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MapLink™ | Procedures | Certificates of Occupancy

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Certificates of Occupancy
A. No structure or land or any part thereof shall hereafter be occupied or used or changed to another use until a certificate of occupancy shall have been issued by the Building Inspector, certifying that this chapter has been complied with in full, including any limitations or conditions attached to any special use permit, site plan approval or variance for the property covered by the certificate of occupancy. The Building Inspector shall issue a certificate of occupancy within 10 days after a request for the same shall have been filed in the Building Inspector's office by an owner or the owner's agent

B. The Building Inspector may issue a temporary certificate of occupancy for the period up to one year, if only a portion of a structure or land use is completed at the time the request for a certificate is made or if minor noncompliances exist at such time which can be corrected without impairing the use of the structure or land. In this case, the Building Inspector shall list all noncompliances and set a date by which they shall be corrected. A temporary certificate of occupancy may be renewed for periods up to six months if sufficient cause has been shown to the Building Inspector to warrant such an extension.

C. A certificate of occupancy issued for the structure or use subject to a variance permitted by the Zoning Board of Appeals shall include a description of such variance and any conditions under which such variances were granted and shall further specify whether or not such variance constitutes a nonconformity.

D. A certificate of occupancy issued for a structure or use permitted as a special permit use after approval by the Plan and Zoning Commission shall include any conditions under which such special permit use was granted.

E. Upon written request from the owner or the owner's agent, the Building Inspector shall issue a certificate of occupancy for any structure or premises existing at the time of enactment of this chapter, certifying that the structure and the extent and kind of use made of the structure and premises comply fully with the provisions of this chapter. Wherever a nonconforming structure or use exists, the nonconformity shall be noted on the certificate of occupancy. Said nonconformity shall have been registered as required in § 177-37F before a certificate of occupancy shall be issued. Wherever the structure or use is subject to any limitations or conditions, they shall be noted on the certificate of occupancy.

F. A record of all certificates shall be kept on file in the office of the Building Inspector, and certified copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected, upon payment of the required fee.

G. The Building Inspector may require evidence of continuing compliance from the owner of all structures and uses for which certificates of occupancy have been issued. The Building Inspector shall make periodic inspections of all structures and land uses for which permits have been issued under site plan approval, special use permit or special development district plan to determine continuing compliance. If the owner refuses to furnish said evidence or if compliance with said permit has not continued, the Building Inspector shall proceed according to § 177-48B and, in addition thereto, may revoke said permits and certificates upon 15 days' written notice to said owner or permit holder; provided, however, that said owner or permit holder may appeal said revocation order to the Zoning Board of Appeals within said 15 days, and said revocation order shall be stayed until the decision of the Zoning Board of Appeals.