§ 12.12  CERTIFICATES OF OCCUPANCY.
   12.12.01   Applicability.  No land is to be used and no building or part thereof may be occupied, converted, enlarged, or structurally altered, wholly or partly, without a certificate of occupancy, which must be part of the building permit issued by the Building Inspector. No certificate of occupancy will be issued except upon a determination by the Building Inspector that the land or building, or part(s) thereof and the proposed use(s) therein, are conform with the provisions of this zoning ordinance.
   12.12.02   Application.
   (A)   An application for a certificate of occupancy must be filed by the property owner, property owner's authorized agent, or lessee of the subject property.
   (B)   Applications must be filed with the Building Inspector.
   (C)   Contents. All applications for certificates of occupancy must be accompanied by:
      (1)   A complete application form provided by the Building Inspector.
      (2)   An approved zoning permit.
      (3)   An approved building permit, if required by this zoning ordinance.
      (4)   The required fee for a certificate of occupancy.
      (5)   Plans in duplicate approved by the Building Inspector and including any additional information required by the Building Code and Building Inspector, as may be necessary to determine conformance with and provide for the enforcement of the Building Code and the Kentucky Revised Statutes.
   12.12.03   Building Inspector Action.
   (A)   Issuance of Certificates of Occupancy.
      (1)   The Building Inspector must either approve or disapprove the application for a certificate of occupancy.  If disapproved, one copy of the submitted application must be returned to the applicant marked "disapproved," with a description of the reasons for such disapproval. The other copy, similarly marked, must be retained by the Building Inspector.
      (2)   If approved, one copy of the application must be returned to the applicant marked "approved". The other copy, similarly marked must be retained by the Building Inspector.  Once approved, the Building Inspector must issue a certificate of occupancy to the applicant.  The certificate must be attested by the Building Inspector's signature. The second copy, similarly marked, must be retained by the Building Inspector.
      (3)   A certificate of occupancy may not be issued unless the proposed use of a building or land conforms to the applicable provisions of this zoning ordinance and to plans for which the building permit is issued, if applicable.
   (B)   Certificates of Occupancy for Existing Uses.
      (1)   A certificate of occupancy is required for all uses of land or buildings existing at the time of enactment of this ordinance, which have not previously been issued a certificate of occupancy.
      (2)   Applications for certificates of occupancy for existing uses must be filed with the Building Inspector by the owner or lessee of the subject property, the property owner's authorized agent, or lessee of the land or building occupied by the use within six consecutive calendar months of the effective date of this zoning ordinance.
      (3)   For existing uses that conform with the provisions of this ordinance, the Building Inspector must issue a certificate of occupancy for any land or building existing at the time of enactment of this zoning ordinance, certifying, after inspection, the extent and type of use of the land or building.
   (C)   Certificates of Occupancy for Lawful Nonconforming Uses.
      (1)   A certificate of occupancy is required for all lawful nonconforming uses of land or buildings created by this ordinance.
      (2)   Applications for certificates of occupancy for lawful nonconforming uses of land and buildings must be filed with the Building Inspector by the owner of the subject property, the property owner's authorized agent, or lessee of the of the land or building occupied by the use within six consecutive calendar months of the effective date of this zoning ordinance.
      (3)   For lawful nonconforming uses, the Building Inspector must issue a certificate of occupancy on application and such certificate must identify the extent to which the nonconforming use exists at the time of issuance of the certificate.
   (D)   Compliance.  It is unlawful to issue a certificate of occupancy or building permit to build, create, erect, change, alter, convert, or occupy any building or structure hereafter, unless a zoning permit has been issued in compliance with this zoning ordinance.
   12.12.04   Expiration of Certificate of Occupancy.  If land or a building for which a certificate of occupancy has been issued is not occupied within six months of the date of issuance of the certificate of occupancy, it will expire and be of no further effect. Once a certificate of occupancy expires, the land or building may not be occupied until a new certificate of occupancy has been obtained.
(Ord. O-37-06, passed 8-15-06)