A. Authority: The zoning administrator shall have the authority to issue certificates of occupancy; provided, however, that no such certificate shall be issued except in accordance with the provisions of this section and the provisions of the village building code.
B. Purposes: For the purposes of this title, the certificate of occupancy provides a procedure for the inspection of the completed premises to ensure compliance with this title and approved plans prior to commencement of the use or occupancy of such premises.
C. Certificate Required; Change Of Use:
1. Unless a certificate of occupancy shall have first been obtained certifying compliance with the provisions of this title:
a. No structure, or addition thereto, constructed, reconstructed, remodeled, altered, or moved after the effective date of this title shall be occupied or used for any purpose.
b. No land, vacant as of the effective date of this title, shall be used or occupied for any purpose.
c. Except for changes involving only substitution of occupants in existing dwellings units, no use or occupancy of any land or structure shall be changed to any other use or occupancy, whether or not construction, remodeling, alteration, or moving is involved.
2. Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building, except as may be necessary to ensure for and to promote the health, safety, and welfare of the village.
D. Application For Certificate; Fee:
1. Application for a certificate of occupancy shall be made concurrently with any application filed under this title and shall be processed at such time as the applicant notifies the zoning administrator in writing that the subject structure or use is ready for a certificate of occupancy.
2. An application for a certificate of occupancy shall be accompanied by as built plans depicting the structure or use built and bearing the certificate of a surveyor, engineer, architect, land planner, or owner-designer, as may be appropriate, certifying that the structure or use conforms in all respects to the approval granted.
3. Within ten (10) days following receipt of a completed application, the zoning administrator shall cause the subject structure or use to be inspected and shall take the following actions based upon such inspection:
a. If all work has been completed and the structure and use thereof are in full and complete compliance with all applicable provisions of this title, other relevant codes and ordinances of the village, the applicant's plans as approved and any conditions attached to any approval issued pursuant to this title, the zoning administrator shall issue a certificate of occupancy; or
b. If, however, all work is not complete or is in any manner not in full compliance with all applicable requirements, the zoning administrator shall deny the application and shall inform the applicant in writing of the specific deficiencies on which such denial is based, citing the particular provisions of the applicable codes and ordinances of the village, the particular items in the applicant's plans or the applicable special approval conditions with respect to which compliance is lacking.
4. A fee shall be charged for each original certificate, and for each copy thereof provided by section 12-3-5 of this chapter.
E. Contents Of Certificate Of Occupancy: Each certificate of occupancy issued pursuant to this section shall state the specific use of the subject property for which it is issued; shall identify the specific plans submitted with the application for the certificate of occupancy; and shall set forth any conditions imposed in connection with the approval.
F. Filing Of Certificates Of Occupancy: Every certificate of occupancy issued pursuant to this section shall be kept on file with the zoning administrator and shall be a public record open to inspection in accordance with the provisions of the Illinois freedom of information act 1 .
G. Temporary Permit Pending Certificate Issuance: A temporary permit may be issued to be valid for a period not to exceed six (6) months from its date, during the completion of any building, structure, or land improvement, or during partial occupancy thereof. Application for a temporary permit shall be accompanied by a statement covering the items of work to be completed and the reasons the temporary permit is requested.
H. Certificate Of Occupancy For Existing Uses: The zoning administrator 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 this section with respect to new structures and uses. Such certificates shall be prima facie evidence of the facts contained in it with respect to any structure or use as of the date of its issue and remain effective for that purpose for so long as neither the use or the structure nor the applicable provisions of this title are changed.
I. Certificate Of Occupancy For Legal Nonconformities: The zoning administrator may issue a certificate of occupancy certifying the lawful existence and use of any nonconforming use, structure, or lot in the same manner, and subject to the same standards and limitations, as authorized by this section with respect to new structures and uses and subject also to the provisions of this title regarding nonconformities. (2005 Zoning Code)
Notes
| 1 | 1. 5 ILCS 140/1 et seq. |