An occupancy permit shall be required prior to the occupancy and use of any and all buildings or real property located in a commercial or industrially zoned district, or in areas designated within HUD zoning districts for commercial or industrial use, or the common areas and management offices associated with multifamily uses, or places of assembly, including but not limited to churches, public schools, and community buildings, regardless of the zoning district in which they are located.
(2001 Code, sec. 4.301)
The procedures and requirements set out in this article shall be established for the approval and issuance of occupancy permits.
(2001 Code, sec. 4.302)
(a) 
An application for an occupancy permit shall be submitted prior to the intended occupancy of the premises.
(b) 
The following information shall be provided by the applicant. If this information is not provided, the application will be considered incomplete and will not be processed.
(1) 
The name, address, and phone number of the applicant;
(2) 
The name and address of the property owner and the property owner’s phone number;
(3) 
The name, address, and phone number of the business owner;
(4) 
The name of the business;
(5) 
Full disclosure of the intended use of the building and/or property;
(6) 
The address and/or legal description of the property for which the occupancy permit is being requested;
(7) 
The square footage of the building;
(8) 
The number of employees per shift;
(9) 
Chemicals used under SARA title III;
(10) 
Certification by signature on the application that the applicant will not, nor will they permit any other person or persons to, use the described property for any other purpose than that stated on the occupancy permit and that the use of the property will be in conformance with all applicable city ordinances and state, federal and county law;
(11) 
Retail sales permit, if required under state law.
(c) 
Each occupancy permit application shall be accompanied by a fee as provided for in the fee schedule found appendix A of this code.
(d) 
The date of acceptance of the application will be the date on which the city manager or his appointee determines that the application is complete and the requirements of the zoning district are met.
(2001 Code, sec. 4.303)
The connection of temporary utility service for the purpose of cleanup or property improvements or alterations may be authorized by the city manager or his appointee upon the recommendation of the building official, for a fifteen-day period beginning with the date of acceptance of the application.
(2001 Code, sec. 4.304)
(a) 
Review of application.
On or after the date of acceptance of the application, the application will be reviewed by the city building official or his appointee, the city fire chief or his appointee, and the city ordinance officer or his appointee. The Tarrant County health department will be advised of all applications and be given an opportunity to determine whether or not an inspection is warranted. Other city departments or state, federal or county agencies may be asked to review the application, as warranted by the nature of the business or type of residential occupancy for which application is made.
(b) 
Inspections.
The city fire and building departments shall be provided access to the property for a physical inspection of the premises to assure adherence to the requirements of the International Fire Code and the International Building Code and associated trade codes. Access to the property for a physical inspection of the premises shall be given to the Tarrant County health department, the city police department, and any other city department, or state, federal or county agency, if such inspections are warranted by the nature of the business or type of occupancy for which application is made.
(c) 
Failure to make premises available for inspection.
It is the responsibility of the applicant to make the premises available for inspection during regular working hours by all applicable departments or agencies. Failure to do so within fifteen calendar days of the date of acceptance of the application will result in the voiding of the application and the requirement to reapply and pay a fee provided for in the fee schedule found in appendix A of this code.
(d) 
Proof of valid permits, licenses and certificates.
The applicant must have all federal, state, county and city permits, licenses, and/or certificates that pertain to the use stated in the occupancy permit application.
(e) 
Failure to pass inspections.
If the building or land does not pass all applicable inspections, an occupancy permit will not be issued.
(2001 Code, sec. 4.305; Ordinance adopting Code)
Upon authorization by the city manager or his appointee, and for good cause shown, the application for an occupancy permit and temporary services may be continued for an additional fifteen days beyond the original date of acceptance of the application while compliance is sought.
(2001 Code, sec. 4.306)
An occupancy permit will be issued to the applicant by the city manager or his appointee when all of the requirements of this article, and any other city, state, county or federal requirements which pertain to the use of the property for which application has been made, have been met.
(2001 Code, sec. 4.307)
Valid occupancy permits issued prior to the effective date of the ordinance codified in this article will remain in effect until such time as the use of the property for which the permit was issued ceases to operate, or there is a change of ownership of the business, or a change in use. Subsequent occupancy permits will not be issued until the requirements of this article are met. Occupancy permits issued prior to the effective date of the ordinance codified in this article which are found to be invalid under the terms of section 4.02.009 are subject to revocation.
(2001 Code, sec. 4.308)
(a) 
The city manager or his appointee may, in writing, suspend or revoke an occupancy permit whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or any portion thereof is in violation of any ordinance or regulation. Occupancy permits which are subject to revocation under the terms of this subsection are invalid occupancy permits.
(b) 
A decision by the city manager or his appointee to revoke an occupancy permit because it was issued in error may be appealed to the city council.
(2001 Code, sec. 4.309)
The certificate of occupancy shall be posted in a conspicuous place on the premises.
(2001 Code, sec. 4.310)
(a) 
Businesses which demonstrate continuous operation from prior to the July 5, 1977 will be exempt from the conditions of this article until such time as the business closes, changes ownership, expands, or relocates. At such time, an occupancy permit must be secured under the terms of this article. Such businesses must register with the city within thirty days of the effective date of the ordinance codified in this article, and will be asked to voluntarily comply with the terms of this article. The fee will be waived for these businesses.
(b) 
Residences, regardless of the zoning district in which they are located, are exempt from the terms of this article.
(2001 Code, sec. 4.311)
If all the provisions of this article are not met, an occupancy permit will not be issued and city services, such as, but not limited to, water, sewer, and sanitation, will not be permitted to be used on or connected to the premises.
(2001 Code, sec. 4.312)
Any person found guilty of violation of the provisions of this article is guilty of a misdemeanor and shall, upon conviction thereof, be fined in accordance with the general penalty provision found in section 1.01.009 of this code. Each and every day of a violation of the provisions of this article shall be deemed a separate offense.
(2001 Code, sec. 4.313)