§ 155.060  CERTIFICATE OF OCCUPANCY; APPLICATION.
   (A)   Certificate of occupancy required.
      (1)   A certificate of occupancy shall be required for:
         (a)   Occupancy or use of a building constructed, reconstructed, enlarged, moved or structurally altered;
         (b)   A change in the use of any building or structure; and
         (c)   Occupancy or use of land or change in the use of land.
      (2)   No occupancy, use or change of use shall be permitted until a certificate of occupancy has been issued and no certificate shall be issued unless the proposed occupancy or use is in full conformance with the regulations of this chapter.
      (3)   Any person desiring to use or occupy a building, structure or have use of land for which no certificate of occupancy is on file with the Building Commissioner shall make application to the Building Commissioner certifying the purpose for which the building, structure or land shall be occupied or used.
   (B)   Certificate of occupancy application.
      (1)   An application for a certificate of occupancy shall be made in duplicate on a form prescribed by the Plan Commission.
      (2)   The application for a certificate of occupancy is required to include the following:
         (a)   A precise description certifying the occupancy or use to be undertaken in addition to other information as may be necessary to determine compliance with the provisions of this chapter.
         (b)   An as-built topographic survey of the property and all structures by a land surveyor licensed by the State of Indiana, at a scale not more than 1 inch equals 20 feet indicating swales, ditches, flow line, top and toe of slopes and high points. Topographical contours shall be shown at 2-foot intervals except in cases of steep dune topography where 5-foot intervals should be shown, as well as 2 established benchmarks at assumed elevation in cases where sea level elevation is not available. The topographical drawing shall also show:
            1.   The placement and size of all existing trees more than 8 inches in diameter measured 4 feet above ground level;
            2.   Underground utilities on or within 10 feet of the property; and
            3.   The exterior dimensions of the foundation of all structures and their placement on the property including setbacks from the property lines and other structure(s) and the topography upon completion of the building(s) or structure(s) or additions or alterations thereto.
         (c)   The Building Commissioner may waive the requirements for an as-built certified topographical drawing when, in opinion of the Building Commissioner, there are no substantive changes to the site.
      (3)   One copy of the application together with a copy of the certificate issued, if any, shall be retained by the Building Commissioner. The application shall be accompanied by payment of a fee to the Clerk-Treasurer of Beverly Shores pursuant to § 155.065 of this chapter, which payment shall be retained by the town even though the certificate applied for is not granted.
      (4)   Prior to the issuance of a certificate of occupancy for any structure for which a building permit is required, the Building Commissioner is required to review the as-built topographic survey and compare it to the original certified approved plans and approved alterations.
      (5)   If the Building Commissioner determines there are any substantive differences between the as-built topographic survey after construction completion and the original certified approved plans and approved alterations, he or she is required to document those differences in writing and provide a copy to the Plan Commission prior to the issuance of a certificate of occupancy.
      (6)   Differences are subject to Plan Commission review that may require structural removal, fine assessment and/or denial of a certificate of occupancy. Prior to the issuance of a certificate of occupancy for any structure for which a building permit is required, the applicant shall restore any streets that abut the property upon which the improvements were made to a condition at least as good as existed prior to the issuance of the building permit as described in the Street Department inventory.
      (7)   In the event that repairs cannot be completed due to weather conditions, a certificate of occupancy may be issued if the $10,000 bond pursuant to § 155.042 remains in effect and is supplemented by any additional bond necessary to complete the repairs as estimated by a representative of the Street Department and is filed with the Clerk-Treasurer.
      (8)   As specified in § 155.064(E), no certificate of occupancy shall be issued prior to the payment of any outstanding tree removal fines.
(Ord. 208, passed 12-19-1983; Am. Ord. 06-10, passed 12-18-2006; Am. Ord. 09-12, passed 11-16-2009)  Penalty, see § 155.999