18.40.210 Certificate of Occupancy
Purpose: the certificate of occupancy provides for the review of structures and buildings constructed at the end of the permitting process (such as those with a rezoning, site development plan or plat approval) or that occupy existing buildings. This ensures that the proposed use complies with the zoning regulations, and that the use and development complies any conditions established at earlier stages of the approval process and this title.
A. Applicability
1. A certificate of occupancy is required for:
a. The occupancy of any new or existing building or structure, or
b. any change in the character or use of land or of a building, including any change in the character of an existing single-family and two-family dwelling. (Ord. 09-23 § 6, 2009)
2. Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued to be valid for a period not to exceed one (1) year. This term may be extended by mutual consent of the applicant and City. (Ord. 09-23 § 6, 2009; Ord. 02-54 § 2, 2002)
B. Initiation
Applications for certificates of occupancy are submitted to the building official.
C. Completeness Review
See § 18.40.040 Completeness Review.
D. Decision
1. The building official shall process the application for a certificate of occupancy as provided in the Building Code.
2. The certificate of occupancy must be signed by the Planning Official certifying that the building or use complies with all regulations of this title and any applicable conditions of approval.
E. Approval Criteria
The building official shall approve the certificate of occupancy if it complies with:
1. all applicable requirements of this title; and
2. all applicable requirements of the Municipal Code, including the Building Code and Fire Code; and
3. any conditions of any currently applicable and unexpired rezoning, special use permit, site development plan, variance, or appeal that apply to the property. If any of these prior approvals have expired, the applicant must obtain a new approval before applying for a building permit application.
F. Subsequent Applications
There is no limit on reapplying for a certificate of occupancy after it is denied.
G. Scope of Approval
A certificate of occupancy authorizes the occupancy of a building or structure as shown in the approved application.
H. Recordkeeping
The Planning Official will maintain a record of approved certificates of occupancy. The applicant must maintain a copy of the approved certificate of occupancy, including any attachments.