§ 1135.07 CERTIFICATE OF OCCUPANCY.
   A certificate of occupancy shall be issued by the Planning and Zoning Administrator or his contract designee, for buildings erected or structurally altered and land initially occupied or changed in use. Such certificate shall state that the building and proposed use(s) complies with the provisions of these Codified Ordinances.
   (a)   Application Required. Application for a certificate of occupancy shall be made to the Planning and Zoning Administrator on forms provided.
   (b)   Non-Residential and Multi-Family Residential Development Certificate of Occupancy Issuance for Buildings Erected or Structurally Altered and Land Initially Occupied.
      (1)   Upon determination that the building, property, and affected properties comply with all approved plans and provisions of these Codified Ordinances, a certificate of occupancy shall be issued. A certificate of occupancy shall require the signature of the Planning and Zoning Administrator.
      (2)   Where weather related circumstances warrant, a temporary certificate of occupancy may be issued with the condition that unfinished weather related/seasonal improvement, such as landscaping, shall be completed. A temporary certificate of occupancy with such a condition shall be issued for a period of no more than six months, during which period any remaining work shall be completed. A temporary certificate of occupancy shall require the signature of the Zoning Administrator and shall require the receipt of a bond equal to twice the cost of the remaining improvements plus a fee as stipulated by the adopted development fee schedule. Upon completion of all necessary improvements, a certificate of occupancy shall be issued as previously indicated in division (b) of this section.
   (c)   Single Family Residential and Multi-Family Residential Unit Certificate of Occupancy Issuance for Buildings Erected or Structurally Altered and Land Initially Occupied.
      (1)   Upon determination that the building, property, and affected properties comply with all approved plans and provisions of these Codified Ordinances, a certificate of occupancy shall be issued. A certificate of occupancy shall require the signatures of the Residential Building Official and Planning and Zoning Administrator.
      (2)   Where weather related circumstances warrant, a temporary certificate of occupancy may be issued with the condition that unfinished weather related/seasonal improvements, such as landscaping, shall be completed. A temporary certificate of occupancy with such a condition shall be issued for a period of no more than six months, during which period any remaining work shall be completed, and shall require the receipt of a fee as stipulated by the adopted development fee schedule. Upon completion of all necessary improvements, a certificate of occupancy shall be issued as previously indicated in division (c) of this section.
   (d)   Change of Use Certificate of Occupancy. Upon determination that a use complies with all approved plans and provisions of these Codified Ordinances, a certificate of occupancy shall be issued. A certificate of occupancy shall require the signature of the Planning and Zoning Administrator.
   (e)   Occupying Without a Certificate of Occupancy. Any person, firm or corporation who occupies or permits to be occupied, or who sells, leases, or rents a house, building, building unit or structure for which a certificate of occupancy has not been issued, or in the case of alterations, additions or repairs, whoever occupies, or permits to be occupied or utilized or sells, leases or rents that portion of the house, building, building unit or structure added, altered or repaired for which an occupancy permit has not been issued, shall be guilty of violating this chapter and shall be subject to the penalties provided herein.
   (f)   For all building construction projects, the top of foundation shall be between six and 12 inches above the approved grading plan and the following shall be submitted and approved before occupancy is granted:
      (1)   Verification by a registered surveyor of footer location and elevation at the time of footer inspection and verifying the distance from the property line if less than six feet.
      (2)   Verification by a registered surveyor of top of block elevation at the time of foundation inspection and prior to backfill.
      (3)   Verification by a registered surveyor that the finished grade is in conformance with the approved grading plan before sod is laid. An as-built survey must be provided to the Zoning Administrator before the certificate of occupancy can be issued.
   (g)   Application After Effective Date. This section shall apply to all uses established and/or structures erected or altered after the effective date of this Code.
(Ord. 2020-10, passed 6-15-2020)