1135.04 CERTIFICATE OF OCCUPANCY.
(a) Required for All New and Altered Buildings and Land Uses. No owner, lessee, tenant or person shall occupy, use or permit the use of any structure, building or part thereof, hereafter created, erected, changed, converted, or enlarged, wholly or partly, or of any land when no building or structure are involved until a Certificate of Occupancy shall have been issued by the Building Inspector, after inspection. Such Certificate of Occupancy shall show and certify that such building, structure or premises, or part thereof, and the proposed use thereof are in conformity with the provisions of the Zoning Ordinance, the Building Code and all other applicable codes or ordinances and all conditions and requirements, if any, stipulated by the Board of Appeals or other proper authority. The requirement of a Certificate of Occupancy under this section shall be in addition to any other requirements of the Zoning Ordinance including but not limited to a zoning certificate under Section 1135.03.
(b) New Buildings and Alterations. A Certificate of Occupancy for a building hereafter erected, constructed, reconstructed, converted or otherwise altered, shall be applied for coincident with the application for a building permit, and shall be issued within seven days, not including Saturdays, Sundays, or holidays, after the erection or alteration of such building has been completed in conformity with the provisions of the Zoning Ordinance.
If such certificate has not been issued within seven working days or written notice given as to why not issued, then all things shall stand as if the certificate were issued. It shall be the obligation of the owner to notify the Building Inspector,in writing, when the building is ready for occupancy. All final inspections shall be approved before an occupancy certificate can be requested.
(c) Changes in Use of Buildings or Land. A Certificate of Occupancy for a change in the use of a building or land shall be applied for before any such building or land is occupied or used, and a Certificate of Occupancy shall be issued within seven days, not including Saturdays, Sundays or holidays, after application has been made, provided such use is in conformity with all the provisions of the Zoning Ordinance.
(d) Records and Copies. A record of all Certificates of Occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the land or a building affected.
(e) Nonconforming Use.
(1) A Certificate of Occupancy shall be required for each nonconforming use existing at the time of passage of the Zoning Ordinance or which may be created through any amendment thereto. Application for such Certificate of Occupancy for a nonconforming use shall be filed with the Building Inspector by the owner or lessee of the building or premises occupied by such nonconforming use within one year from the date such use becomes nonconforming through the enactment of any amendment thereto.
(2) The Building Inspector shall notify all persons having a nonconforming use of their property at the time of passage of the Zoning Ordinance. If the person(s) are not notified in writing within one year from the date of passage of the Zoning Ordinance, then this section does not apply and the nonconformance may continue. It shall be the responsibility of the property owner to prove he had a nonconforming use at the time of passage of the Zoning Ordinance. (Ord. 94-84. Passed 7-9-84.)