11-31

General Provisions

For the purposes of Section 11-33, relating to Building Permits Issued before Effective Date of Amendment to this Resolution, the following terms and general provisions shall apply:

(a)        A lawfully issued building permit shall be a building permit which is based on an approved application showing complete plans and specifications, authorizes the entire construction and not merely a part thereof, and is issued prior to any applicable amendment to this Resolution.In case of dispute as to whether an application includes "complete plans and specifications" as required in this Section, the Commissioner of Buildings shall determine whether such requirement has been met.

(b)        The rights set forth in these Sections shall be retained only if all modifications, made in such plans after the effective date of any applicable amendment to this Resolution, do not create a new non-compliance or non-conformity or increase the degree of non-compliance or non-conformity with the provisions of this Resolution, as amended.

(c)        For the purposes of this paragraph (c), abutting buildings on a single zoning lot shall be considered to be a single building. As used in Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued before Effective Date of Amendment):

(1)        "minor development" shall include:

(i)        construction of any single building which will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution; or

(ii)        construction of two or more buildings on a single zoning lot which under the provisions of any applicable amendment to this Resolution will be non-conforming; or

(iii)        construction of two or more buildings on contiguous zoning lots or zoning lots which would be contiguous except for their separation by a street or street intersection; and

(a)        have been planned as a unit evidenced by a site plan for all such zoning lots filed with, and approved by, the Department of Buildings prior to the effective date of the applicable amendment; and

(b)        will be non-conforming under the provisions of any applicable amendment to this Resolution; or

(iv)        a major enlargement, which is an enlargement requiring the installation of foundations and involving at least 50 percent of the total floor area of such enlarged building, and which enlargement will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution.  For the purposes of Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued before Effective Date of Amendment) only, a major enlargement shall also include any other enlargement adding at least 50,000 square feet to the floor area of an existing building, which enlargement will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution.

(2)        "major development" shall include:

(i)        construction of two or more buildings on a single zoning lot which will be non-complying under the provisions of any applicable amendment to this Resolution; or

(ii)        construction of two or more buildings on contiguous zoning lots or zoning lots which would be contiguous except for their separation by a street or street intersection; and

(a)        have been planned as a unit evidenced by a site plan for all such zoning lots filed with, and approved by, the Department of Buildings prior to the effective date of the applicable amendment; and

(b)        will be non-complying under the provisions of any applicable amendment to this Resolution.

(3)        "Other construction" shall include:

(i)        any enlargement other than a major enlargement; or

(ii)        any extension, conversion or structural alteration; or

(iii)        construction of any structure other than a building;

which will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution.

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