17-13-1400  Occupancy Certificates.
   17-13-1401 Applicability.
      17-13-1401-A No building, or addition thereto, and no addition to a previously existing building may be occupied, and no land vacant may be used for any purpose, and no land may be used for the purpose of a surface parking lot until a certificate of occupancy has been issued by the Zoning Administrator.
      17-13-1401-B No change in a use other than that of a permitted use in a district may be made until a certificate of occupancy has been issued by the Zoning Administrator.
      17-13-1401-C Every certificate of occupancy must state that the use of occupancy complies with all the provisions of this Zoning Ordinance.
   17-13-1402 Applications.
      17-13-1402-A Every application for a building permit will be deemed to be an application for an occupancy certificate.
      17-13-1402-B Every application for an occupancy certificate for a new use of land where no building permit is required must be made directly to the Zoning Administrator.
   17-13-1403 Issuance of Occupancy Certificate.
      17-13-1403-A No occupancy certificate for a building or addition thereto may be issued until construction has been completed and the premises inspected and certified by the Zoning Administrator to be in conformity with the plans and specifications upon which the zoning certificate was based.
      17-13-1403-B No occupancy certificate for a building or addition thereto may be issued and no addition to a previously existing building may be occupied and no land may be used for the purpose of a surface parking lot until the premises have been inspected and certified by the Zoning Administrator to be in compliance with all applicable standards of the zoning district in which it is located.
      17-13-1403-C Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed 6 months from its date during the completion of any addition or during partial occupancy of the premises.
      17-13-1403-D An occupancy certificate must be issued, or written notice must be given to the applicant stating the reasons why a certificate cannot be issued, no later than 14 days after the Zoning Administrator is notified in writing that the building or premises is ready for occupancy.
      17-13-1403-E Failure to install required landscape materials in connection with parking and loading areas, parking lots, or other vehicular use areas may not be relied upon as the basis for denial or withholding a certificate of occupancy; provided that:
         1.   a zoning certificate for the installation of said landscape materials has been issued in accordance with this Zoning Ordinance or, in the case of uses not requiring a zoning certificate, the Zoning Administrator has determined that the plans and specifications for the installation or required landscape materials comply with the provisions of this chapter; and
         2.   a performance bond or other security has been posted with the City, at the time of zoning certification. Such bond or security must be:
            (a)   in such form and amount as the Zoning Administrator deems adequate to assure that required landscape material will be installed within six months or the next planting season; and
            (b)   released when the premises have been inspected and the Zoning Administrator has certified that the landscape materials have been installed in accordance with the approved plans and specifications.
   17-13-1404 Community Homes.
      17-13-1404-ANo building may be occupied as a family community home or group community home until a Certificate of Occupancy has been issued by the Office of the Zoning Administrator. No Certificate of Occupancy may be issued for a family community home or group community home unless the Zoning Administrator determines that the proposed Community Home complies with all applicable zoning regulations and has been licensed as an adult family care home (in the case of a family community home) pursuant to Section 4-6-110, or an adult family care center (in the case of a group community home) pursuant to Section 4-6-080(a).
      17-13-1404-B The Zoning Administrator may revoke a Certificate of Occupancy for a Community Home if the operator's license is revoked by the appropriate state agency. A Certificate of Occupancy is not transferable to another operator or to another location.
   17-13-1405 Inter-Track Wagering Facility.
      17-13-1405-A Upon receipt of an application for the establishment of an inter-track wagering facility, the Zoning Administrator must:
         1.   make a determination of the capacity in persons of such a facility; said capacity may not exceed that established by the fire commissioner;
         2.   require that the applicant provide documentation that parking facilities having the capacity to provide spaces equal to 20% of that capacity (or an appropriate number as adjusted by other provisions of this Zoning Ordinance) exist within 1,000 feet of the site and are accessible to patrons of the facility (not leased or committed to other specific uses);
         3.   require that the applicant provide written notice, return receipt requested, to all registered voters residing within 500 feet of the proposed use; and
         4.   upon determination that the use applied for is permitted only as a special use in the applicable district must provide findings regarding compliance with these provisions in writing to the applicant and directly to the Chairman of the Zoning Board of Appeals.
      17-13-1405-B The above-stated conditions are the minimum conditions for establishment of an inter- track wagering facility as a special use under the provisions of this Zoning Ordinance. Meeting these conditions is not a waiver of the standards of Sec. 17-13-0900.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 5-9-12, p. 27485, § 195; Amend Coun. J. 5-18-16, p. 24131, § 161)