§ 26-3.3. Notice of limited allowed use.

(a)

The building official may, in exercising his or her authority to determine the occupancy classification of a structure, the building code requirements applicable thereto and the uses allowed, in accordance with a Residential Accessory Building and Space-Use Matrix approved by the Director of Development Services, recommend the recordation of a notice or deed restriction specifying the allowed limited use of the structure.

(b)

If the building official recommends the recordation of such a notice or deed restriction, the Director of Development Services is authorized to require recordation of a notice or deed restriction specifying the allowed limited use of the structure, as a condition of the issuance of a ministerial building permit for construction or modification of the structure. The notice or deed restriction shall remain in effect until a change in use or character of use has been approved by the building official or a change in law has occurred, either of which change allows the uses otherwise restricted to be conducted. Under either circumstance allowing such change of use, the owner of the property in question shall be entitled to have the notice or deed restriction rescinded, and the Director of Development Services is authorized to sign a rescission of the notice or deed restriction, which rescission shall then be recorded.

(Ord. No. 3876, § 1, 4-13-2005)

Editor's note

Ord. No. 3354, § 5, adopted Sept. 23, 1997, repealed former § 26-3.3 of the Code, which pertained to smoke and heat detectors and derived from Ord. No. 2269, § 6, adopted March 9, 1982.