, 6/9/2008]
When an applicant fails to (1) complete and sign the building and zoning permit application form, (2) submit a plot plan and attest to its accuracy by signature, (3) pay the required application fee, (4) secure and produce other permit prerequisites, or (5) submit other information required by the Zoning Officer, the application for a building and zoning permit shall be deemed incomplete. The Zoning Officer may notify the applicant to request supplemental information to complete the application. Such notice shall prescribe a time period, not to exceed 30 days, for completion of the application by submission of the supplementary information. Failure to complete the application shall result in written disapproval, in accordance with §14-2805.B of this Chapter.
§ 14-2805 Approval or Disapproval of a Building and Zoning Permit.
[Ord. 2008-1, 6/9/2008]
1.
After an application has been determined to be complete or the applicant has failed to submit requested information in a timely fashion, the Zoning Officer shall take official action to approve or disapprove the permit application in accordance with the following:
A.
Approval. When a completed application is found to conform with the provisions of this Chapter. The Zoning Officer shall issue and approve building and zoning permit within 20 days of application completion. Issuance of the permit shall be accompanied by an approved plot plan, where applicable, and a placard for display on the premises during the construction or alteration period. Building and zoning permits are nontransferable and are valid for work authorized therein only for the owner and property so designated.
B.
Disapproval. When a completed application is found not to conform with the provisions of this Chapter, the Zoning Officer shall disapprove the application for a building and zoning permit within 20 days of application completion. Plot plans submitted with the application shall also be disapproved. Failure to complete the application within the prescribed time period shall also result in disapproval. The disapproval shall be in writing, citing the deficiencies of the application. Appeals from disapproval by the Zoning Officer shall be taken in the manner set forth in Article 30 of this Chapter.
§ 14-2806 Revocation of a Building and Zoning Permit.
[Ord. 2008-1, 6/9/2008]
1.
Building and zoning permits are issued on the basis of plans and applications approved by the Zoning Officer and authorize only the use, arrangement, and construction set forth in such approved plans.
A.
A building and zoning permit shall be revoked, in writing, by the Zoning Officer for any of the following reasons:
(1)
When use, alteration, or construction does not comply with or exceeds the scope of that authorized by the building and zoning permit.
(2)
When information pertinent to the application for a building and zoning permit has been falsified or misrepresented.
(3)
When other provisions of this Chapter are violated in conjunction with the use, alteration, or construction authorized by the building and zoning permit.
(4)
When the original decision of the Zoning Officer did not conform to the requirements of this Chapter.
B.
Written revocation shall be provided to the applicant and shall indicate the reasons for such action and an order to cease the unlawful construction, development, use, etc. Additionally, the revocable offenses shall be deemed a violation of this Chapter and subject the violator to the penalties provided by Article 29 of this Chapter.
C.
In lieu of revoking the building and zoning permit for the reasons listed in paragraph .A, the Zoning Officer may issue a cease and desist order in situations where revocation is not immediately necessary and the possibility for compliance exists. The cease and desist order shall consist of a written notice to the owner of record that provides information in accordance with §14-2901.
D.
Activity on the property shall not recommence unless and until compliance is reached and written notice to proceed has been issued by the Zoning Officer. Where appropriate, the Zoning Officer may subsequently revoke the building and zoning permit for noncompliance.
§ 14-2807 Expiration of a Building and Zoning Permit.
§ 14-2808 Certificate of Zoning Compliance.
[Ord. 2008-1, 6/9/2008]
1.
The Zoning Officer shall maintain certificate of zoning compliance forms which shall be utilized to record the following:
A.
Nonconformities. Owners or occupants of nonconforming uses of land or structures and land in combination shall obtain a certificate of zoning compliance to document wherein the use differs from the provisions of this Chapter. Authorization to renew, change, extend, enlarge, or alter the nonconformity shall not be granted unless and until the specifics of the nonconformity are first recorded on a certificate of zoning compliance and the change or alteration is found to comply with Article 27 of this Chapter. The Zoning Officer may require written documentation to verify the characteristics of the use and the dates of establishment.
B.
Approved Uses and Structures. Owners or occupants of uses or structures authorized by approved building and zoning permits may request a certificate of zoning compliance to verify that the use or construction completed is in compliance with the approved permit and the provisions of this Chapter. Similarly, owners or occupants of pre-existing conforming uses or structures may request a certificate of zoning compliance. Upon receipt of such a request, the Zoning Officer shall inspect the premises and approve or disapprove a certificate of zoning compliance.
C.
Nothing contained herein shall preclude the Zoning Officer from conducting routine inspections and investigations to determine zoning compliance, nor shall it prevent him from responding to complaints on zoning violations. Furthermore, violations of the conditions, uses, or construction approved within a certificate of zoning compliance shall be a violation of this Chapter, punishable in accordance with Article 29 of this Chapter.
§ 14-2809 Continuation of Use, Construction, Development, Etc., Deemed Unlawful by Zoning Officer.
[Ord. 2008-1, 6/9/2008]
Upon written notification by the Zoning Officer of a violation of the terms of this Chapter, all use, construction, development, etc. Cited by said notification shall cease immediately and shall not recommence until such time as written compliance is received from the Zoning Officer or the Zoning Hearing Board (or Borough Council in the case of a conditional use) has granted approval, with or without conditions, of the use, construction, development, etc. Application for appeal does not authorize continuation of said use, construction, development, etc., until a final legal determination has been made and the appeal period has expired.
§ 14-2810 Temporary Use Permits.
[Ord. 2008-1, 6/9/2008]
1.
It is recognized that it may be in accordance with the purpose of this Chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this Chapter. If such uses are of such a nature and are so located that, at the time of petition, they will:
A.
In no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone.
B.
Contribute materially to the welfare of the Borough, particularly in a state of emergency, under conditions peculiar to the time and place involved; then the Borough Council may, subject to all regulations for the issuance of a conditional use elsewhere specified, direct the Zoning Officer to issue a permit for a period not to exceed six months. Such permits may be extended not more than once for an additional period of six months.