# Permit request for new work on the same porperty with unresolved violations



## retire09 (Apr 16, 2013)

If you have a property with unresolved orders to comply for both zoning and building violations and a new permit application is submitted for new work on the same property (not the same building) and the new work proposed is in compliance with both building and zoining requirements, is it legal to deny the new permit?

Is there a code section or past legal decision that would give me direction?


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## fatboy (Apr 16, 2013)

Zoning issues, I wouldn't go there with a building permit app. Building issues.......denial of a new permit......shaky ground. Talk to your legal council.

I would say, separate issues, go after the non-compliant existing work separately. Unless you have local ordinances that give you that option.


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## BSSTG (Apr 16, 2013)

fatboy said:
			
		

> Zoning issues, I wouldn't go there with a building permit app. Building issues.......denial of a new permit......shaky ground. Talk to your legal council. I would say, separate issues, go after the non-compliant existing work separately. Unless you have local ordinances that give you that option.


Greetings and ditto.

I would treat them separately for sure.

BS


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## jj1289 (Apr 16, 2013)

Separate issues


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## mtlogcabin (Apr 16, 2013)

Agree they are separate issues. Sometimes zoning does not understand this because it is one property. The only time I ran into being able to deny a permit for a separate violation was when the Army Corp of Engineers filed a "Lis-Pendens" on a subdivision that was allegedly in an old dried up wetland area. Our county attorney said we could not issue building permits in that sub-division and that stopped all construction and lot sales for about 9 months.


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## steveray (Apr 16, 2013)

Seperate issues.....but if you need zoning signoff (approval) to issue a new permit...you may not be able to....


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## ICE (Apr 17, 2013)

This problem does not lend itself to an absolute policy.  Better to provide all of the details for an informed decision.


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## Builder Bob (Apr 17, 2013)

The way I understand it (I stayed at the Holiday Inn Last Night) Each Permit has to stand alone.........  building permits are specific for areas of work... and should not overlap each other( Perfect World)

Zoning however, may be able to slow down or delay the approval for zoning if the zoning ordinance has the legal language included for denying an zoning approval for a non-compliant/ problematic property.

However, the Building Permit is a separate issue than Zoning.....


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## Yankee (Apr 17, 2013)

My understanding also is that the permits stand alone. However, I did recently read in a town's zoning ordinance language that restricts the issuance of a building permit on a property with outstanding issues of any type, and I think that is probably fine if it is an adopted ordinance.


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