[Ord. No. 2006-1501 §4, 5-16-2006]
A.
General Requirements. No change shall be made in the use
or occupancy of any land or any building in whole or in part for any
purpose whatsoever other than a change in occupancy of any single-family
dwelling and no new, reconstructed or altered building shall be used
or occupied in whole or in part for any purpose whatsoever, until
the person or entity proposing to become the user or occupant shall
have applied for and shall first have been issued a certificate of
occupancy by the Building Commissioner with respect to each such use
or occupancy.
B.
Records. Record of all certificates of occupancy shall be
kept on file in the office of the Building Commissioner and Zoning
Administrator and copies shall be furnished on request to any person
or entity having an ownership or tenancy interest in the land or building
affected by such certificate of occupancy.
[Ord. No. 2006-1501 §4, 5-16-2006]
A.
Application. Application for a certificate of occupancy
shall be filed by the owner of the property if such user and occupant
shall be the owner or person(s) or entity(ies) authorized by the owner
by written contract or notarized affidavit if the person or entity
proposing to become such user and occupant shall be other than the
owner. Each such application shall reasonably demonstrate the identity
and address of the proposed user and occupant, the nature of the requested
use and occupation, the products or services to be offered from the
premises, the size of the premises and compliance with all applicable
restrictions and guidelines of the City.
B.
Review Of Proposed Use. Prior to and as a condition of issuing
any requested certificate of occupancy, the Zoning Administrator shall
consider the nature, character and scale of the proposed use and,
for uses other than single-family dwellings, hours of operation, traffic
generation, available on-site parking, lighting, noise, odor, smoke
and similar matters and advise the Building Commissioner whether the
proposed use:
1.
Is permitted
under the City's land use ordinances;
2.
Is not
reasonably likely to have a negative impact on public health, safety
and welfare;
3.
Is not
reasonably likely to have a negative impact on nearby properties or
other occupants within the same complex or subdivision, as the case
may be; and
4.
Will
be compatible with the use of, and will not be detrimental to the
value of, such properties, complex or subdivision, as the case may
be. The Zoning Administrator may request any additional information
deemed necessary for determination of the use and fitness of the premises
for occupancy.
C.
Inspection Of Buildings And Premises. The certificate of
occupancy shall not be issued until the premises have been inspected
and the Building Commissioner has determined that:
1.
All
construction contemplated by any building permit issued with respect
to the premises or otherwise reasonably necessary for the safe and
secure use and occupancy of the premises has been completed;
2.
The
premises are ready for occupancy;
3.
The
proposed use and any buildings and improvements associated with the
proposed occupancy comply in all respects with the provisions of this
Chapter and all applicable building, health, safety and other codes,
including other provisions of the Code of Ordinances of the City of
Frontenac; and
D.
Issuance. Upon verification of the application content and
subject to compliance with all applicable requirements, the Building
Commissioner shall, within fifteen (15) business days of such verification,
issue a certificate of occupancy.
E.
Denial Of Application. If a certificate is refused, the Building Commissioner shall, at the further written request of the applicant, provide the applicant a written report stating for what reason(s) the change in use or occupancy does not meet the stated criteria within ten (10) business days of such written request. The applicant may appeal any such denial by the Building Commissioner to the Board of Adjustment in accordance with Chapter 405, Article VII of the Code of Ordinances of the City of Frontenac.
[Ord. No. 2006-1501 §4, 5-16-2006]
A.
Upon the request of any applicant under Subsection (A) of Section 507.020, a temporary certificate of occupancy may be issued to the extent all requirements for the issuance of a certificate of occupancy under Section 507.020 have been met except for insubstantial "punchlist" construction items which are of a temporary nature, which are not structural, which do not involve installations of stormwater facilities or utilities and which do not affect the safety or security of, access to or use of the premises. The Building Commissioner shall determine whether the request meets the standards for a temporary certificate of occupancy and, if so, then the Building Commissioner may issue such a temporary certificate of occupancy for a building or part thereof before the entire work covered by the building permit shall have been completed, effective only for a period of four (4) months from the date of issuance (or such shorter period as the Building Commissioner may determine and specify at the time of issuance), provided that:
1.
The
applicant requesting the certificate of occupancy shall provide a
cash surety bond in the form of cash, cashier's check or certified
check in the amount equal to one hundred fifty percent (150%) of the
cost of completion of the remaining exterior construction work and
site restoration work as per the approved plans and specifications
filed with the Building Commissioner.
2.
The
Building Commissioner shall establish a date by which the incomplete
work is to be completed. Exterior and interior building construction
work is to be completed in any event within thirty (30) days. Site
restoration work is to be completed in any event within four (4) months.
If the applicant fails to fully complete any portion of the work and
comply with all applicable requirements by the applicable date(s),
the temporary occupancy permit shall be revoked, the occupancy of
the premises shall cease and an order shall be issued for vacation
of the premises. In such event, the cash bond shall be forfeited and
the City shall have the right (but not the obligation) to use proceeds
and recoveries from the bond to complete the exterior components of
the construction work and the site restoration work in accordance
with the approved plans and specifications and applicable building,
health, safety and other codes. Any excess costs beyond proceeds and
recoveries from the bond to be paid to the City shall be borne by
the applicant.
In the event the applicant fully completes the work and complies
with all applicable requirements by the applicable date(s), the bond
shall be returned upon issuance of a certificate of occupancy.
3.
No temporary
certificate of occupancy shall be issued unless and until all outstanding
bills owed to the City which were generated through the application
review, approval and inspection of the premises have been paid in
full to the City and any other applicable requirements under the Code
of Ordinances of the City of Frontenac not contained in this Chapter
have been met.
[Ord. No. 2006-1501 §4, 5-16-2006]
Any person or entity who shall use or occupy any land or building,
in whole or in part, in violation of any provision of this Chapter
or otherwise fails to comply with any of the requirements of this
Chapter shall be guilty of an ordinance violation punishable of a
fine of not less than one hundred dollars ($100.00) and not more than
one thousand dollars ($1,000.00) or by imprisonment not exceeding
ninety (90) days, or both such fine and imprisonment. Each day that
a violation continues after due notice has been served shall be deemed
a separate offense.
