Berkeley City Zoning Code
ARTICLE V
Permits
Section 400.430 Permits - in General.
[CC 1961 §23.17; Ord. No. 2974 §23.17, 6-20-1988]
Procedures for seeking various permits are available from the Director of Public Works. Such permits include commercial/industrial building permit; dish/antenna permit; alteration/ addition/rehabing permit; residential occupancy permit; commercial occupancy permit; residential building permit; special use permit; subdivision of land permit; sign permit; fence permit; and rezoning. The following is a detailed account of the occupancy permit procedures.
Section 400.440 Certificate of Occupancy.
[CC 1961 §23.17.1; Ord. No. 2974 §23.17.1, 6-20-1988; Ord. No. 3307 §1, 11-7-1994; Ord. No. 3570 §1, 7-15-2002; Ord. No. 3892 §1, 3-15-2010]
A.
It shall be unlawful for any person, firm or corporation to hereafter occupy or for any owner or agent thereof to permit the occupation of any building, or addition thereto, or part thereof, for any purpose until a certificate of occupancy has been issued by the Director of Public Works. Where a building is divided by unpierced walls, a certificate of occupancy shall be required for each unit thereof. The Director of Public Works shall not issue a certificate of occupancy until the premises for which application is made complies with the requirements of all applicable zoning regulations, building regulations, and health regulations, and all applicable service charges, fees, and taxes have been paid in full.
1.
Applicability. This Section shall not apply to any occupancy in existence at the time of the adoption of this Article until a change of occupancy occurs.
2.
Content of occupancy permit. The occupancy permit shall contain such information as is determined by the Director of Public Works to be relevant to the enforcement of this Section including names, ages, relationships and number of occupants who will occupy the premises. It shall be unlawful for any person to knowingly make any false statement in his/her application for an occupancy permit.
3.
Reporting change of occupancy. Every building in which a change of occupancy is to occur must be reported by the owner to the Department of Public Works so that an enforcement official may inspect the structure according to the provisions of this Section. All real estate brokers and agents and similar businesses and owners of multiple-family dwelling units shall report each dwelling unit which is to change occupancy as in this Section defined to the Department of Public Works so that an enforcement official may inspect the structure according to the provisions of this Section. The inspection must be completed and a compliance letter issued by the enforcement official within ninety (90) days prior to the issuance of the certificate of occupancy. Failure to register or make a report of a change of occupancy shall constitute a violation of this Section, and the person and/or firm responsible for the failure shall be subject to the penalties of this Chapter.
[Ord. No. 4372 §§ 1 — 4, 4-3-2017]
4.
Appeal on a certificate of occupancy denied. Any person who is aggrieved by a decision of the enforcement official regarding minimal maintenance required prior to the issuance of a certificate of occupancy may appeal his/her decision to the Building Board of Appeals utilizing the procedures outlined in Section 500.170 of the Municipal Code. Such notice of appeal shall be filed within ten (10) days from the date of requirement to comply.
5.
Conditional occupancy permit. A conditional occupancy permit may be issued by the Director of Public Works if, in his/her judgment, any deficiencies in structure or premises covered by this Section would not seriously endanger the health or safety of the occupants of the community and provided that the owner or occupant makes an affidavit stating that he/she will correct deficiencies within a specified time and thus bring the structure into compliance with the provisions of this Section. The applicant may then occupy the structure while repairs are being made. At such time as the structure complies with all the provisions of this Section, an occupancy permit will be issued as provided above.[1]
[1]
Editor's Note: Former Subsection (A)(6), Fee, which immediately followed this subsection, was repealed 3-2-2015 by §1 of Ord. No. 4198.
Section 400.450 Application for Certificate of Occupancy.
[CC 1961 §23.17.2; Ord. No. 2974 §23.17.2, 6-20-1988]
No permit for the excavation for, or the erection or alteration of any building shall be issued before the application has been made for a certificate of occupancy and compliance, and no building or premises shall be occupied until that certificate and permit are issued.
Section 400.460 Certificate of Occupancy for Non-Conforming Uses.
[CC 1961 §23.17.3; Ord. No. 2974 §23.17.3, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
A certificate of occupancy shall be required of all non-conforming uses of land or buildings created by the passage of these zoning regulations. Application for such certificates of occupancy for non-conforming uses shall be filed with the Director of Public Works by the owner or lessee of the land or building occupied by such non-conforming use within two (2) years from the date of adoption of this Chapter. It shall be the duty of the Director of Public Works to issue a certificate of occupancy for a non-conforming use upon the filing of an application for the same.
Section 400.470 Plats.
[CC 1961 §23.17.4; Ord. No. 2974 §23.17.4, 6-20-1988]
Each application for a building permit shall be accompanied by a plat in duplicate in a form and size suitable for permanent filing and drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of this Chapter. The property shall be surveyed by a recognized surveyor. A record of the applications and plat shall be kept in the office of the Director of Public Works.