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(A) This subchapter shall not be deemed to modify or amend any other municipal ordinances, including, but not limited to, the subdivision and land development ordinance, the zoning ordinance and the stormwater management ordinance, except as expressly stated in this subchapter or in the UCC. This subchapter is intended to apply to and govern construction and other activities which are expressly subject to the UCC and to continuing use, occupancy and maintenance of buildings and structures after issuance of a UCC certificate of occupancy as provided in the adopted codes.
(B) No application for construction permit shall be accepted, nor shall any proposed construction plan be considered for any property in the city until the applicant has first complied with all other state and city regulations governing the proposed activity, these include, but not limited to, subdivision, land development, zoning and stormwater management regulations, where applicable.
(C) If applicable, prior to submitting an application for a construction permit under the UCC, the property owner or other qualified applicant shall submit to the city’s Zoning Administrator an application for a zoning permit on a form prescribed by City Council. A zoning permit shall not be issued unless the application complies with all regulations exclusive of those under this subchapter. Any appeal from issuance or denial of a zoning permit shall be taken to the Zoning Hearing Board in accordance with provisions of the Zoning Ordinance.
(D) Upon issuance of a zoning permit for the proposed activity, all construction design, plans and activity shall be conducted in accordance with terms of the issued zoning permit, and with regulations of other city ordinances and approved subdivision, development and/or stormwater management plans.
(E) In performance of plan review, inspection and other services required under the UCC, the retained Building Code Officials and Construction Code Officials shall ensure that such construction is designed and conducted in strict conformity with the approved zoning permit. Failure to design or perform construction in conformity with the issued zoning permit shall be grounds for issuance of corrective notices, stop work orders and other administrative enforcement measures under the UCC. The retained Building Code Official, in writing, shall notify the city’s Zoning Administrator immediately upon detecting any violation of an issued zoning permit and/or approved building location in the plans.
(F) Location of building(s) must be in accordance with the zoning permit as issued. During a foundation inspection, the retained Building Code Official or Construction Code Official shall review and certify compliance with location of buildings and structures as shown on the zoning permit by confirmation of location on a copy of the zoning permit. If such inspection discloses a violation of the zoning permit, the city’s Zoning Officer shall be notified immediately. In other cases, the Zoning Officer shall be furnished with a copy of the confirmed zoning permit site plan within seven days after the foundation inspection.
(G) No approval of any stage of construction shall be issued where such construction is in violation of or deviates from terms of the issued zoning permit.
(H) No UCC certificate of occupancy shall be issued where the construction is in violation of terms of an issued zoning permit.
(I) A UCC certificate of occupancy issued by the retained Building Code Official shall constitute a certification that construction has been performed which meets requirements of the UCC. Such UCC certificate of occupancy shall be delivered to the Zoning Administrator, with written certification of any violations of or deviation from the issued zoning permit as have been noted.
(J) Within five business days after receipt of the UCC certificate of occupancy, the Zoning Administrator shall determine whether all requirements in the zoning permit and other city ordinances have been complied with. If so, the Zoning Administrator shall issue a zoning certificate of occupancy, if applicable, which shall authorize occupancy and use of the constructed improvement(s). If all such requirements have not been complied with, the Zoning Administrator, in writing, shall advise applicant of those measures required for a zoning certificate of occupancy to be issued.
(K) Where an application for permit pertains only to the installation, repair, removal, maintenance or alteration of equipment, does not involve or pertain to construction activity requiring a zoning permit, and further does not involve construction activity other than to the interior of a building or structure, a change of use of the building or property and/or activity which would require subdivision, land development or stormwater management regulation, an application for zoning permit shall not be required prior to receipt of and action on a UCC permit. This exception shall be strictly construed and is not intended to apply when such activities are conducted in circumstances that do involve local regulations.
(Ord. 1450, passed 6-21-2004)