No person shall use or permit the use of any land, building or structure for which a building permit is required, or use or permit to be used any building or structure hereafter altered, extended, erected, repaired or moved, until the Enforcement Official shall have issued a certificate of occupancy stating that the provisions of this Zoning Code and the Building and Housing Code have been complied with.
(a) Certificate Validity. The certificate of occupancy as required in the Building and Housing Code for new construction of, or renovations to, existing buildings and structures, shall also constitute certificates of occupancy as required by this Zoning Code.
(b) Certificates for Existing Nonresidential Buildings. Certificates of occupancy shall be issued for existing nonresidential buildings, structures or parts thereof, or existing uses of land, if after inspection it is found that such buildings, structures or parts thereof, or such use of land, is in conformity with the provisions of this Zoning Code.
Where an existing nonresidential building has been occupied without the issuance of a proper certificate of occupancy, the Enforcement Official shall, as soon as possible, issue a temporary certificate of occupancy which shall set forth all of the alterations and changes necessary to bring the structure or use in compliance with the requirements of this Zoning Code and other ordinances of the Village of Franklin. The said date for bringing the structure or use into compliance with the requirements of this Zoning Code shall not be more than six months later than the date of the temporary certificate of occupancy.
If the structure or use cannot be made to conform with the requirements of this Zoning Code and other ordinances of the Village of Franklin, then the structure or use shall be vacated within the six-month period.
(c) Temporary Certificates. Temporary certificates of occupancy may be issued for a part of a building or structure prior to the occupation of the entire building or structure, provided that such temporary certificate of occupancy shall not remain in force more than six months, nor more than five days after the building or structure is fully completed and ready for occupancy and, provided, further, that such portions of the building or structure are in conformity with the provisions of this Zoning Code.
(d) Records of Certificates. A record of all certificates of occupancy shall be kept in the office of the Enforcement Official, and copies of such certificates of occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.
(e) Certificates for Accessory Buildings to Dwellings. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather may be included in the certificate of occupancy for the principal dwelling, building or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.
(f) Application for Certificates. A certificate of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or alteration of such building shall have been completed in conformity with the provisions and requirements of this Zoning Code. If such certificate is refused for cause, the applicant therefor shall be notified of such refusal and the cause thereof within ten days.
(g) Certificates for Nonconforming Buildings and Uses. Reference is made to Section 1264.02 of this Zoning Code.
(Ord. 2000-38. Passed 5-8-00.)