(a) A Use and Occupancy Permit shall be required for any of the following:
(1) Construction, reconstruction, erection, extension, enlargement, conversion, or structural alteration of any Building, including Accessory Structures;
(2) Change in Use of an existing Building or Accessory Structure to a Use of a different classification;
(3) Occupancy and Use of vacant land;
(4) Change in the Use of land to a Use of a different classification;
(5) Any change in a Legally Nonconforming Use;
(7) Any change in ownership.
A Use and Occupancy Permit is issued subject to continued compliance with all requirements and conditions of this Ordinance and other regulations enacted by the City, all as in effect at the time of issuance of the Use and Occupancy Permit and may be revoked for noncompliance.
(b) Applications. Use and Occupancy Permit applications shall be submitted pursuant to the requirements specified by City Codified Ordinance Section 1501.05
and provisions of the current Use and Occupancy Permit application.
(c) The City Engineer/Planning Director or designee shall approve the issuance of a Use and Occupancy Permit only if the application complies with the requirements of this Ordinance, and provided that such Use and Occupancy Permit shall be conditioned, where necessary, on the approval of the City Engineer/Planning Director or designee, and any other department, committee, or agency concerned, and provided the application is accompanied by the required fee. It shall be the responsibility of the applicant to identify any deviations from the standards and specifications of this Ordinance.
(d) The City Planning Department shall maintain a record of all Use and Occupancy Permits and copies shall be furnished upon request to any Person upon payment of the cost thereof. The issuance of a Use and Occupancy Permit shall not be construed so as to sanction a variance from the terms of this Ordinance and any Use and Occupancy Permit issued that would work to violate this Ordinance, the applicable Building Codes or the Subdivision and Land Use Ordinance shall be void.
(e) If the Board of Zoning Appeals or the City Planning Commission shall determine that any provision of this Ordinance is violated, the Planning Commission may instruct the City Engineer/Planning Director or designee to take appropriate action to ensure compliance. This Section shall not be construed to require action by the Planning Commission prior to the taking of appropriate enforcement action by the City Engineer/Planning Director or designee as otherwise provided in this Ordinance.
(f) Permits for a Principal Use shall encompass any Accessory Uses on the same property provided that such Accessory Uses are clearly reflected in the Use and Occupancy Permit application.
(g) Fees. All applications for Use and Occupancy Permits, Special Exceptions, petitions to rezone property and variances shall be accompanied by the prevailing fees. The City publishes the various fees applicable to such applications and related matters, which provisions, as they may be amended from time to time, are incorporated into this Ordinance by reference.
(h) There shall be no refund of any fee paid hereunder.
(i) A Use and Occupancy Permit shall authorize only the Use, arrangement, and construction set forth in the application for same. Use arrangement or construction differing with that authorized shall be deemed a violation of this Ordinance.
(j) Undertaking any of the activities listed in subsection (a) without a Use and Occupancy Permit shall be deemed a violation of this Ordinance, provided that this Subsection shall not be construed to apply to a rearrangement of equipment within an existing facility.
(Ord. 2021-07. Passed 7-21-21.)