Mechanicsburg City Zoning Code
PART 13
PERMITS
§ 27-1301 Permitting Provisions.
[Ord. 1112, 1/19/2010]
A.
Administration and enforcement.
(1)
Appointment and powers of Zoning Officer.
(a)
For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Borough, shall be appointed.
(b)
The Zoning Officer shall meet the qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough a working knowledge of municipal zoning.
(c)
The Zoning Officer shall strictly construe this chapter and shall administer it 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 this chapter.
(d)
The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.
(2)
If the Zoning Officer shall find that any provisions of this chapter are being violated, he shall notify the owner of the lot upon which such violation is occurring by registered mail.
(4)
All questions of interpretation of this chapter shall be first presented to the Zoning Officer, and such questions shall be considered by the Zoning Hearing Board only on appeal from the determination of the Zoning Officer.
(5)
The Zoning Officer shall keep records of all applications either approved or disapproved, including one copy of each permit issued; shall maintain a journal of his activities; and shall submit a report annually, in time for its February regular meeting, to the Borough Council and to the Borough Planning Commission.
B.
Permits.
(1)
No building shall be expanded, structurally altered or occupied, and no use shall be commenced, altered or changed, without first obtaining a zoning permit and all other applicable permits from the Zoning Officer. Permits shall be required for construction of fences, exterior walls and patios but not for the installation or paving of walks or residential driveways when no earthmoving is involved or for erection of small auxiliary structures less than 100 square feet in floor area and not on a permanent foundation.
(2)
Applications for permits shall be made to the Zoning Officer for the project to be covered by the permit, using forms supplied by him. The permit shall bear the signatures of both the general contractor and the owner of the project.
(a)
No permit shall be issued until all other required permits have been obtained from any other office or agency (local, state, county, and federal).
(b)
If applicable, no permit shall be issued until the Zoning Officer determines whether a stormwater management plan is necessary for the project to be covered by the permit and, if so, finds that an approved plan meeting the requirements of Chapter 22, Subdivision and Land Development, have been submitted.
(3)
Prior to the issuance of a permit, applicable plans shall be submitted for review and approval to the Zoning Officer. As required by the Borough's applicable permit form(s), plans shall show the arrangements of buildings, structures, parking, and buffer yards and the placement, species, and size of all plant materials to be placed in buffer yards.
(4)
Applications shall include the following, in triplicate:
(a)
A site plan of the lot upon which the proposed construction is to occur, drawn to scale and dimensioned, showing the following, where applicable:
[1]
The boundaries of the lot, indicating dimensions and total area and names of record of owners of adjoining properties.
[2]
Public streets adjoining the lot, indicating right-of-way and pavement width.
[3]
Public utilities in the streets adjoining the lot and/or in easements running across the lot, identified by type and line size.
[4]
Existing buildings on the lot and the approximate location of walls of buildings or structures within 50 feet of the lot boundaries on adjacent properties.
[5]
The proposed building or structure, indicating height, dimensions between building and structures and all lot boundaries.
[6]
The location of proposed parking and loading areas and access drives/driveways, indicating the number of parking spaces.
[8]
Topographical information for the area to be developed at five-foot contour intervals, showing grade changes proposed and means of collecting and disposing of stormwater.
[9]
Architectural renderings and/or photography of adjacent buildings, dimension(s) of adjacent buildings and other requirements as applicable by this chapter.
[10]
The seal of approval of the State Department of Labor and Industry, if applicable, or in lieu of such seal, the M.A. number and file number of the project as carried by the Department.
(b)
A narrative statement indicating:
[1]
The proposed use of the structure to which the permit applies and the use of other buildings or structures on the lot, if any.
[2]
The number of dwelling units, whether for sale or rent, or commercial retail or service units, if applicable, that the building is designed to accommodate.
[3]
If the building or structure is part of a larger complex of buildings or structures to be erected over time on the same lot, an indication of location and scheduling of future construction.
[4]
If the building or structure is for commercial, industrial or multifamily residential use, the area of the lot to be occupied on the ground by the building or structure.
[5]
A statement giving the developer permission to build if the developer and owner of the land are not the same person or corporation.
(c)
The Zoning Officer may waive portions of these requirements where interior work or construction not affecting the outside dimensions of an existing building is involved or no site work is included.
(d)
The Zoning Officer may, to satisfy requirements of other development ordinances adopted by Mechanicsburg Borough, expand the application form to secure additional information necessary to assure conformance with such other development ordinances.
(e)
Building plans and specifications as required by the Mechanicsburg Borough Code relating to building codes/construction.
(5)
Upon completing his inspection and finding the application and premises compatible, the Zoning Officer shall approve the application and return one copy of the documents together with a signed permit authorizing the applicant to proceed.
(6)
If the application is not satisfactory, the Zoning Officer shall return all but one set of the application documents together with a letter indicating the specific reasons why the application cannot be approved and the changes needed to make it acceptable.
(7)
The Zoning Officer shall visit the lot whereon the approved construction is taking place in order to assure himself that the work is proceeding in accordance with the application documents. If new construction is proposed to occupy area adjacent to lot lines, the Zoning Officer may order the owner to have stakes positioned by a registered surveyor to indicate the lot line and outline of the new construction. Subsequently, the Zoning Officer, depending on the type of construction proposed, shall visit the site after the pouring of foundation footers, at the conclusion of erection of structural members and rough-in carpentry, and upon completion of the structure. The Zoning Officer shall not be denied access to the lot in order to inspect the construction in progress and may order the work halted pending appeal to the Zoning Hearing Board or corrected to conform to the approved application documents.
(8)
If an applicant wishes to amend the use, arrangement or construction of the structure from that shown on the application documents after such documents are approved, he shall file with the Zoning Officer an application for a permit to cover the proposed amendment. All work shall conform to the approved application documents for which the permit has been issued and any approved amendments thereto.
(9)
A permit shall become void six months after issuance if commencement of the use or construction has not been commenced and vigorously pursued. Notwithstanding the foregoing, all permits shall expire and be null and void after one year from date of issuance. Upon request, the Zoning Officer may extend a permit where he/she is satisfied that the construction or use cannot reasonably be completed with one year and the owner has pursued such construction or use diligently without interruption. Continuation of a use or construction after a zoning permit shall have expired shall be a violation of this chapter.
§ 27-1302 Occupancy Permit.
[Ord. 1112, 1/19/2010]
A.
No land or no structure, whether newly constructed, expanded or altered, shall be occupied and no use shall be commenced, altered or changed unless an occupancy permit and all other applicable Borough permits have been issued by the Zoning Officer. The Zoning Officer shall act upon all applications for occupancy permits within 15 days of receipt. The Zoning Officer shall keep a record of all applications and permits.
B.
An occupancy permit shall be a statement issued by the Zoning Officer setting forth that a building, structure, parcel, or use of land complies with the provisions of this chapter.
C.
No vacant land shall be occupied or used, and no structure or part of a structure hereafter erected, substantially altered or changed in use shall be occupied or used, until an occupancy permit shall have been issued by the Zoning Officer.
D.
An occupancy permit for the use or occupancy of vacant land or for a change in the use of land, or for a change in the use of an existing building, either for a whole or part of a new building or for the alteration of an existing building, shall be applied for coincident with the application for a building or zoning permit and shall be issued or denied within 15 days after a final inspection and approval by the Zoning Officer.
E.
An occupancy permit for changing or extending a nonconforming use existing at the effective date of this chapter or an amendment thereto shall be applied for and issued before any such nonconforming use shall be changed or extended. Such certificate shall be issued within 15 days after a final inspection by the Zoning Officer.
F.
A record of all certificates of use shall be kept on file in the office of the Zoning Officer, and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.
§ 27-1303 Temporary Use Permit.
[Ord. 1112, 1/19/2010]
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 through the Borough Administration Office. A site plan shall be submitted with a temporary use permit application.
C.
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.