Middleburg City Zoning Code
PART 10
ADMINISTRATION AND ENFORCEMENT
§ 27-1001 Appointment and Powers of Zoning Officer.
[Ord. 206, 2/4/1985; as amended by Ord. 243, 2/27/1996]
1.
For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Borough, shall be appointed.
2.
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.
3.
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 this chapter.
4.
The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.
§ 27-1002 Building Permit Required.
[Ord. 206, 2/4/1985]
No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor. No building permit, as required by the Middleburg Borough Building Code, shall be issued except in conformity with the provisions of this chapter, except after written order from the Zoning Hearing Board in the form of an administrative review, special exception, or variance as provided by this chapter.
§ 27-1003 Application for Building Permit.
[Ord. 206, 2/4/1985]
1.
All applications for building permits shall be accompanied by plans, in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to build upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include other information as lawfully may be required by the Zoning Officer, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions exiting on the lot; and such other matters as may be necessary to determine conformance with and to provide for the enforcement of this chapter.
2.
The Zoning Officer or his authorized agent shall mark such plans as either approved or disapproved and attest to the same by his signature on such copies. The Zoning Officer or his authorized agent shall also certify on the application for a building permit that the plans and additional information presented thereon meet the minimum requirements of this chapter and attest to the same by his signature on such application. A copy of the application, similarly certified, shall be retained by the Zoning Officer.
§ 27-1004 Certificate of Occupancy Required.
[Ord. 206, 2/4/1985]
It shall be unlawful to use or permit the use of any building, structure or premises or any part thereof hereafter created, erected, changed, converted, altered or enlarged, wholly or partly, in its use or structure, except for minor alterations involving no change in the floor area or use, until a certificate of occupancy shall have been issued therefor. Such certificate shall show that such building, structure or premises, or part thereof, and the proposed use thereof are in conformity with the provisions of this chapter or an order of the Zoning Hearing Board, and the Zoning Officer or his authorized agent shall attest to such conformance by his signature on such certificate. A copy of the certificate of occupancy shall be retained by the Zoning Officer. Under such rules and regulations as may be established by the Zoning Officer, a temporary certificate of occupancy may be issued for part of a building. Failure to obtain zoning approval on a certificate of occupancy shall be a violation of this chapter and punishable under § 27-1404 of this chapter.
§ 27-1005 Certificates of Zoning Compliance for Nonconforming Uses.
[Ord. 206, 2/4/1985]
1.
No nonconforming 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, provided, upon enactment or amendment of this chapter, owners or occupants of nonconforming uses shall have six months to apply for certificates of zoning compliance. Failure to make such application within six months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this chapter. No provision of this section shall be interpreted to require that a certificate of zoning compliance for nonconforming uses be issued upon a change of tenant or sale of property to a new owner.
2.
The provisions of this section are applicable only to nonconforming uses of land, structures or structures and premises in combination for the purpose of registration of said nonconforming use through the issuance of a certificate of zoning compliance. It is not the intent of this chapter to require the registration of conforming land uses which may deviate from the provisions of the height, area and bulk regulations or other applicable controls of this chapter.
