(1) Purpose
A zoning permit shall be required in accordance with the provisions of this section in order to ensure that proposed development complies with the standards of this code, and to otherwise protect the public health, safety, and general welfare of the citizens of the city.
(2) Applicability
(a) No building or structure shall be erected, moved, added to, structurally altered nor shall any building, structure, or land be established or changed in use without an approved zoning permit issued by the Zoning Administrator.
(b) Signs and temporary uses or structures that require a permit shall be reviewed through the zoning compliance permit procedure established in § 154.03(I).
(c) Zoning permits shall be issued only in conformity with the provisions of this code unless the Zoning Administrator receives a written order from the BZA, Planning Board, or Restoration Board providing for conditions or modifications of such compliance as may be permitted by this section and this code.
(d) Failure to obtain a zoning permit shall be a violation of this code subject to the provisions of Section 154.13: Enforcement and Penalties.
(3) Zoning Permit Review Procedure
The review procedure for a zoning permit shall be as follows:
(a) Step 1 - Application
The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.
(b) Step 2 - Zoning Administrator Review and Decision
(i) The Zoning Administrator may distribute the application to other staff members and other city departments to solicit comment on the zoning permit application.
(ii) Within 30 days after the application is determined to be complete, the Zoning Administrator shall make a decision on the application. In making its decision, the Zoning Administrator may approve or deny the application.
(iii) Prior to finalizing approval of the application, the Zoning Administrator shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance. 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 Zoning Administrator.
(iv) The Zoning Administrator shall sign 2 copies of the application and return 1 copy to the applicant. The second copy shall be kept by the Zoning Administrator for the city's records.
(v) The Zoning Administrator shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this code and a zoning permit has been issued.
(4) Review Criteria
In order to approve a zoning permit, the Zoning Administrator shall determine the following:
(a) The application complies with all applicable provisions of this code and the applicable zoning district; and
(b) The application complies with all approved plans, conditions, or other development approvals.
(5) Time Limit
(a) The applicant shall obtain an approved building permit within 1 year of the date the zoning permit was approved or the approval shall be revoked. The date of approval shall be the date the Zoning Administrator signs both copies of the application and returns 1 copy to the applicant.
(b) Any work that is subject to the approved zoning permit shall be completed within 3years of the date the zoning permit was approved or the approval shall be revoked. Completion shall be defined as an approved project where the applicant has received a certificate of occupancy.
(c) Upon written request, 1 extension of 6 months may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(d) The Zoning Administrator shall notify the application 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.
(e) Upon revocation of a zoning permit approval, a new application, including all applicable fees, shall be required before a new zoning permit application will be reviewed.
(f) The above time limits shall not apply if alternative time limits that have been approved by the Zoning Administrator, Planning Board, or Restoration Board in accordance with the applicable review procedure.
(6) Amendment of a Zoning Permit after Approval
A zoning permit approval may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.
(7) Appeals
Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator shall have the right to appeal the decision to the BZA as established in § 154.03(M).
(Ord. 5-14, passed 3-17-2014)