(A) Purpose. Certificates of occupancy are required to ensure that completed structures and the development of property of which such structures are a part comply with the provisions of this chapter, as well as any site plans or conditional approvals for such structures and development, and other city regulations as pertain to construction and development.
(B) Authority. The Building Inspector shall have the authority and responsibility to issue and keep records of certificates of occupancy in accordance with the requirements set forth in this chapter.
(C) Certificate of occupancy required. No new structure or addition to an existing structure shall be occupied and no use of a building shall be changed unless a certificate of occupancy is issued therefor by the Building Inspector.
(D) Procedure.
(1) Application. A certificate of occupancy shall be applied for coincident with the application for a building permit and will be issued before occupancy and connection of utilities to such building.
(2) Action on application. The Building Inspector or his or her designated agent shall inspect the property which is the subject of an application within a reasonable time after a completed application has been filed and shall issue a certificate of occupancy if the premises of the property comply in all respects with the applicable development regulations in effect. If the premises do not so comply, the Building Inspector shall deny the application in a written notice mailed to the applicant within five days after the inspection of the property, specifying the provisions of which section with which the structure or development does not comply.
(3) Contents of certificate of occupancy. Information required for submission to obtain a certificate of occupancy shall include:
(a) Name of applicant.
(b) Nature and extent of the applicant's ownership interest in the subject property.
(c) Address of the property for which a certificate is requested.
(d) A legal description of the property, the zoning classification for the property, and a statement that the use of the property is allowed or permitted in the zoning classification for the property.
(e) If a site plan or other conditional approval for the structure or the development of which such structure is a part was required, a copy of any document granting such approval and plans approved in connection therewith.
(f) Such other information as requested by the building inspector to ensure conformance with applicable development regulations.
(4) Temporary certificates of occupancy.
(a) A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion of the building or other development
to the property. However, such temporary certificate may be issued only when the proposed construction or other proposed property development is an addition or modification to an existing structure or existing development. It also may be used for a transient use which, due to its nature, is not required to comply with permanent construction regulations.
(b) A temporary certificate of occupancy shall be valid for a period not exceeding six months. For additions or modifications to an existing structure or existing development, an extension of this time period for an additional six months may be granted by the Building Inspector if the applicant can show that circumstances beyond the applicant's control have caused delays in the project's completion. Upon expiration of the initial temporary certificate or extension thereof, the applicant of the addition or modification must apply for a certificate of occupancy. For transient uses, upon expiration of the temporary certificate, the structure must be removed from the site and may not be resituated on the site for a period of six months. However, when transient uses as defined in § 154.003 are for charitable purposes such as fund raising and are located on the site for a period of 72 hours or less, or when the uses are special events declared by the city, temporary certificates of occupancy are not required.
(c) A temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy or any other matter required by this section.
(Ord. 260, passed 2-17-98)