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Zoning and paperwork

jar546

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I do not do zoning in any of the municipalities that I do building inspections. In one particular municipality the zoning officer never provides any paperwork approving zoning applications. Here is an example:

Permit applicant comes in for a deck building permit. I tell him he needs to get zoning approval first and direct him to the zoning officer. He comes in a few days later with his building permit application all filled out. I ask if he took care of zoning and he said, yes, the zoning officer said he was good to go. The zoning officer walked in and I asked for a copy of the approval letter or zoning permit. I was told there was no paperwork and that what the applicant described was OK. I never heard of this before.

Example 2:

Carwash applicant comes in and I tell them they need zoning approval first. I hear back from them telling me they are approved. I ask for paperwork and they said there is none. I call the zoning officer and ask for approval in writing and he tells me I am making him go out of his way because the area is approved for that zoning and since there is no need to go before a zoning board, there is no need for paperwork. WTF?
 
Re: Zoning and paperwork

That's more or less what we do here where I work. One big difference is that the person reviewing the zoning, works for me and she verbally okays them, then she brings me the plans after she has looked at it. That means it meets all zoning requirements. If there are violations, then she makes note on the plans as what is required.

In a larger city, we had an application that traveled with the plans with signature blocks for all departments to sign off on, even if their department didn't have anything to review on the application. They would put NA and then initial it.

In your case it's a bit different since you are more or less a contractor. I think I would have an area on the application for a signature block where the zoning administrator initials the building permit application for compliance. Only thing is, that would hold them accountable.
 
Re: Zoning and paperwork

We are the zoning department as well. One of the benefits of being in a small jurisdiction.
 
Re: Zoning and paperwork

Agree with Mule that simply having zoning guy initial or signoff would put some light on your path.

In the county I served part time the zoning and BI split up and it was not amicable. What a mess. Let's say that after that mistakes were made.
 
Re: Zoning and paperwork

Like cboboggs, every jurisdiction I've worked in was small and the Bldg. Dept. wore both hats (actually MANY hats! :eek: ).

Mule, you must've been quite a framer once upon a time because I think you hit the nail squarely on the head... "Only thing is, that would hold them accountable."

Sounds like the Zoning Officer may be

a) put off by an outside contractor doing Code Enforcement,

b) unaware of the need to document or

c) JPL (just plain lazy)

Have you brought this up with the Municipal Legislative body yet?
 
Re: Zoning and paperwork

John Drobysh said:
Sounds like the Zoning Officer may be

a) put off by an outside contractor doing Code Enforcement,

b) unaware of the need to document or

c) JPL (just plain lazy)
EXACTLY :!:
 
Re: Zoning and paperwork

Jeff: I should have an approval letter at the least! It can be as simple as listing the zoning district and the appropriate sections that the property complies with.
 
Re: Zoning and paperwork

Maybe you could draft a memo for the file indicating the 'verbal' approval and copy him on the memo. At least you're creating a paper trail.
 
Re: Zoning and paperwork

Not only do I get to do plan review, but I get to do zoning review. Most of the zoning is fairly easy, especially residential but commercial can get a bit difficult. I tend to take any new building to the village planner and see what he has approved, look through the ordinances, check up on meeting reports, so on and so forth.
 
Re: Zoning and paperwork

Our application has a spot for the zoning officer to fill in the setback requirements, flood zone, required parking spaces and his signature and date. In return we verify setbacks at the foundation inspection. He doesn't like to get out in the cold or mud. He is an attorney by trade so he likes paperwork and making sure his butt is covered. :roll:
 
Re: Zoning and paperwork

In my jurisdiction, the plans examiner does both the zoning review and the building review for residential structures. So, for example, if the applicant comes in for a new deck, the zoning review is done first, and then the structural review second. If the zoning review has issues, that my create a need for change to the structural plans (size, location). We actually issue a zoning permit called an Improvement Location Permit (ILP) for all new structures where required.

If it is the carwash, or another class 1 structure, the plans examiner does the zoning review and issues the ILP as necessary, and then forwards the plans the the Building Code Analyst to do the class 1 review.

The structural never gets issued until the zoning permit is issued.
 
Re: Zoning and paperwork

In the city I am assigned to, the planning staff reviews the plans and stamps them upon approval. Any planning conditions are noted on the plans. Without an approved stamped plan how would anyone know for sure what has been approved?
 
Re: Zoning and paperwork

jar -

ex. #1 - unless it is commercial property, I don't require anything to build the deck. I do however check the zoning and setbacks before I issue a permit.

ex. #2 - I pull out the appropriate Planning Dept. forms, explain the process for obtaining a building permit for a commercial project which includes going through the planning department (unless very minor), and then wait for the paperwork to get handed back to me by my boss. Then, I do the draft for the planning commission for him and he checks it and polishes it for the final staff report.

Once it gets through the planning commission, I talk to him, look at the approved plans, and follow those.

Like cboboggs, I assist and wear MANY different hats! :cool:

Sue, where every day is always a new adventure :lol: :roll:
 
Re: Zoning and paperwork

I wear all the hats here. The zoning law uses the Special Use Permit approval process quite extensively. It calls for a Planning Board review of almost all proposed uses, and frequently calls for a Site Plan review, NYS Environmental Quality Review, and review & comment by the County Planning Agency. All of which sounds like a big pain, but really is just filling out referral forms and tracking paperwork.

The upshot is that a lot of eyes get a look at proposals, and approvals are considered ironclad. By the time a building permit is issued, owners & developers know exactly what they need to do, so when I arrive for inspections, everything is (usually!) ready, properly completed, and things go smoothly.

The downtown business district currently has 100% occupancy (no empty storefronts) and business is brisk.
 
Re: Zoning and paperwork

It's alot easier if you wear all the hats..

Since I'm a 3rd party provider, and zoning is not within the scope of what we can do.. the client is held hostage by the zoning department (who issues the C/O)...

you can lead the horse to water, but you can't make them approve the application for C/O..
 
Re: Zoning and paperwork

I think the paper work should be in triplicate and should be with the following included: proof of citizenship, proof of residence, copy of drivers license, two forms of identification, a drug test, a plan on a napkin, list of all subs associated with the project and a $50.00 hassle fee.

Never mind, just a signature of approval from the zoning dude's office would work!
 
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