(A) No land shall be occupied or used and no building hereafter erected, reconstructed, or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy has been issued by the Building Commission or its designee stating that the building and use complies with all of the provisions of this chapter applicable to the building or premise or the use in the district in which the property is located.
(B) Upon completion of the improvement covered by the location improvement permit or building permit, the Building Commission or its designee shall have the premise inspected and, if the inspection reveals, that the proposed improvements have been completed in substantial conformity with the development (site) plan, building permit, and any amendments thereto, shall issue a certificate of occupancy.
(C) (1) Pending the issuance of a certificate of occupancy, a temporary certificate of occupancy may be issued for a period not more than 90 days during the construction or alteration of any building or structure when in the determination of the Building Commission that such occupancy will not pose safety or other harm to inhabitants of the building or structure. The temporary permit may only be issued when there is evidence of at least 75% of the work, as measured in relation to the bulk of the structure being constructed or altered, for which the application was made has been completed and where to the satisfaction of the Building Commission reasonable progress has been made and will be continued toward completion of the construction or alteration in accordance with the terms of the location improvement or building permit. The Building Commission may give one renewal for a period not to exceed 90 days. Additional extensions beyond one renewal shall only be granted by the Board of Zoning Appeals based on evidence of a unique hardship or extenuating circumstance that has delayed the construction progress beyond the control of the property owner or general contractor.
(2) Such temporary certificate of occupancy shall not be construed in any way to alter the respective rights, duties or obligations of the applicant or of the town relating to the use or occupancy of the land or building under the terms of this chapter and such temporary certificate of occupancy shall not be issued except under such restrictions and provisions as will adequately insure the safety of inhabitants of the building or structure.
(D) No change shall be made in the use of land or in the use of any building or part thereof, now or hereafter erected, reconstructed, or structurally altered, without a building permit and a certificate of occupancy having been issued by the Building Commission or its designee, and no such permit shall be issued to make such change unless it is in conformity with the provisions of this chapter.
(E) A certificate of occupancy shall be applied for coincidentally with the application for a location improvement permit or building permit. The certificate of occupancy shall be issued within ten days after the lawful erection, reconstruction, or structural alteration of such building or other improvement on the land shall have been completed and has received a favorable report by the Building Inspector and the Electrical Inspector.
(F) No improvement location or building permit shall be issued for excavation for or the erection, reconstruction, or structural alteration of any building, before an application has been made for a certificate of occupancy.
(G) A record of all certificates of occupancy shall be kept on file in the office of the Building Commission.
(H) Upon application, the Building Commission shall issue a location improvement permit or building permit for the addition to an existing structure nonconforming as to front yards and/or side yards or both provided such additions will be conforming as to use and does not encroach upon the front yard and/or side yards beyond the limits of the existing structure.
(I) Under the terms of this chapter, no change in the use of land that involves a change in any land or in the condition of the land may be made unless an application has been filed and the special land use/exception approved and the Building Commissioner issues a location improvement permit or building permit.
(Ord. 0203, passed 6-10-02; Am. Ord. 0803, passed 4-14-08)