The village manager shall have authority to issue certificates of zoning compliance; provided, however, that no such certificate shall be issued except in accordance with the provisions of this chapter and the provisions of the Lake Zurich municipal code governing development, building, and related matters. (Ord., 10-2004)
9-13-2: PURPOSE:
For the purposes of this zoning code, the certificate of zoning compliance provides a procedure for the inspection of completed premises to ensure their compliance with this zoning code and approved plans prior to commencement of the use or occupancy of such premises and for ensuring the compliance of any home occupation before it is established or maintained. It is intended that the certificate of zoning compliance be issued in conjunction with a certificate of occupancy pursuant to the Lake Zurich building code when such a certificate of occupancy is required thereby. (Ord., 10-2004)
9-13-3: CERTIFICATE REQUIRED:
Unless a certificate of zoning compliance shall have first been obtained certifying compliance with the provisions of this zoning code:
A. No Occupancy Or Use Of Structure: No structure, or addition thereto, constructed, reconstructed, remodeled, altered, or moved after the effective date of this zoning code shall be occupied or used for any purpose; and
B. No Use Or Occupancy Of Vacant Land: No land vacant as of the effective date of this zoning code shall be used or occupied for any purpose, except the raising of crops; and
C. No Change Of Use: Except for changes involving only substitution of occupants in existing dwelling units, no use or occupancy of any land or structure shall be changed to any other use or occupancy, whether or not construction, remodeling, alteration, or moving is involved; and
D. No Home Occupation: No home occupation shall be established or maintained. (Ord., 10-2004)
9-13-4: PROCEDURE:
A. Application: Applications for certificates of zoning compliance shall be filed in accordance with the requirements of section 9-14-1 of this title.
In any case where the structure or use involved has been constructed or established pursuant to any approval granted pursuant to this zoning code, the application shall be accompanied by "as built" plans depicting the structure or use as built and bearing the certificate of a surveyor, engineer, architect, land planner, or owner-designer, as may be appropriate, certifying that the structure or use as built conforms in all respects to the approval granted.
B. Action On Application: Within ten (10) days after the receipt of a completed application, the village manager shall cause the subject structure or premises to be inspected and shall take one of the following actions based on such inspection:
1. Work Complete And Proper: If all work has been completed and the structure and use thereof are in full and complete compliance with all applicable provisions of this zoning code, 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 zoning code, then the village manager shall issue a certificate of zoning compliance.
2. Work Incomplete Or Noncompliance: If, however, all work is not complete or is in any manner not in full compliance with all applicable requirements, then the village manager shall deny the application and shall inform the applicant in writing of the specific deficiencies on which such 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.
C. Contents Of Certificate: In addition to the matters required to be contained in a certificate of zoning compliance pursuant to other applicable provisions of the Lake Zurich municipal code, each certificate of zoning compliance issued pursuant to this section shall state the specific use of the subject property for which it is issued, shall identify the specific plans, if any, pursuant to which it is issued, and shall set forth any conditions imposed in connection with any approval granted pursuant to this zoning code. (Ord., 10-2004)
9-13-5: TEMPORARY CERTIFICATE OF ZONING COMPLIANCE:
Notwithstanding the provisions of subsection 9-13-4B of this chapter, when construction, reconstruction, remodeling, or alteration of a structure does not require the vacating of the structure, or when 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 zoning code, 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 zoning code with respect to such structure or its premises, a temporary certificate of zoning compliance may be issued for a period not to exceed six (6) months from its date, which temporary certificate shall bear on its face, in bold type, a statement of its temporary nature; provided, however, that no such temporary certificate shall be issued pursuant to this zoning code unless said structure also qualifies for a temporary certificate of occupancy issued pursuant to the Lake Zurich building code. (Ord., 10-2004)
9-13-6: CERTIFICATE OF ZONING COMPLIANCE FOR EXISTING USES:
The village manager may issue a certificate of zoning compliance 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 chapter with respect to new structures and uses. Such certificate of zoning compliance shall 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 zoning code are changed. (Ord., 10-2004)
9-13-7: VOID CERTIFICATES:
Any certificate of zoning compliance issued in violation of the provisions of this zoning code, whether intentionally, negligently, or innocently, shall be void ab initio, and shall give rise to no rights whatsoever. (Ord., 10-2004)
Lake Zurich City Zoning Code
CHAPTER 13
CERTIFICATE OF ZONING COMPLIANCE
9-13-1: AUTHORITY:
The village manager shall have authority to issue certificates of zoning compliance; provided, however, that no such certificate shall be issued except in accordance with the provisions of this chapter and the provisions of the Lake Zurich municipal code governing development, building, and related matters. (Ord., 10-2004)
9-13-2: PURPOSE:
For the purposes of this zoning code, the certificate of zoning compliance provides a procedure for the inspection of completed premises to ensure their compliance with this zoning code and approved plans prior to commencement of the use or occupancy of such premises and for ensuring the compliance of any home occupation before it is established or maintained. It is intended that the certificate of zoning compliance be issued in conjunction with a certificate of occupancy pursuant to the Lake Zurich building code when such a certificate of occupancy is required thereby. (Ord., 10-2004)
9-13-3: CERTIFICATE REQUIRED:
Unless a certificate of zoning compliance shall have first been obtained certifying compliance with the provisions of this zoning code:
A. No Occupancy Or Use Of Structure: No structure, or addition thereto, constructed, reconstructed, remodeled, altered, or moved after the effective date of this zoning code shall be occupied or used for any purpose; and
B. No Use Or Occupancy Of Vacant Land: No land vacant as of the effective date of this zoning code shall be used or occupied for any purpose, except the raising of crops; and
C. No Change Of Use: Except for changes involving only substitution of occupants in existing dwelling units, no use or occupancy of any land or structure shall be changed to any other use or occupancy, whether or not construction, remodeling, alteration, or moving is involved; and
D. No Home Occupation: No home occupation shall be established or maintained. (Ord., 10-2004)
9-13-4: PROCEDURE:
A. Application: Applications for certificates of zoning compliance shall be filed in accordance with the requirements of section 9-14-1 of this title.
In any case where the structure or use involved has been constructed or established pursuant to any approval granted pursuant to this zoning code, the application shall be accompanied by "as built" plans depicting the structure or use as built and bearing the certificate of a surveyor, engineer, architect, land planner, or owner-designer, as may be appropriate, certifying that the structure or use as built conforms in all respects to the approval granted.
B. Action On Application: Within ten (10) days after the receipt of a completed application, the village manager shall cause the subject structure or premises to be inspected and shall take one of the following actions based on such inspection:
1. Work Complete And Proper: If all work has been completed and the structure and use thereof are in full and complete compliance with all applicable provisions of this zoning code, 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 zoning code, then the village manager shall issue a certificate of zoning compliance.
2. Work Incomplete Or Noncompliance: If, however, all work is not complete or is in any manner not in full compliance with all applicable requirements, then the village manager shall deny the application and shall inform the applicant in writing of the specific deficiencies on which such 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.
C. Contents Of Certificate: In addition to the matters required to be contained in a certificate of zoning compliance pursuant to other applicable provisions of the Lake Zurich municipal code, each certificate of zoning compliance issued pursuant to this section shall state the specific use of the subject property for which it is issued, shall identify the specific plans, if any, pursuant to which it is issued, and shall set forth any conditions imposed in connection with any approval granted pursuant to this zoning code. (Ord., 10-2004)
9-13-5: TEMPORARY CERTIFICATE OF ZONING COMPLIANCE:
Notwithstanding the provisions of subsection 9-13-4B of this chapter, when construction, reconstruction, remodeling, or alteration of a structure does not require the vacating of the structure, or when 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 zoning code, 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 zoning code with respect to such structure or its premises, a temporary certificate of zoning compliance may be issued for a period not to exceed six (6) months from its date, which temporary certificate shall bear on its face, in bold type, a statement of its temporary nature; provided, however, that no such temporary certificate shall be issued pursuant to this zoning code unless said structure also qualifies for a temporary certificate of occupancy issued pursuant to the Lake Zurich building code. (Ord., 10-2004)
9-13-6: CERTIFICATE OF ZONING COMPLIANCE FOR EXISTING USES:
The village manager may issue a certificate of zoning compliance 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 chapter with respect to new structures and uses. Such certificate of zoning compliance shall 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 zoning code are changed. (Ord., 10-2004)
9-13-7: VOID CERTIFICATES:
Any certificate of zoning compliance issued in violation of the provisions of this zoning code, whether intentionally, negligently, or innocently, shall be void ab initio, and shall give rise to no rights whatsoever. (Ord., 10-2004)