Permitted uses. A zoning permit for a permitted use may be issued by the Zoning Officer on his own authority.

Special exception uses. A zoning permit for a special exception may be issued by the Zoning Officer after a review and upon the order of the Zoning Hearing Board.

Conditional uses. A zoning permit for a conditional use may be issued by the Zoning Officer after review by the Planning Commission and upon the order of the governing body.

Zoning permit after an appeal or a request for a variance. A zoning permit may be issued by the Zoning Officer upon the order of the Zoning Hearing Board and after a public hearing held by the Board for the purpose of deciding upon the appeal or a request for a variance.

Zoning permits. The purpose of the zoning permit is to determine compliance with the provisions of this chapter, and no person shall erect, alter, or convert any structure, building, or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter, until a zoning permit has been issued by the Zoning Officer. All applications for zoning permits shall be in writing on forms to be furnished by the Zoning Officer. Zoning permits shall be issued in duplicate, and one copy shall be kept conspicuously on the premises, and no person shall perform building operations of any kind unless a zoning permit is being displayed as required by this chapter. The Zoning Officer or the Board may revoke a zoning permit at any time if it appears that the application is in any material respect false or misleading or that work being done upon the premises differs materially from that called for in the application.

Time limit for application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued, except that reasonable extensions of time for additional periods not exceeding 90 days each may be granted at the discretion of the Zoning Officer.

Expiration of permit. The 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 one year.

Occupancy permits. The purpose of an occupancy permit is to certify that the premises comply with the provisions of this chapter and other applicable regulations and may be used for the purposes set forth in the occupancy permit. Prior to the use or occupancy for any land or building for which a zoning permit is required or for any change of use of any existing building or for any change of use of land, an occupancy permit shall be secured from the Zoning Officer. A copy of the occupancy permit shall be kept upon the premises and shall be displayed upon request made by any officer of the municipality. All applications for occupancy permits shall be in writing on forms to be furnished by the Zoning Officer.

Certificate of nonconformity. All uses or structures lawfully existing prior to the adoption of this chapter, not in conformance with the requirements presently applicable thereto, shall be identified by the Zoning Officer. Such nonconforming uses or structures shall be registered through the issuance of a certificate of nonconformity by the Zoning Officer. This certificate shall be for the purpose of insuring to the owner or occupant of the premises the right to continue such nonconformity.

Appointment of enforcement officer. This chapter shall be enforced by the Zoning Officer, who shall be appointed by the governing body of the municipality.

Deputy Zoning Officer. The Zoning Officer may designate an employee of the Borough as his Deputy, who shall exercise all the powers of the Zoning Officer as may be delegated by the Zoning Officer.

Duties and powers. The Zoning Officer shall receive and examine all applications required under the terms of this chapter and shall issue or refuse permits within 30 days of the receipt of the application or shall refer said application to the appropriate body. The Zoning Officer shall issue a written notice of violation to any person, firm, or corporation violating any provisions of this chapter. He shall keep records of applications or permits or certifications issued, of variances granted, of inspections made, of reports rendered and of notices or orders issued and perform all other duties as called for in this chapter. The Zoning Officer may require such drawings, plans, surveys or other documentation as necessary for the enforcement of this chapter.

Board is hereby created. The governing body of the municipality does hereby create a Zoning Hearing Board as provided for by the laws of the Commonwealth of Pennsylvania. The existing Board shall continue under the procedures stated herein.

Appointment of members. Members of the Board and their successors shall be appointed, on the expiration of their respective terms, to serve three years. An appointment to fill a casual vacancy shall be only for the unexpired portion of the term.

Duties and powers. The Board shall be responsible for the interpretation of this chapter and shall adopt and make available to the public rules for the exercise of its functions. The duties and powers of the Board shall be to hear and decide appeals where it is alleged that an error has been made in the enforcement of this chapter and hear and decide requests for special exception uses and variances. The Board shall perform such other duties as may be provided or made necessary by this chapter, including the interpretation of boundaries, the holding of public hearings, the referral of any pertinent matter to the Commission for review and recommendations, and the maintenance of records on all decisions and findings.

Referral to the Commission. The Board may refer to the Commission all applications for special exceptions and any other applications or appeals which, in the opinion of the Board, require review by the Commission. In its review, the Commission shall determine compliance with the standards set forth in this chapter and, in all cases, shall report in writing its findings and recommendations to the Board within 30 days.

The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. Subject to the provisions of the Municipalities Planning Code,[1] the Board may, by rule, prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided the following findings are made where relevant in a given case:

In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.

Appeal from a decision of the Zoning Officer. Any person or official of the Borough aggrieved or affected by any provision of this chapter or by any decision, including any order to stop, cease, and desist, issued by the Zoning Officer may appeal. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the Zoning Officer and with the Zoning Hearing Board a notice of appeal specifying the grounds thereof. All such appeals shall be accompanied by the payment of a fee, in an amount as may from time to time be determined by the Borough Council of the Borough of Mount Union, to reasonably cover the costs of the appeal proceeding before the Zoning Hearing Board.

Expiration of appeal decision. Unless otherwise specified by the Board, a decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary zoning permit or comply with the conditions of said authorized permit within six months from the date of authorization thereof.

Appeal from decision of Board. Any appeal from a decision of the Zoning Hearing Board shall be made to the Court. In case of an appeal from the Board to the Court of Common Pleas, the Board shall make the return required by law, and shall promptly notify the Solicitor to the municipality of such appeal and furnish him with a copy of the return, including a transcript of the testimony. Any offer of the Board not appealed within 30 days shall be final.

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Officer certified to the Board, after the notice of appeal shall have been filed, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board after notice to the Zoning Officer or by the Court of Common Pleas.

Information required on appeals to the Board. All appeals from a decision of the Zoning Officer and application to the Board shall be in writing on forms prescribed by the Board. Every appeal or application shall include the following:

Public hearings to be held by Board. Upon filing with the Board of an appeal or a request for a variance as required by the terms of this chapter, or for such other purposes as provided herein where the Board deems it in the public interest, the Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within 45 days after the hearing or, if said hearing is continued, within 45 days after said continued hearing. If the Zoning Hearing Board does not make a decision within 45 days after the hearing or continued hearing, it shall be deemed that such Board has decided in favor of the person or official of the municipality aggrieved or affected who is seeking relief. Upon the hearing, any party may appear in person or by agent or by attorney.

Such use shall be one which is specifically authorized as a special exception use in said district.

Such permits shall only be granted subject to any applicable conditions and safeguards as required by this chapter.

Such permit may be granted subject to additional reasonable conditions and safeguards as may be deemed by the Board to be advisable and appropriate.

Such use shall be found by the Board to be in harmony with the general purpose and intent of this chapter.

Such use shall not adversely affect the character of the district, nor the conservation of property values, nor the health and safety of residents or workers on adjacent properties and in the general neighborhood.

Such use shall be such appropriate size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood.

The notification of abutting property owners.

Uses shall meet the provisions and requirements of the Borough Subdivision and Land Development Ordinance, as amended.

Should the applicant fail to obtain the necessary permits within a six-month period, or, having obtained the permit, should he fail to commence work thereunder within such six-month period, it shall be conclusively presumed that the applicant has waived, withdrawn, or abandoned his appeal or his application, and all provisions, conditional uses and permits granted to him shall be deemed automatically rescinded by the Borough Council.

Amendments initiated by the Borough Planning Commission. When an amendment, supplement, change or repeal is initiated by the Borough Planning Commission, the Borough Council shall, at least 30 days prior to the date of the hearing on the proposed amendment, submit the amendment to the County Planning Commission for its review and recommendations.

Amendments initiated by Borough Council. When an amendment, supplement, change or repeal is initiated by Council, it shall submit the proposal to both the Borough Planning Commission and the County Planning Commission for review and recommendations at least 30 days prior to the date fixed for the public hearing to consider the amendment, supplement, change or repeal.

Curative amendment initiated by landowner. When a landowner desires to challenge, on substantive grounds, the validity of this chapter or map or any provision thereof, said landowner may submit a curative amendment to the Council with a written request that his challenge and proposed amendments be heard and decided as provided in the Pennsylvania Municipalities Planning Code, as amended.[2]

Procedure for petition. The petition for amendment, supplement, change or repeal shall contain as fully as possible all relevant information and shall be signed by at least one record owner of the property in question, whose signature shall be notarized, attesting to the truth and correctness of all the facts and information presented in the petition. The fee established by resolution of Borough Council shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein.

Public hearing. Borough Council shall fix a time and place for a public hearing at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in one newspaper of general circulation in the Borough once each week for two successive weeks; the first publication shall be not more than 30 days and not less than 14 days prior to the date of said hearing.

Authentication of Official Zoning Map.[3] Whenever there has been a change in the boundary of a zoning district or a reclassification of the zoning district adopted in accordance with the above, the change on the Official Map shall be made and shall be fully certified by the Borough Secretary and shall thereafter be refiled as part of the permanent records of the Borough.

Governing body may initiate appropriate action. 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 governing body of the municipality, or, with its approval, the Zoning Officer or other proper official, in addition to other remedies, may institute in the name of the municipality any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation and 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.

Violation punishable. Any persons, firm or corporation violating any provision of this chapter shall, upon conviction, be punished by a fine not to exceed $500 for any offense, recoverable with costs, together with judgment, or imprisonment not exceeding 30 days if the amount of said judgment is not paid. Each day that a violation is permitted shall constitute a separate offense.