(A) Purpose. The purpose of the certificate of compliance provisions of this chapter is to administratively authorize and regulate uses in zoning districts that require a certificate of compliance. The certificate of compliance documents that a proposed development will meet all development standards if the project proceeds in accordance with such plans.
(B) Application. Whenever this chapter requires a certificate of compliance as specified for a particular use or within a specific zoning district, a written application shall be filed with the city. The application shall be accompanied by development plans of the proposed use showing such information as may be reasonably required by the city.
(C) Compliance. The use shall conform to the regulations and or conditions specified in this chapter and all other conditions of the certificate of compliance.
(D) Issuance and conditions. If the city determines that the use is in compliance with the requirements contained in this chapter and all other necessary conditions, then the city shall issue the certificate. Standards required by this chapter and all other conditions shall be applied to the issuance of the certificate of compliance and a periodic review of the certificate and proposed use may be required.
(E) Record of certificates of compliance. The city shall maintain a record of all certificates of compliance issued, including information on the use, location, and conditions imposed as part of the permit such as time limits, review dates, and such other information as may be appropriate.
(F) Appeals to denial of certificates of compliance. If the request for a certificate of compliance is denied, if conditions are imposed, or if revoked, the applicant may appeal the decision to the Board of Adjustment and Appeals. The procedures to be followed in presenting the appeal shall be the same as those followed for an appeal of any administrative decision made by the city.
(G) Expiration of certificates of compliance. A certificate of compliance shall expire and be considered null and void 1 year after it has been issued if the use has not been established.
(H) Revocation. A violation of any condition set forth in a certificate of compliance shall be a violation of this chapter. Failure to correct the violation within 30 days of written notice from the city shall terminate the certificate of compliance unless an appeal is filed pursuant to division (F) of this section.
(I) Existing uses. All uses existing at the time of adoption of this chapter that required a certificate of compliance but do not have a certificate of compliance may continue in the same manner of the operation as the use did upon the effective date of this chapter. Any enlargement, structural alteration, or intensification of use shall require a new certificate of compliance as provided for above along with other permits and approvals. The city may impose additional, reasonable conditions for the continuation of the use in accordance with the regulations set forth in this chapter.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010)