The Land Use Administrator or his duly authorized delegate shall have authority to issue certificates of land use compliance, but only in accordance with the provisions of this article.
The certificate of land use compliance is intended to serve two general purposes. It provides a procedure for reviewing plans for compliance with this chapter and a means for evidencing such compliance, Further, it serves as an adjunct to and thus must be filed prior to or with all other applications filed pursuant to this chapter with respect to a specific use or development proposal, When so filed, it serves as a vehicle for routine plan review by the Land Use Administrator prior to consideration of special requests by other officers, boards and commissions, thus avoiding needless special reviews of defective plans.
A. 
Unless a certificate of land use compliance shall have first been obtained from the Land Use Administrator:
(1) 
The construction, reconstruction, remodeling, alteration or moving of any structure shall not be commenced.
(2) 
No land vacant on the effective date of this chapter shall be used or occupied for any purpose, except the raising of crops.
(3) 
The improvement of land preliminary to any use of such land shall not be commenced.
(4) 
Building or other permits pertaining to the construction, reconstruction, remodeling, alteration or moving of any structure or the use of any land or structure shall not be issued by any official, officer, employee, department, bureau, board, commission or agency of the City of Atlantic City.
(5) 
No use or occupancy of any land or structure shall be changed to any other use or occupancy, whether or not construction, reconstruction, remodeling, alteration or moving is involved.
(6) 
No home occupation shall be established.
(7) 
No group family household shall be established.
(8) 
In any case where site plan/subdivision plat approval is required pursuant to § 163-81 of this chapter, no sale, transfer or agreement to sell or transfer land subject to such requirement shall be made except pursuant to an agreement expressly conditioned upon final site plan/subdivision plat approval.
(9) 
No certificate of occupancy may be issued with respect to any building or other enclosure which is boarded up in whole or in part where the boards are uncut to fit the openings, unpainted (or covered with exterior weathertight material) and do not comply with established and industry-approved design standards. Such boarding must be removed in its entirety prior to the issuance of a certificate of occupancy.
[Added 4-11-2012 by Ord. No. 2-2012]
B. 
Any certificate of land use compliance issued in conflict with the provisions of this chapter shall be null and void.
C. 
In any case where a certificate of land use compliance is not required under this chapter, the Land Use Administrator shall, on written request, issue his certificate of such fact.
[1]
Editor's Note: Former § 163-210, Disposition of application for certificate of land use compliance required prior to consideration of application for special approval or relief, was repealed 6-15-1988 by Ord. no. 1-1988.
A. 
Application.
(1) 
Applications for certificates of land use compliance shall be submitted to the Land Use Administrator in such number of copies as he may from time to time require. A nonrefundable application fee, as established pursuant to Part 1, Article III, of this chapter, to help defray administrative costs shall accompany each application. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Land Use Administrator, but shall in all instances contain at least the following information or documentation unless any such information or document is expressly waived by the Land Use Administrator as not relevant or necessary to determine that all requirements of this chapter have been met in a particular case:
(a) 
The applicant's name and address and his interest in the subject property.
(b) 
The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.
(c) 
The names and addresses of all professional consultants advising the applicant with respect to the proposed development.
(d) 
The street address and legal description of the subject property.
(e) 
A plat of the subject property, drawn to scale, showing the actual dimensions of the property according to the recorded plat of such property.
(f) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(1)(f) and (g), regarding approval of previous subdivision plats, were both repealed 6-15-1988 by Ord. No. 1-1988.
(g) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(1)(f) and (g), regarding approval of previous subdivision plats, were both repealed 6-15-1988 by Ord. No. 1-1988.
(h) 
A statement of whether or not the applicant asserts that the proposed use or development of the subject property, if any, is exempt from the requirements for site plan/subdivision plat approval imposed by § 163-81 of this chapter and, if such an exemption is claimed, the basis asserted therefor.
(i) 
The zoning classification and present use of the subject property.
(j) 
The proposed use or uses of the subject property and a brief description of the construction, reconstruction, remodeling, alteration, moving or subdivision, if any, requiring the issuance of a certificate of land use compliance.
(k) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection A(1)(k), regarding certificates of compliance, was repealed 6-15-1988 by Ord. No. 1-1988.
(l) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection A(1)(l), regarding site plan/subdivision approval, was repealed 6-15-1988 by Ord. No. 1-1988.
(m) 
Where site plan/subdivision plat approval is not required, a schematic drawing or drawings, at a scale of not more than 100 feet to the inch, on one or more sheets, illustrating the proposed construction, reconstruction, remodeling, alteration or moving and including the following:
[1] 
Property boundary lines and dimensions of the property and any significant topographic or physical features of the property.
[2] 
The location, size, use and arrangement of proposed buildings and existing buildings which will remain, if any, including outside dimensions and height in stories and feet; where relevant, floor area ratio, total floor area and total square feet and percent of ground area coverage; and the number and size of dwelling units, rooming units and individual commercial resort or industrial units.
[3] 
Minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure.
[4] 
The location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles; total lot coverage of all parking, loading, driveway and aisle areas; and, where more than 10 parking and loading spaces are required, the location of area for snow storage or indication of an alternative disposal method.
[5] 
The location, size, arrangement and sketch showing content and layout of all outdoor signs.
[6] 
The location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening.
[7] 
The location, designation and total area of all usable open space.
[8] 
Any information necessary to show compliance with any conditions imposed by any special approval granted pursuant to this chapter.
[9] 
Any other information that may be required to be shown on such drawing or drawings by the Land Use Administrator to determine that the application is in compliance with this chapter.
(n) 
In the case of any application for a certificate of land use compliance for property located in any district for which this chapter establishes use limitations, affidavits, documents, resolution of approval by the City Council for temporary uses pursuant to § 163-69D(3), studies or other evidence to establish that there will be compliance with each such use limitation applicable to the proposed use in the district in question.
[Amended 6-19-1985 by Ord. No. 40-1985]
(o) 
Such other and further information or documentation as the Land Use Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.[5]
[5]
Editor's Note: Former Subsection A(2), regarding duplicative information, which immediately followed, was repealed 6-15-1988 by Ord. No. 1-1988.
B. 
Action on application.
(1) 
Within 15 days following receipt of a completed application for a certificate of land use compliance, the Land Use Administrator shall cause the application and related submissions to be reviewed for compliance with this chapter and shall inform the applicant whether the application has been granted, has been denied or will require site plan/subdivision plat approval or other extended review pursuant to the provisions of this chapter.
(2) 
In any case where an application is granted, the Land Use Administrator shall issue a certificate of land use Compliance, which shall, either directly or by incorporation of explicitly identified plans and documents, describe the proposed construction, reconstruction, remodeling, alteration, moving or subdivision to which the certificate applies and shall certify the compliance of such construction, reconstruction, remodeling, alteration, moving or subdivision with all or stated provisions of this chapter.
[Amended 6-15-1988 by Ord. No. 1-1988]
(3) 
Every certificate issued shall state on its face, in bold type, that:
"THIS CERTIFICATE IS SUBJECT TO CHANGES IN THE ATLANTIC CITY LAND USE ORDINANCE AS PROVIDED IN CHAPTER 163, § 163-213, OF THE CODE OF THE CITY OF ATLANTIC CITY.
"THIS CERTIFICATE DOES NOT SIGNIFY BUILDING ORDINANCE REVIEW OR APPROVAL AND IS NOT AUTHORIZATION TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE EITHER IS REQUIRED. [SEE THE ATLANTIC CITY BUILDING ORDINANCE FOR DETAILS.]
"BEFORE ANY STRUCTURE TO WHICH THIS CERTIFICATE IS APPLICABLE MAY BE OCCUPIED OR USED FOR ANY PURPOSE, A CERTIFICATE OF OCCUPANCY MUST BE OBTAINED. [SEE PART 6, ARTICLE XXXVII, OF THE ATLANTIC CITY LAND USE ORDINANCE AND SECTION _____ OF THE ATLANTIC CITY BUILDING ORDINANCE FOR DETAILS."
(4) 
Denial of application.
(a) 
In any case where an application is denied, the Land Use Administrator shall state the specific reasons therefor and shall cite the specific provisions of this chapter upon which such denial is based.
[Amended 6-15-1988 by Ord. No. 1-1988]
(b) 
If relief from such denial would be available by any special approval procedure available under this chapter, the Land Use Administrator shall so state and shall also inform the applicant of his appeal rights under this chapter.[6]
[6]
Editor's Note: Former Subsection B(5), which dealt with review of applications and submissions by other City officials and agencies and which immediately followed this subsection, was repealed 6-15-1988 by Ord. No. 1-1988.
C. 
Filing of certificates. A duplicate copy of every certificate issued or denied pursuant to this section, numbered consecutively and showing the fee charged therefor, together with such portions of the application as the Land Use Administrator may consider necessary for the proper administration of this chapter, shall be kept on file at the Office of Land Administration and shall be a public record, open to inspection by interested parties at reasonable times and upon reasonable notice.
The issuance of a certificate of land use compliance shall not authorize the establishment or extension of any use nor the development, construction, relocation, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any additional permits and approvals which may be required by the codes and ordinances of the City or other governmental agency, including but not limited to a building permit, a certificate of occupancy and any special permits or approvals required pursuant to the provisions of this chapter. Where the certificate relates to specific plans or is limited to a certification of compliance with specified provisions of this chapter, it shall not be construed to certify compliance as to any matter not shown on such plans or to any provision other than those specified.
Except to the extent that this chapter provides that the granting of site plan/subdivision plat approvals confers specified rights on the applicant which are irrevocable for specified periods of time, the issuance of a certificate of land use compliance pursuant to this section shall not limit the right of the City to change the provisions of this chapter in a manner considered appropriate by it, and upon the effective date of any such change which is inconsistent with any certification contained in any such certificate, such certificate shall, to the extent of such inconsistency, be null, void and of no effect.
The Construction Official or his duly authorized delegate shall have authority to issue certificates of occupancy; provided, however, that no such certificate shall be issued except in accordance with the provisions of this article and the Atlantic City Building Ordinance.[1]
[1]
Editor's Note: See Ch. 111, Construction Codes, Uniform.
For the purposes of this chapter, the certificate of occupancy provides a procedure for the inspection of completed premises to ensure their compliance with this chapter and approved plans prior to commencement of the use or occupancy.
Unless a certificate of occupancy shall have first been obtained certifying compliance with the provisions of this chapter:
A. 
No structure or addition thereto constructed, reconstructed, remodeled, altered or moved after the effective date of this chapter shall be occupied or used for any purpose.
B. 
No land vacant on the effective date of this chapter shall be used or occupied for any purpose, except the raising of crops.
C. 
No use or occupancy of any land or structure shall be changed to any other use or occupancy, except the raising of crops, whether or not construction, reconstruction, remodeling, alteration or moving is involved.
D. 
No home occupation shall be established.
E. 
No group family household shall be established.
A. 
Application.
(1) 
Where no certificate of land use compliance is required, applications for certificates of occupancy shall be submitted to the Building Official in the same form as required by § 163-211A of this chapter, except to the extent that requirements of said section are expressly waived by the Building Official as not relevant or necessary to determine that all requirements of this chapter have been met in a particular case.
(2) 
Where a certificate of land use compliance has been issued, application for a certificate of occupancy shall be made by written notification to the Building Official that the structure or premises is ready for use and occupancy.
[Amended 6-15-1988 by Ord. No. 1-1988]
(3) 
In all cases involving any construction, reconstruction, remodeling, alteration or moving of any building or structure, the application shall be accompanied by as-built plans certified by a surveyor, engineer, architect, land planner or owner-designer, as may be appropriate, to accurately depict the structure or use as built and certified to be in conformity in all respects with the provisions of this chapter and the terms and conditions of any special approvals granted pursuant to it. The application for a certificate of occupancy shall be accompanied by documentation required by § 146-14 of the City Code regarding underground storage tanks.
[Amended 4-11-2012 by Ord. No. 25-2012]
B. 
Action on application. Within 30 days following the receipt of a completed application, the Building Official shall cause the subject structure or premises to be inspected and shall take one of the following actions based on such inspection:
[Amended 6-15-1988 by Ord. No. 1-1988]
(1) 
If all work has been completed and the structure or premises is certified by the inspecting officer to be in full and complete compliance with all the applicable provisions of this chapter and other relevant codes and ordinances of the City and with the applicant's plans, as approved, and with the terms and conditions of any special approval issued with respect to such structure, premises or use, the Building Official shall issue a certificate of occupancy.
(2) 
Otherwise, he shall inform the applicant, in writing, of the specific reasons why such certificate cannot be issued, citing the particular provisions of the codes and ordinances of the City, the particular items in the applicant's plans or the applicable special approval terms and conditions with respect to which compliance is lacking.
The Building Official shall, on a daily basis, forward copies of all newly filed applications for certificates of occupancy to the Land Use Administrator. Should the Land Use Administrator, upon review of any such application, observe any problem, deficiency or special circumstances arising out of or relating to the provisions of this chapter or any special approval issued pursuant to it which requires attention prior to the issuance of a certificate of occupancy, he shall immediately notify the Building Official thereof. Should, during the course of the processing of any such application by the Building Official, any question arise concerning the full and complete compliance of the structure, premises or use with the provisions of this chapter or any approval issued pursuant to it, the Building Official shall promptly refer such question to the Land Use Administrator for his review and determination. Upon taking any final action upon any application for a certificate of occupancy, the Building Official shall immediately inform the Land Use Administrator thereof.
In addition to the matters specified in the Atlantic City Building Ordinance,[1] each certificate issued pursuant to this section shall state any conditions imposed by any special approval granted pursuant to this chapter.
[1]
Editor's Note: See Ch. 111, Construction Codes, Uniform.
Notwithstanding the provisions of § 163-217B of this chapter, 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 chapter, other relevant codes and ordinances of the City, the applicant's plans, as approved, and the terms and conditions of any special approvals issued with respect to such structure, premises or use, a temporary certificate of occupancy may be issued for a period not to exceed six months from its date, which temporary certificate shall bear on its face, in bold type, a statement of its temporary nature.
The Building Official 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 §§ 163-217 through 163-222 with respect to new structures and uses. Such certificate shall be prima facie evidence of the facts contained in it with respect to any structure or use.
[Amended 6-15-1988 by Ord. No. 1-1988]
Duplicate copies of every certificate issued pursuant to §§ 163-217 through 163-222, numbered consecutively, shall be kept on file in the office of the Building Official, together with such portions of the application therefor as said Official may consider necessary to the proper administration of his duties, and shall be a public record, open to inspection by interested parties at reasonable times and upon reasonable notice.