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Entitlements
When a building permit, certificate of occupancy, plat, variance, conditional use, or operating permit is applied for, Land Use Enforcement reviews the submittal to see if the property conforms to the zoning regulations. Any violations discovered must be corrected before the application is approved. This is true even if the violation has existed for many years or was created by a previous property owner.
- If nonconforming (grandfather) rights have been established, that aspect of the property is not a violation and does not need to be corrected.
- If the Zoning Board of Examiners and Appeals has granted a variance, that aspect of the property is not a violation.
- If a violation is discovered during a building or land use permit review, it can often be corrected as part of the construction process. In this case the permit may be approved, but a certificate of occupancy will not be issued until the project is complete and the violation has been corrected.
This is required by AMC 21.25.020: "No entitlement may be issued under this title unless all structures and uses of land and structures permitted under the entitlement conform to this title, the regulations promulgated under this title and the terms and conditions of the other entitlements issued under this title that apply to the use or structure. An entitlement issued in violation of this section is void."
AMC 21.35.020.B defines an entitlement as "any permit or approval granted under this title, including, but not limited to zoning map amendments, conditional use permits, preliminary or final plat approval, site plan approval, and variances."
Correcting violations in this way does not expend tax dollars and still brings properties into compliance.
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