A Certificate of Zoning Compliance is a document issued by the Zoning Inspector that certifies that a project, as constructed, complies with the terms and requirements of this Zoning Code and the Zoning Permit previously issued. The Certificate of Zoning Compliance certifies that the building may be occupied and/or the property used when the applicant has submitted documentation that all inspections and approvals authorizing the use and/or occupancy of the building and/or property have been secured and that the building and site will only be used and/or occupied for the use or uses authorized in the Zoning Permit. No land, new building, or structure shall be occupied or used, in whole or in part, and no change in the use of an existing building or structure, or any part thereof, shall be permitted, until a Certificate of Zoning Compliance has been applied for and issued by the Zoning Inspector. A Certificate of Zoning Compliance shall also be required prior to the use or occupancy of any building or land, if Section 1136.02, Zoning Permit Required, requires said land or building to receive a Zoning Permit.
(a) Certificate of Zoning Compliance shall be applied for and issued as follows:
(1) Occupancy of a Building. A Certificate of Zoning Compliance shall be required before a building that has been constructed, or an existing building that has been altered, moved, changed in use, changed in tenancy, or changed as to off-street parking or loading requirements may be occupied. A Certificate of Zoning Compliance shall only be issued after the completion of the erection or alteration, or change in use of the building and the building is found, upon inspection, to conform with the provisions of this Zoning Code, any other applicable City regulation; policies and specifications; and the Zoning Permit previously issued, if applicable.
(2) Occupancy of Land. A Certificate of Zoning Compliance shall be required before occupancy of the land or where use of the land has been changed to a use different from the prior use. A Certificate of Zoning Compliance shall be issued when it is determined, upon inspection, that the use conforms with the provisions of this Zoning Code.
(3) Change in Use of Nonconforming Building or Use. A Certificate of Zoning Compliance shall be required whenever a nonconforming building, structure, or land is changed to another nonconforming use, and shall not be issued until the Board of Zoning Appeals has approved the change in accordance with the provisions of Chapter 1129, Nonconforming Uses of Land and Buildings.
(b) An application for Certificate of Zoning Compliance shall include, in addition to the plans required for the Zoning Permit, accurate information as to the size, location, drawings and description of the lot, the dimensions of yards, setbacks, and the use of land.
(c) The use and/or development of a building or land shall be inspected by the Zoning Inspector upon application for a Certificate of Zoning Compliance, by the owner or his agent, to determine whether such use or development complies with the previously issued Zoning Permit, if applicable as well as to all provisions of this Zoning Code, or if it is a lawfully existing nonconforming use.
(d) Action by Zoning Inspector. The Zoning Inspector shall evaluate the application and approve or deny it within fourteen working days from the date the completed application was submitted. In evaluating the application, the Zoning Inspector may consult with any department, agency, public body, official, consultant, company, or individual necessary to determine whether the application complies with the regulations of this Zoning Code. Following the Zoning Inspector’s review and inspection:
(1) Approve. The Zoning Inspector shall issue a Certificate Zoning of Compliance upon finding that the building, structure or use, as proposed, complies with the provisions of this Zoning Code and the previously issued Zoning Permit, if applicable, if the performance guarantees have been provided, as required.
(2) Denial. If it is determined by the Zoning Inspector that the proposed building, structure or use would violate one or more provisions of this Zoning Code or does not comply with the previously issued Zoning Permit, then the Certificate of Zoning Compliance shall not be issued. Upon disapproval of any application, the Zoning Inspector shall notify the applicant in writing of the reasons for disapproval.
(3) Temporary Certificate of Zoning Compliance. Pending the issuance of a permanent Certificate of Zoning Compliance, a temporary certificate may be issued, to be valid for a period not to exceed (6) six months from its date, pending the completion of any required improvements, provided a performance guarantee has been provided to the City from a banking institution of sufficient amount to cover the estimated cost of materials and labor and in a form acceptable to the Law Director.
(e) Records. A record of all applications and certificates issued shall be kept on file in the office of the Zoning Inspector, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.
(f) Certificate of Use and Occupancy; When Effective. A Certificate Zoning Compliance shall remain in effect as long as the use of such building or land is in full conformity with provisions of this Zoning Code and with any conditions upon which such certificate was issued. Upon the service of notice of any violation of the provisions or conditions of this Zoning Code or any other applicable ordinance, the Certificate of Zoning Compliance shall become null and void and a new certificate shall be required for any further use or occupancy of such building or land.
(Ord. 2023-029. Passed 4-18-23.)