Chapter 29 ZONING*
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
No permit for
excavation for any building shall be issued before application has been made for a certificate of
(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
, 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
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)