(a) Purpose. A zoning permit shall be required in accordance with the provisions of this section in order to ensure that proposed development and uses comply with the standards of this code, and to otherwise protect the public health, safety, convenience, comfort, prosperity and general welfare of the citizens of the City of Mount Vernon.
(b) Terminology. For the purposes of this code, the zoning permit review shall be an administrative review that may be applied to permits or certificates of other names (e.g., sign permits, temporary use permits, fence permits, etc.) if so stated in this code or on the application for the permit or certificate. In such cases, the procedure of Section 1103.08(d), below, shall still apply, including the applicability of administrative waiver requests.
(c) Applicability.
(1) No building or other structure shall be erected, moved, structurally altered, or added to, in whole or in part, nor shall any building, structure, or land be used or changed in use without a zoning permit issued by the ZEO. A change in tenancy or ownership of a residential dwelling unit shall be exempt from the zoning permit requirement unless such change in tenancy changes the classification of the use.
(2) A zoning permit may be required for the establishment of certain temporary or accessory use as established in Chapter 1108: Accessory and Temporary Uses.
(3) A zoning permit shall be required for any changes to any site element, vehicular use area, landscaping, patio, or other improvements to land as may be established under the applicable sections of individual sections or chapters in this code.
(4) The establishment of a use of vacant land or building shall require the issuance of a zoning permit.
(5) A change in use or business establishment shall require a zoning permit.
(6) Changes in a building or structure's appearance that is regulated by this code shall require a zoning permit unless the change is a replacement of the same-for-same materials and colors, etc.
(7) Unless otherwise specifically exempted in Chapter 1113: Signs, signs shall require a zoning permit.
(8) Zoning permits shall be issued only in conformity with the provisions of this code unless the application is subject to an approval by the BZA, HRC, or MPC providing for additional standards, conditions, or modifications, in which case, the zoning permit shall be issued in conformity with the provisions of those approvals, as applicable.
(9) Failure to obtain a zoning permit shall be a violation of this code subject to the provisions of Chapter 1116: Enforcement and Penalties.
(d) Zoning Permit Approval Review Procedure. The review procedure for a zoning permit shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.02 and with the provisions of this section.
(2) Step 2 - ZEO Review and Decision on a Zoning Permit.
A. The ZEO may distribute the application to other staff members and other City departments to solicit comment on the zoning permit application.
B. Within thirty (30) days after the application is determined to be complete, or an extended timeframe approved by the applicant, the ZEO shall make a decision on the zoning permit application. In making its decision, the ZEO may approve or deny the application. The ZEO may also approve with modifications or supplementary conditions necessary to ensure the proposed activity will be in full compliance with this code.
C. Prior to making a decision, the ZEO shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance.
D. If the ZEO fails to act within thirty (30) days from the date the application is determined to be complete, or an extended period as may be agreed upon by the ZEO and applicant, then the application shall be considered denied.
E. Where revisions are necessary for approval, the application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the ZEO.
F. When the ZEO denies an application, the ZEO shall inform the applicant of the reason for the denial, including the regulation(s) which would be violated by the proposed use or development.
G. Public Improvements Required. If the installation of public improvements is required, the following requirements shall apply regardless if the development is part of a subdivision application or not:
i. A zoning permit shall not be issued until an agreement is provided to the City to construct the required improvements.
ii. The applicant shall be required to provide a financial guarantee (See Section 1114.06.) in the amount of the estimated cost of the required public improvements as determined by the City Engineer.
iii. The agreement and the financial guarantee shall provide for completion of all work within a time specified to be determined by the City Engineer or before occupancy is allowed in any structure, whichever shall occur first.
iv. The approval of the installation of public improvements as required by this code shall not obligate the City to accept improvements for maintenance, repair or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
v. Upon issuance of a zoning permit, the applicant may proceed with the approved work.
(e) Review Criteria for a Zoning Permit. In order to approve any zoning permit, the ZEO shall determine the following:
(1) The application complies with all applicable provisions of this code and the applicable zoning district; and
(2) The application complies with all approved plans, conditions, or other development approvals issued pursuant to the rules of this code (e.g., variances, administrative waivers, conditional use approvals, alternative equivalency reviews, COAs, etc.).
(f) Administrative Waiver Requests.
(1) Applicability.
A. The ZEO may grant administrative waivers for any area or dimensional regulation that does not exceed twenty percent (20%) of the applicable minimum or maximum regulation. Area and dimensional regulations include, but are not limited to, minimum front, side, and rear yard setbacks; maximum height of structures; maximum sign height; maximum sign area, etc.
B. An administrative waiver for a minimum lot area or lot width requirement is prohibited and shall be subject to a variance review by the BZA in accordance with Section 1103.07.
C. The applicant shall be required to apply for a variance for any waiver request that exceeds twenty percent (20%) or other variations from the code that do not qualify for administrative waivers.
D. The ZEO shall have the authority to forward any administrative waiver request to the BZA for review as a variance, as established in Section 1103.07.
(2) Administrative Waiver Review Procedure and Decision.
A. Administrative waivers shall be reviewed as part of the zoning permit review procedure.
B. In making a decision on the administrative waiver, the ZEO shall approve or deny the application.
C. In approving an administrative waiver, the ZEO may impose conditions on the approval, the proposed use, and the premises to be developed or used pursuant to such approval as they determine are required to be ensure compliance with the standards of this section and the purposes of this code. Any conditions established by the ZEO shall relate directly to the requested administrative waiver.
(3) Review Criteria for Administrative Waivers. Decisions on an administrative waiver shall be based on consideration of the same review criteria as a variance in Section 1103.07(d).
(g) Time Limits.
(1) The applicant shall obtain an approved zoning permit, where required, and have initiated work within one (1) year of the issuance of a zoning permit or the approval shall be revoked. The initiation of work shall be when the ground has been broken, construction on site improvements has begun, or construction of structures has begun.
(2) Time limits for permitted temporary uses and structures shall be as authorized in Chapter 1108: Accessory and Temporary Uses. An approval of a zoning permit for a temporary use shall include the approved start and end dates for the proposed temporary use.
(3) If construction activities for which a zoning permit has been issued are abandoned or suspended for a period of six (6) months after the time of commencing the work, the zoning permit shall be revoked. Abandonment shall be defined as the lack of building activity or progress towards achieving the scope of work defined in the zoning permit.
(4) Upon written request, up to two extensions of six months may be granted by the ZEO if the applicant can show good cause for a delay.
(5) The ZEO shall notify the applicant of the revocation of a zoning permit including notice that further work as described in the canceled permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.
(6) Upon revocation of a zoning permit, a new application, including all applicable fees, shall be required before a new zoning permit application will be reviewed.
(7) The above time limits shall not apply if alternative time limits that have been approved by the ZEO, MPC, or BZA, in accordance with the applicable review procedure.
(h) Revoking a Zoning Permit. A zoning permit approval shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the BZA in accordance with Section 1103.07, of this code.
(i) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the ZEO shall have the right to appeal the decision to the BZA as established in Section 1103.07. (Ord. 2024-032. Passed 7-22-24.)