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Etna City Zoning Code

ARTICLE IX

Permits

§ 615-29 Zoning permit.

A. 
A zoning permit shall be required prior to:
(1) 
A change in use of land or structure.
(2) 
The placement, erection or construction of a structure, or portion thereof, that has a fair market value exceeding $500, including but not limited to fences, except that a permit shall be required prior to the erection of a fence that is located within a floodplain, regardless of its cost.
(3) 
The alteration or improvement of any existing structure, where such improvement or portion thereof increases the amount of space which the structure encloses.
(4) 
The alteration or development of any improved or unimproved real estate.
(5) 
The erection or alteration of any signs specified in this chapter.
B. 
No zoning permit shall be required for repairs or maintenance of any structure or land, provided such repairs do not change the use or the exterior dimensions of the structure, or otherwise violate the provisions of this chapter.
C. 
Application for zoning permits shall be submitted to the Zoning Officer.
D. 
Such zoning permits shall be granted or denied, in whole or in part, within 30 business days of the filing date.
E. 
No zoning permit shall be issued except in conformity with:
(1) 
All applicable regulations of this chapter.
(2) 
Any conditions imposed upon the site by the Zoning Hearing Board or the Borough Council.
(3) 
Any recorded subdivision or land development plan.
F. 
In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use or improvement to meet all of the above-described requirements, it will be incumbent upon the applicant to furnish adequate evidence in support of his application. If such evidence is not presented, the zoning permit will be denied.
G. 
Application for a zoning permit shall be made by the owner or lessee of any building or structure or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee it shall be accompanied by a written authorization of the owner or the qualified person making an application that the proposed work is authorized by the owner. The full names and addresses of the owner, lessee, applicant and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.
H. 
The Zoning Officer may call upon other Borough staff and/or Borough-appointed consultants in the review of submitted materials for applications.
I. 
The Zoning Officer may revoke a zoning permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the zoning permit or approval was based or for any other cause set forth in this chapter.
J. 
No permit shall be issued until the fee, in an amount as established from time to time by resolution of the Borough Council, is paid to the Borough. The payment of fees under this section shall not relieve the applicant or holder of said permit from payment of other fees that may be required by this chapter or by any other ordinances or law. Where a permit is required by this chapter, but the work is commenced or the use is commenced or changed prior to obtaining such zoning permit, the fee set by resolution of the Board of Supervisors for such permit shall be doubled. The doubling of the permit fee shall be required to reflect the additional expense incurred by the Borough resulting from the need to inspect the property, respond to any complaints, issue any enforcement notices and/or process the application as soon as it is received. The payment of such increased permit fee shall not relieve any person from complying with all requirements of this chapter or any other applicable Borough ordinances or from any penalties or enforcement actions authorized by this chapter or the Pennsylvania Municipalities Planning Code.
K. 
Issuance of zoning permits. Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent local laws, the Zoning Officer shall reject such application in writing stating the reasons therefor and informing the applicant of his or her right to appeal the Zoning Officer's decision to the Zoning Hearing Board. If satisfied that the proposed work and/or use conforms to the provisions of this chapter and all laws and ordinances applicable thereto, and that the certificate of use and occupancy as required herein has been applied for, the Zoning Officer shall grant or deny a permit application, in whole or in part, within 30 business days of the filing date.
L. 
Reconsideration of application. An applicant whose request for a permit has been denied by the Zoning Officer may make a later application for a zoning permit, provided all deficiencies which were the basis for the prior denial of the permit have been eliminated. The Zoning Officer shall not be required to conduct a new review of the application if this condition is not met.
M. 
Expiration of permit. The zoning permit shall expire after one year from the date of issuance; provided, however, that the same may be extended every six months for a period not to exceed an additional two years, upon written request by the applicant which demonstrates good cause to the Zoning Officer. When a zoning permit is issued in conjunction with a building permit, the zoning permit shall remain valid so long as the building permit is valid. A permit may be valid for no more than five years from its issue date.
N. 
Compliance with this chapter. The zoning permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel or set aside any of the provisions of this chapter, except as stipulated by this chapter. The issuance of a zoning permit does not indicate that a building permit can be issued nor is it to be considered a license to begin work where a building permit is also required.
O. 
Compliance with zoning permit and plot plan. All improvements or uses shall conform to the approved application and plans for which the zoning permit has been issued as well as the approved plot plan.
P. 
Display of zoning permit. All approved zoning permits shall be prominently displayed on the subject property during construction, renovation, reconstruction, repair, remodeling or the conduct of other site improvements. Such permit displays shall occur within five days of permit issuance or prior to the commencement of actual work on the site, whichever occurs first. Such permit display shall be continuous until the site receives its certificate of use and occupancy.
Q. 
Application requirements associated with zoning permits are available at the Etna Borough Municipal Building Administrative Office.

§ 615-30 Building permits.

A. 
No building or structure can be erected, added to or structurally altered until a permit has been issued by the Zoning Officer. No building permit can be issued for any building where construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter, except after written order from the Zoning Hearing Board. Any building permit issued in conflict with the provisions of this chapter is null and void.
B. 
All applications for building permits are to be accompanied by plans in duplicate as determined by the Zoning Officer, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of building already existing, if any; and the location and dimensions of the proposed building or alteration. The application includes such other information as the Zoning Officer requires, including existing or proposed uses of the building and land; the number of households or units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter. One copy of the plans, denoted with approval or disapproval, will be returned to the applicant, and one copy, similarly marked, retained on Borough file.
C. 
A building permit for any building or use may be revoked and withdrawn by the Zoning Officer if the holder of the building permit has failed to comply with the requirements of this chapter or with any conditions attached to the issuance of the permit, and the holder of the building permit may be subject to penalties as provided by this chapter.
D. 
The Building Inspector has 30 days to review and act upon a building permit application.
E. 
If the work described in any building permit has not begun within 90 days from the date of issuance, the building permit expires. The Zoning Officer will notify the applicant of such expiration. If the work described in any building has not been substantially completed within two years of the date of issuance thereof, said permit and any other zoning relief expires and will be canceled, with written notification, by the Zoning Officer. An applicant has 10 days to apply for renewal of zoning relief and issuance of a new building permit.
F. 
All buildings for which permits have been obtained and the construction of which has begun, or for which a contract or contracts have been issued pursuant to a permit granted prior to the date of adoption of this chapter, may be completed and used in accordance with the plans on which said permit was granted.
G. 
Unless otherwise required by another portion of the Borough's Code of Ordinances, all public and private construction, demolition and grading work and related activities performed pursuant to a building permit can be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, and no such work can be performed at any time on Sundays or federal holidays unless the permittee obtains written consent from the Borough Manager, and/or his or her agent, to do the work at an earlier or later hour or on said days.
H. 
In connection with the granting of any permit, the Zoning Officer and/or the Borough Manager may, in his or her discretion, attach such conditions thereto as may be necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance, including, but not limited to, the following:
(1) 
Limitations on the period of the year in which the work may be performed.
(2) 
Restrictions as to the size, weight and type of equipment.
(3) 
Designation of routes upon which materials may be transported.
(4) 
Designation of the place, manner and routes of disposal of excavated material.
(5) 
Requirements for the storage of equipment and materials.
(6) 
Requirements as to the control of dust, the cleaning of streets, the prevention of noise and all other conduct injurious to the neighborhood, the general public or any portion thereof.
(7) 
Regulations as to the use of streets in the course of the work in the Borough.
(8) 
Regulations as to the use of a mechanical device for the breaking of pavement, such as a hydra-hammer or headache ball, which will be permitted only with special written permission from the Zoning Officer and/or the Borough Manager.
(9) 
Requirements that the building permitted area be completely fenced in, with a designated point of ingress and egress, and with such fencing to be of sufficient height and transparency so as to protect public health, welfare and safety.

§ 615-31 Occupancy permits.

A. 
It is unlawful to use or occupy or permit the use or occupancy of any building or lot, in whole or in part, erected, connected or wholly or partly altered or enlarged in its size or structure, until an occupancy permit has been issued by the Zoning Officer.
B. 
No nonconforming use may be changed or extended until an occupancy permit has been issued by the Zoning Officer.
C. 
Occupancy permits applied for coincident with an approvable building permit application will be issued within five working days after the erection or alteration has been completed and inspected by the Zoning Officer.
D. 
Application for occupancy permits for a new or changed use of land where no building permit is required can be made directly to the office of the Zoning Officer. Occupancy permits to be issued, as well as written notices stating why an occupancy permit cannot be issued, will be given to the applicant no later than 10 days after the application has been received by the Zoning Officer.
E. 
A temporary occupancy permit for owner-occupied development may be issued by the Zoning Officer for a period not exceeding six months during alterations as partial occupancy of a building pending its completion, provided that such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the public.
F. 
Failure to obtain an occupancy permit is a violation of this chapter and subject to enforcement remedies.
G. 
The Zoning Officer maintains records of all occupancy permits; copies will be furnished upon request to any person having a proprietary or tenancy interest in the building or lot affected.

§ 615-32 Temporary use permit.

A. 
The purpose of a temporary use permit is to ensure compatibility of the temporary use with surrounding lots.
B. 
A temporary use permit application is available from the Zoning Officer.
(1) 
Areas to be reviewed as part of the permit process may include but not be limited to traffic circulation, parking, public conveniences, signs and any other special operating characteristics.