Permits required.
A. A building permit application shall be required and reviewed, and permits issued, in accordance with the Limerick Township Building Code, as amended.
B. A zoning use permit shall be required prior to any of the following:
Occupancy of any new construction or any alteration or addition to an existing structure when a building (UCC) permit is not required. No fees shall be charged for farm buildings constructed or altered for the purposes limited to agricultural use of the tract. However, zoning use permits shall still be required for farm buildings.
Change in use of any building or structure, whether or not the change involves physical alteration to the building or structure.
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a zoning use permit.
Change in use of a nonconforming use.
Change in occupancy in any nonresidential establishment. All new occupants of buildings shall be required to apply for and obtain a zoning use permit.
Development of one or more new vehicle parking spaces.
Development of any new or expanded outdoor commercial sales or display area.
Change in ownership of any nonresidential establishment.
C. It shall be a violation of this chapter for any person to use or occupy any building, structure or land until a zoning use permit has been duly issued.
D. Before final approval of any zoning application, satisfactory evidence of the approval of the Pennsylvania Department of Labor and Industry, other than for one- and two-family dwellings, shall be produced.
Zoning use permits.
A. Applications for zoning use permits shall be made, in writing, by the owner or tenant or authorized agent and shall be filed with the Zoning Officer on forms prescribed by him. The Zoning Officer shall require with the application some or all of the following, depending whether the permit is for alteration or development of a previously undeveloped property:
(1) A statement as to the proposed use of the building.
(2) A plan, drawn to scale, showing the location of the building in relation to property and right-of-way lines.
(3) A statement that the property and right-of-way lines shown on the plan have been located and staked on the premises by a surveyor or other person competent to give such location.
(4) The name and address of the person who has so located and staked the lines.
(5) A copy of the decision of the Zoning Hearing Board granting any special exception or variance required for the proposed use or building.
B. Upon completion of the erection, addition to or alteration of any building, structure or portion thereof authorized by any building permit obtained in compliance with this chapter, and prior to occupancy or other activity regulated by this chapter, the holder of such permit shall notify the Zoning Officer of such completion. Occupancy or other activity regulated by this chapter shall not be authorized until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with this and other applicable ordinances and the permit fee has been paid.
C. Pending completion of a building or alterations thereto, a temporary zoning use permit may be issued with limits and conditions as established by the Zoning Officer for a temporary occupancy of a part or all of a building, provided that such temporary occupancy of a part or all of a building would not tend in any way to jeopardize life or property.
D. Issuance of a zoning use permit or temporary zoning use permit shall in no way be construed to warrant in any way the workmanship, safety or quality of the structure or building materials used to construct the said structure or alterations thereto.
Issuance or refusal of permits.
If the Zoning Officer determines that an application is in compliance with the provisions of this chapter, it shall be his/her duty to issue the appropriate permit; and if he/she determines that an application is not in compliance with the provisions of this chapter, it shall be his/her duty to refuse the permit, in which case he/she shall instruct the applicant in the method as hereinafter set forth of appeal or application to the Zoning Hearing Board.
Appeals.
Any appeal from a determination of the Zoning Officer that is adverse to the landowner/applicant shall be filed by the landowner/applicant within 30 days after notice of the determination is issued. Any appeal from a decision of the Zoning Officer shall comply with Section 914.1 of the Pennsylvania Municipalities Planning Code, which is hereby included by reference, as amended.
Expiration of permits.
A. A Township zoning and construction permit shall be applied for within 12 months after a variance or special exception is approved. Otherwise, such approval shall expire.
B. Any applicable Township zoning use permit shall expire 12 months after the date of issuance, unless the permittee has commenced substantial construction or use of the property in a manner authorized by the permit.
C. The time limits in Subsections
A and
B above may each be extended if:
(1) So stated as part of a conditional use or special exception approval decision (such as for a development involving numerous phases over many years);
(2) So stated in writing by the Zoning Officer, up to 12 additional months, if the Zoning Officer determines the applicant has shown good cause in writing; or
(3) A related subdivision or land development plan is actively under consideration by the Township, in which case the time limits shall apply from the date of final plan approval by the Township.
Permit fees.
The applicant for a building permit or zoning use permit shall, at the time of making application, pay to the Township a fee in accordance with a fee schedule adopted by resolution of the Board of Supervisors.
Exemption from permit requirements.
A. In accordance with Section 619 of the Pennsylvania Municipalities Planning Code, as amended,
[1] the provisions of this chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the Township have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.
B. This chapter shall not regulate uses or structures owned by Limerick Township that serve a legitimate public purpose.
