Woodland Park City Zoning Code
§ 22-50.2
Certificates of Occupancy.
a.
When Required. No land shall be occupied or used and no building hereafter shall be occupied or used in whole or in part for any purpose whatsoever until a Certificate of Occupancy shall have been issued by the Zoning Officer, or if such be the case, a Temporary Certificate of Occupancy issued pursuant to paragraph e. hereof.
In addition, a Certificate of Occupancy shall also be required under the following circumstances:
1.
Prior to the rental, lease, sale or transfer of residential rental property involving a new occupancy or a new tenant of any unit of dwelling space in such property.
2.
Prior to the rental, lease, sale, exchange or transfer of any nonresidential property involving a new owner, a new occupancy or a new tenant.
The Certificate of Occupancy shall not be issued until the land, use, building, structure or premises complies with all the provisions of this subsection, all other applicable Borough and State requirements, and if involved, with such conditions that have been required by any site plan approval. When issued, the Certificate of Occupancy shall state that such compliance has been achieved.
The fee as prescribed in subsection 22-50.2b for the Certificate of Occupancy shall be paid at the time any transfer, lease or sale or permit is filed with the Zoning Officer. After compliance by the applicant with any other such conditions or requirements as may be imposed by such other appropriate municipal body, Board or Officer, application for the issuance of a Certificate of Occupancy shall be made to the Zoning Officer and the Certificate of Occupancy shall be issued or denied within ten (10) days.
b.
Conditions. A Certificate of Occupancy shall specify the use of the land or buildings and any circumstances or conditions imposed by any agency, code or regulations. Any change in use, including a change from one permitted use to another kind of permitted use in the same zone, as well as any change in tenancy in the nonresidential zones or in a nonconforming use in residential zones which in the opinion of the Zoning Officer changes, alters, or enlarges the previous use or which will adversely affect drainage, traffic, parking, ingress and egress, paving, landscaping or necessitate review or similar considerations under the site plan review requirements will be treated as a new use and a new Certificate of Occupancy shall be required.
In any event, under this subsection, the Certificate of Occupancy for an area of a building which area is greater than five thousand (5,000) square feet shall only be issued with approval of the Planning Board upon application through the Zoning Officer and payment of a fee of one hundred fifty ($150.00) dollars.
Prior to the issuance of a Certificate of Occupancy for the change in use, all provisions of this section shall be complied with in the same manner as if the new use or tenancy were a new structure or a new use of land.
When there is a change in use of premises within the meaning of this subsection, the owner shall notify the Zoning Officer by letter all details of the proposed change. He shall advise the owner within ten (10) days, if, in his opinion, the facts require a Certificate of Occupancy. If not so notified, the owner may undertake to use the premises for the new use.
c.
Prerequisite of Issuance. No Certificate of Occupancy may be issued by the Zoning Officer until he has ascertained that all requirements of this subsection, any other applicable Borough or State regulations, Board of Adjustment Order, Borough Council Order, Borough Engineer Order, or site plan approval by the Planning Board are fully met. All improvements as shown on the site plan must be installed at the time of issuance of the Certificate of Occupancy.
d.
Temporary Certificate of Occupancy for Nonresidential Uses for Up to Ninety (90) Days. In the event an applicant for any nonresidential use is unable to fully comply with all of the requirements for a permanent Certificate of Occupancy as outlined above, due to weather conditions or other forces beyond his control, he may apply for a Temporary Certificate of Occupancy. For the purpose of administering this subsection, occupancy is defined as the use of any equipment or machinery (other than construction machinery not considered part of the building), or the storage of product, merchandise, raw material or other personal property; or the use of a structure other than by those engaged in its construction.
1.
Applications for a Temporary Certificate of Occupancy shall be made on a form provided by the Zoning Officer. Applications shall be made fifteen (15) days prior to the desired issuance date of the Certificate. Each application shall be accompanied by the appropriate fee.
2.
After receipt of an application for a Temporary Certificate of Occupancy, the Zoning Officer shall make an inspection of the building and site in question. If the Zoning Officer finds that the applicant is unable to comply with all of the requirements for a Permanent Certificate of Occupancy for reasons as outlined in the first paragraph of paragraph d. hereof, he may issue a Temporary Certificate of Occupancy for a period of thirty (30) days provided all of the following requirements are met:
(a)
The building is substantially completed, fully enclosed to all natural elements, and in all respect ready to accommodate the proposed use and meets the requirements of the Uniform Construction Code.
(b)
As required by the season, heating and/or ventilating systems are in working order and meets the requirements of the Uniform Construction Code.
(c)
The building shall have sanitary facilities installed and usable and approved by the Health Officer.
(d)
All combustion equipment and fire protection systems shall have approval of the Bureau of Fire Prevention.
(e)
The rough electrical installation has been inspected and accepted by the Fire Underwriters or other appropriate agency and meets the requirements of the Uniform Construction Code.
3.
The Zoning Officer shall have the authority to extend the Temporary Certificate of Occupancy for a period thirty (30) days upon receipt of an application for renewal and payment of an additional fee. This application and the action taken shall be as permitted and regulated in paragraphs d1 and d2 hereof.
4.
The Zoning Officer shall have the authority to issue a second renewal for a 30-day period upon receipt of an application and payment of the appropriate fee in accordance with the requirements of paragraph d1 and d2 hereof.
5.
In no case shall the Zoning Officer issue a Temporary Certificate of Occupancy for a period to exceed thirty (30) days nor shall be renew a Certificate more than twice as regulated above. Temporary Certificates of Occupancy issued under this subsection are limited to a maximum of ninety (90) days.
e.
Temporary Certificate of Occupancy for Longer than Ninety (90) days. It is recognized that under extreme circumstances, a temporary Certificate of Occupancy may be required for a period beyond the ninety (90) days as above regulated. In such event the applicant shall file with the Zoning Officer a request for a Temporary Certificate of Occupancy prior to the expiration of the second renewal as outlined in paragraph d4 hereof. This application shall be made sufficiently early to be referred to the Planning Board for consideration at a regular public meeting of the Planning Board, but in no case less than fourteen (14) days before such meeting. All requirements of paragraphs d1 and d2 hereof shall be complied with. The Borough Engineer will estimate the cost of completing all conditions of site plan approval. The applicant shall post a completion bond for the amount determined by the Borough Engineer with the Borough Clerk. If the bond is other than cash, a five hundred ($500.00) dollar cash escrow account will be deposited with the Borough Clerk, which shall be forfeited and used to defray the cost of collecting the completion bond if the applicant fails to comply with all of the site plan requirements within the time limits set forth on the Temporary Certificate of Occupancy issued under this subsection. A Temporary Certificate of Occupancy requiring the posting of a bond, as set forth in this subsection, shall not be issued by the Zoning Officer without approval of the Planning Board.
f.
Maximum Period for Any Temporary Certificate of Occupancy. Notwithstanding any other provisions of this subsection, a Temporary Certificate of Occupancy shall not extend for a period longer than twelve (12) months from the date of original issuance, as regulated in this subsection.
g.
Records and Fees. It shall be the duty of the Zoning Officer to keep a record of all applications for Certificates of Occupancy and of all such permits and Certificates issued, with a notation of all special conditions involved. He shall file and safely keep copies of all plans and specifications submitted with such applications, and the same shall form a part of the records of his office and shall be available to all officials of the Borough. Copies of Certificates of Occupancy shall be furnished upon request to any person having a proprietary or leasehold interest in the structure or land affected, upon payment of the appropriate fee.