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The purpose of a certificate of occupancy is to provide a formal method of review so that the Zoning Administrator and city may inspect and ensure that all construction was completed in compliance with any approvals defined in this section and with the other requirements of the Tipp City Code of Ordinances.
(a) It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy is issued by the Zoning Administrator stating that the proposed use of the building or land conforms to the requirements of this code and any approvals granted by this code.
(b) Any change in use or occupancy where there is no construction, alteration, or other physical change to the building or structure shall be subject to the zoning compliance permit review in § 154.03(I).
(c) Failure to obtain a certificate of occupancy shall be a violation of this code subject to the provisions of Section 154.13: Enforcement and Penalties.
(3) Certificate of Occupancy Review Procedure
The review procedure for a certificate of occupancy shall be as follows:
(a) Step 1 - Application
Every application for a zoning permit shall be deemed to be an application for a certificate of occupancy.
(b) Step 2 - Zoning Administrator Review and Decision
(i) For zoning permit applications where there was construction or other physical alterations to the site or buildings, the certificate of occupancy shall first be reviewed by Miami County Department of Development and then forwarded to the Zoning Administrator.
(ii) Applications related to a change of use or tenants may not require review by Miami County and as such, shall be reviewed solely by Tipp City in accordance with this section.
(iii) Upon application, the Zoning Administrator may take a reasonable amount of time to inspect the subject property, review any information provided by Miami County, and shall make a decision to approve or deny the certificate of occupancy. The Zoning Administrator may also make a decision to approve a temporary certificate of occupancy providing the applicant with additional time to complete improvements under limited circumstances.
(iv) Upon approval, the Zoning Administrator shall issue a signed certificate of occupancy to the applicant and shall maintain a copy for the city's records.
(v) If the certificate is denied, the Zoning Administrator shall notify the applicant in writing stating reasons why a certificate cannot be issued.
(4) Review Criteria
In order to issue a certificate of occupancy, the Zoning Administrator shall determine the following:
(a) The use, development, construction, alteration, or other change complies with the zoning permit and all approved plans, conditions, or other development approvals;
(b) The applicant has complied with all requirements of the maintenance deposit fee; and
(c) All items identified on the city's punch list have been addressed, corrected, or will be ensured by a financial guarantee that is similar in nature as those required for subdivision improvements as established in § 155.04(E)(5) of the Tipp City Subdivision Regulations.
(5) Temporary Certificate of Occupancy
A temporary certificate of occupancy may be issued by the Zoning Administrator for a period not exceeding 6 months pending the completion of the building or structure. Prior to the issuance of a temporary certificate of occupancy, the developer, contractor, or property owner, shall provide sufficient funds to cover the cost of any site improvements that are not completed. If a building or structure is to be occupied prior to the completion of the site improvements, the zoning administrator shall also require a copy of the temporary or final certificate of occupancy as issued under the Ohio Building Code.
Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator shall have the right to appeal the decision to the BZA as established in § 154.03(M).
(Ord. 5-14, passed 3-17-2014; Am. Ord. 20-17, passed 10-2-2017)