Forest Hill City Zoning Code
Division 14
Certificates of Occupancy
§ 9.02.371 Certificates of occupancy.
(a)
Required.
(1)
Certificates of occupancy shall be required for any of the following:
(A)
Occupancy and use of a building hereafter erected or structurally altered.
(B)
Change in use of an existing building to a use of a different classification.
(C)
Change in owner of use of structure, even should use remain the same.
(D)
Occupancy and use of vacant land, except agricultural use.
(E)
Change in the use of land to a use of a different classification.
(2)
Use or occupancy, or allowing the use or occupancy, of such building without having obtained a certificate of occupancy as required herein shall be deemed a violation of this article and shall be punishable by fine.
(3)
No single structure or property may be issued more than one (1) certificate of occupancy except where the building or property is so situated as to allow for multiple tenants.
(b)
Contents.
Every certificate of occupancy shall state that the buildings or the proposed use of a building of land complies with all provisions of law. A record of all certificates of occupancy shall be kept in file in the office of the building inspector or his agent and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.
(c)
Temporary certificate.
Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector for a period not exceeding three (3) months, during the completion of alterations for during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this article.
(d)
Certificates for nonconforming uses.
A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this article. Application for such certificate of occupancy for a nonconforming use shall be filed with the building inspector, by the owner, or lessee of the building or land occupied by such nonconforming use within one (1) year of the effective date of this article. It shall be the duty of the building inspector to issue a certificate of occupancy for a lawful nonconforming use, but failure to apply for such certificate of occupancy for a nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of this article.
(e)
Certificate of zoning compliance for nonconforming uses.
(1)
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its uses or structure until a certificate of zoning compliance shall have been issued therefor by the zoning administrator stating that the proposed use of the building or land conforms to the requirements of this article.
(2)
No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the zoning administrator. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this article, provided that upon enactment or amendment of this article, owners or occupants of nonconforming uses or structures shall have three (3) months to apply for certificate of zoning compliance. Failure to make such application within three (3) months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this article.
(3)
No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this article upon completion of the work.
(4)
A temporary certificate of zoning compliance may be issued by the zoning administrator for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.
(5)
The zoning administrator shall maintain a record of all certificates of zoning compliance, and copies shall be furnished upon request to any person.
(6)
Failure to obtain a certificate of zoning compliance shall be a violation of this article and punishable by fine.
(Ordinance 2016-03-001, sec. 2 (64-281), adopted 3/15/16)