Title. An ordinance establishing regulations and restrictions for the location and use of lots, land, buildings and other structures, the height, number of stories and size or bulk of buildings structures, the density of population, off-street parking and similar accessory regulations in the Borough of Hamburg, Berks County, Pennsylvania, and for said purposes dividing the Borough into districts and providing for administrative enforcement and amendment of its provisions in accordance with the Pennsylvania Municipalities Planning Code, as amended.

Short Title. This Chapter shall be known as, and may be cited as, the "Hamburg Borough Zoning Ordinance of 2004."

Lessen congestion on the roads and highways.

Secure safety from fire, panic and other dangers.

Promote health and the general welfare.

Avoid undue congestion of population.

Encourage the most appropriate use of land.

Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

Conserve the value of land and buildings.

Encourage the harmonious and orderly development of land.

These regulations were made with reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Borough.

Further basis for these regulations are embodied in The Joint Comprehensive Plan for Northern Berks County (adopted as the Hamburg Comprehensive Plan) as adopted by the Borough Council, which enumerates in detail the locally desired community development goals and objectives which these regulations seek to accomplish.

Any person or entity ("applicant") desiring to undertake any new construction, structural or site alteration, or changes in the use of a building or lot within the Borough of Hamburg shall first apply to the Borough Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting all requested information, along with the required fee, in accordance with the Pennsylvania Municipalities Planning Code and the Borough of Hamburg Zoning Ordinance.

Upon receipt of a completed application form and fee required by Subsection 1 above, the Borough Zoning Officer shall either issue the zoning permit or shall deny the permit, indicating in writing the reason for denial, which may include the reason that certain construction, alterations or uses require approval of the Borough Zoning Hearing Board and/or the Borough Council, and/or the recommendations of the Borough Planning Commission as a condition to issuance of the zoning permit.

If denied a permit by the Borough Zoning Officer, the applicant may appeal such decision to the Zoning Hearing Board for further consideration in accordance with the Pennsylvania Municipalities Planning Code and the Borough of Hamburg Zoning Ordinance.

Once the applicant has properly obtained a zoning permit from the Borough Zoning Officer, the Borough Zoning Hearing Board or a court of competent jurisdiction, the applicant may (i) apply to the Borough Building Code Official for a construction permit under this Chapter by filling out the appropriate application form and by submitting the required fee and land development plan (if determined to be required in the sole discretion of the Borough Zoning Officer) for the subject premises; and (ii) apply for any other permits as required by federal, state and local law. Such application for a construction permit under this Chapter shall not be submitted unless and until the applicant has properly obtained a zoning permit.

Upon completion of the construction or alteration undertaken by the applicant pursuant to the zoning permit, construction permit and other required permits, the applicant shall then apply to the Borough Zoning Officer for a certificate of use and/or an occupancy permit, where such a certificate and/or permit is required in order for the subject premises to be occupied.