(1) Purpose
A zoning compliance permit shall be required in accordance with the provisions of this section and other applicable provisions of this code to ensure that signs, temporary uses, and changes in occupancy, use, or tenancy comply with the appropriate sections of this code.
(2) Applicability
(a) Any sign that requires a zoning compliance permit as established in Section 154.11: Sign Standards, shall not be erected, moved, added to, or structurally altered without an approved zoning compliance permit issued by the Zoning Administrator.
(b) A zoning compliance permit shall be required for any change in use or change in occupancy of an existing building or portion thereof (no new construction involved). A permit is not required for a change in occupancy or tenancy of a residential dwelling unit.
(c) Temporary uses that require a permit as established in § 154.06(B) shall be subject to the zoning compliance permit review procedure of this section.
(d) Zoning compliance 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.
(e) Failure to obtain a zoning compliance permit, where required, shall be a violation of this code subject to the provisions of Section 154.13: Enforcement and Penalties.
(f) Where there is proposed construction, expansion, or other alteration of a building or structure where a zoning permit and/or certificate of occupancy is required, the use of the building shall be reviewed as part of the zoning permit and certificate of occupancy review and shall not be subject to the zoning compliance permit.
(3) Zoning Compliance Permit Review Procedure
The review procedure for a zoning compliance 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 compliance permit application.
(ii) Within 14 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.
(4) Review Criteria
In order to approve a zoning compliance permit, the Zoning Administrator shall determine the following:
(a) The application complies with all applicable provisions of this code, including any related standards in the applicable zoning district; and
(b) The application complies with all approved plans, conditions, or other development approvals.
(5) Time Limit
(a) Time Limit for Signs
Any work on signs that is subject to an approved zoning compliance permit shall be completed within 1 year of the date the zoning compliance permit was approved or the approval shall be revoked. Completion shall be defined as the point in time when the sign is fully constructed and has received approval of all permits and inspections.
(b) Time Limit for Temporary Uses
(i) Time limits for permitted temporary uses and structures shall be as authorized in § 154.06(B).
(ii) An approval of a zoning compliance permit for a temporary use shall include the approved start and end dates for the proposed temporary use.
(c) Time Limit for Change in Use or Occupancy
(i) An approval of a zoning compliance permit for a change in use or occupancy shall be valid for 6 months after the zoning compliance permit is approved. If occupancy of the space is not completed by the end of the 6 months, the zoning compliance permit shall be revoked.
(ii) The Zoning Administrator shall notify the application of the revocation of a zoning compliance permit including notice that further work as described in the canceled permit shall not proceed unless and until a new zoning compliance permit has been obtained or extension granted.
(iii) 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.
(iv) Upon revocation of a zoning compliance permit approval, a new application, including all applicable fees, shall be required before a new zoning permit application will be reviewed.
(6) Amendment of a Zoning Compliance Permit after Approval
A zoning compliance permit approval may be amended 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)