§ 21.12.020. Application requirements.

A.

Applicability. A use and occupancy permit shall be obtained from the Planning and Zoning Director before any person shall:

1.

Use or occupy, or permit or cause to be used or occupied, any building erected after the effective date of this Zoning Code.

2.

Change the use or permit or cause a change in the use of any existing building or to make any change in a nonconforming use.

3.

Occupy or use any vacant land.

4.

Enlarge any use with respect to the unit of measurement specified in this Zoning Code as the basis for determining the amount of off-street parking, whether the same is specified in terms of floor area, dwelling units, seats or any other element of size or use.

B.

Eligible Applicants. No person may submit an application for a use and occupancy permit if that person or if the owner, occupier or tenant of the subject property shall have been issued any pending, unsatisfied, or unpaid citation for any municipal infraction or misdemeanor provided by the City building laws or Zoning Code or Charter or if any such person shall have not completed any remedial or corrective action ordered by any department of the City charged with the enforcement of said laws. For the purposes of this section, a building and/or Zoning Code citation or order pending before any City board, commission, agency or department or before any court shall be considered pending, unsatisfied, unpaid and not completed.

C.

Affidavit of Eligibility. The applicant shall submit with its application for a use and occupancy permit, an affidavit affirming under penalty of perjury that neither the applicant nor any owner, occupier or tenant of the subject property has been issued any pending, unsatisfied or unpaid citation, and that no such person has failed to complete any remedial or corrective action ordered by a department of the City as described in Subsection B of this section.

D.

Waiver. The Director of Planning and Zoning, in consultation with the City Attorney, may waive the requirements of the Subsections B and C of this section after the Director makes a written determination that for reasons set forth therein, such a waiver is in the best interest of the City and does not imperil or prolong an existing peril to life or property.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-12-16 Amended, § I, 5-23-2016)