(a) Certificate Required; Existing Buildings.
(1) It shall be unlawful for an owner to use or to permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, altered, modified, converted or enlarged, wholly or partly, until a zoning certificate shall have been issued by the Zoning Administrative Officer. Such certificate shall show that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Code. It shall be the duty of the Zoning Administrative Officer to issue a certificate, provided he or she is satisfied that the structure, building or premises, and the proposed use thereof, conform to all the requirements of this Zoning Code. No permit for excavation or construction shall be issued by the Zoning Administrative Officer unless the plans, specifications and intended use conform to the provisions of this Zoning Code.
(2) Upon written request from the owner or tenant, the Zoning Administrative Officer shall issue a Zoning Certificate for any building or premises existing at the time of enactment of this Zoning Code, certifying, after inspection, the extent and kind of use made of the building or premises, whether such use conforms to the provisions of this Zoning Code and after all other required permits have been obtained.
(b) Filing Plans. Every application for a Zoning Certificate shall be accompanied by plans in duplicate (two copies), drawn to scale in black line or blueprint, including one electronic copy in PDF format, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size and height of any building or structure to be erected or altered; in the case of a proposed new building or structure, or proposed alteration of an existing building or structure as would substantially alter its appearance, drawings or sketches showing the front, side and rear elevations of the proposed building or structure or of the structure as this will appear after the work for which a permit is sought shall have been completed, the existing and intended use of each building or structure or part thereof, and the number of families or housekeeping units the building is designed to accommodate; and when no buildings are involved, the location of the present use and proposed use to be made on the lot and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Zoning Code. One copy of such plans shall be returned to the owner when such plans shall have been approved by the Zoning Administrative Officer, together with such zoning certificate as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon, shall be based on actual survey. The lot and the location of the building thereon shall be staked out on the ground, and approved as staked, before construction is started.
(c) Conditions Under Which Zoning Certificates are Required. A Zoning Certificate shall be required for any of the following, except as herein provided:
(1) Construction or alteration of any building, including accessory buildings.
(2) Change in use of an existing building or accessory building 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 the use of a nonconforming use.
(d) Application for and Issuance of Zoning Certificate.
(1) Written application for a Zoning Certificate for the construction of a new building or for the alteration of an existing building shall be made at the same time as the application for a building permit. Said Zoning Certificate shall be issued within 30 calendar days after a complete application and fee for the same has been made to the Zoning Administrative Officer or his or her agent, provided such construction or alteration is in conformity with the provisions of this Zoning Code and copies of all other required permits are provided to the Zoning Administrative Officer or his or her agent.
(2) Written application for a Zoning Certificate for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use as herein provided, shall be made to the Zoning Administrative Officer. If the proposed use is in conformity with the provisions of this Zoning Code and all provisions of subsection (e) hereof have been met, the certificate therefore shall be issued within 30 calendar days after a complete application and fee for same has been made.
(3) At the time that an application for a Zoning Certificate is made, a fee, in an amount determined by ordinance of Council, Section 1442.12 of the City Codified Ordinances, shall be paid to the City and shall be credited to the General Fund of the City.
(e) Zoning Certificates for Nonconforming Uses. A Zoning Certificate shall be required for all lawful nonconforming uses of land or buildings created by adoption of this Zoning Code. Application for such certificate for a nonconforming use shall be filed with the Zoning Administrative Officer by the owner or lessee of the building or land occupied by such nonconforming use within two years of the effective date of this Zoning Code. It shall be the duty of the Zoning Administrative Officer to issue a certificate, at no charge, for a lawful nonconforming use, but failure to apply for such certificate for a nonconforming use, or refusal of the Zoning Administrative Officer to issue a certificate for such nonconforming use, shall not be evidence that said nonconforming use was either illegal or did not lawfully exist on the effective date of this Zoning Code.
(f) Issuance Upon False Statement. Any Zoning Certificate issued upon a false statement by the applicant shall be void. Whenever the fact of such false statement shall be established, said Zoning Certificate shall be revoked by notice in writing to be delivered to the holder of the void certificate upon the premises concerned or in some conspicuous place upon said premises. Any person who shall proceed thereafter with work or use without having obtained a new Zoning Certificate, in accordance with this Zoning Code, shall be deemed guilty of violation thereof.
(g) Failure to Commence Work. A Zoning Certificate which has been issued for which no work has commenced within six months after issuance thereof, may expire by limitation. In such case, the Zoning Administrative Officer shall review the progress of the applicant and may extend, without fee, the Zoning Certificate for an additional six months. Where work is commenced and then abandoned for one year, the Zoning Certificate may expire by limitation and the Zoning Administrative Officer or authorized representative may order the incomplete structure to be removed by the owner. If so ordered and upon failure of the owner to remove the same within one year, such owner shall be deemed guilty of violation and subject to the penalty contained in this chapter.
(Ord. 2010-29. Passed 7-5-10.)