§ 46-78. Occupancy permit required.

(a)

For all current or future uses of land or improvements thereon, no land shall be occupied, used or developed; no building or premises shall be erected, altered, moved or substantially improved or its principal or accessory uses changed; no nonconforming use shall be maintained, renewed, changed or extended; and no occupancy or tenancy may be changed until an occupancy permit, including such permit required in accordance with section 46-1086(c), has been issued by the building inspector. An occupancy permit shall be required for new home occupations or professional home offices. Once issued, an occupancy permit does not have to be renewed, but a new occupancy permit for a new owner or tenant of any residence with a home occupation or professional home office or of any nonresidential land improvement must be obtained before a new, different or additional principal or accessory use can occur.

(b)

An occupancy permit shall not be required under the circumstances described in subsection (a) of this section for all present or future residential uses, except that a change from a residential use (as principal use) to any other type of principal use or a change in the type of home occupation or professional home office use shall require an occupancy permit, and an occupancy permit shall be required for all activities requiring a building permit under chapter 18 of this Code or sections 46-76 and 46-1086(c).

(c)

An occupancy permit shall be issued by the building inspector based upon compliance with all provisions of this Code.

(d)

Application for occupancy permit shall be made in the same manner as for a building permit pursuant to section 46-76. Such application shall include a plan of operation naming every nonresidential occupant and describing every principal and accessory use in detail, including (among other information that may be reasonably requested by the building inspector):

(1)

Hours and days of operation;

(2)

Number of full-time and part-time employees on the site during each shift;

(3)

Typical number of customers/clients/visitors on the site each day;

(4)

Number of parking spaces anticipated to be occupied by employees, customers, clients, visitors, suppliers and any others on a typical day;

(5)

Nature of items typically delivered to or shipped from the site and the typical methods (i.e. semi truck, truck, van, etc.) and times of shipment to or from the site and location on the site where loading and unloading and parking of shipping vehicles is to occur;

(6)

Detailed description of any principal or accessory uses, processes or activities that may occur at an unenclosed area of the site;

(7)

Detailed description of any equipment, operation, device or process that may emit noise or vibration from the site that is substantially different from the emissions from the site immediately prior to the initiation of this activity or process or operation of this equipment or device; and

(8)

The names and amounts of any noxious or hazardous substances that may be created, stored or used on the site and the locations on the site where such substances will be created, stored, and used.

(9)

The proximity of the proposed use to residential neighborhoods and a detailed description of any use or process that has, or may have, a reasonable potential for disturbing and/or disrupting existing residential and/or non-residential uses.

(e)

No occupancy permit shall be granted for any non-residential occupancy under this section until a plan of operation submitted pursuant to subsection (d) has been approved by the building inspector provided, however, that the building inspector may, with the advice and consent of the village administrator, request that the plan commission review proposed plans of operation.

(1)

Plans of operation submitted under this section may be rejected, approved, or approved subject to reasonable conditions as are necessary to comply with the intent and/or terms of this chapter.

(2)

Any person aggrieved by the decision of the building inspector, or the plan commission in the event of review by the plan commission, may appeal such decision to the board of zoning appeals within 90 days of its issuance pursuant to the provisions of sections 46-121 et seq.

(f)

No occupancy permit shall be granted under subsection (e) until such time as the building inspector and fire inspector, and a representative of the police department have each had an opportunity to review both the application and the interior and exterior of the site.

(g)

No undeveloped land within the floodplain districts shall be developed, occupied or used, and no structure erected, altered, moved or substantially improved after the effective date of the ordinance from which this chapter is derived shall be occupied until the party seeking to have the occurrence of the same submits to the building inspector a certification by a registered professional engineer or land surveyor that the floodplain regulations set forth in this chapter have been fully complied with. Such certification shall include the first floor elevation of any structure erected on the site.

(h)

Preexisting uses. Principal or accessory uses listed in an occupancy permit issued prior to September 1, 1995, do not require the issuance of a new occupancy permit until such time as a new, different or additional principal or accessory use occurs on the property or if there is a new owner or tenant of nonresidential property. As a condition of issuing an occupancy permit for a principal or accessory use existing prior to September 1, 1995, the building inspector may require evidence satisfactory to the building inspector that such principal or accessory use was actively occurring on the property between September 1, 1994, and September 1, 1995. The occupancy permit issued for principal or accessory uses occurring prior to September 1, 1995, will be only for the scope, intensity and size of the principal or accessory uses as they occurred between September 1, 1994 and September 1, 1995. Expansion, intensification or change of the principal or accessory use will require a subsequent occupancy permit and will be subject to all zoning restrictions as then applicable to the zoning district applicable to that property.

(i)

After an occupancy permit application has been received and an occupancy inspection has been completed by the building inspection department an occupancy letter will be sent to the applicant listing all violations. An occupancy permit will be issued when all violations have been corrected.

(1)

A conditional occupancy permit can be requested by the prospective occupant, if no life-safety violations exist as determined by the building inspection department.

(2)

If the conditional occupancy permit is issued the applicant agrees to have all violations corrected with 45 days. A reinspection will be scheduled after 45 days to check for compliance. If any violations exist a penalty of $25.00 per day will be assessed until all violations are corrected.

(3)

Fee for business occupancy permit shall be included in Appendix A of this Code under Fees and Charges, Chapter 18, Occupancy Permit.