(a) Application and Use. A certificate of occupancy shall be applied for by the owner or his agent and shall be issued by the Building Commissioner as a condition precedent to the occupancy and/or uses of a building and land as follows:
(1) Occupancy of a building erected or altered. A certificate of occupancy shall be required before occupancy of a new building, or before occupancy of an existing building which has been altered, moved, changed in use or increased in off-street parking requirements. Such certificate shall only be issued after the erection or alteration of such building, or a component thereof, or after a required accessory use has been completed and found by inspection to be in conformity with the provisions of this Zoning Code and the Building Code.
(2) Change in use of conforming building or land. A certificate of occupancy shall be required before occupancy of a conforming building or land where the use has been changed, provided the use is different than the prior use, and shall be issued, when found by inspection to be in conformity with provisions of this Zoning Code.
(3) Change in use of nonconforming building or land. A certificate of occupancy shall be required whenever a nonconforming building or land is changed, and shall not be issued until the Planning Commission has approved the change in accordance with the provisions of Chapter 1274.
(4) Temporary certificate of occupancy. Pending the issuance of a regular certificate, a temporary certificate may be issued by the Building Commissioner to be valid for a period not to exceed six months from its date provided that the Building Commissioner finds and determines that all of the following conditions exist:
A. All parts of buildings or structures to be temporarily occupied for any purpose are completed and found by inspection to be in compliance with this Zoning Code and the Building Code; and
B. The conditions and circumstances created by the incompleted work are not and will not be a nuisance, or a threat to the health or safety of the person or property of the occupants or others; and
C. The owner has deposited with the city cash in an amount estimated by the city Engineer and Building Commissioner to be equal to the actual cost of completing the improvements in accordance with plans and specifications and in compliance with this Zoning Code and the Building Code; and
D. Full completion of all work with respect to the site and buildings and structures thereon is being diligently prosecuted in conformance with the plans, data and information submitted.
If the Building Commissioner determines any of the requirements of subsection (a)(4) hereof cease to exist, he may terminate the temporary occupancy certificate upon ten days written notice to the owner.
(b) Record of Existing Building and Land Use. Upon application by the owner, or his agent, the Building Commissioner shall inspect a building or tract of land existing on the effective date of this Zoning Code and shall issue a certificate of occupancy therefor, certifying:
(1) The present use of the building or land;
(2) If such use conforms to all the provisions of this Code; and
(3) If it is a lawfully existing nonconforming use.
(c) Application for Certificate.
(1) Applications for a certificate of occupancy may be submitted separately or may accompany an application for a building permit. Accurate information shall be furnished by the owner or his agent, as to size and location of the lot, buildings or structures occupying the lot, the dimensions of all yards and open spaces, the use of land or building and all such information as may be included on a form to be furnished by the city.
(2) A record of all applications and certificates issued shall be kept on file in the office of the Building Commissioner and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.
(Ord. 1981-40. Passed 7-6-81.)
(Ord. 1981-40. Passed 7-6-81.)