(A) Compliance inspection required. Approval of a zoning certificate shall not be final until the premises have been inspected by the Zoning Inspector and issued a certificate of occupancy. A certificate of occupancy shall be issued if the Zoning Inspector determines that the structure and/or use permitted in the zoning certificate has been constructed and/or operated in compliance with the zoning certificate.
(B) Occupancy may not commence without certificate of occupancy. Initial occupancy of a building or land, completion of an activity requiring a zoning certificate, and for non-residential uses, occupancy which commences with a change of use, tenancy, business ownership or termination of a vacancy of six months or more shall require a certificate of occupancy.
(C) Application for certificate of occupancy. A certificate of occupancy shall be applied for coincident with the application for a zoning certificate. The applicant shall provide access to all areas of the property as needed to make a complete check of all features regulated by the provisions of this chapter. The applicant is encouraged, but not required, to contact the Zoning Inspector to review the requirements for application prior to submittal.
(D) Process for issuance of certificate of occupancy. An application for a certificate of occupancy shall be processed as follows:
(1) The applicant shall notify the Zoning Inspector of the completion of the work authorized by the zoning certificate and request an inspection of the premises. If the applicant declines to make the premises available for inspection according to the provisions of this section, the certificate of occupancy shall not be issued;
(2) The Zoning Inspector shall make a physical inspection of the premises. It is strongly recommended, but not required, that the applicant or the applicant’s representative attend the inspection;
(3) The Zoning Inspector shall determine if the premises are in conformance with this chapter. If the premises are determined to be in conformance, the Zoning Inspector shall issue a certificate of occupancy. If the premises are not in conformance, the Zoning Inspector shall promptly notify the applicant of the actions to be completed in order for the certificate of occupancy to be issued; and
(4) The Zoning Inspector shall mark the application materials as “approved” or “disapproved” and shall sign the documents. The Zoning Inspector shall maintain one set of the approved or disapproved application, and the approved zoning certificate if applicable, on file in the village offices. One set of the approved documents shall be transmitted to the applicant.
(E) Expiration of certificate of occupancy. The certificate of occupancy shall expire in 60 days if the structure or use is not occupied or conducted as approved.
(F) Extensions. The expirations set forth in this section may be extended by the Zoning Inspector in the event of a change in circumstances and good cause shown by the applicant.
(G) Certificate of occupancy for an existing use or structure. A property owner, tenant or lessee may make a written request to the Zoning Inspector for a certificate of occupancy for any building or premises existing at the time of enactment of this chapter. After reviewing the application and inspecting the premises, the Zoning Inspector shall document the extent and kind of uses made of the building or premises and issue a written determination as to compliance with this chapter. There shall be no fee for a certificate of occupancy issued in accordance with this section.
(Ord. O-38-2020, passed 12-14-2020)