A. Purpose and Intent. The purpose for the certificate of occupancy procedure is to establish a consistent and standardized method to document a development's compliance (or pending compliance) with all applicable building codes and Town requirements prior to occupancy or initiation.
B. Applicability. Except where exempted by Section 2.2.9.C, Exemptions, no land, newly erected building or structure, or existing building or structure that has been moved or enlarged or changed in use shall be occupied or used until a certificate of occupancy certifying that the land, building, or structure, and its use complies with this Ordinance and the applicable standards of the State Building Code(s) is issued in accordance with this section.
C. Exemptions. Development exempted from Section 2.2.4, Building Permit, shall also be exempted from this section.
D. Certificate of Occupancy Procedure. The certificate of occupancy procedure is described in Figure 2.2.5, Certificate of Occupancy Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
E. Decision by Planning Director. The decision on a certificate of occupancy shall be made by the Planning Director. Decisions on certificates of occupancy applications shall be in accordance with the standards in Section 2.2.5.F, Certificate of Occupancy Review Standards.
F. Certificate of Occupancy Review Standards. A certificate of occupancy shall be approved if the land, building, structure, or proposed use complies with:
1. All relevant standards of this Ordinance;
2. Any other applicable Town requirements;
3. All applicable conditions of approval;
4. The building permit;
5. The applicable State Building Code(s) requirements; and
6. All applicable state and federal requirements.
G. Performance Guarantee. The Planning Director may require the applicant to submit a performance guarantee (see Section 6.6, Performance Guarantees, in an amount necessary to ensure that any work not completed as specified in the development permit or approval will be completed within the specified time frame for a certificate of occupancy.
H. Temporary Certificate of Occupancy.
1. In cases where it would be unreasonable to require the applicant to comply with all the requirements of this procedure prior to commencement of the proposed use, transfer of lots in a subdivision, or occupancy of any buildings (due to weather conditions or other issues beyond the applicant's control, but not including financial hardship), the Planning Director may approve the issuance a temporary certificate of occupancy by the Wake County Inspections Director, provided:
a. The Wake County Inspections Director approves of the temporary certificate;
b. The commencement or occupancy will not violate any health or safety considerations of any applicable codes;
c. A performance guarantee, submitted in accordance with Section 6.6, Performance Guarantees, is provided for any required infrastructure or other required site feature; and
d. The duration of the temporary certificate of occupancy shall not exceed six months.
2. If all remaining work is not completed within the specified time frame of the temporary certificate of occupancy, the Planning Director shall take action in accordance with Article 8: Enforcement.
I. Expiration. A certificate of occupancy shall not expire.
J. Appeal.
1. Appeal of decisions on certificates of occupancy shall be made to the Wake County Permits and Inspections Department in accordance with their procedures and requirements.
2. An appeal pertaining to a State Building Code(s) issue shall be filed with to the North Carolina Commissioner of Insurance in accordance with Section 160D-1127 of the North Carolina General Statutes.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-2021)