No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the city manager or his designee. A building permit shall not be issued except in conformity with the provisions of this chapter, unless otherwise authorized by the board of adjustment in the form of a variance or special exception as provided in section 30.02.116. A building permit shall not be issued until the property is properly zoned for the intended use, until the property is platted in accordance with chapter 28, regarding subdivisions, and all appropriate plans have been approved by the city, including, but not limited to, a construction or final plat, a detailed plot/tract plan, a final site plan, landscaping and facade and elevation plans, building structural plans, drainage, grading, engineering, etc.
(2006 Code, sec. 86-171; Ordinance 04-05-610, sec. 11.1, adopted 5/17/04)
Failure of an applicant or any of his agents, representatives or contractors to erect, construct, reconstruct, alter, use or maintain any building, structure or premises in conformance with the approved plans upon which a building permit was issued, when such failure constitutes a violation of any provision of this chapter, shall render such building permit void, and the city manager, or his designee, is hereby authorized and directed to revoke any such permit by giving written notice to the applicant or his agent or representative, and all work upon such building, structure or premises shall be immediately discontinued until such building, structure or premises shall be brought into conformance with the approved plans and with all applicable provisions of this chapter.
(2006 Code, sec. 86-172; Ordinance 04-05-610, sec. 11.2, adopted 5/17/04)
(a) 
Required.
A certificate of occupancy shall be required for any of the following:
(1) 
Occupancy and use of a building hereafter erected or structurally altered;
(2) 
Change in use of an existing building to a use of a different classification; and
(3) 
Change in the use of land to a use of a different classification.
(b) 
Issuance; application fee.
No such use, or change of use, shall take place until a certificate of occupancy therefor shall have been issued by the city manager or his designee. The application fee for a certificate of occupancy shall be as set forth in the currently adopted city fee schedule as printed in appendix A to this code.
(c) 
Records.
A record of all certificates of occupancy shall be kept on file in the city manager’s office, or his designee’s office, and copies shall be furnished upon request to any person in accordance with state laws governing public records.
(d) 
Procedure for new or altered buildings.
Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued after the city manager, or his designee, orders the building or structure inspected and finds no violations of the provisions of this chapter or other regulations which are enforced by the city manager, or his designee. Said certificate shall be issued by the city manager, or his designee, after the erection or alteration of such building or part thereof has been completed in conformity with all applicable provisions of this chapter.
(e) 
Procedure for a change in building use.
Written application for a certificate of occupancy for the use of or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to the city manager, or his designee. If the proposed use is found to be in conformity with the provisions of this chapter, the certificate of occupancy shall be issued after the application for same has been made and all required inspections are completed and approved by the city manager or his designee.
(f) 
Contents of certificate of occupancy.
Every certificate of occupancy shall contain the following:
(1) 
Building permit number;
(2) 
The address of the building;
(3) 
The name and address of the owner;
(4) 
A description of that portion of the building for which the certificate is issued;
(5) 
A statement that the described portion of the building has been inspected for compliance with the requirements of the city’s building codes for the particular group and division of occupancy;
(6) 
The name of the city manager, or his designee;
(7) 
Uses allowed;
(8) 
Maximum number of persons/occupants; and
(9) 
Issue date of certificate of occupancy.
(g) 
Posting of certificate of occupancy.
The certificate of occupancy for all commercial buildings shall be posted in a conspicuous place on the premises and shall not be removed except by the city manager, or his designee.
(h) 
Revocation of certificate of occupancy.
The city manager, or his designee, may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this chapter 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 portion thereof is in violation of any ordinance or regulation or any of the provision of this chapter or the building code and other codes adopted by the city, and any amendments thereto.
(2006 Code, sec. 86-173; Ordinance 04-05-610, sec. 11.3, adopted 5/17/04)
Nothing contained herein shall require any change in the plans, construction or designated use of a building, the foundation for which has been completely constructed as of May 27, 2004, and the remaining construction of which shall have been completed within one year following May 27, 2004. In addition, any nonresidential building or structure for which a building permit has been approved by the city not more than one year prior to May 27, 2004, may be constructed according to the terms of that building permit.
(2006 Code, sec. 86-174; Ordinance 04-05-610, sec. 11.4, adopted 5/17/04)