A. Zoning Compliance Certificate Required. No land or building shall be occupied or used and no building shall be constructed, reconstructed, altered, repaired, used, or changed in use, except as provided herein, until the City issues a Zoning Compliance Certificate. The City shall not issue a building permit for excavation for a foundation, nor construction of any sort, before a Zoning Compliance Certificate is issued. The issuance of an approved site plan constitutes zoning compliance for the structure and uses described and stated on the plan.
B. Exceptions. A Zoning Compliance Certificate shall not be required for the following:
1. The renewal of a business license by the original holder of the license for the same use at the same location.
2. The issuance of a new business license for a use permitted within a commercial building or shopping center developed and constructed in conformance with a site plan approved by the City.
3. Residential uses consisting of four or fewer units on a lot in a platted subdivision.
C. Request for Zoning Compliance Certificate for Existing Premises Established Pursuant to an Approved Site Plan. Upon written request from the owner or tenant, the City shall issue a Zoning Compliance Certificate for any building or, certifying after inspection the extent and kind of use of the building or premises and whether such use of the buildings or premises conforms to the approved site plan and uses authorized under the applicable zoning district.
D. Request for a Zoning Compliance Certificate for Existing Premises with no Record of Prior Site Plan approval. A request for a Zoning Compliance Certificate on a property with no record of prior site plan approval by the City shall be accompanied by such information as the City may require to ensure conformity of the proposed building, structure, or use with the provisions of this Code. If the City determines that a plan is required, such plan shall be provided electronically, drawn to a 1:20 or 1:30 scale, showing the following:
1. Dimensions, area, and shape of the property to be built upon and the boundaries of all lots or parcels under separate ownership contained therein;
2. Dimensions, size, height, and use of any buildings or structures already existing on the property and their exact location thereon;
3. Width and alignment of all streets, alleys, and easements for public access in or abutting the property;
4. Size and height of all proposed buildings and structures to be erected or altered and their exact position on the property;
5. Proposed uses of buildings, structures, and land, including the number of families or dwelling units, if any, the building is designed to accommodate. If the applicant is not owner of the property, written permission from the owner must be supplied.
E. Issuance of Zoning Compliance Certificate. Within 10 calendar days after the filing of a request for a Zoning Compliance Certificate, the City shall either issue the certificate or deny the request. When such request is denied, the City shall state in writing to the applicant the reasons for the denial and also retain a file copy of the action.
F. Revocation of Zoning Compliance Certificate. The City may revoke a Zoning Compliance Certificate for any use if the use is found:
1. to generate excessive noise, or
2. generate excessive traffic, or
3. create a nuisance in the area immediately surrounding the use, or
4. create a situation which endangers public health or safety.
Revocation is appealable to the Hearing Officer as provided in Article 151.30 of this Code.
('76 Code, Art. 12-1) (Ord. 743, passed 4-10-86; Am. Ord. 764, passed 1-8-87; Am. Ord. 2023-003, passed 4-6-23)