MapLink™ | Procedures | Certificate of Occupancy

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Certificate of Occupancy
J. Certificate of use and occupancy required. No change in the use or character of the occupancy of land nor any change in the use or character of occupancy in an existing building or structure shall be made, nor shall any new building or structure be occupied for any purpose, until a certificate of use and occupancy has been issued by the office of the Zoning Administrator. A certificate of use and occupancy shall be required for each lot or use where applicable.

K. Application for certificate. No permit as required under this section shall be issued until an application for a certificate of use and occupancy has been made. Every application for a change in use of a building or structure or for a new or changed use of land where no building permit is required shall be made directly to the office of the Zoning Administrator. The application for such certificate shall be submitted in such form as the Zoning Administrator may prescribe and shall be accompanied by the required fees as prescribed in § 595-05Q.

L. Certificate issuance. No certificate of use and occupancy shall be issued until the erection, construction or alteration has been completed or the use established and inspected and approved by the office of the Zoning Administrator, and the building or premises shall not be occupied until the certificate of use and occupancy is issued, provided that such certificate shall be issued or written notice shall be given to the applicant stating why a certificate cannot be issued not later than 14 days after the office of the Zoning Administrator is notified, in writing, that the building or premises is ready for occupancy.

M. Temporary certificate. Upon request of a holder of a permit, the Zoning Administrator may issue a temporary certificate of use and occupancy for the completion of a structure, building and/or lot, or portion thereof, before the total development covered by the permit shall have been completed, provided such portion may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare. The Zoning Administrator may also issue a temporary certificate of use and occupancy for such temporary uses as a tent, use of land for religious or other public or semipublic purposes, and/or for similar temporary use and/or occupancy. Such temporary certificates shall be for the period of time to be determined by the Zoning Administrator, in no case for a period exceeding six months.

N. Certificate contents. The certificate of use and occupancy shall certify compliance with the provisions of this chapter or, if a lawfully existing nonconforming use, building or structure, it shall state wherein the use, building or structure is nonconforming.

O. Right of entry. In the discharge of his/her duties, the Zoning Administrator or his/her authorized representative shall have the authority to enter at any reasonable hour any building, structure or premises to enforce the provisions of this chapter.

P. Previous approvals. Nothing in this chapter shall require changes in the plans, construction or designated use of a building, structure and/or lot for which a lawful permit has been issued or otherwise lawfully authorized before the effective date of this chapter and the construction or use of which shall have been actively prosecuted within 14 days after the effective date of this chapter. Any construction or use for which such permit has been issued or otherwise lawfully authorized, which has not been actually prosecuted within the above time limit, shall be required to conform with the regulations and provisions of this chapter.
Application Fee
The fees charged for the issuance or copy of a certificate of use and occupancy shall be collected at the time of application, as provided in § 285-36: Certificate of occupancy.