A. Zoning Certificates: Unless a zoning certificate shall have been applied for and obtained from the office of the zoning administrator:
1. The construction, moving, remodeling, or reconstruction of any structure shall not be commenced.
2. The improvement of land preliminary to any use of such land shall not be commenced.
3. Permits pertaining to the use of land or structures shall not be issued by any official, officer, employee, department, board, or bureau of the city of Prospect Heights.
Any application for a building permit that contains the information required by this title shall be deemed an application for a zoning certificate. Any zoning certificate issued in conflict with the provisions of this title shall be null and void.
B. Application For Zoning Certificate: Every application for a zoning certificate shall be accompanied by the following:
1. The certificate of a registered architect or registered structural engineer licensed by the state of Illinois, or of an owner-designer, that the proposed construction, remodeling, or reconstruction complies with all the provisions of this title.
2. A plat, in duplicate, of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions of the piece or parcel, lot, lots, block or blocks, or parts or portions thereof, according to the recorded plat of such land.
3. A plot plan, in duplicate, drawn to scale, and in such form as may, from time to time, be prescribed by the zoning administrator, showing the location, ground area, height, and bulk of all present and proposed structures, drives and off street parking and loading spaces, the building lines in relation to lot lines, waste disposal areas, the use to be made of such present and proposed structures on the land, and such other information as may be required by the zoning administrator for the proper enforcement of this title. Applications for zoning certificates for industrial uses shall also be subject to subsection C of this section and on such applications the plot plan shall also show all structures, streets, streams, and any other significant physical features within two hundred feet (200') of the boundary of the site shown on the plot plan.
4. Any application for a variance, amendment or special use must be accompanied by all documentation, if any, which evidences the existence of any easements, covenants or any other private agreement applicable to the property for which such application is filed.
One copy of both the plat and the plot plan shall be retained by the zoning administrator as a public record.
C. Application For Zoning Certificate For Industrial Uses: All applications for a zoning certificate for the construction, moving, remodeling, or reconstruction of any structure to contain an industrial use shall be accompanied by sufficient information to enable the zoning administrator to determine that there will be compliance with all of the applicable performance standards of chapter 7 of this title at all times. At the request of the zoning administrator, the applicant shall provide, in addition to the information required under subsection B of this section, the following:
1. A description of the activity to be conducted in sufficient detail to indicate the extent to which the proposed operation will produce waste products, conditions, or external effects which are regulated or otherwise limited by chapter 7 of this title.
2. A description of the type and location of any abatement devices or recording instruments used to control or measure conformity with any of the standards set forth in chapter 7 of this title.
3. Such other data and certification as may reasonably be required by the zoning administrator to reach a determination with respect to whether the proposed use or structure will comply with the requirements of chapter 7 of this title.
All information and evidence submitted in an application for a zoning certificate to indicate conformity with the performance standards set forth in chapter 7 of this title shall constitute a certification and an agreement on the part of the applicant that the proposed structure or use can and will conform to such standards at all times.
D. Issuance Of Zoning Certificate: A zoning certificate shall be either issued or refused by the zoning administrator within fourteen (14) days after the receipt of an application therefor, or within such further period as may be agreed to by the applicant; provided, however, that the zoning administrator shall have a period of twenty one (21) days within which to issue or refuse a zoning certificate on all applications which are required to comply with the provisions of chapter 7 of this title. When the zoning administrator refuses to issue a zoning certificate, he shall advise the applicant in writing of the reasons for the refusal.
E. Period Of Validity: A zoning certificate shall become null and void six (6) months after the date on which it is issued unless, within such six (6) month period, construction, moving, remodeling, or reconstruction of a structure is commenced or a use is commenced.
F. Occupancy Certificates: No structure or addition thereto constructed, moved, remodeled, or reconstructed after the effective date hereof shall be occupied or used for any purpose and no land vacant on the effective date hereof shall be used for any other use, unless an occupancy certificate shall first have been obtained from the zoning administrator certifying that the proposed use or occupancy complies with the provisions of this title.
G. Application For Occupancy Certificate: Every application for a zoning certificate or building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or structure, where no zoning certificate is required, shall be filed with the zoning administrator and be in such form and contain such information as the zoning administrator shall provide by general rule.
H. Application For Occupancy Certificate For Industrial Uses: All applications for an occupancy certificate for any industrial use where no zoning certificate is required, shall be accompanied by sufficient information to enable the zoning administrator to determine that all the applicable performance standards of chapter 7 of this title can and will be complied with at all times. At the request of the zoning administrator, the applicant shall provide such information as is specified in subsection C of this section.
I. Issuance Of Occupancy Certificate: No occupancy certificate for a structure or addition thereto constructed, moved, remodeled, or reconstructed after the effective date hereof shall be issued until such work has been completed including off street parking and loading spaces, and the premises have been inspected by the zoning administrator and determined to be in full and complete compliance with the plans and specifications upon which the issuance of the zoning certificate was based. No occupancy certificate for a new use of any structure or land shall be issued until the premises have been inspected by the zoning administrator and determined to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located.
Pending the issuance of a permanent occupancy certificate, a temporary occupancy certificate may be issued to be valid for a period not to exceed six (6) months from its date, pending the completion of any addition or during partial occupancy of the premises. An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, within fourteen (14) days after the receipt of an application therefor, or after the zoning administrator is notified in writing that the structures or premises are ready for occupancy; provided, however, that the zoning administrator shall have a period of twenty one (21) days within which to issue or refuse an occupancy certificate on all applications which are required to comply with the provisions of this chapter.
J. Escrow Deposits: Whenever an application for a zoning or occupancy certificate for a new or altered industrial structure or use indicates, in the opinion of the zoning administrator, that the operations or activities to be conducted may violate the restrictions of chapter 7 of this title, the zoning administrator shall, as a condition precedent to issuing a zoning or occupancy certificate, require the deposit in escrow of not more than five hundred dollars ($500.00), to be held by the zoning administrator for a period of one year after the date that such new or altered use is commenced.
If during such one year period the zoning administrator believes there is a reasonable probability that the regulations of chapter 7 of this title are being violated, he may employ a qualified technician or technicians to perform investigations, measurements, and analyses to determine whether or not the regulations of chapter 7 of this title are, in fact, being violated and may pay his or their reasonable fees out of the aforementioned escrow deposit, regardless of the outcome of the investigation.
If the reasonable fees of such technician or technicians exceed the amount of any available escrow deposit, and if a violation of chapter 7 of this title is discovered, the fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in chapter 12 of this title. Escrow deposits or remainders of escrow deposits shall be returned to the depositors at the expiration of the escrow period.
K. Certificate Of Zoning Compliance For Existing Uses: The City Administrator may issue a certificate of zoning compliance certifying the lawful existence and use of any existing structure or use in the same manner, and subject to the same standards and limitations, as authorized by this chapter with respect to new structures and uses. Such certificate of zoning compliance shall be prima facie evidence of the facts contained in it with respect to any structure or use as of the date of its issue and remain effective for that purpose for so long as neither the use or structure nor the applicable provisions of this zoning code are changed. The fee for a certificate for zoning compliance for existing uses shall be: seventy five dollars ($75.00) for residential; one hundred dollars ($100.00) for commercial. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-88-58, 11-7-1988; Ord. 18-05, 3-12-2018)