A. Certificate of Occupancy Requirements. Each application for an occupancy permit for the use of Property shall be accompanied by a Site Plan in duplicate, drawn to scale, showing the actual dimensions of the Lot to be built upon or used, the size, shape, and location of the Building to be erected and such other information as may be necessary to provide for the enforcement of this Code. A record of submitted applications, Site Plans, and corresponding issued permits shall be kept on file in the Community Development Department.
1. Certificate of occupancy. No Building or Structure shall be occupied until a required occupancy permit is issued in accordance with this Section. Every certificate of occupancy shall state that the new occupant shall comply with all provisions of the Municipal Code. Certificate of occupancy shall be required as follows:
a. Residential Use. An occupancy permit shall be required for all new Residential Dwellings before such Dwelling will be occupied; however, an occupancy permit is not required for the reoccupancy of an existing Residential Dwelling.
b. Non-Residential Use. An occupancy permit shall be required for all non-residential Buildings or Structures under the following circumstances:
(1) For all new occupants and changes from the original occupants;
(2) For all new construction; and
(3) For construction of an addition, expansion, or reduction of Floor Area of an existing occupied Structure or Building.
c. Temporary certificates of occupancy.
(1) The Director may issue a temporary occupancy permit before the completion of the entire work covered by the final occupancy permit provided that such portion or portions of the Building or Structure shall be occupied safely prior to the full completion of the Building or Structure without endangering life or public welfare.
(2) No temporary occupancy permit may be issued if the portion of the work to be completed includes fixing any Code violations or such structural defects which would endanger safety and public welfare.
(3) If the Director determines a temporary occupancy permit may be issued, such shall be issued for a period of time not to exceed ninety (90) days. The Director may issue one (1) extension, not to exceed an additional ninety (90) days, if deemed necessary by the Director upon written application for an extension prior to expiration of such temporary occupancy permit, and good cause shown by the Applicant that such extension is necessary and in accordance with the intent of this Article.
B. Landscaping. Prior to issuance of final occupancy for any new Building or Structure, any required landscaping shall be completed in accord with approved landscape plans.
C. Temporary, Alternate Occupancy due to Natural Disasters and/or Emergency Situations.
1. Special Use Permit. During or following a natural disaster and/or emergency, as determined by the Director, the Director may waive the requirement for Use allowed by Special Use Permit to temporarily relocate within a Zoning District when such use would require a Special Use Permit when said use is legally in operation at the time of the natural disaster and/or emergency, subject to the following conditions:
a. The required occupancy permit for the relocation is obtained;
b. Such use is only relocated during the time needed to repair the Structure for which the Special Use Permit originally was issued and which Structure was damaged by the natural disaster and/or emergency not to exceed a period of six (6) months unless an extension of time is approved by the Board; and
c. All applicable conditions of the Special Use Permit issued for the damaged Structure, if any, shall remain in full force and effect for the use at its temporary location unless a specific condition is inapplicable or infeasible at the temporary location as determined by the Director.
2. Mobile or Prefabricated Structure. During or following a natural disaster and/or emergency, as determined by the Director, the Director may authorize a use to temporarily relocate to a mobile or prefabricated Structure in the City when said use is legally in operation at the time of the natural disaster and/or emergency, subject to the following conditions:
a. The required occupancy permit for the relocation is obtained;
b. The mobile or prefabricated Structure is located in a manner that the public health, safety, and welfare will be protected on the same Lot as the occupancy permit was issued before the natural disaster and/or emergency; and
c. Such use is only relocated during the time needed to repair the Structure for which the occupancy permit was issued and which Structure was damaged by the natural disaster and/or emergency not to exceed a period of six (6) months unless an extension of time is approved by the Board.
3. Procedure. Any time a natural disaster and/or emergency occurs, as determined by the Director, notification shall be provided to the Commission and Board explaining what has been approved and the reasons why.
