Building permit

“ It filed these plans with the Superintendent of the Bureau of Buildings on September 1, 1922, for the purpose of having them approved and obtaining a building permit. [2] The Superintendent on the same day issued a temporary permit for the necessary installation of footings and foundations; but on the next day revoked this temporary permit, because of a petition that had been forwarded by other owners of property in Midwood Manor to the Board of Estimate and Apportionment, to place this locality within an E area district. ”

“ Whatever rights in the streets this respondent has must be derived from the application made in 1884 for a permit to erect a building with adjacent vaults, and from the presumption of a permit, arising from the fact that a vault was constructed and has been in use ever since. ”

“ Require owners of illegally constructed houses, buildings or other structures to obtain the necessary permit, subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary changes in the construction of the same when said construction violates any law or ordinance, or to order the demolition or removal of said house, building or structure within the period prescribed by law or ordinance ”

“ The line must be at least as far from the street as that occupied by 60 per cent. of the existing houses in the block; the word 'block' being defined to mean only that portion on the same side of the street where the new building is proposed, bounded by the nearest intersecting streets to the right and left thereof. The city council by a proviso reserved to itself the authority to make exceptions and permit the erection of buildings closer to the street.
Petitioner owns several building lots within the residential district, upon one of which he has a dwelling house. ”

“ After completion of the specified works for the special development, the responsible person must submit to the Commissioner a certificate of works completion (prepared according to subsection (3) ) for the Commissioner’s approval—
(a) in the case where a temporary occupation permit is required under the Building Control Act (Cap. 29) for the occupation of the special development, before obtaining any temporary occupation permit ”

“ Timber and Fuel. An occupant of a homestead quarter-section, having no suitable timber of his own, may obtain on payment of a 25-cent fee a permit to cut 3,000 lineal feet of building timber, 400 roof poles, 500 fence posts, 2,000 fence rails. ”

“ No construction or erection, in a city of the first class, of any building, bridge or its approaches, arch, gate, fence, or other structure or fixture, which is to be paid for, either wholly or in part, by appropriation from the city treasury, or other public funds, or for which the city, or any other public authority, is to furnish a site, shall be begun, unless the design and proposed location thereof shall have been submitted to the jury, at least sixty days before the final approval thereof, by the officer or other person having authority to contract therefor. ”

“ These model byelaws are too extensive to give in detail, as they contain 99 clauses, but every town surveyor should at once procure a copy, even if his corporation have not adopted them, nor intend to do so.
One of the first difficulties that often presents itself to [208] those who have to enforce the observance of the necessary “giving of notices and deposit of plans and sections by persons intending to construct new buildings” is to prove that the building is “new” so as to bring it under the operations of the Act. ”

“ The chairman indicates to me that under the terms of the bill, as amended, the construction permit is equivalent to a license. In other words, as I understand, under the bill a construction permit cannot be interpreted in any other way than being equal to r a part of the licensing procedure. Is that correct?'.
His question was answered by Senator Hickenlooper, who was in charge of the bill: [6]
'A license and a construction permit are equivalent. They are the same thing, and one cannot operate until the other is granted. ”

“ In order that these averages might not be misleading, the Commissioner of Buildings has, at my request, examined every permit issued by him during the year, and has arranged them upon certain suggestive bases of classification. This last group of 1,168 families includes no permits for private dwellings whose construction cost over $10,000. ”

“ The legislature may authorize cities to take more land and property than is needed for actual construction in the laying out, widening, extending, or relocating parks, [Pg 249] public places, highways or streets, provided, however, that the additional land and property so authorised to be taken shall be no more than sufficient to form suitable building sites abutting on such park, public place, highway or street. After so much of the land and property has been appropriated for such park, public place, highway or street as is needed therefor, the remainder may be sold or leased. ”

“ By the terms of § 185 a construction permit is, apart from the requirements of § 185, 'deemed to be a 'license." [2] Section 185 governs applications for construction permits. It has no separate or independent standards for safety, no specific requirement for a finding on 'safety.' If the facility is finished and will operate 'in conformity with' the Act, the license issues 'in the absence of any good cause being shown to the Commission why the granting of a license would not be in accordance with the provisions of' the Act. ”

“ The 'real property' which Congress made 'subject' to state taxation, should in the Government's view be limited to 'land and buildings and those fixtures which are so integrated with the buildings as to be uniformly, or, at most, generally, regarded as real property.' 'Real property', within this definition would include buildings and 'fixtures essential to a building's operations' but would not include fixtures, movable machinery, or equipment, which though essential to applicant's operations as a plant, are not essential to a building's operation as a building. ”

“ That law provides, in respect of a building in the city of Washington or Georgetown, that 'the ground on which the same is erected, and a space of ground equal to the front of the building and extending to the depth of the lot on which it is erected, shall also be bound by the said lien,' subject to the condition that the land, at the time of the erection or repair of the building, is the property of the person contracting for such erection or repairs. ”

“ If it be true that the proper officer, on examining appellant's contract, gave a permit for the erection of such buildings as it contemplated,-and of this there is no denial,-the other side should make a clear case of departure from the permit, or danger to public interests, before appellant should be arrested midway in the construction of the buildings, and have them summarily torn down, with all the necessary loss and expense to him of such a course. ”

“ According to Act of Parliament (here followed the designations of the statutes referred to) any person desiring to erect a building of any sort must first submit the plans thereof to the District Council, and must not proceed therewith except at his own peril, without the authorisation of the said Council. I am directed to ask you to produce the authorisation of the cottages you have put up on your estate, or failing such production forthwith to remove the edifices you have erected. ”

“ Where a building or structure, and auxiliary facilities thereof are transferred, exchanged, offered as capital contribution, or given away as a gift, the right to use the lot of land for construction purposes in the lot of land occupied by the building, structure, and auxiliary facilities thereof shall be disposed of concomitantly. ”

“ The new buildings may be constructed with modern materials and are required to be constructed in accordance with present day local laws, building codes, and reasonable prevailing standards in the area for similar facilities. If the owning agency has suitable land on which the new facility can be constructed, payment may be made for the land taken for highway purposes. If the owning agency does not have the land, a replacement site may be purchased. ”

“ Most modern building codes interfere with the use of land by provisions limiting the amount of the lot which can be occupied and the height to which certain classes of buildings can be erected. Some cities impose an absolute height limit beyond which no building of whatever class of construction can be erected. ”

“ Regulations of the sites of town buildings have comparatively little effect on the cost of construction, and it may 288in general be said that a Building Act would effect what any enlightened owner of a district would effect for himself, of laying it out with a view to the most permanent advantage ”

“ The use of many of these convenient and sound forms of building construction for ordinary buildings in London, and in districts of England where the model by-laws are in force, is prohibited because they do not comply with some one or other of the various clauses relating to materials, or to the thickness of a wall. ”

“ The Court answers that a citizen is entitled to rely on the statutory construction adopted by the state officials who are on the front line, administering the permit scheme. If these officials construe a vague statute unconstitutionally, the citizen may take them at their word, and act on the assumption that the statute is void. ”

“ The taking of the whole of those estates the remnants of which would not be suited for the erection of proper buildings may well be deemed a taking for those public uses for which building regulations and those limiting the height of buildings on public areas have been upheld. ”

“ INJUNCTION- After a construction permit has been issued, if a court issues an injunction against construction of the road, the 7-year deadline or 5-year extension, as appropriate, shall be extended for a time period equivalent to time period that the injunction is in effect. (d) Applicability of Section 6405- Upon the expiration of the legislative authority under this section, if a road has not been constructed, the land exchange shall be null and void and the land ownership shall revert to the respective ownership status prior to the land exchange as provided in section 6405. ”

“ Such regulations shall provide for the preservation from injury of all timber, mineral deposits, natural curiosities, or wonders within said reservation, and their retention in their natural condition. The Secretary may, in his discretion, grant leases for building purposes for terms not exceeding ten years of small parcels of ground not exceeding five acres; at such places in said reservation as shall require the erection of buildings for the accommodation of visitors ”

“ Where any house or building situated in any street in an urban district, or the front thereof, has been taken down in order to be rebuilt or altered, the urban authority may prescribe the line in which any house or building, or the front thereof, to be built or rebuilt in the same situation shall be erected, and such house or building or the front thereof shall be erected in accordance therewith. ”

“ Each building constructed or altered by the Postal Service shall be constructed or altered only after consideration of all requirements (other than procedural requirements) of zoning laws, land use laws, and applicable environmental laws of a State or subdivision of a State which would apply to the building if it were not a building constructed or altered by an establishment of the Government of the United States. ”

“ Control over remnants is possible with a very limited right of excess taking. If the right is enlarged and the municipality permitted to take on both sides of a widened business thoroughfare land enough for suitable building lots, the construction of buildings can be secured which will fit the thoroughfare and will yield the highest possible return in taxation. ”

“ Not more than one appurtenant building having a floor area of not to exceed thirty (30) square feet which is used for the housing of domestic animals or fowls shall be permitted on any lot in the first residence district, except that a building of greater area or a greater number of buildings shall be permitted when the written consent
shall have been obtained of the owners of fifty (50) per cent. of the dwellings within two hundred (200) feet of the proposed building; provided that such consent shall not be required if the number of said dwellings is less than four (4) . ”

“ If a land reclamation plan is rejected or not approvaled , then the reviewing agency shall ask the central competent authority to revoke the land use permit that was obtained by the applicant under Article 24. The central competent authority shall establish regulations regarding the contents of land reclamation engineering plans, the formats of documents and plans to be submitted, the application timeline, extensions, bond amount, reduction and exemption, payment, expenditure, return, land reclamation engineering management, and related matters. ”

“ Each Federal agency responsible for the construction and lease of a new building for Federal use shall ensure that the building is designed and constructed in accord with appropriate seismic design and construction standards. ”

“ The amended statute requires any person 'entering into a formal contract with the United States for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon any public building or public work, . ”