A. Certificate of Zoning Compliance.
1. Authority. The Zoning Officer will have authority to issue certificates of zoning compliance, but only in accordance with the provisions of this section.
2. Purpose.
a. The certificate of zoning compliance is intended to serve two general purposes:
(1) To provide a procedure for reviewing plans for conformance with this title and a means for evidencing conformance; and
(2) As an adjunct procedure all other applications filed pursuant to this chapter with respect to a specific use or development proposal.
b. When an application for a certificate of zoning compliance is filed, it serves as a vehicle for routine plan review by the Zoning Officer prior to consideration of special requests by other officials, departments or the Plan Commission, thus avoiding needless special reviews of defective plans.
3. Certificate Required. Except where expressly waived by another provision of this title, a certificate of zoning compliance must have first been obtained from the Zoning Officer prior to:
a. Commencement of construction, reconstruction, remodeling, alteration, or moving of any structure;
b. Commencement of grading, excavation, or improvement of land preliminary to any construction on or use of such land; or
c. Village issuance of building or other permits pertaining to the construction, reconstruction, remodeling, alteration, or moving of any structure or the use of any land or structure.
4. Certificate not Required. In any case where a certificate of zoning compliance is not required under this chapter, the Zoning Officer will, upon written request, issue a certificate of such fact.
5. Relation to Other Applications. No application for a zoning variation, application for a special use permit, application for an amendment or application for approval of a planned development preliminary plan will be processed unless an application for a certificate of zoning compliance will first have been received, processed, and approved or denied solely on one or more grounds that form the basis for the application. It is the intent of this Section 9-6-3 that no application filed pursuant to this chapter with respect to a specific use or development proposal will be processed until the Zoning Officer is satisfied that the proposed use or development complies with the provisions of this title in all respects except those within the scope of such application.
6. Procedure.
a. Application. Applications for certificates of zoning compliance will be filed in accordance with the requirements of subsection 9-6-2
C.6.b of this chapter.
b. Action on Application. Within ten (10) days following receipt of a complete application for a certificate of zoning compliance, the Zoning Officer will cause the application and related submissions to be reviewed for compliance with this title and will inform the applicant whether the application has been granted or denied.
c. Application Granted; Contents of Certificate. In any case where an application is granted, the Zoning Officer will issue a certificate of zoning compliance that will state the specific use of the property for which it is issued; identify the specific plans, if any, pursuant to which it is issued; set forth any conditions imposed in connection with any approval granted pursuant to this chapter; and will read on its face:
THIS CERTIFICATE DOES NOT SIGNIFY BUILDING CODE REVIEW OR APPROVAL AND IS NOT AUTHORIZATION TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE EITHER IS REQUIRED. BEFORE ANY STRUCTURE TO WHICH THIS CERTIFICATE IS APPLICABLE MAY BE OCCUPIED OR USED FOR ANY PURPOSE, A CERTIFICATE OF OCCUPANCY MUST BE OBTAINED.
d. Application Denied. In any case where an application is denied, the Zoning Officer will state specific reasons therefor and will cite the specific provisions of this title upon which such denial is based.
(1) If relief from such denial would be available pursuant to a companion application filed in connection with the application for a certificate of zoning compliance, the Zoning Officer will inform the applicant and will promptly process such companion application. If the application is approved, the Zoning Officer will issue the requested certificate of zoning compliance in accordance with the terms and conditions of such approval.
(2) If relief from the Zoning Officer’s denial of a certificate of zoning compliance would be available by variation, special use permit or site plan review, but no application therefor has been filed, the Zoning Officer will so state and refer the applicant to the appropriate provisions of this title.
e. Filing of Certificates. Every certificate issued pursuant to this subsection will be kept on file with the Zoning Officer and will be a public record open to inspection in accordance with the provisions of the Freedom of Information Act, 5 ILCS 140/1 et seq., as amended.
7. Effect of Issuance of Certificate. The issuance of a certificate of zoning compliance will not authorize the establishment, expansion, or extension of any use nor the development, construction, relocation, alteration, or moving of building or structure, but will merely authorize the preparation, filing, and processing of applications for any additional permits and approvals that may be required by the codes and ordinances of the village, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval.
8. Limitations on Certificates. Subject to an extension of time granted by the Zoning Officer pursuant to subsection 9-6-1
B.12. of this chapter, a certificate of zoning compliance will become null and void six (6) months after the date on which it was issued unless within such period construction, reconstruction, remodeling, alteration, or moving of a structure is commenced or a use is commenced.
9. Void Certificates. Any certificate of zoning compliance issued in violation of the provisions of this chapter, whether intentionally, negligently or innocently, will be void and confer no rights whatsoever.
B. Certificate of occupancy.
1. Authority. The Zoning Officer will have authority to issue certificates of occupancy; provided, however, that no such certificate will be issued except in accordance with the provisions of this subsection and the other relevant provisions of the Woodridge Village Code, including this title and title 8 governing development, building and related matters.
2. Purpose. For the purposes of this title, the certificate of occupancy provides a procedure for the inspection of completed premises to ensure their compliance with this title and approved plans prior to commencement of the use or occupancy of such premises. The certificate may also evidence compliance with other relevant provisions of this title and the Woodridge Village Code, as set forth in those provisions.
3. Certificate required. Unless a certificate of occupancy is obtained certifying compliance with the provisions of this title:
a. No structure, or addition thereto, constructed, reconstructed, remodeled, altered or moved after the effective date of this title will be occupied or used for any purpose; and
b. Except for changes involving only substitution of occupants in existing dwelling units, no use or occupancy of any land or structure will be changed to any other use or occupancy, whether or not construction, remodeling, alteration, or moving is involved.
4. Procedure.
a. Application. Where no certificate of zoning compliance is required, applications for certificates of occupancy will be filed in accordance with the requirements of subsection 9-6-2
C.6.b. of this chapter.
b. Where a certificate of zoning compliance has been issued, the application for that certificate will also be treated as the application for a certificate of occupancy and will be processed as such at such time as the applicant or village inspector notifies the Zoning Officer that the subject structure or use is ready for a certificate of occupancy in accordance with the certificate of zoning compliance.
c. Action on application. Within ten (10) days following the receipt of a complete application, the Zoning Officer will cause the subject structure or premises to be inspected and will take the following actions based on the inspection:
(1) If all work has been completed and the structure and use thereof are in full and complete compliance with all applicable provisions of this title, other relevant codes and ordinances of the village, the applicant’s plans as approved and any conditions attached to any approval issued pursuant to this chapter, the Zoning Officer will issue a certificate of occupancy.
(2) If, however, all work is not complete or is in any manner not in full compliance with all applicable requirements, the Zoning Officer will deny the application and inform the applicant in writing of the specific deficiencies on which the denial is based, citing the particular provisions of the codes and ordinances of the village, the particular items in the applicant’s plans or the applicable special approval conditions with respect to which compliance is lacking.
d. Contents of certificates. In addition to the matters required to be contained in a certificate of occupancy pursuant to other applicable provisions of the Woodridge Village Code, each certificate of occupancy issued pursuant to this subsection will state the specific use of the subject property for which it is issued; identify the specific plans, if any, pursuant to which it is issued and set forth any conditions imposed in connection with any approval granted pursuant to this chapter.
e. Filing of certificates. Every certificate issued pursuant to this subsection will be kept on file with the Zoning Officer and will be a public record open to inspection pursuant to the provisions of the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., as amended.
5. Temporary certificate of occupancy. Notwithstanding the provisions of subsection 9-6-3
B.3. above, where construction, reconstruction, remodeling or alteration of a structure does not require the vacating of the structure, or where parts of the structure are finished and ready for occupancy before the completion of such construction, reconstruction, remodeling or alteration and are certified upon inspection to be safe for use or occupancy and to be in full compliance with all applicable provisions of this title, other relevant codes and ordinances of the village, the applicant’s plans as approved and any conditions attached to any approvals issued pursuant to this chapter with respect to such structure or its premises, a temporary certificate of occupancy may be issued for a period not to exceed six (6) months from its date, which temporary certificate will bear on its face, in bold type, a statement of its temporary nature; provided, however, that no such certificate will be issued except in accordance with the provisions of this subsection and the other relevant provisions of the Woodridge Village Code, including this title and title 8 governing development, building and related matters.
6. Certificate of occupancy for existing uses. The Zoning Officer may issue a certificate of occupancy 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 subsection with respect to new structures and uses. The certificate will 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 title are changed.
7. Certificate of occupancy for legal nonconformities. The Zoning Officer may issue a certificate of occupancy certifying the lawful existence and use of any nonconforming use, structure, lot or sign in the same manner, and subject to the same standards and limitations, as authorized by this subsection with respect to new structures and uses.
8. Void certificates. Any certificate of occupancy issued in violation of the provisions of this chapter, whether intentionally, negligently, or innocently, will be void ab initio and will confer no rights whatsoever. (Ord. 2024-6, 3-7-2024)