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.
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.
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.
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, each certificate issued pursuant to this section shall
state any conditions imposed by any special approval granted pursuant
to this chapter.
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.