Lower Burrell City Zoning Code
ARTICLE XXII
Certificates and Permits
§ 300-173 Building permits. [1]
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.
§ 300-174 Certificates of occupancy.
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.)
§ 300-175 Certificates of nonconformance.
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.)
§ 300-176 Record of certificates; charges.
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.
§ 300-177 Application forms.
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.)
§ 300-178 Use approval procedure.
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.
§ 300-179 Permits previously issued; deferral.
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.