A certificate of occupancy shall be required prior to occupancy or re-occupancy of any use of land, building or structure. It shall be unlawful for any person, firm or corporation to hereafter occupy or re- occupy, or for any owner or agent to permit the occupation or re-occupation of any building or addition thereto, or part thereof, for any use until a certificate of occupancy has been issued by the Department of Building and Engineering. The following guidelines shall apply to certificate of occupancy.
(A) General requirements.
(1) 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 Zoning Administrator 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.
(2) 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 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.
(3) Temporary certificates. A temporary certificate of occupancy may be issued by the Building Official, upon approval of the Zoning Administrator, for a portion of a building, structure or premises 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 § 154.036 as a condition of obtaining a temporary certificate. No temporary certificate of occupancy shall be granted for a period in excess of six months. The date of expiration shall be indicated on the temporary certificate; failure to obtain a final certificate of occupancy within the specified time shall constitute a violation of these regulations.
(4) 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.
(B) Period of validity. A final certificate of occupancy shall remain in affect 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.
(C) Records of certificates. A record of all certificates of occupancy shall be kept in the office of the Building Official. Copies of certificates shall be furnished upon request to a person or persons having a propriety or tenancy interest in the property.
(D) 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 Zoning Administrator shall determine if a nonresidential occupancy change requires site plan review and approval by the Planning Commission pursuant to §§ 154.400 through 154.405.
(E) Issuance of certificate. The Enforcement Official shall inspect a building or structure within 15 working days after notification by an applicant of the completion of a building or structure or other improvements. The Building Official and Zoning Administrator 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.
(F) Failure to comply with an issued certificate. Failure to maintain and comply with the specifically permitted use and any associated conditions of an issued certificate of occupancy shall constitute a violation of these regulations and shall revoke the permission to occupy or use the land, buildings and/or structures. Such revocation shall allow the city to require the immediate evacuation from the land, buildings, and structures of all occupants and for all use of the land, buildings and structures to cease and desist once the property owner and/or occupants have received written notice of a failure to comply with the issued certificate of occupancy.
(Ord. 92-005, passed 2-17-92; Am. Ord. 21-004, passed 2-8-21)
Penalty, see § 154.999