§ 65.460. Certificate of Use Approval Required.

Unless exempt by law or below, no structure can be used or any existing use enlarged, or any new use made of any land, body of water, or structure, without first obtaining a certificate of use. A certificate of use specifies all uses within a structure or permitted on the property, including accessory uses. All uses within the structure or on the property that are consistent with those permitted in a certificate of use do not require separate certificates of use. A new certificate of use will be required for all uses inconsistent with the uses permitted under a certificate of use.

A certificate of use does not permit an expansion of a legally nonconforming use, unless otherwise permitted by this Code. If a legally nonconforming use is discontinued for a period of six months, the use will no longer be permitted under a certificate of use.

Notwithstanding any provision to the contrary, and notwithstanding any prior legal status of any use, any new use or any changes in use, name, expansion of square footage occupied, or the inclusion of additional uses will require a certificate of use.

Applications. A certificate of use is required in conjunction with a business tax receipt. Applications for certificates of use must be made by completing an application form as provided by the Zoning Official and paying a fee in an amount to be set from time to time by resolution of the City Council. A complete application must include or be accompanied by verification that the applicant is the owner or has owner authorization, and must detail all primary and accessory uses.

Where a building permit is required, the provisions of a certificate of use must be part of the building permit application review and approval process. For new uses, additional information as determined by the Zoning Official may be required, including a site plan, master plan, and survey.

(Ord. No. 2017-67, § 1, 1-8-2018, Doc. #1801081201)