3-33-045  Certificate of zoning compliance.
   A.   Categories of property covered. A certificate of zoning compliance shall be required prior to the issuance of tax stamps pursuant to Section 3-33-030 of this chapter for residential property zoned for, or occupied by, one or more: (1) one-family dwellings, (2) two-family dwellings, or (3) multifamily dwellings containing five or fewer dwelling units, all as defined in the Chicago zoning ordinance. However, a certificate of zoning compliance shall not be required for residential property subject to the Illinois condominium property act, for residential property located within cooperative buildings, or for property containing a newly constructed dwelling that is sold to the initial occupant of the dwelling. For purposes of this section, a cooperative building is defined as a multiple-dwelling complex owned by a cooperative corporation, stock in which affords the owner thereof the right to possess or occupy a particular family unit allocated to that stock within the complex. This right of possession or occupancy is granted through a proprietary lease or similar arrangement, and, unlike the owner of a condominium, the owner of the cooperative stock does not hold legal title to his or her individual family unit.
   B.   Application. The owner or owner's agent may apply for a certificate of zoning compliance for any property subject to subsection 3-33-045(A) by submitting to the zoning administrator an application in a form prescribed by the zoning administrator and payment of any administrative fee required therefor under Section 3-33-070. The consent of the owner of the property for which a certificate is requested shall not be required unless the zoning administrator determines that an on-site inspection of the property is required.
   C.   Use analysis. Upon receipt of an application for a certificate of zoning compliance, the zoning administrator shall conduct a use analysis of the property. For purposes of issuance of a certificate of zoning compliance, the use analysis shall be limited to a determination of the applicable and lawful number of dwelling units on the property. Nothing herein shall be deemed or interpreted as precluding the zoning administrator from performing otherwise authorized and lawful zoning inspections, or from initiating otherwise authorized and lawful zoning enforcement procedures, for any property at any time.
   D.   Action. Within five business days after receipt of an application for a certificate of zoning compliance, the zoning administrator shall either: (1) issue the certificate of zoning compliance if the zoning administrator determines that there are no more dwelling units on the property than that which are permitted by the applicable provisions of the Chicago zoning ordinance: or (2) deny the application for a certificate of zoning compliance by issuance of a written statement setting forth the reason for such denial. If no request for reconsideration is made pursuant to subsection 3-33-045(E) of this chapter, the decision of the zoning administrator shall become a final decision within five business days after its issuance. The failure of the zoning administrator to act within the time periods prescribed in this subsection 3-33-045(D) shall be deemed to be a waiver of the requirement for the issuance of a certificate of zoning compliance.
   E.   Reconsideration. Any person whose application for a certificate of zoning compliance is denied may request the zoning administrator to reconsider his or her determination. If such a request for reconsideration is made, the zoning administrator shall review any additional information presented to him or her by the applicant and shall conduct an on-site inspection of the property, regardless of whether any such on-site inspection previously was made; provided, however, that no on-site inspection shall be conducted without the prior written consent therefore by the owner of the property, or its duly authorized agent. Within five (5) business days after the request for reconsideration is made, the zoning administrator shall render a final decision which shall consist of either: (1) issuance of the certificate of zoning compliance; or (2) issuance of a written statement setting forth the reasons for denial of the application. The failure of the zoning administrator to act within the time period prescribed in this subsection 3-33-045(E) shall be deemed to be a waiver of the requirement for the issuance of a certificate of zoning compliance.
   F.   Appeal. Any final decision of the zoning administrator under this Section 3-33-045 may be appealed to the zoning board of appeals.
   G.   Effective period. A certificate of zoning compliance issued under this Section 3-33-045 shall be valid for one year following the date of its issuance.
(Added Coun. J. 10-1-97, p. 53701; Amend Coun. J. 9-6-17, p. 54189, § 3)