(a) Certificate of Occupancy Required. After receiving a zoning permit in accordance with Sections 1226.02 and 1226.03, and prior to the occupancy of such building or structure, a certificate of occupancy shall be required to ensure compliance with this Planning and Zoning Code and approved development plan. A certificate of occupancy shall be applied for and issued as follows, except that any use, building or structure for which a zoning permit is not required for its erection or alteration shall not require a certificate of occupancy.
(1) Occupancy of a Building. A certificate of occupancy shall be required before a building that has been constructed, or an existing building that has been altered, moved, changed in use, or changed as to off-street parking or loading requirements may be occupied. A certificate of occupancy shall only be issued after the completion of the erection or alteration of the building or structure, or part thereof, and the proposed use are found upon inspection to be in conformity with the provisions of this Planning and Zoning Code and to the requirements and conditions included in the zoning permit.
(2) Occupancy of Land. A certificate of occupancy shall be required before occupancy of the land or where use of the land has been changed to a use different from the prior use. A certificate of occupancy shall be issued when it is determined, upon inspection, that the use conforms to the provisions of this Planning and Zoning Code and to the requirements and conditions included in the zoning permit.
(3) Change in Use of Nonconforming Building or Use. A certificate of occupancy shall be required whenever a nonconforming use of a building or land is changed, and shall not be issued until the Board of Zoning and Building Appeals has approved the change.
(b) Applications. Applications for a certificate of occupancy are available in the office of the Zoning Enforcement Officer.
(1) Applications shall include accurate information provided by the applicant, regarding the size and location of the lot, dimensions of all yards and open space, the use of land or building operations or processes and other pertinent information as may be requested by the City.
(2) Within three days after notification that a building, structure or premises or part thereof is ready for occupancy or use, the Zoning Enforcement Officer shall make a final inspection thereof and issue a certificate of occupancy if the land, building, structure or part thereof and the proposed use thereof are found to conform with this Planning and Zoning Code.
(3) If such certification is refused, the Zoning Enforcement Officer shall state such refusal in writing, with the cause thereof, and immediately mail notice of such refusal to the applicant at the address indicated in the application.
(c) Certification. The certificate of occupancy shall document that the building, structure or proposed use of land, building or structure conforms to the provisions of this Planning and Zoning Code.
(d) Temporary Certification. A certificate of occupancy shall not be granted until all landscaping and buffering requirements have been completed. If compliance is delayed because of the growing season, a temporary permit to occupy may be granted by the Zoning Enforcement Officer. Such delay should not extend beyond the next growing season following the date upon which the certificate of occupancy is requested.
(Ord. 58-01. Passed 5-29-01.)