(a) Issuance. No person shall occupy or use any building or structure, in whole or in part, without a valid Occupancy Permit issued by the Zoning Inspector pursuant to the provisions of this section.
(b) New Buildings or Structures. No person shall occupy or use any building or structure erected on or after November 1, 2004, unless and until an Occupancy Permit therefor has been issued by the Zoning Inspector and posted on the premises.
(c) Alteration of Buildings or Structures.
(1) No person shall occupy or use any building or structure that, on or after November 1, 2004, has been enlarged, extended or altered, in whole or in part, unless an Occupancy Permit authorizing that use has been issued.
(2) No person shall occupy or use a building which, prior to November 1, 2004 was not used as a residential structure unless an Occupancy Permit authorizing that use has been issued.
(d) Existing Buildings. Upon written request from the owner of an existing building or structure, the Zoning Inspector shall issue a Occupancy Permit for that building or structure, provided there are no violations of the Zoning Code or the Building Code, and provided further that the applicant establishes that the current occupancy of the building or structure existed prior to November 1, 2004 and that said occupancy was in compliance with the zoning code then applicable. This section shall not require the removal, alteration or abandonment of, or prevent the continuance of, the continuous occupancy of an existing building or structure which was lawfully occupied as of November 1, 2004.
(e) Change in Occupancy Use or Commercial Tenants. No person shall occupy or use any building or structure, the use of which has, on or after November 1, 2004, changed from one occupancy to another unless the Zoning Inspector has issued an Occupancy Permit for that new use. No such Occupancy Permit shall be issued until the applicant has demonstrated that the building conforms to the applicable provisions of the Zoning Code and the Building Code. If a building or a unit in a building contains commercial or industrial uses, and that building or unit undergoes a change of tenants, such new tenants shall not occupy the building or unit unless the Zoning Inspector has issued an Occupancy Permit for the new tenant.
(f) Issuance of Occupancy Permit. Upon completion of the project for which a Zoning Permit was issued, the applicant shall request the Zoning Inspector to issue an Occupancy Permit. The Zoning Inspector shall conduct whatever inspection the Zoning Inspector deems appropriate and, upon completion of that inspection and a determination that the development complies with the requirements of the Zoning Permit and the applicable zoning ordinances, the Zoning Inspector shall issue an Occupancy Permit, subject to the following requirements:
(1) The applicant shall demonstrate, to the satisfaction of the Zoning Inspector, that the project conforms to all applicable zoning codes, zoning permits, and, if applicable, the approved site plan, and that the building or structure has received all necessary building permits and passed all necessary inspections by the Geauga County Building Department.
(2) If the Occupancy Permit is being issued for a newly erected building or structure, prior to issuing the Occupancy Permit, the Zoning Inspector shall:
A. Verify that all necessary public right-of-way improvements serving the lot upon which the building or structure is erected have been installed to the satisfaction of the Building Inspector; and
B. Verify that the lot upon which the building or structure is erected has existing iron pins located at the corners of that lot as designated on the final plat and as required by Section 1115.03(e) by requiring the applicant to submit:
1. A certification from an Ohio registered surveyor that the iron pins as shown on the final plat are actually in place, or
2. By such other similar reliable sworn statement as the Zoning Inspector deems acceptable.
(3) The Occupancy Permit shall state that the Municipality has been provided evidence that the building or structure has received all necessary building permits and passed all necessary inspections by the Geauga County Building Department, and conforms to all applicable zoning codes, zoning permits, and, if applicable, the approved site plan. The Occupancy Permit shall contain the following:
A. The number and date of issuance of the Zoning Permit and, if applicable, of site plan approval.
B. The address of the building or structure for which the Occupancy Permit is issued.
C. A description of that portion of the structure for which the Occupancy Permit is issued.
D. The signature of the Zoning Inspector.
E. The use for which the Occupancy Permit is being issued.
F. Any special stipulations and conditions of the Zoning Permit, the site plan approval (if applicable) including any variances granted to allow the specified use or structure.
(g) Temporary Occupancy Permit.
(1) Upon the request of the owner, the Zoning Inspector may issue a Temporary Occupancy Permit before the completion of the entire work covered by the permit, provided that such building, structure or portion or portions can be occupied safely prior to full completion of the building, structure or portion without endangering health, safety or public welfare.
(2) The Temporary Occupancy Permit shall be issued for a limited period of time, which shall be determined by the Zoning Inspector. The Zoning Inspector may extend that expiration date for good cause shown.
(3) In issuing a Temporary Occupancy Permit for new construction, the Zoning Inspector may issue a permit for a temporary water connection as provided by Section 911.06.
(4) In issuing a Temporary Occupancy Permit, the Zoning Inspector shall set a deadline by which the work will be completed and a date of expiration of the Temporary Occupancy Permit based on that deadline.
(5) Prior to the issuance of a Temporary Occupancy Permit, the applicant shall deposit funds with the Municipality, in an amount determined by the Zoning Inspector. In appropriate circumstances, and at the discretion of the Zoning Inspector with the consent of the Village Administrator, the Municipality will accept a performance bond in lieu of a cash deposit of funds.
(6) The amount of the deposit or performance bond shall be sufficient to cover the costs of all required work which is (i) not yet complete and (ii) necessary for the issuance of the final Occupancy Permit.
(7) Upon expiration of the Temporary Occupancy Permit, if the work is required by the zoning permit and, if applicable, the approved site plan has not been completed, the Municipality may (i) apply the monetary deposit or utilize the performance bond to correct any deviations from the zoning permit or the approved plans; or, (ii) withhold such deposit or release of the performance bond until such time as the correction or compliance is made; and/or (iii) apply any funds on deposit toward the costs incurred by the Municipality in instituting legal proceedings in the pursuit of site compliance.
(8) Upon the failure of the owner to timely make such repairs or replacements, the Village Administrator, may, in his or her discretion, (i) utilize the deposit or the performance bond to contract for independent services to have the required work performed and (ii) pay the costs and expenses thereof out of the funds so deposited or cause the surety to make such payment. Any such costs and expenses that exceed the amount on deposit or covered by the performance bond shall be paid immediately by the owner and, absent such payment, the Temporary Occupancy Permit shall be revoked.
(9) Upon completion of the work, the owner shall notify the Zoning Inspector thereof, and request that the Zoning Inspector make a final inspection of the premises. Upon final approval and issuance of the Occupancy Permit, the deposit shall be returned, less any and all costs incurred by the Municipality for inspection and approval.
(10) If funds deposited with the Municipality pursuant to this section remain on deposit for three (3) years after a final inspection, or if after three (3) years the conditions required for the refunding of such deposit or balance thereof have not been satisfied, such deposit shall be deemed forfeited and shall be transferred to the General Fund.
(h) Occupancy Permit Regulations. The Zoning Inspector shall promulgate Occupancy Permit regulations consistent with this Section which shall become effective upon approval by the Planning Commission. Such regulations shall set forth the information to be included with an application for an occupancy permit, a schedule of fees for occupancy permit applications, and a list of standard deposits. The list of standard deposits shall include set fees for driveways, sidewalks, grading, landscaping, etc. However, such list shall not be exclusive and the Zoning Inspector shall have the discretion to establish specific deposit amounts, when warranted, on a case-by-case basis.
(i) Revocation of Occupancy Permit. In addition to the remedies available under Sections 1140.12 and 1140.13, the Zoning Inspector shall, in writing, suspend or revoke an Occupancy Permit issued under the provisions of the Zoning Code wherever the permit is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation applicable thereto.
(j) Escrow Agent Restrictions. No person, firm or corporation acting in the capacity of an escrow agent in any real estate transaction involving the sale of any premises located within the Municipality shall disburse any funds or finalize any transfers of property in the Municipality on or after November 1, 2004, unless evidence of a valid Occupancy Permit or a statement by the Zoning Inspector that no Occupancy Permit is required for the real estate at issue has first been deposited into the escrow.
(Ord. 10-106. Passed 4-15-10.)