§ 153.121  CERTIFICATES OF OCCUPANCY.
   (A)   When certificates required.  Certificates of occupancy shall be required for any of the following:
      (1)   Occupancy and use of a building hereafter erected or structurally altered.
      (2)   Change in use of an existing building to a use of a different classification.
      (3)   Occupancy and use of vacant land.
      (4)   Change in the use of land to a use of a different classification.
      (5)   Any change in the use of a nonconforming use.  No such occupancy, use or change of use, shall take place until a certificate of occupancy therefor shall have been issued by the Building Inspector.
(1963 Code, § 10-17-1)
   (B)   Certificate for a building.  A certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit and said certificate shall be issued within 3 days after the request for same shall have been made in writing to the Building Inspector after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations.  Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building Inspector for a period not exceeding 6 months, during the completion of alterations or during partial occupancy of a building pending its completion.  Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this title, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
(1963 Code, § 10-17-2)
   (C)   Certificate for land.  Certificates of occupancy for the use of vacant land or the change in the character of the use of land as herein provided, shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within 3 days after the application has been made; provided, such use is in conformity with the provisions of these regulations.
(1963 Code, § 10-17-3)
   (D)   Record of certificates.
      (1)   A certificate of occupancy shall state that the building or proposed use of a building or land complies with the provisions of these regulations.  A record of all certificates 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 building affected.
      (2)   No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy.
(1963 Code, § 10-17-4)
   (E)   Nonconforming uses.  A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this chapter. Application for such certificate of occupancy for a nonconforming use shall be filed with the Building Inspector by the owner of the building or land occupied by the nonconforming use within 1 year of the effective date of this chapter. It shall be the duty of the Building Inspector to issue a certificate of occupancy for a lawful nonconforming use, but failure to apply for such certificate of occupancy for a nonconforming use, or refusal of the Building Inspector to issue a certificate of occupancy for such nonconforming use shall be evidence that the nonconforming use was either illegal or did not lawfully exist on June 26, 1958.
(1963 Code, § 10-17-5)  (Ord. 590, passed 6-26- 1958)