A. Permits.
1. Permit required. A building permit or other appropriate permit shall be required as follows:
(a) Prior to the erection, alteration, repair, renovation, demolition or removal of any building or structure.
(b) Prior to the installation, extension, or replacement of plumbing, electrical, drainage, or similar utility systems.
(c) Prior to the establishment of a new use, whether the land is currently vacant or if a change in land use is proposed.
(d) Prior to any change in use of an existing building or structure to a different class or type.
2. Definition of alteration and repair. For the purposes of this section, the terms "alteration" and "repaired" shall include any change to the structure, which may include such elements as stairway, type of construction, type, class or kind of occupancy, light or ventilation, means of ingress and egress, or other changes affecting or regulated by the adopted City Building Code and any amendments thereof, the Housing Law of Michigan (Public Act 167 of 1917, as amended), these regulations or other applicable regulations of the City.
3. Application requirements. No permit shall be issued for construction, alteration, or remodeling of any building or structure until an application has been submitted, showing that the proposed improvements conform with the provisions of these regulations and with the City Building Code.
Applications for permits required by this Section shall be filed with the building official on forms prescribed by that official. Each application shall be accompanied by a written explanation of the proposed improvements, and, if applicable, a plan of the site drawn to scale. Submitted plans shall be of sufficient detail for the Official to determine whether the proposed improvements conform with these regulations, the Building Code, the State Construction Code Act (Michigan Public Act 230 of 1972, as amended), and other applicable local and federal laws and ordinances.
A site plan submitted and approved by the plan commission in accordance with these regulations shall satisfy the requirements of this section. At a minimum, the applicant must supply the following information:
(a) The location, dimensions and parcel identification Sidwell number of the land parcel.
(b) Existing buildings or structures, plus the shape, size, and location of all buildings or structures to be erected, altered, or moved.
(c) The existing and intended use of the parcel.
(d) On residential parcels, the number of dwelling units contained within each building.
(e) The name and address of all persons having an ownership interest in the premises upon which the improvements are proposed, together with a written statement from all such persons indicating knowledge of and agreement with the proposal.
(f) All information required by the adopted City Building Codes.
(g) Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of these regulations will be complied with.
4. Conformity with applicable Ordinances and approved plans. A building permit shall be issued only if, after thorough inspection of the application materials and plans, the building official finds that the proposal conforms with these regulations, the State Construction Code Act, Michigan Public Act 230 of 1972, as amended, City-adopted codes, and other applicable laws and ordinances, except where the building official receives written notice of a variance having been granted by the zoning board of appeals or building code board of appeals.
A building permit issued on the basis of a site plan approved by the plan commission shall incorporate full compliance with the approved site plan as a condition of the issuance of the permit. Modifications to an approved site plan shall be in compliance with these regulations. Use, layout, or construction at variance with approved plans or application materials shall be deemed in violation of these regulations, and subject to penalties in accordance with Article 32.00.
5. Expiration of permits. A building permit issued pursuant to the provisions of these regulations shall be consistent with the procedures stated within the adopted Building Code of the City. Expiration and notification requirements of the applicable code shall be followed.
6. Inspection of completed work. The holder of any building permit issued pursuant to the requirements in this Section shall notify the Building Official for a required inspection and request a Certificate of Occupancy upon completion of the work authorized by the permit and prior to occupancy.
B. Certificates of Occupancy. A Certificate of Occupancy shall be required prior to occupancy or reoccupancy of any use of land, building or structure. It shall be unlawful for any person, firm or corporation to hereafter occupy or reoccupy or for any owner or agent thereof to permit the occupation or reoccupation of any building or addition hereto, or part thereof, for residential purpose until a Certificate of Occupancy has been issued by the department of building and safety. The following guidelines shall apply to Certificate of Occupancy:
1. General requirements.
(a) Purpose. The purpose of a Certificate of Occupancy is to permit the occupancy or use of land, buildings, or structures. The Certificate of Occupancy can be issued only upon the determination by the city planner and the building official that the site is in compliance with the provisions of these regulations, the requirements of the adopted City building and construction codes, adopted city engineering standards, and that all outstanding City fees or other charges have been paid.
(b) Certificates for new and existing buildings. Certificates of Occupancy shall be issued for new or existing buildings or structures, or parts thereof, or for existing or new uses of land if, after inspection, the building official finds that any alterations, extensions, repairs, or new construction have been completed in conformity with the provisions of these regulations and other regulations of the City, and that provided further that the proposed use is fully in compliance with these regulations. Failure to obtain a Certificate of Occupancy prior to commencing the use of property shall constitute a violation of these regulations, subject to the penalties set forth in Article 32.00.
(c) Temporary Certificates. A Temporary Certificate of Occupancy may be issued by the building official for a portion of a building or structure prior to occupancy of the entire building or structure, provided that such portion of the building, structure, or premises is in conformity with the provisions of these regulations and other applicable regulations of the City, and provided further that no threat to public safety exists. A performance guarantee may be required by an enforcement official in accordance with Section 2.18 as a condition of obtaining a Temporary Certificate. No Temporary Certificate of Occupancy shall be granted for a period in excess of six (6) months on time extensions. The time may be extended with approval of the director of the building and safety department or authorized building official, with such request being received in writing. The date of expiration shall be indicated on the Temporary Certificate; failure to obtain a final Certificate of Occupancy or extension thereof within the specified time shall constitute a violation of these regulations, subject to the penalties set forth in Article 32.00.
(d) Certificates for accessory buildings to dwellings. Buildings and structures that are accessory to a dwelling shall not require a separate Certificate of Occupancy, but may be included in the Certificate of Occupancy for the principal use on the same parcel, provided the accessory buildings or uses are shown on the plot plan and are completed at the same time as the principal use.
2. Period of validity. A final Certificate of Occupancy shall remain in effect for the life of the building or structure, or part thereof, as long as the specific operation conducted within the building or structure or use of the land continues. A Certificate of Occupancy shall be required of any new occupant upon a change in occupancy of the building, structure, or land.
3. Records of Certificates. A record of all Certificates of Occupancy shall be kept in the office of the building official. Copies of such Certificates shall be furnished upon request to a person or persons having a propriety or tenancy interest in the property.
4. Application requirements. An application for a Certificate of Occupancy shall be made on forms supplied by the building official and must be accompanied by the fees specified. A Certificate of Occupancy may be processed concurrently with an application for a building permit, if a building permit is required. The city planner shall determine if a nonresidential occupancy change requires site plan review and approval by the plan commission pursuant to Section 32.02.
5. Issuance of Certificate. The enforcement official shall inspect a building or structure within fifteen (15) working days after notification by an applicant of the completion of a building or structure or other improvements. The building official and city planner shall issue a certificate of occupancy upon finding that the building or structure, or part thereof, or the use of land conforms with an approved site plan and the provisions of these regulations. If the request for a Certificate of Occupancy is denied, the applicant shall be notified in writing of the denial and the reasons for denial.
(Ord. No. 93-553, § 32.07, 2-2-1993; Ord. No. 94-617, 1-3-1995)