(a) No person shall use or occupy any parcel of land (except for agricultural purposes, or existing buildings used exclusively for residential purposes) or use or occupy a new building, or make an enlargement or substitution or other change in the use or occupancy of any land or building until he has applied in writing to the Building Commissioner and received a certificate of compliance stating that the use or changed use will comply with the provisions of the Zoning Code and the Building Code.
(b) A person may apply to the Commissioner at any time after the completion of a new building or of an alteration in an existing structure made in accordance with the provisions of the Zoning and Building Codes for a certificate of compliance. The Commissioner shall issue such certificate of compliance to the applicant within five (5) days, excluding Sundays and holidays, unless he finds within that period, after inspection of the premises, that such use or occupancy would not be permitted by the provisions of the Zoning and Building Codes. The Commissioner may issue a temporary certificate for use of a part of a building so complying.
(c) The Commissioner shall keep a record of all certificates of compliance. He shall furnish a copy of such certificate or the record thereof to any person having a proprietary or tenancy interest in the land or building affected. A fee of ten dollars ($10.00) shall be charged for each certificate of compliance. When the original application for certificate of compliance cannot be supplied by the applicant, a fee of ten dollars ($10.00) shall be charged for a duplicate. Where a certificate of occupancy is required in addition to a certificate of compliance, the fee for the certificate of compliance shall be waived upon payment of the fee for the certificate of occupancy, but such fee waiver does not waive the requirement to obtain a certificate of occupancy. (Ord. 21-1988. Passed 3-21-88.)
(d) If the use, occupancy or operation at any time fails to comply with all City ordinances or conditions of the building permit, and such failure to comply continues beyond a time fixed by the Building Commissioner, which time shall not exceed sixty (60) days from the date of notice of noncompliance, the certificate of compliance shall become void and all rights thereunder shall be deemed terminated and the continuance of the use, occupancy or operation under such certificate shall cease.
(e) Notwithstanding the provisions of subsection (a) hereinabove or Chapters 1173 and/or 1175 of the Zoning Code, a nonconforming two-family building located in an “A Single- Family” District may be rebuilt to the previously-existing size and footprint and used for two- family purposes, and the Building Commissioner may issue applicable building permits accordingly, even if the building is destroyed to an extent exceeding sixty percent (60%) of its market value, provided the following conditions are met:
(1) No later than thirty (30) days after the event causing damage or destruction of the building, the owner, mortgagee or other person having a legal interest in the property provides written proof to the City of the existence of insurance or financing adequate to reconstruct/repair the building and written notice of its intent to so reconstruct/repair the building; and
(2) The owner, mortgagee or other person having a legal interest in the property applies for all necessary building permits for the reconstruction/repair of the property no later than ninety (90) days after the event causing damage or destruction of the property; and
(3) The reconstruction or repair of the property is substantially completed within one (1) year of the event causing damage or destruction of the property. (Ord. 42-2011. Passed 4-20-11.)