The Zoning Official, who shall also be the Building Inspector, is hereby given the duty, power and authority to enforce the provisions of this chapter. He shall examine all applications for permits; issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this chapter and all nonconforming uses; record and file all applications for permits with accompanying plans and documents; and make such reports to the Planning Commission and the Zoning Hearing Board as may be required. The Zoning Official shall be appointed for a three-year term by a majority vote of the Kittanning Borough Council.

Building permits for a variance from the requirements of this chapter and for such special uses as may be enumerated in Article III, Schedules I and II, hereof,[1] shall be issued only upon written order of the Zoning Hearing Board.

Purpose. To determine compliance with the provisions of this chapter, no person shall erect, alter or convert any structure or building, or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter, until a building permit has been issued by the Zoning Official.

Application for permits. All such applications shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot or lots to build upon; its block and lot number as recorded; the date of official record of any lot or lots on which construction is proposed; the exact size and location of any building, sign, parking or loading area or other physical feature existing or proposed on the lot; the existing and intended use of each building or part of a building; the number of families, dwelling units, employees, offices, or other appropriate units of occupancy which the building is designed to accommodate; and such other information as may be necessary to determine compliance with this chapter. One copy of such plans shall be returned to the owner when such plans shall be approved; one copy each of all applications with accompanying plans and documents shall become a public record after a permit is issued or denied.

Issuance of permits.

Denial of permits. When the Zoning Official is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall refuse to issue a building-zoning permit, and the applicant may appeal to the Zoning Hearing Board for a reversal of the Zoning Official's decision.

Revocation of permits. If it shall appear, at any time, to the Zoning Official that the application or accompanying plot is in any material respect false or misleading, or that work is being done upon the premises differing materially from that called for in the applications filed with him under existing laws or ordinances, he may forthwith revoke the building-zoning permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to said Zoning Official. After the building-zoning permit has been revoked, the Zoning Official may, in his discretion before issuing a new building-zoning permit, require the applicant to file an indemnity bond in favor of the Borough with sufficient surety conditioned for compliance with this chapter and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.

For new uses. Upon completion of the whole building or structure, and upon the sworn application by the owner or his duly authorized agent, setting forth such facts as the Zoning Official may require, and after actual inspection of the premises by the Zoning Official, he shall, upon finding the facts to be as requested, issue in duplicate an occupancy permit, certifying that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the permit, which purposes shall conform with the requirements of this chapter. No change of use shall be made in any building, structure, or premises, or premises now or hereafter erected or altered that is not consistent with the requirements of this chapter. Any person desiring to change the use of his premises shall apply to the Zoning Official for an occupancy permit, setting forth such facts as may be required. A copy of the occupancy permit shall be kept at all times upon the premises affected, and shall be displayed upon request made by any Building Inspector, Borough fireman or police officer. A record shall be kept of all occupancy permits issued and the original applications therefor shall be kept on file in the same manner as applications for building-zoning permits. No owner, tenant or other person shall use or occupy any building or structure thereafter erected or altered the use of which shall be changed after the passage of this chapter without first procuring an occupancy permit; provided that an occupancy permit once granted shall continue in effect so long as there is no change of use, regardless of change in the personnel or tenants or occupants.

For existing uses.

Review of applications and appeals.

Review of plans for special uses. Due to the relative diversity of uses permitted as special uses, the Planning Commission shall review each application for any special use to determine that such use will not be incompatible with or detrimental to adjoining uses; and further, where an application shall be for a special use, adequate safeguards shall be recommended by the Planning Commission to the Zoning Hearing Board to be conditions precedent to the issuance of a permit for said use.

Addition of other similar uses.

Report to Borough Council. Following the enactment of this chapter, the Planning Commission shall, from time to time, prepare and file with the Borough Council, but in no case at less than two-year intervals, a report on the operation of this chapter including recommendations on the enactment of amendments, supplements or changes thereto.

Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Official, who shall properly record such complaint and immediately investigate and report thereon.

Procedure for abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or regulation made under authority conferred hereby, the Borough Council, the Zoning Official or other proper official in addition to other remedies, may institute any appropriate action of proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.

Penalties. Any person, partnership or corporation who or which shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $500 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 60 days. Provided: Each day that a violation is continued shall constitute a separate offense.

Building-zoning permits for signs: $10.

Occupancy permit: $15.

Application or appeal to Zoning Hearing Board: $150.

Rehearing on applications and appeals: $50.

Bond for stenographic appearance fee (balance exceeding 1/2 of fee to be refunded at time bill is received): $100.