It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof, hereafter created, changed, converted or enlarged, wholly or partly, until a certificate of occupancy shall have been issued by the City Inspector/Zoning Administrator. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this appendix. It shall be the duty of the City Inspector/Zoning Administrator to sign a certificate of occupancy provided that he has checked and is satisfied that the building and the proposed use thereof conform with all the requirements of this appendix and the Building Code.
A. Certificate of occupancy for existing building: upon written request from the fee owner, the City Inspector/Zoning Administrator shall issue a certificate of occupancy for any building or premises existing at the time of enactment of this appendix, certifying, after inspection, the extent and kind of use made of the building or land, and whether such use conforms with the provisions of this appendix.
B. Certificate of occupancy for lawful nonconforming uses and structures:
1. A certificate of occupancy shall be required of all lawful nonconforming uses of land or buildings created by this appendix. A fee as provided for in § 19.0 of this appendix shall be charged for the certificate.
2. Applications for such certificates of occupancy for nonconforming uses of land and buildings shall be filed with the City Inspector/Zoning Administrator by the owner or lessee of the land or building occupied by such nonconforming uses within six consecutive calendar months of the effective date of this appendix. Failure to apply for such certificate of occupancy will place upon the owner and lessee the entire burden of proof that such use of land or buildings lawfully existed on the effective date of this appendix.
3. It shall be the duty of the City Inspector/Zoning Administrator to issue a certificate of occupancy for lawful nonconforming uses upon application and such certificate shall identify the extent to which the nonconforming use exists at the time of issuance of such certificate.
C. Denial of certificate of occupancy: Except as herein stated, a certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this appendix and to the plans for which the building permit was issued.
D. Certificate of occupancy records: A record of all certificates of occupancy shall be kept on file in the office of the City Inspector/Zoning Administrator, except that certificates of occupancy for lawful nonconforming uses shall be kept on file in the office of the City Inspector/Zoning Administrator, and copies shall be furnished, on request, to any person having a proprietary building affected by such certificate of occupancy.
(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10