A Zoning Officer designated by the Borough Council shall administer and enforce this chapter. He may be provided with the assistance of such other persons as the Borough Council may direct. The Zoning Officer shall not hold any elective office in the municipality. The Zoning Officer shall meet qualifications established by the municipality and shall be able to demonstrate to the satisfaction of the municipality a working knowledge of municipal zoning. 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 Zoning chapter. Zoning officers may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of their employment.

If this Zoning Officer shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal addition, alteration, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

A landowner, tenant and/or contractor shall obtain a zoning permit from the Zoning Officer for activities falling within any of the following categories:

No zoning permit shall be required for repairs to or maintenance of any building, structure or land, provided that such repairs do not change the use, alter the exterior dimensions of the building or structure, or otherwise violate the provisions of this chapter or any other applicable Borough or county ordinance or applicable statute or regulation. This provision shall not alter the requirement for zoning permits in the Floodplain District.

The applicant for a zoning permit shall submit an application on forms provided by the Borough. The application may be made by the owner or lessee of the property or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, the application shall be accompanied by a written authorization from the owner or lessee designating the agent and authorizing the work.

The application for a zoning permit shall include a description of the proposed work and/or use and occupancy of the building, structure and/or land as well as any other information required by the application form or the Zoning Officer to determine compliance with this chapter and other applicable Borough, county, state and federal ordinances, statutes and regulations; plans, in duplicate, drawn to scale, showing the actual dimensions and shape of the lot, the size and location and dimensions of the proposed use, building or alteration, and other pertinent information; and the application fee. The application shall not be considered complete without the fee established by the Borough Council by ordinance or resolution. The applicant shall also submit all necessary information to demonstrate:

Approval or disapproval of application. Upon receipt of the application, the Zoning Officer shall examine the application and supporting information to determine compliance with this chapter and other applicable Borough and county ordinances, statutes and regulations. The Zoning Officer shall determine if subdivision and/or land development approval has been obtained, if state sanitation inspection requirements have been met, and, in the case of public buildings, that the required permits have been issued by the Department of Labor and Industry. The Zoning Officer shall disapprove a permit application which does not comply with all applicable statutes, regulations, and county and Borough ordinances. The Zoning Officer shall mark the application as either approved or disapproved and shall return one copy of the application to the applicant. The other copy shall be retained by the Zoning Officer for the Borough files. If disapproved, the Zoning Officer shall attach a statement to the application explaining the reason for such disapproval and informing the applicant of his right to appeal to the Zoning Hearing Board.

Issuance and posting of permits. Upon approval of the application by the Zoning Officer, the Zoning Officer shall issue a zoning permit placard which shall be visibly posted on the site of operations during the entire time of construction. The zoning permit shall expire one year from the date of issuance, provided that it may be extended at the discretion of the Zoning Officer for six-month periods not to exceed a total of one year.

Rights of permit holders. The zoning permit shall be a license to proceed with work described on the approved application. A zoning permit shall not be deemed to supersede or annul any restrictions on the use or development of the property imposed by deed restrictions, restrictive covenants, or other private agreements. Permit holders shall proceed with work at their own risk and subject to the rights of aggrieved parties to appeal the issuance of the zoning permit as authorized by the Municipalities Planning Code or to take action to enforce deed restrictions, restrictive covenants, or private agreements as authorized by law.

Revocation of zoning permit. The Zoning Officer shall revoke a zoning permit or approval issued under the provisions of this chapter in the case of any false statement or misrepresentation of fact in the application on which the permit or approval was based, or if the permit or approval was issued in error, or if the work is not undertaken in accordance with terms of the permit or approval, or for any other proper cause.

Special procedures for small wireless facility applications. An application for a small wireless facility added to an existing structure shall be decided within 60 days of the date a complete application is submitted. Within 10 days of the date that such an application is filed with the Borough of Denver, the Borough shall notify the applicant, in writing, of any information necessary required to complete the application. The effect of notification of incompleteness shall serve to reset the sixty-day time limit and shall not merely toll the running of the 60 days. An application for a small wireless facility that requires a new support structure shall be decided within 90 days. The Borough shall advise the applicant, in writing, of its decision in accordance with the other provisions of this chapter.

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, if erected, changed, converted, or wholly or partly altered or enlarged in its use of structure until a certificate of zoning compliance has been issued by the Zoning Officer stating that the proposed use of the building or land conforms to this chapter.

No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the Zoning Officer. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter. Upon enactment or amendment of this chapter, owners or occupants of nonconforming uses or structures shall apply for certificates of zoning compliance when property ownership changes hands or when a zoning and/or building permit application is made to the Borough. Such certificate shall be authorized by the Zoning Officer and shall certify to the owner his right to continue such nonconforming use or structure.

No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this chapter upon completion of the work.

The Zoning Officer shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request of any person. Failure to obtain a certificate of zoning compliance upon transfer of a property containing a nonconforming structure or use or upon filing of an application for a zoning permit or building permit shall be a violation of this chapter and punishable under Article XIII of this chapter.