A.
Required. No structure shall be erected, added to or structurally
altered until a building permit is issued by the Building Inspector.
Any general maintenance such as exterior painting, replacement of
roofing shingles, windows, doors, sidings, etc., will not require
a building permit. A building permit shall state that the proposed
structure or proposed alteration shall comply with all laws of the
City relating thereto and shall be approved for zoning compliance
by the Zoning Officer, based upon representations made in the permit
application.
B.
Requisites. A building permit shall be issued if all the following
requirements are met:
(1)
A zoning certificate has been requested and is approved subject
to final inspection by the Zoning Officer; however:[2]
(a)
If work authorized by the issuance of a zoning certificate is
not initiated within six months from the date of issuance, the zoning
certificate shall be null and void.
(b)
If the work is not completed within 18 months from the issuance
of the permit, the zoning certificate shall be null and void.
(2)
The nature, location and dimensions of the proposed structure
and its proposed use comply with the requirements of this chapter
as well as with any other applicable laws and ordinances.
(3)
All zoning, building code and public utility provision fees
are paid, and all improvement bonds are deposited to the City.
(4)
Where the connection with a public sewer is feasible, such connection
shall be complete and the cost of all the connections to such sewer
are understood and agreed in writing to be borne by the developer
or, where it is demonstrated that on-site sewage disposal facilities
in conformity with the City and commonwealth requirements are better
suited to the lot, the installation of such facilities by the developer
is understood and agreed upon in writing.
(5)
The site is located on a street improved to City standards,
or the developer agrees in writing to improve the street on and to
the site; costs are the responsibility of the owner; any other ways
must be on rights-of-way dedicated to the public and improved in accordance
with City specifications. Such improvement must be completed or security
provided for completion on or before 50% of the building lots are
conveyed. No further building permits will be issued until this requirement
is met. All lots must have primary access via a street, secondary
public access by alleys, lanes, ways may be provided if desired. Secondary
access need not be improved to City specifications, nor will they
be City maintained.
(6)
The parking, sidewalk and curb requirements shall be fulfilled;
costs are the responsibility of the owner.
(7)
Adequate protection from storm sewer and surface water runoff
during and after construction is provided and costs are the responsibility
of the owner.
A.
Completion; final inspection.
(1)
No use of land shall be made, and no structure hereafter erected
or structurally altered shall be occupied or used until a certificate
of use, occupancy and compliance has been issued by the Zoning Officer.
A similar certificate of occupancy and compliance shall be sought
and shall be issued before an existing use of a structure or land
shall be changed.
(2)
A certificate of occupancy shall state that the proposed use
of a structure or land complies with the regulations of this chapter,
and all other laws of the City. It shall be sought coincident with
the application for a building permit and shall be issued upon examination
of the completed structure and certification by the Zoning Officer,
within 10 days after the erection or structural alteration of such
structure or part thereof shall have been completed, if in conformity
with the provisions of this chapter and all other laws of the City.
However, such certificates shall be void if not exercised within six
months of the date of issue or renewal.
(3)
In the case of a certificate of occupancy in connection with restoration of a structure which is damaged or partially destroyed by fire, flood, wind or other calamity or act of God, the form shall show the estimated cost of restoration of the entire new structure, sustained by appraisal or contractor's estimate. (See § 300-173.)
A.
No rights or privileges of maintenance, continuance, enlargement
or alteration of any nonconforming use of land or structure or sign
shall be allowed under the provisions of this chapter, unless there
is issued a certificate of nonconformance for each such nonconforming
structure, nonconforming use or nonconforming sign.
B.
A certificate of nonconformance shall state in what specific respects the structure, use of a structure or land or sign does not comply with the provisions of this chapter. Such certificate shall be sought not less than 180 days after the effective date of this chapter, or in the case of nonconformity due to reclassification, not less than 30 days after the effective date of reclassification ordinance, and shall be issued after verification of such nonconformity by the Zoning Officer within 30 days after application. Failure of the Zoning Officer to note and give notice of nonconformity shall not free the owner of such property from the obligation to conform to these provisions. (See Article XVII.)
A.
A record of all permits and certificates shall be kept on file in
the office of the Zoning Officer and copies shall be furnished on
request to any persons having a proprietary or tenancy interest in
the building or land affected.
All applications for building permits, occupancy permits or certificates of nonconformance shall be made on printed forms as approved by Council, and shall contain accurate information as to the size and location of the lot, the size and location of the structures on the lot, the dimension of all yards and open spaces and such other information as may be necessary to provide for the enforcement of this chapter. A file of such applications shall be kept in the office of the Zoning Officer; and in the case of a building permit, a duplicate copy shall be kept at the structure at all times during construction. (See § 300-173.)
Written application for the approval of the uses referred to in this Zoning Ordinance shall be filed in the public office of the Zoning Officer upon forms prescribed for that purpose by the Zoning Hearing Board. Upon the filing of such application, the matter shall be set for public hearing where necessary before the Board. Notice, determinations and decisions of such hearings shall be given as set forth in Articles XXI and XXIV.
A.
All structures for which permits have been obtained and the construction
of which or a portion of which has been begun, or for which a contract
or contracts has or have been let pursuant to a permit issued prior
to the passage of this chapter, may be completed and used in accordance
with the plans on which such permit was granted.
B.
During a period of 60 days from the date of introduction of any ordinance
which proposes changing the regulations, zoning district boundaries
or classification of property, unless Council has acted upon the ordinance
within such sixty-day period, the Zoning Officer shall accept no applications
for permits within the area involved in such change for any use or
structure which would be forbidden under the proposed ordinance.
