(1) All applications for any zoning or use registration permit under
this Title shall be made to the Department.
(2) No zoning or use
registration permits shall be issued unless:
(a) The owner or his agent
authorized in writing files a plan in duplicate drawn to scale showing the
actual lot dimensions, use or intended use, height or size, and location of the
building or buildings on the lot, together with such other information and data
as the Department may require;
(b) Such plan is approved by the
Department as showing compliance with the applicable provisions of this
(c) The required fee is paid.
(3) The plan required
hereunder, when approved by the Department, shall be final and conclusive. One
copy of such plan, as approved, shall be returned to the applicant stamped as
approved by the Department.
(4) Zoning and/or Use Registration Permits
issued after the effective date of this ordinance with respect to construction
and use of a property, or where interior alterations are involved, shall expire
one year after the date of issuance, unless construction work is begun prior
thereto and is carried on to completion without voluntary interruption. Use
Registration Permits, where no construction or interior alterations are
involved, shall expire three months from the date of issuance unless the
approved use has begun.
(5) Whenever an application is filed for
alterations to an existing structure which does not change the area, height,
floor area or bulk of the structure and the existing use is legal and unchanged,
the application will be designated as approved by a stamp stating "Permit Not
(6) "One year
For purposes of this subsection, the following definitions shall
" Zoning Board of
(ii) "Finally denied.
" An application is "finally
denied" on the date the Department denies the application, or, if the
Department’s denial is appealed, on the date of the last Board or court
decision in the matter from which all appeals have been
(iii) "One Year Rule.
" The rule established by this
subsection requiring the Department to deny certain applications for zoning or
use registration permits that are substantially similar to certain previously
(b) Each application for a zoning or use
registration permit shall include a written disclosure, in the form required by
the Department, as to whether a substantially similar application was finally
denied within one year prior to the date of the application, or whether, as of
the date of the application, an appeal is pending (either before the Board or
before a court) of the denial of a substantially similar
(c) After receiving an application for a zoning or use
registration permit, the Department shall determine if a substantially similar
application was finally denied (for reasons other than application of the One
Year Rule) within one year prior to the date of the application, or if, as of
the date of the application, an appeal is pending before the Board or a court of
the denial of a substantially similar application. If it so determines, and if
the application is not one that the Department may grant as of right, then the
Department shall issue a refusal or referral and shall note thereon; a "Denied -
One Year Rule."
(d) The issuance of a refusal or referral denoted,
"Denied - One Year Rule," may be appealed to the Board. On such an appeal, the
Board shall hold a hearing limited to two issues: (i) whether the Department
properly applied the One Year Rule; and (ii) whether, because of materially
changed circumstances, the application should be considered notwithstanding the
One Year Rule. Following such hearing, the Board shall, in accordance with
Section 14-1805(3), render a decision limited to those two issues, and shall, in
accordance with Section 14-1806, detail the reasons for its decision in writing.
If the Board’s decision is that the application should not be denied on
the basis of the One Year Rule, then the Board shall consider the appeal on the
merits in accordance with its usual procedures, including the holding of an
additional hearing in accordance with section 14-1805, for which reposting shall
be required in accordance with Section 14-1805(11) and applicable Board
regulations, but for which no additional fee shall be imposed.
failure of the Department to deny an application on the basis of the One Year
Rule may be raised by any aggrieved party in an appeal from the
Department’s issuance of a permit, or in an appeal to the Board from the
Department’s refusal to issue a permit for reasons other than application
of the One Year Rule.