17.72.070 Certificate of zoning compliance required.
A. It is unlawful to use or occupy or permit the use or occupancy of any building or premises, or to change the occupancy of any building or premises until a certificate of zoning compliance is issued by the Zoning Administrator, stating that the proposed use of the building or land conforms to the requirements of this title. No nonconforming structure or use shall be changed or extended until a certificate of zoning compliance has been issued by the Zoning Administrator. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs with the provisions of this title.
B. The Zoning Administrator may permit the occupancy of a building prior to the completion of all required work, provided a cash-only bond is posted with the City Recorder in the amount itemized in the Master Fee Schedule, Chapter 3.50.
1. The construction costs for the completion of the remaining improvements shall be less than ten thousand dollars and shall not include ADA accessibility requirements, potable water and sanitary sewer, or health and safety requirements found in the building code or other ordinances adopted by the City.
2. Types of improvements that may be bonded under this section include but are not limited to: building trim, landscaping, curb, gutter and sidewalk, or replacement of concrete that was damaged during construction.
3. The estimated cost of the remaining improvements and a schedule for completion shall be established in an improvements agreement that must be approved by City Council.
4. The agreement must contain at a minimum:
a. A description of the work to be completed.
b. Reasons for the incompletion of items.
c. Estimates of the construction costs and the additional costs listed above.
d. Contain a reference to the building permit number.
e. An expected date of completion.
f. Actions to be taken or penalties for failure to complete the improvements on time.
5. If necessary items remain unfinished at the end of the agreed time period, the City Manager may grant an extension. The extension shall not exceed a reasonable period of time to allow the contractor/developer to complete those remaining items listed in the improvements agreement.
6. The City Manager shall have the authority to release the bond if the improvements are satisfactorily completed. All public improvements shall be warranted by the developer/contractor for a period of one year from the date of final inspection by city staff. If the improvements are not completed to the satisfaction of the City or incomplete at the time of expiration of the agreement, the City Manager shall cause the work to be completed and use the bond to satisfy the incurred costs.
The Zoning Administrator shall maintain a record of all certificates of zoning compliance for a period of five years and a copy shall be furnished upon request to any applicant. (Ord. 19-29 (part), 2019; Ord. 13-08, 2013: prior code § 27-25-7)