(a) When Required. No occupancy, use or change of use of any premises shall take place in the following instances unless and until an occupancy permit has first been secured from the Inspector of Buildings:
(1) As the final inspection permit following or in connection with the issuance of a building permit for the construction, addition to or alteration of any building or in all instances when building permits are required by applicable law,
(2) Upon changes or variances of the use of premises other than the use of premises for residential purposes;
(3) Following the change of zoning of a parcel of land by action of the City Planning Commission, by ordinance of Council or by order of a court of general jurisdiction after all appellate remedies have been exhausted or abandoned;
(4) When a building has been completed and complies with the application for the building permit, this Building and Housing Code, the Zoning Code, the Fire Prevention Code and all applicable State and Municipal regulations;
(5) Upon changes in the use of vacant land;
(6) Upon changes in the use of any nonconforming use; or
(7) The lease of any commercial building or part of any commercial building to a tenant or subtenant. The owner of any commercial building or structure in the City shall provide the Building Inspector with the name and address of each tenant in the building no later than January 15 of each year and shall provide to the Building Inspector the name and address of any new tenant no later than 30 days before the tenant takes possession of the leased premises.
(Ord. 2006-60. Passed 10-18-06.)
(b) Issuance of Permits; Fees.
(1) An application shall be required for the issuance of an occupancy permit and shall contain a statement by the owner or his or her authorized agent, fully revealing the use or uses to which the premises or the proposed building is to be devoted. Such statement shall also contain the name, address and telephone number of the owner, architect and contractors, in the case of work on a single project which has been determined by the Inspector of Buildings to have a gross value of fifty thousand dollars ($50,000) or more, being performed for or by corporations or partnerships. A statement of the names and addresses of all shareholders or principals having a ten percent or greater interest in such corporation or partnership, and of all directors and officers thereof, shall be filed with the application, which statement shall also include a description of the building and the number and date of issuance of the building and other permits required for construction.
(2) A record of applications for occupancy permits, together with the action taken thereon, shall be kept on file in the office of the Inspector of Buildings and shall be available for inspection to any person having a proprietary or tenancy interest in the building or land affected.
(3) The application for an occupancy permit shall be accompanied by a fee payable to the City. The fee shall be thirty dollars ($30.00) for a single- family dwelling and seven dollars and fifty cents ($7.50) per 1,000 square feet of floor area for all other buildings or structures.
(4) The Inspector of Buildings shall issue the permits required hereunder when the proposed use of premises complies with the Zoning Code and other applicable laws, or upon order of the City Planning Commission and/or Council or a court of competent jurisdiction upon the granting of variances or special use permits, when the specifications comply in the case of building permits and when the completed use complies in the case of an occupancy permit.
(Adopting Ordinance)
(c) Refusal to Issue Permits; Appeals.
(1) The Inspector of Buildings shall issue no occupancy permits for any building, structure or use or change in use of land or premises in violation of the Zoning Code, and any permit so issued shall be void.
(2) No occupancy permit shall be issued until an application therefor has remained on file in the office of the Inspector for public inspection for a period of ten days, but some appropriate action must be taken on any such application by the Inspector within thirty days after the application is filed. The ten-day delay may be reduced in the case of single-family dwellings in the discretion of the Inspector.
(3) If refused, the Inspector shall send the notice of refusal to the address shown in the application.
(4) If an occupancy permit is refused by the Inspector, an appeal may be made to the City Planning Commission if the same is filed within ten days of the mailing of such refusal. If appealed, the Commission shall hear the matter within thirty days of the appeal and rule thereon within thirty days of such hearing or any continuance thereof. A continuance may only be had with the written approval of the appellant. The ruling of the Commission and any conditions imposed are subject to review by Council within thirty days of the ruling. Council may affirm, modify or reverse the decision of the Commission.
(Ord. 1969-38. Passed 11-19-69.)
(Ord. 1969-38. Passed 11-19-69.)