§ 100-15. Zoning review permits and occupancy permits.
(1)
Zoning review permits.
(a)
No vacant land shall be occupied or used; no building or premises shall be erected, altered or moved, and no commercial building use shall be created, renewed, changed or extended until a zoning review permit has been issued by the zoning administrator. Such permit(s) shall indicate that the building or premises or part thereof or the uses as represented by the applicant are in compliance with the appropriate provisions of this chapter.
(b)
A zoning review permit is a document issued by the zoning administrator certifying that the present or a proposed use of a specific property does or will comply with the present zoning ordinance of the Village of Mukwonago, conditioned upon the applicant using the property as represented and/or the building construction being completed in accordance with all plans submitted by the applicant to the zoning administrator for its review for the zoning review permit, and if applicable all plans submitted for site plan, architectural plan, conditional use and/or planned unit development approval. Application for a zoning review permit shall be made in the same manner as for a building permit pursuant to section 100-14 of this chapter.
(c)
No building located in a business zoning district or a manufacturing zoning district and/or used for business or industrial purposes shall be occupied by a new tenant or a new owner or shall have the use changed or extended without the issuance of a new zoning review permit by the zoning administrator. Before issuing a zoning review permit, the zoning administrator shall review the building and/or premises or part thereof and all materials submitted by the applicant to determine if the property is in compliance with the provisions of this chapter 100 and appropriate code sections of the Village of Mukwonago and State of Wisconsin. If the building and/or premises and/or uses or proposed uses (as described by the applicant) are in compliance, then the zoning administrator shall issue a zoning review permit.
(2)
Occupancy permits.
(a)
No vacant land shall be occupied or used; no building or premises shall be erected, altered or moved, and no commercial building use shall be created, renewed, changed or extended until an occupancy permit has been issued by the building inspection department. Such permit(s) shall indicate that the building or premises or part thereof or the uses as represented by the applicant are in compliance with the appropriate provisions of this chapter.
(b)
An occupancy permit for a commercial building is a document issued by the building inspection department certifying that all or a designated portion of a building and/or property complies with applicable regulations of the building code and other municipal codes; that all conditions of building approvals are satisfied; that all building construction is completed in accordance with all plans submitted for plan review for the building permit and that all surrounding building site construction has been completed which may include, but not limited to, landscaping, grading, stormwater management facilities, parking and/or driveway paving, parking lot striping, signage and required public improvements. Application for an occupancy permit shall be made in the same manner as for a building permit pursuant to section 100-14 of this chapter.
(c)
The property owner of a newly constructed single-family dwelling or two-family dwelling as defined in section 100-29 is required to apply for and obtain an occupancy permit prior to any occupancy of the structure. For any addition or modification to any one and two-family structure, any occupancy of the area so modified shall require the issuance of an occupancy permit prior to the area being used for any residential purposes whatsoever.
(d)
No building located in a business zoning district or a manufacturing zoning district and/or used for business or industrial purposes shall be occupied by a new tenant or a new owner or shall have the use changed or extended without the issuance of a new occupancy permit by the building inspection department. Before issuing an occupancy permit, the building inspection department shall review the building and/or premises or part thereof and all materials submitted by the applicant to determine if the property is in compliance with the provisions of the appropriate code sections of the Village of Mukwonago and State of Wisconsin. If the building and/or premises and/or uses or proposed uses (as described by the applicant) are in compliance, then the building inspection department shall issue an occupancy permit.
(3)
General provisions for zoning review permits and occupancy permits.
(a)
In the event the zoning administrator and/or building inspection department finds that the building has been completed pursuant to plans submitted for building permit and any other applicable requirements for occupancy having been met, the building inspection department is authorized to issue an occupancy permit, or an occupancy permit with conditions in the event there are exterior items remaining to be completed that do not affect the life and/or safety of the occupants of the property's designated use.
(b)
Nothing in this section amounts to a guarantee or warranty that any particular type of construction or method of construction will be free from defects or will perform in a particular manner. Neither the issuance of any permit under this ordinance nor the inspection and approval of any work under this ordinance shall constitute any guarantee or warranty whatever of the safety, durability or fitness for a particular purpose, of any material, labor or construction whatsoever.
(Ord. No. 572, § I(9.0206), 2-6-96; Ord. No. 839, § I, 4-19-11)