(A) No land, building, structure, or part thereof, shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such new use. The following shall apply in the issuance of any certificate.
(1) Certificates not to be issued. No certificates of occupancy shall be issued for any building, structure, or part thereof, or for the use of any land, which is not in accordance with all the provisions of this chapter.
(2) Certificates required. No building, structure, or part thereof, which is hereafter erected or altered shall be occupied or used or the same caused to be done, unless and until a certificate of occupancy shall have been issued for such building, structure, or part thereof.
(3) Certificates including zoning. Certificates of occupancy as required by the building code for new buildings, structures, or part thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this chapter.
(4) Certificates for existing buildings. Certificates of occupancy shall be issued for existing buildings, structures, or part thereof, or existing uses of land, if, after inspection, it is found that such buildings, structures, or part thereof, or such use of land, are in conformity with the provisions of this chapter. Certificates of occupancy may be issued for buildings in B-1, B-2, B-3 and CBD zones existing at the effective date of this chapter which change occupancy and which do not provide sufficient parking as required under § 82-455, provided there is no decrease in the number of spaces existing at the effective date of this chapter.
(5) Temporary certificates. Nothing in this chapter shall prevent the issuance of a temporary certificate of occupancy for a portion of a building or structure in the process of erection or alteration, provided that such temporary certificate shall not be effective for a period of time in excess of 6 months, and provided further that such portion of the building, structure or premises is in conformity with the provisions of this chapter.
(6) Records of certificates. A record of all certificates issued shall be kept on file in the office of the Building Official and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.
(7) Certificates for dwelling accessory buildings. Buildings accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwelling.
(8) Applications for certificates. Application for certificates of occupancy shall he made in writing to the Building Official on forms furnished by the Department, and such certificates shall be issued within 10 days after receipt of such application if it is found that the building, structure, or part thereof, or the use of land, is in accordance with the provisions of this chapter.
(B) If such certificate is refused for cause, the applicant shall be notified in writing of such refusal and cause thereof, within the 10 day period.
(1993 Code, § 82-31) (Ord. passed 10-12-1992)