(A) No land, building, structure, or part thereof, shall be occupied by or for any use for which a building permit is required by this subchapter unless and until a certificate of occupancy shall have been issued for such new use. No land or building shall be occupied or reoccupied, used or changed in use until a certificate of occupancy and compliance shall have been issued by the Building Inspector stating that the land or building, or proposed use of a building or land, complies with all the building or health laws and ordinances and the provisions of this chapter.
(B) A copy of such certificate of occupancy and compliance shall be conspicuously posted and displayed on the premises used for any purposes other than residential. The following shall apply in the issuance of any certificate.
(1) Certificates not to be issued. No certificates of occupancy pursuant to Ch. 154 shall be issued for any building, structure, or part thereof, or for use of any land which is not in accordance with all the provisions of this chapter.
(2) Certificates required. No building or structure, or parts thereof, which is hereafter erected or altered shall be occupied or used, or the same caused to be done, unless and until a certificate of occupancy shall have been issued for each building or structure.
(3) Certificates including zoning. Certificates of occupancy, as required by Ch. 154, for new buildings or structures, or parts thereof, or for alterations to, or changes of use of, existing buildings or structures shall also constitute certificates of occupancy, as required by this chapter.
(4) Certificate for existing buildings. Certificates of occupancy will be issued for existing 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 are in conformity with the provisions of this chapter. It shall hereafter be unlawful for any person to occupy any existing commercial and/or industrial buildings or premises located within the city which have been vacated by a tenant, lessee or owner, unless such persons desiring to re-occupy such building or premises shall first make application for and obtain a certificate of occupancy from the Building Inspector.
(5) Certificates for nonconforming buildings.
(a) A certificate of occupancy shall be required for each nonconforming use of building existing prior to the time of passage of §§ 150.001 through 150.011, 150.025 through 150.035, 150.050 through 150.054, 150.057 and 150.070 through 150.078. Application for such certificate of occupancy for nonconforming uses shall be filed with the Building Inspector by the owner or lessee of the building occupied by such nonconforming use within six months from the effective date of §§ 150.001 through 150.011, 150.025 through 150.035, 150.050 through 150.054, 150.057 and 150.070 through 150.078. It shall be the duty of the Building Inspector to notify such owner or lessees in writing and to issue a certificate of occupancy for such nonconforming use upon application.
(b) The failure of the owner or lessee of the building occupied by such nonconforming use to obtain such certificate of occupancy for the same within six months from the effective date of §§ 150.001 through 150.011, 150.025 through 150.035, 150.050 through 150.054, 150.057 and 150.070 through 150.078, shall create a conclusive presumption that such nonconforming use did not exist prior to the effective date of §§ 150.001 through 150.011, 150.025 through 150.035, 150.050 through 150.054, 150.057 and 150.070 through 150.078 and such use shall be discontinued within one year from the effective date of §§ 150.001 through 150.011, 150.025 through 150.035, 150.050 through 150.054, 150.057 and 150.070 through 150.078.
(6) Temporary certificates. Nothing in this chapter shall prevent the Building Inspector from the issuing of a temporary certificate of occupancy for a portion of a building or structure in process of erection or alteration, provided that such temporary certificate shall not be effective for a period of time in excess of six months or more than five days after the completion of the building ready for occupancy and provided further that such portion of the building, structure or premises is in conformity with the provisions of this chapter.
(7) Records of certificate. A record of all certificates issued shall be kept in the office of the Building Inspector and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.
(8) Certificates for dwelling accessory buildings. Buildings accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plat plan and when completed at the same time as such dwellings.
(9) Application for certificates. Application for certificates of occupancy shall be made in writing to the Building Inspector on forms furnished by the Department and such certificates shall be issued if, after final inspection, it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this chapter. If such certificate is refused for cause, the applicant therefor shall be notified in writing of such refusal and cause thereof.
(1979 Code, § 5.133) (Ord. 62, passed 5-16-1978) Penalty, see § 150.999