11-31 - General Provisions
LAST AMENDED
12/5/2024


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)   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.