(A) A certificate of occupancy to be issued by the Building Administrator, or his or her authorized agent, shall be required prior to occupying any new structure, except buildings incidental to agricultural operations other than residences, in accordance with Chapter 151 of this code and the provisions of this chapter, and in the following instances. None of the following occupancies, uses, or changes of use, shall take place until a certificate of occupancy therefor shall have been issued:
(1) Occupancy and use of a building hereafter erected or enlarged;
(2) Change in use of an existing building;
(3) Occupancy and use of vacant land, except for the raising of crops;
(4) Change in the use of land to a use of a different classification, except for the raising of crops; or
(5) Any change in the use of a nonconforming use.
(B) Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the building and zoning permit for that building. For all other certificates, or for copies of any original certificate, there shall be a charge of $1 each. The certificate shall be acted upon within five business days after a written request for the same has been made to the Building Administrator after the erection or enlargement of the building or part thereof has been completed in conformity with the provisions of this chapter and the building codes of the town.
(C) Pending the issuance of a certificate of occupancy, a temporary certificate of occupancy may be issued by the Building Administrator for a period of not more than six months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. The temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties, or obligations of the owner or of the town relating to the use or occupancy of the land or building, or any other matter covered by this chapter and Chapter 151 of this code. The temporary certificate shall not be issued except under restrictions and provisions as will adequately ensure the safety of the occupants.
(D) (1) Written application for a certificate of occupancy for use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided shall be made to the Building Administrator.
(2) If the proposed use is in conformity with the provisions of this chapter and Chapter 151, the certificate of occupancy therefor shall be issued within three working days after the application for the same has been made.
(3) Each certificate of occupancy shall state that the building or proposed use of a building or land complies with the provisions of this chapter and all building regulations and provisions of Chapter 151.
(4) A record of all certificates of occupancy shall be kept on file in the office of the Building Administrator and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected.
(5) No permit for erection of any building shall be issued before application has been made for a certificate of occupancy.
(Ord. 23, § 4.10.40, passed 3-19-1997; Am. Ord. 45, passed 4-15-1998) Penalty, see § 156.999