A.   Scope.

      (1)   No person shall commence to erect, alter or convert any structure, building, lot or sign, nor alter the use of any land or structure until the Zoning Administrator has reviewed such change or construction and has issued a zoning permit or has determined that a permit is not required. Repairs and renovations (such as painting) shall not require Zoning Administrator review.

      (2)   Zoning permit required. A zoning permit indicates that a zoning application complies with this chapter to the best knowledge of the applicable municipal staff.

         (a)   A zoning permit is required to be issued prior to the start of any of the following activities:

            [1]   Erection, construction, movement, placement or expansion of a structure, building or sign.

            [2]   Change of the type of use or expansion of the use of a structure or area of land.

            [3]   Creation of a new use.

            [4]   Demolition of a building.

            [5]   Establishment of mineral extraction or an outdoor business storage area.

            [6]   Construction or expansion of a vehicle parking area.

            [7]   Increase the number of dwelling units or boarding house units.

      (3)   No person shall expand or change a nonconforming use, nor add to a nonconforming structure, nor change the use of land on which a nonconforming use or structure is situated, until the Zoning Administrator issues a zoning permit authorizing such activity.

      (4)   If a property with a nonresidential use changes ownership, the new owner shall submit a form to the City to transfer the zoning permit. Such form shall be completed to describe whether the new owner intends to continue the existing use or make any changes to the use. [Added 2-14-2011 by Ord. No. 8-2011]

      (5)   See also the requirements of Chapter 308, Housing, including but not limited to requirements for the designation of a local agent if the owner does not live locally. [Added 2-14-2011 by Ord. No. 8-2011]

   B.   Types of uses.

      (1)   A zoning permit for a permitted by right use may be issued by the Zoning Administrator.

      (2)   A zoning permit for a use requiring a special exception or variance shall be issued by the Zoning Administrator only upon the written order of the Zoning Hearing Board after a hearing.

      (3)   A zoning permit for a conditional use shall be issued by the Zoning Administrator only upon the written order of the City Council following a review by the Planning Commission.

   C.   Application.

   (1)   Form. All applications for a zoning permit shall be in writing on a form provided by the Zoning Administrator and shall be submitted to the Zoning Administrator, together with the required fee.

   (3)   Review. The Zoning Administrator may submit a copy of any plan and application to any appropriate agency and/or individual (such as Planning Commission, Department of Public Works, etc.) for review and comment.

   D.   Plans and specifications. Requests for zoning permits shall be accompanied by two copies of a plot plan that shall conform to the following requirements:

      (1)   Drawn to the scale one inch equals 20 feet, one inch equals 50 feet, or a scale deemed appropriate by the Zoning Administrator.

      (2)   Show the size and location of all new construction, as well as the location of all existing buildings, structures and signs.

      (3)   Show the dimensions and area, in square feet, of the lot and buildings situated thereon.

      (4)   Show the distance of all lot lines to the building setback line.

      (5)   Show the location of all adjacent streets, alleys and rights-of-way.

      (6)   Show all proposed and existing parking and loading areas with any proposed storm drainage facilities.

      (7)   Describe adjacent land uses.

      (8)   Show all required buffer zones and/or landscape areas.

   E.   Conditions of permit. The Zoning Administrator shall not issue a zoning permit unless the following conditions have been met or are satisfied:

      (1)   The use, building, structure or lot conform to the provisions of this chapter, except for:

         (a)   Variances to this chapter granted or special exceptions allowed and approved by the Zoning Hearing Board as hereinbefore set forth.

         (b)   Legal nonconforming buildings or uses existing prior to the enactment of this chapter.

      (2)   Written approval, where required, from the Zoning Hearing Board with all conditions required.

      (3)   Written statement from the Zoning Administrator that the conditions as listed in the Zoning Hearing Board's written approval have been met, satisfied or are substantially complete.

      (4)   All applications and documents have been revised in accordance with the conditions of any approval given by the Zoning Hearing Board.

   F.   Issuance. [Amended 3-10-2025 by Ord. No. 15A-2025]

   (1)   The Zoning Administrator shall issue or refuse an application for a zoning permit for a use permitted by right after receiving a complete application except as specifically provided for in this chapter.

   (2)   One copy shall be conspicuously posted by the applicant on the premises. No person shall perform development, construction or renovation activities regulated by this chapter of any kind unless a zoning permit is being displayed as required by this chapter.

   (3)   After the issuance of a zoning permit by the Zoning Office, no changes of any kind shall be made to the application, permit, plans, specifications or other documents submitted with the application without the written consent of the Zoning Administrator.

   G.   Compliance with permit. All work to or any use of any building, structure, sign or land shall conform to the approved application and plan for which the zoning permit was issued and any approved amendments thereto. The permit shall not be construed as authority to violate, cancel or set aside the provisions of this or any other ordinance unless otherwise expressly stated upon the zoning permit.

   H.   Duration of permit. [Amended 3-10-2025 by Ord. No. 15A-2025]

   (1)   A zoning permit shall be valid until such time as there is a change in use, condition, owner or lessee for which the permit was originally issued, except where the duration of the use or building is limited by action of the Zoning Hearing Board or provisions of this chapter or any amendment thereto.

   (2)   A zoning permit shall be deemed invalid 24 months after its date of issuance if the authorized work fails to commence within such time or, if the authorized work is suspended or abandoned for a period of 24 months or more after commencing the work. The Zoning Office may grant one or more extensions of time for additional periods not exceeding six months each, based upon an applicant's request. Upon expiration or invalidation of the zoning permit, all other permits issued thereon shall become invalid.

   (3)   Where the duration of the use or building has been limited by action of the Zoning Hearing Board or provisions of this chapter, or any amendment thereto, the life of the zoning permit shall be equally limited. In the event that a variance has been granted or other action has been authorized by the Zoning Hearing Board, the applicant shall secure the necessary permits within 24 months and commence the authorized action, construction or alteration within 36 months of the final action of the Zoning Hearing Board. The applicant may request, in writing, extensions of the 24-month period stating the reasons for delay. Unless the Zoning Office finds such reasons for delay justifiable, it may refuse to extend the 24-month and 36-month periods and may, after expiration of said 24-month and 36-month periods, rescind or revoke the granted variance, authorization and permit.

   (4)   All conditions of approval that have been rendered by the Zoning Hearing Board shall be contained within the written decision, which may include that terms of the approval and duration of any required zoning permits.

   A.   Certificate requirement. It shall be unlawful to use or occupy any structure, building, sign or land, or portion thereof, for which a permit is required herein or for which site improvements are required by the City or any agency with jurisdiction until a certificate of occupancy or conditions of approval for site improvements for such structure, building, sign, use or land or portion thereof has been authorized or approved by the City. [Amended 3-10-2025 by Ord. No. 15A-2025]

   B.   Application. The application for a certificate of occupancy shall be in such form as the Building Inspector may prescribe. The application shall set forth the intended use or occupancy of any structure, building, sign or land or portion thereof, for which a permit is required herein.

   C.   Inspection. The Zoning Administrator may inspect any structure, building or sign for conformity and compliance with the work listed in the issued permit and all other pertinent laws. No certificate of occupancy shall be issued if the Zoning Administrator has determined that the structure, building or use does not conform to the provisions of this chapter.

   D.   Maintenance of permit. The certificate of occupancy or a true copy thereof shall be kept available for official inspection at all times.

   A.   A temporary certificate of occupancy may be secured from the Building Inspector when it is necessary to continue a preexisting activity during modification, alteration or expansion of a building. A temporary certificate of occupancy may also be secured when it is necessary to occupy a portion of a large building or project before the entire building or project is completed.

   B.   The permit shall indicate that the portion occupied complies with the terms and the intent of the zoning permit and with the provisions of this chapter and any other applicable codes or regulations.

   C.   The Zoning Administrator may deny approval of a temporary certificate of occupancy if it is apparent that the intended occupants or the general public will be subject to hazards that may result from the continued construction activity or any other cause.

   D.   A temporary certificate of occupancy shall be reviewed whenever conditions for which it was issued change.

   E.   Temporary certificates of occupancy automatically terminate when the final certificate of occupancy is issued, or when the time period on such certificate expires.

   A.   A request for zoning permits or certificates of occupancy shall be denied if the information submitted therewith is incomplete, erroneous or otherwise unsatisfactory, or if the application fee is not remitted in full.

   B.   Revocation.

      (1)   The Zoning Administrator shall have the authority to revoke a zoning permit or approval issued under the provisions of this chapter in case of one or more of the following:

         (a)   Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based. (Note: The Pennsylvania Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.)

         (b)   Upon violation of any condition lawfully imposed by the Zoning Hearing Board upon a special exception use or variance or imposed by City Council upon a conditional use.

         (c)   Any work being accomplished or use of land or structures in such a way that does not comply with this chapter or an approved site plan or approved permit application.

         (d)   If the applicant has used the premises for felony criminal activity.

         (e)   If the Zoning Administrator becomes aware that a zoning permit was mistakenly issued in violation of this chapter. 4

      (2)   Prior to the effective date of a revocation of a permit or approval, an enforcement notice shall be first provided to the applicant, and the applicant shall be notified that they have a right of appeal to the Zoning Hearing Board.

      (3)   The Zoning Administrator shall also have the authority to withhold or suspend a zoning permit or other approval under this chapter if one of the conditions exist that are listed in Subsection B(1) above until such time as the applicant shows they have resolved a violation or inaccuracy.

The enactment of this chapter or amendment shall not require a change in plans, construction or designated uses for which a zoning permit has been issued prior to this enactment or amendment if construction has commenced within six months, construction is diligently continued, and the entire building or use shall have been completed within the life of the permit or authorized renewals thereof. In the event that construction has not begun within six months or is not diligently prosecuted or is not completed within the life of the permit or any authorized renewal, the permit shall lapse and the construction shall be subject to the zoning regulations existing at the time of said lapse, unless otherwise provided under state law.

It shall be the duty of the Zoning Administrator to keep a record of all applications for zoning permits, and records of all known registered nonconforming uses. The Zoning Administrator shall file and safely keep copies of all plans submitted which shall form a part of the records of his or her office. All records and permits issued shall be available for public inspection at reasonable times.

   A.   The owner of a premises occupied by a lawful nonconforming use or structure may secure a certificate of nonconforming use or structure from the Zoning Administrator, after providing evidence that it is a lawful nonconformity.

   B.   Such certificate shall be authorized by the Zoning Administrator and shall certify to the owner his or her right to continue such nonconforming use or structure, within the applicable limits of City ordinances and statutory and Pennsylvania case law.

   C.   Copies of certificates shall be maintained by the Zoning Administrator in accordance with the provisions of § 600-306 hereof.

The Zoning Administrator should prepare an annual report by March 31 for City Council summarizing all zoning transactions, all complaints of alleged violations, and any action taken regarding violations.