Certificates of Occupancy., Chapter 13. Building Code, Municipal Code, Code of Ordinances, West Allis

(1)

Residential. No building, lot or premises may be occupied until a certificate of occupancy shall have been issued, unless as otherwise provided under this section.

(a)

Certificate of Occupancy Required. No dwelling unit or accessory residential building hereafter erected, altered or residential use lot 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 Director of the Department of Building Inspections and Zoning or designee stating that the building complies with all zoning, building, fire and health laws and ordinances and with the provisions of these regulations.

(b)

Change of Use. No change of use shall be made in any dwelling or part thereof now or hereafter erected or altered without a building permit having been issued by the Building Inspector, and no permit shall be issued to make such changes unless it is in conformity with the provisions of this Chapter or amendments thereto hereafter duly enacted. Nothing herein shall prevent the continuance of the present occupancy or use of any existing dwelling except as may be necessary for safety of life and property.

(c)

Application and Issuance. Certificate of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration is completed. A record of all certificates shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the property affected. The fee shall be as set forth in Section 13.255.

(2)

Nonresidential. No building, structure, lot or premises may be occupied until a Business Occupancy Permit shall have been issued, unless as otherwise provided under this section.

(a)

Business Occupancy Permit Required. No building, structure, lot or premise shall be occupied or used in whole or in part for any commercial, industrial, or other nonresidential purpose without first applying for and obtaining from the Director of the Department of Building Inspections and Zoning or designee a Business Occupancy Permit. The Business Occupancy Permit is nontransferable and shall be valid only for the business, person, building, premises and structure named therein.

(b)

Initial Occupancy or Change of Occupancy. No person shall enter upon or engage in any commercial, industrial or other nonresidential activity in or upon any existing building, structure or premises without first applying and being issued a Business Occupancy Permit. A "change" in occupancy shall be deemed to take place and require a new permit whenever the type of usage changes or whenever the occupant changes. An occupant will not be deemed to have changed if the change is in name only; however, the occupant is required to submit to the Director information to support that the change is in fact limited to the name and does not otherwise affect the occupancy or use of the premises. The Director is authorized to approve any change in name of any occupant.

(c)

Application and Issuance. The application for a Business Occupancy Permit shall set forth the applicant's name, address, position or capacity in the business and the exact location of the building or premises wherein the business is to be carried on. The application shall state with particularity the scope, nature, type and extent of the business activity that the permit holder will engage in. No permit shall be issued to any person for any business operation which would violate the building, zoning, fire, health codes or other ordinances of the City, or which would violate any state statute or regulation promulgated pursuant thereto. The permit fee shall be as set forth in Section 13.255. The occupancy permit shall be posted in a conspicuous place in the building, structure or premises and shall not be removed, except by permission from the Director. Upon the cessation of business activities by the holder of any occupancy permit, the person shall immediately notify the Director of such fact.

(d)

A permit fee may be forfeited if the appointment is not canceled 24 hours prior to the scheduled inspection appointment time, if the applicant or their representative is not present at the inspection, or if the building is not open for inspection. The applicant may be required to reapply and a new application fee may be assessed.

[Ord. O-2016-0058, 12/6/2016]

(3)

Home Business Occupancy Permits. Home Businesses are permitted in accordance with the zoning code. A Business Occupancy Permit shall be required for that portion of the residential property used as a business pursuant to Subsection 13.33(2). A Residential Occupancy Permit shall be required for the portion of the property used as residential premises pursuant to Subsection 13.33(1).

(4)

Temporary Occupancy. The Director or designee may issue a temporary occupancy permit or business occupancy permit for the temporary occupancy and use of any building, structure or premises, or part thereof, prior to the completion of the same and issuance of an occupancy permit, provided that such occupancy or use does not create a life or safety concern. A temporary occupancy permit shall be valid for a period of up to six (6) months and may be extended for up to one (1) additional six (6) month period. Upon expiration of a temporary occupancy permit where an occupancy permit is not issued, the Director shall order the occupancy or use to cease and shall take legal measures to ensure that said order is complied with.

(5)

Flood Districts. No vacant land in the floodplain shall be occupied or used and no building hereafter erected, altered or moved shall be occupied until the applicant obtains a certificate of compliance from the Director of Building Inspections and Zoning, as provided in Section 12.70 of the Zoning Chapter.