§ 8. Certificate of occupancy and compliance.  


Latest version.
  • (a)

    Certificates of occupancy shall be required for any of the following:

    (1)

    Occupancy and use of a building hereafter erected or structurally altered.

    (2)

    Change in use of an existing building to a use of a different classification.

    (3)

    Occupancy and use of vacant land, except agricultural use.

    (4)

    Change in the use of land to a use of a different classification.

    (5)

    Any change in the use of a nonconforming use.

    (b)

    No building hereafter erected or structurally altered shall be used, occupied or changed in use until a certificate of occupancy and compliance shall have been issued by the building inspector stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.

    (c)

    Certificates of occupancy and compliance shall be applied for coincident with the application for building permit and shall be issued within ten (10) days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the building inspector and copies shall be furnished on request to any person having a propriety or tenancy interest in the building affected.

    (d)

    Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to the building inspector. If the proposed use is a conforming use, as herein provided, the application shall be made to the building inspector. If the proposed use is in conformity with the provisions of this ordinance, the certificate of occupancy therefor shall be issued within ten (10) days after the application for same has been made.

    (e)

    Every certificate shall state that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and ordinances. A record of all certificates of occupancy shall be kept on file in the office of the building inspector or his agent and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.

    (f)

    Temporary certificate. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties, or obligation of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this ordinance.

    (g)

    Certificate for nonconforming uses. A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this ordinance. Application for such certificate of occupancy for a nonconforming use shall be filed with the building inspector by the owner or lessee of the building or land occupied by such nonconforming use within one (1) year of the effective date of this ordinance. It shall be the duty of the building inspector to issue a certificate of occupancy for a lawful nonconforming use, but failure to apply for such certificate of occupancy for a nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of this ordinance.