Section 29-37 Certificate of occupancy.


    (a) Vacant Land. No vacant land shall be occupied or used except for agricultural uses, and no building hereafter erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the director of community development.  No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy.

    (b) Certificate of Occupancy. A certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of this chapter. A record of all certificates shall be kept on file in the office of the director of community development , and copies shall be furnished on request to any person having proprietary or tenancy interest in the building affected.

    (1)    Certificate of occupancy for buildings. A certificate of occupancy for a new building or the alteration of an existing building shall be applied for in writing coincident with the application for a building permit, and shall be issued within ten (10) days after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the director of community development for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of the premises, or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.

     (2)    Certificate of occupancy for child care facilities. All existing family day care homes, day care centers, preschool centers, nursery schools, child play centers, child education centers, child experiment stations or child development institutions, shall, within forty-five (45) days from the passage of Ordinance No. 9958, make application for a certificate of occupancy. Accompanying the application shall be an affidavit, duly notarized, showing the date such use was established, the number of children in the home, the name of the owner and or operator, a brief description of the property, and shall show evidence that application has been made for the state operating license. All family day care homes, day care centers, etc., existing or established in violation of section 29-6 hereof, or in violation of other ordinances of the city shall, within forty-five (45) days from the adoption of Ordinance No. 9958, comply with the requirements of section 29-6 or make application to the board for a special use permit to continue such use.

    (3)    Certificate of occupancy for land. A certificate of occupancy for the use of vacant land, or the change in the character of the use of land as herein provided, shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within ten (10) days after the application has been made, provided such use is in conformity with the provisions of this chapter.

    (4)    Certificate of occupancy for a nonconforming use. A certificate of occupancy shall be required for all nonconforming uses. Application for certificate of occupancy for nonconforming uses shall be filed within twelve (12) months from the effective date of Ordinance No. 9958, accompanied by affidavits of proof that such nonconforming use was not established in violation of this chapter.

(Code 1964, § 19.301; Ord. No. 9958, § 1, 10-3-83; Ord. No. 21095, § 13, 9-19-11)


(Ord. 21095, Amended, 09/19/2011, Prior Text)