A. A certificate of use and occupancy shall not be required for any residential dwelling that exists on the date of adoption of this chapter unless a building/zoning permit is issued for the movement, reconstruction or alteration of the dwelling that results in a change in the location of the dwelling, the total lot coverage or the total number of families housed in the dwelling.
B. When a building/zoning permit has been issued for the reconstruction, alteration or movement of any other structure or the construction of any new structure, including dwellings, it shall be unlawful to use or occupy that structure without a certificate of use and occupancy. Upon completion of the construction, reconstruction, alteration or movement of the structure, the holder of the building/zoning permit shall notify the Zoning Officer that the work has been completed and the structure is ready to be used or occupied.
C. Upon inspection and determination that all applicable ordinance regulations and any conditions attached to the issuance of the building/zoning permit have been met, the Zoning Officer shall issue a certificate of use and occupancy.
D. For all uses in the C Zoning District, and for all commercial uses and two-unit and multi-unit dwellings in any zoning district, any change in occupancy from one owner or tenant to another or any change from one use to another of any structure or lot shall require the issuance of a certificate of use and occupancy, whether or not a building/zoning permit is required. Prior to occupying the building or structure in which the change of use or occupancy is established, the landowner or lessee shall be required to make an application for a certificate of use and occupancy. The Zoning Officer shall determine that all applicable regulations of this chapter for the proposed change of use or change of occupancy have been met prior to issuing the certificate of use and occupancy.
E. Issuance of all certificates of use and occupancy shall be subject to payment of the required fee established from time to time by resolution of the Borough Council.
F. Certificate of use and occupancy for adult businesses.
(1) Any person who operates an adult business, as herein defined, without a valid certificate of use and occupancy issued by the Borough shall be in violation of this chapter. In addition to the requirements for obtaining a certificate of use and occupancy specified above, all of the following requirements shall be met:
(a) An application for a certificate of use and occupancy to operate an adult business shall be made on a form provided by the Zoning Officer. The application shall be accompanied by a sketch or diagram showing the floor plan and plot plan configuration of the premises, including a statement of the gross floor area proposed to be occupied by the adult business. The sketch or diagram need not be prepared by an engineer, architect or surveyor, but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Parking facilities shall be specifically identified and shall comply with the applicable requirements of this chapter. Nonconforming structures that do not have the required parking spaces shall not be issued permits unless the adult business was in existence as a lawful use prior to October 1992.
(b) The premises shall be inspected and found to be in compliance with all applicable codes and ordinances by the Borough Fire Marshal and the Borough Code Enforcement Officer. The Borough Code Enforcement Officer and Borough Fire Marshal shall complete their certification that the premises are in compliance or are not in compliance within 20 days of receipt of the application by the Borough Zoning Officer.
(c) If the applicant for an adult business is an individual, the individual shall sign the application for a certificate of use and occupancy as the applicant. If the applicant is other than an individual, each individual who has an interest of 10% or greater in the business shall sign the application for a certificate of use and occupancy as the applicant. If a corporation is listed as the owner of an adult business or as the entity who wishes to operate the adult business, each individual having a direct or indirect interest of 10% or greater in the corporation shall sign the application for a certificate of use and occupancy as the applicant.
(d) The fact that an applicant possesses other types of Borough permits shall not exempt the applicant from the requirement of obtaining a certificate of use and occupancy to operate an adult business in accordance with the requirements of this subsection.
(2) Issuance of a permit under this subsection shall be subject to a finding that none of the following factors exist:
(a) An applicant is under 18 years of age or any person performing, acting or depicted in any manner in the performance of such activity may or will be under the age of 18.
(b) An applicant or applicant’s spouse is overdue in their payment to the Borough of taxes, fees, fines or penalties assessed against or imposed on them in relation to any adult business in the Borough.
(c) An applicant has failed to provide information reasonably necessary for issuance of the certificate of use and occupancy or has falsely answered a question or request for information on the application form.
(d) An applicant is residing with a person who has been denied a certificate of use and occupancy in the Borough to operate an adult business within the preceding 12 months or is residing with a person whose certificate of use and occupancy to operate an adult business has been revoked within the preceding 12 months.
(e) The fee required for a certificate of use and occupancy by this article has not been paid.
(f) An applicant of the proposed adult business establishment is in violation of or is not in compliance with any of the provisions of this article.
(g) An individual applicant or any individual holding a direct or indirect interest of 10% or greater of a corporate applicant, if the applicant is a partnership or the manager or other person in charge of the operation of the applicant’s business, has or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including but not limited to prostitution, obscenity and possession of child pornography, or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania, if such conviction shall have occurred within two years of the date of application in the event of a misdemeanor and within five years of the date of application in the event of a felony.
(3) The certificate of use and occupancy, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the adult business. The certificate of use and occupancy shall be posted in a conspicuous place at or near the entrance to the adult business so that it may be easily read at any time.
(4) The annual fee for an adult business permit shall be as set from time to time by resolution of the Borough Council.
(5) An applicant or holder of a certificate of use and occupancy shall permit representatives of the Police Department, Fire Marshal, Code Enforcement Officer, Zoning Officer or other Borough departments or agencies to inspect the premises of an adult business for the purpose of ensuring compliance with the law at any time that the adult business is occupied or open for business.
(6) Any person who operates an adult business or their agent or employee shall violate this article if they refuse to permit such lawful inspection of the premises at any time it is occupied or open for business.
(7) The certificate of use and occupancy shall not be transferable to another person or any other property or adult business.
(8) Each certificate of use and occupancy shall expire one year from the date of issuance and may be renewed only by making application as provided in this subsection. Application for renewal shall be submitted to the Borough Zoning Officer at least 30 days before the expiration date and, when made less than 30 days before the expiration date, the pendency of the application shall not prevent expiration of the certificate of use and occupancy.
(9) If the Zoning Officer denies renewal of a certificate of use and occupancy, the applicant shall not be issued a certificate of use and occupancy for one year from the date of denial, except that after 90 days have elapsed since the date of denial, the applicant may be granted a certificate of use and occupancy if the Zoning Officer finds the basis for the denial of the renewal of the certificate of use and occupancy has been corrected or abated.
(10) The Zoning Officer shall suspend a certificate of use and occupancy for a period not to exceed 30 days if they determine that the holder of a certificate of use and occupancy or an employee of the holder of the certificate of use and occupancy or an occupant of the premises has:
(a) Violated or is not in compliance with any provision of this chapter.
(b) Engaged in excessive use of alcoholic beverages while on the premises of the adult business.
(c) Knowingly allowed possession, use or sale of controlled substances on the premises.
(d) Refused to allow an inspection of the adult business premises as authorized by this chapter.
(e) Knowingly permitted gambling or prostitution by any person on the adult business premises.
(f) Knowingly allowed any action of sexual intercourse, sodomy, oral copulation, masturbation or other explicit sexual conduct to occur in or on the premises.
(g) Failed to man managers’ stations and/or maintain viewing rooms as set forth in this chapter.
(11) The Zoning Officer shall revoke a certificate of use and occupancy if a cause of suspension set forth in this article occurs and the permit has been suspended within the preceding 12 months.
