Whitehall Township Lehigh County
City Zoning Code
City Zoning Code
ARTICLE IV
Permits
§ 27-16 Type.
§ 27-17 Airport zone permits.
See § 27-190, Airport zone permits.
§ 27-18 Building permits.
[Amended 12-18-1989 by Ord. No. 1657]
Building permits shall be secured from the Zoning Officer prior to any alteration, construction, conversion, erection, excavation, extension, placement, reconstruction, repair, replacement or restoration of any building or structure, whether or not conforming, and whether or not affixed to the ground and specifically includes, but is not limited to, buildings, fences, heliports, garages, satellite earth station dishes, swimming pools, temporary utility trailers, sheds, signs and all other structures.
§ 27-19 Construction in floodplain and floodprone area permits.
See § 27-175, Administration.
§ 27-20 Occupancy permits.
[Amended 12-18-1989 by Ord. No. 1657]
A.
No building shall be occupied or used until such time as an occupancy permit is secured from the Zoning Officer.
B.
The Zoning Officer shall not approve any occupancy permit until the Zoning Officer has determined that the building, structure or use conforms with the provisions of this chapter and any and all other applicable codes or regulations.
C.
No building, structure or part thereof, the use of which has been changed or which has been subject to any structural alteration, shall be occupied until such time as an occupancy permit has been issued.
D.
Changes in the use or tenants of commercial or industrial businesses located in existing structures may be reviewed and approved by the Zoning Officer without submitting a formal request to the Whitehall Township Planning Commission, provided that:
[Amended 5-10-2010 by Ord. No. 2825]
(1)
The use is a permitted use as of right within the zoning district in which the structure is situate.
(2)
There are no proposed exterior structural additions or changes in excess of 30% of the existing building area.
(3)
The appropriate enforcement officers of the Township have certified that there are no open or unfulfilled conditions imposed by the Zoning Hearing Board, Board of Commissioners, or other officers of the Township.
(4)
All necessary and required permits are applied for and secured, when necessary, prior to occupancy. This includes, but may not be limited to, Township permits, and state and federal permits when necessary (i.e., Pennsylvania Department of Environmental Protection, NPDES, Pennsylvania Department of Public Welfare, Pennsylvania Department of Agriculture, and PennDOT Highway Occupancy Permit).
(5)
When occupying up to 30% of an existing commercial or industrial structure or property with a new tenant or use, the property owner or tenant shall:
(a)
Replace or repair at least 50% of any damaged sidewalks or walks abutting the entrance to the particular area being occupied. Accessible ramps shall be provided where necessary.
(b)
At least 30% of the site landscaping and parking areas shall be restored and refurbished, unless acceptable documentation can be provided to the Zoning Officer indicating that restoration and/or refurbishment has been done within the 12 months preceding the request for a new certificate of occupancy for that particular area to be occupied.
(c)
Where no curbing or guiderail is provided to enclose the parking area servicing the use, curbing, guiderail, precast curbing sections, bumper blocks or a similar device as approved by the Township Engineer shall be installed.
(d)
If already existing, bumper blocks shall be re-pinned, and damaged blocks shall be replaced.
(e)
All traffic control in the parking area shall be inspected and reconditioned, repainted or replaced.
(f)
All site lighting shall be re-evaluated, repaired and, if necessary, replaced.
(6)
When occupying up to 69% of an existing commercial or industrial structure or property with a new tenant or use, the property owner or tenant shall:
(a)
Replace or repair at least 50% of any damaged sidewalks or walks abutting the entrance to the particular area being occupied. Accessible ramps shall be provided where necessary.
(b)
At least 50% of the site landscaping and parking areas shall be restored and refurbished, as well as 50% of the exterior of the structure, unless acceptable documentation can be provided to the Zoning Officer indicating that such restoration and/or refurbishment of said areas has been done within the 12 months preceding the request for a new certificate of occupancy for the particular area to be occupied.
(c)
Where no curbing or guiderail is provided to enclose the parking area servicing the use, curbing, guiderail, precast curbing sections, bumper blocks or a similar device as approved by the Township Engineer shall be installed.
(d)
If already existing, bumper blocks shall be re-pinned, and damaged blocks shall be replaced.
(e)
All traffic control in the parking area shall be inspected and reconditioned, repainted or replaced.
(f)
All site lighting shall be re-evaluated, repaired and if necessary replaced.
(7)
When occupying 70% to 100% of an existing commercial or industrial structure with a new tenant or use, the property owner or tenant shall:
(a)
Replace and restore any damaged sidewalks and provide accessible ramps where required for the entire site.
(b)
One hundred percent of the site landscaping and parking areas shall be restored and refurbished, as well as 100% of the exterior of the structure, unless acceptable documentation can be provided to the Zoning Officer indicating that restoration and/or refurbishment of said areas to be occupied has been done within the 12 months preceding the request for a new certificate of occupancy.
(c)
Where no curbing or guiderail is provided to enclose the parking area servicing the use, curbing, guiderail, precast curbing sections, bumper blocks or a similar device as approved by the Township Engineer shall be installed.
(d)
If already existing, bumper blocks shall be re-pinned, and damaged blocks replaced.
(e)
All traffic control in the parking area shall be inspected and reconditioned, repainted or replaced.
(f)
All site lighting shall be re-evaluated, repaired and if necessary replaced.
§ 27-21 Temporary occupancy permits.
A.
A temporary occupancy permit may be secured from the Zoning Officer when it is necessary to continue a preexisting activity during modification, alteration or expansion of a building. A temporary occupancy permit may also be secured when it is necessary to occupy a portion of a building or project before the entire building or project is completed.
B.
The permit shall indicate that the portion occupied substantially complies with the terms and the intent of the building permit and with the provisions of this chapter and any other applicable codes or regulations.
C.
The Zoning Officer may deny issuance of a temporary occupancy permit if the Zoning Officer determines that the intended occupants will be subject to hazards that may result from the continued construction activity or any other cause.
[Amended 12-18-1989 by Ord. No. 1657]
D.
A temporary occupancy permit shall be reviewed whenever conditions for which it was issued have changed.
[Amended 12-18-1989 by Ord. No. 1657]
E.
Temporary occupancy permits shall automatically terminate when the final occupancy permit is issued or the expiration of 90 days from the date of issuance.
[Amended 12-18-1989 by Ord. No. 1657]
§ 27-22 Temporary sign permits.
See Article XIII, Signs.
§ 27-23 Use permits.
Use permits shall be secured from the Zoning Officer prior to the use of a building, structure, land or sign, whether or not a permitted, accessory or nonconforming use and prior to changing the use, area of use, percentage or use or extending or displacing a use, in whole or in part, of any building, structure, land or sign. In addition to the foregoing, use permits shall be required prior to the creation or change of home occupations.
§ 27-24 Form of application.
[Amended 12-18-1989 by Ord. No. 1657]
The application for a permit shall be submitted on the form provided by the Zoning Officer and shall be accompanied by the required fee, plans of proposed construction, erection, alteration and other information as required by the Zoning Officer.
§ 27-25 By whom application is made.
All requests for permits shall be made in writing by the contractor employed by the owner or lessee of the building or structure to perform the proposed work or their authorized agents or if there is no contractor, then in that event, the request for a permit shall be made as aforesaid by the legal or equitable owner. Written proof of ownership or equitable interest shall be provided to the Township upon request therefor. Failure to provide such proof of ownership or equitable interest shall be, in and of itself, a sufficient basis for refusal to accept and process an application.
§ 27-26 Conditions of permit.
The Zoning Officer shall not issue a permit unless the following conditions have been met or are satisfied:
A.
Written approval, where required, is secured from the Zoning Hearing Board or Commissioners with all conditions required attached thereto.
B.
All applications and support documents have been provided or revised in accordance with the conditions of any approval given by any authorized Township review body or officer.
C.
The proposed building, structure or use conforms to the provisions of this chapter and all other ordinances in the Township except for:
(1)
Variances granted from the provisions of this chapter, special exceptions, or conditional uses allowed and approved by the Zoning Hearing Board or Commissioners;
[Amended 12-18-1989 by Ord. No. 1657]
(2)
Nonconforming buildings, structures or uses legally existing prior to the enactment of this chapter.
§ 27-27 Action on application.
A permit shall be issued or denied by the Zoning Hearing Officer within 30 days of application or as otherwise required by law. All permits are issued subject to compliance with all other applicable ordinances, rules and regulations of the Township.
§ 27-28 Denial and revocation of permits.
[Amended 12-18-1989 by Ord. No. 1657]
A request for a permit shall be denied if the information submitted therewith is incomplete, erroneous or otherwise unsatisfactory, or if the application fee is not remitted in full. The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter if the Zoning Officer determines that any false statement or misrepresentation of fact exists on the application or on the plans upon which the permit or approval was based or if a change in use occurs which is inconsistent with the requirements of the permit, this chapter or the representations of the applicant.
§ 27-29 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 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 permitted or stated upon the permit.
§ 27-30 Duration of permit.
A.
Except where the duration of the use or building is limited by action of the Zoning Hearing Board, Commissioners or provisions of this chapter, a permit shall be valid for a period of one year from the date of issuance or until such time as there is a change in use, a change in ownership of the subject premises or a change in a condition for which the permit was originally issued, whichever shall first occur.
B.
Where the duration of the use or building has been limited by action of the Zoning Hearing Board, Commissioners or provisions of this chapter, the life of the permit shall be equally limited. In the event that a variance, special exception or conditional use has been granted or approved or other action has been authorized by the Zoning Hearing Board or Commissioners, the applicant shall secure the necessary permits and commence the authorized action, construction or alteration within one year of the final action of the Zoning Hearing Board or Commissioners. The applicant may request, in writing, extensions of the one year period from the body granting the variance or approval stating the reasons for delay. Unless the Zoning Hearing Board or Commissioners find such reasons for delay justifiable, it may refuse to extend the one year period and may, after expiration of said one year period, rescind or revoke the granted variance, approval, authorization and permit. When it is suspected that the authorized construction or development will commence in phases over an extended period of time, the Zoning Hearing Board or Commissioners may establish a schedule for the procurement of permits in lieu of the one year period specified hereinabove. If in the opinion of the Zoning Officer the authorized work is suspended or abandoned for a period of six months after the time of commencing work, such permit shall become invalid. Upon expiration or invalidation of the permit, all other permits issued thereon shall become invalid.
C.
When a variance, special exception or conditional use has been granted or approved, or other similar action has been authorized with respect to a particular development plan, use or by the Zoning Hearing Board or Board of Commissioners prior to the enactment of this chapter, then the applicant, his heirs, successors or assigns shall be entitled to the issuance of a building permit for said development or use provided that a detailed development plan is submitted to the Zoning Officer and that said plan conforms in every respect with the development plan submitted to the Zoning Hearing Board or Board of Commissioners during the authorization process. In the event that the proposed development plan is inconsistent with the original plan submitted to the Zoning Hearing Board or Board of Commissioners, then the building permit shall not be issued unless the inconsistencies as set forth in the proposed development plan comply with the current zoning requirements.
[Amended 4-8-1991 by Ord. No. 1729]
§ 27-31 Records.
It shall be the duty of the Zoning Officer to keep a record of all applications for permits, a record of all permits issued, together with a notation of all special conditions involved. Such records shall be the property of the Township. The Zoning Officer shall file and safely keep copies of all plans submitted which shall form a part of the records of his office. All records and permits issued shall be open to public inspection at reasonable times.
§ 27-32 Report.
The Zoning Officer shall prepare a monthly report sheet for the Commissioners summarizing for the period since the last report all permits issued, all complaints of alleged violations and any and all action taken regarding those permits and violations.