Land shall not be occupied or used and a building which has been erected or altered shall not be occupied or used until a zoning certificate of compliance has been applied for and issued as follows:
(a) Zoning Certificate of Compliance Required.
(1) Occupancy of a Building. A zoning certificate of compliance shall be required before occupancy of a newly constructed building or an existing building which has been altered, moved, changed in use or changed as to off-street parking or loading requirements, for which a zoning permit has been issued. The zoning certificate of compliance shall only be issued after the completion of the erection or alteration of the building or buildings, and found, by inspection, to be in conformity with the provisions of the Planning and Zoning Code.
(2) Occupancy of Land or Building for which a Zoning Permit is not Required. A zoning certificate of compliance shall be required before occupancy of land or building whenever the use of land or building has been changed to a use different than the prior use and a zoning permit was not required. A zoning certificate of compliance shall be issued when it has been found, by inspection, that the use is in conformity with the provisions of the Planning and Zoning Code. The zoning certificate of compliance shall be obtained prior to issuance of any required building permit.
(3) Change in Nonconforming Use of Building or Land. A zoning certificate of compliance shall be required whenever a nonconforming use of a building or land is changed, and shall not be issued until the change in use has been approved in accordance with the provisions of Section 1167.03.
(4) Temporary Certificate. Pending the issuance of a zoning certificate of compliance, a temporary zoning certificate of compliance allowing for partial occupancy of a building, or occupancy of an independent component, may be issued for a period not exceeding six months, during which time alterations are being made or while a dwelling or other building is completed. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or occupancy of the premises or any other regulation of this Planning and Zoning Code, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately unsure the safety of the occupants.
(5) Review and Certification by City Engineer. No zoning certificate of compliance, including a temporary certificate, shall be issued without review and certification by the City Engineer indicating that all site work has been approved, including payment for City review and inspection fees for plans and specifications for such work.
(b) Certificate for Existing Building or Use. Upon application by the owner, the Building and Zoning Inspector shall inspect a building or tract of land existing at the effective date of this Planning and Zoning Code and shall issue a zoning certificate of compliance therefor, certifying:
(1) The use of the building, and
(2) Whether such use conforms to all the provisions of this Planning and Zoning Code, or
(3) If it is a lawfully existing nonconforming use.
(c) Application: Records.
(1) Applications for a zoning certificate of compliance may be submitted separately or accompany an application for a certificate of occupancy issued in accordance with the Building Code. Accurate information shall be furnished by the owner, or his agent, as to size and location of the lot, buildings or structures occupying the lot, the dimensions of all yards and open spaces, the use of land or building operations or processes and all such information as may be included on a printed form to be furnished by the City. The zoning certificate of compliance shall state that the building or proposed use of land or building conforms to the provisions of this Planning and Zoning Code, or that such use is nonconforming but may be occupied legally for such use.
(2) A record of all applications and zoning certificates of compliance issued shall be kept on file in the office of the Building and Zoning Inspector and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the land or building affected.
(Ord. 2020-21. Passed 2-18-20.)