14.01.090 Certificate of Occupancy and Zoning Compliance.
(1) It shall be unlawful to use or occupy, or to permit the use or occupancy of any building or premises until a Certificate of Occupancy and Zoning Compliance shall have been issued for the premises and/or building by Provo City. It shall also be unlawful to occupy or to allow to be occupied any building which has a greater intensity of use or different occupancy than provided for specifically in the Certificate of Occupancy and Zoning Compliance.
(2) Issuance of Certificates. A Certificate of Occupancy and Zoning Compliance, hereinafter referred to as “Certificate” is required to be issued by the Planning Commission of Provo City at the time a building is completed and final inspection granted by the Building Inspection Division. In addition, a new certificate shall be required at any time the occupancy of the building changes to a more intensive use or that the number of occupants in an apartment or multiple residential building increases more than five percent (5%) above the number declared in the previously-issued certificate.
(3) Information Required. The following information shall be made a part of any application for a Certificate of Occupancy and Building Compliance issued by the Provo City Planning Commission:
(a) Residential Certificates.
(i) The number of residential units in the building or buildings. (If there is more than one (1) building, the number of units should be listed separately for each building.)
(ii) Number of households residing in or anticipated to live in the building.
(iii) The number of baching tenants and/or roomers anticipated to reside on the premises.
(iv) The number of automobiles anticipated to belong to tenants of the premises (recognizing that this number will vary, a ten percent (10%) variance will be allowed before a new Certificate of Occupancy is required to be filed for).
(v) The number of legal-sized off-street parking spaces being provided on the premises.
(vi) A signed certification of the property owner of the building or premises or the property owner’s authorized agent stating that the information contained therein is accurate and that the stated conditions will be maintained on the premises.
(vii) A notice directed to the owner of the building or premises that any change in intensity of use of the building or premises, or an increase of more than five percent (5%) in the number of occupants in an apartment or multiple residential building, will require the issuance of a new certificate.
(b) Commercial, Industrial, and Institutional Certificates.
(i) The number of employees on the premises.
(ii) The number of off-street parking spaces provided for employees on the site.
(iii) The number of off-street parking spaces provided for customers or visitors.
(iv) The number and type of restroom facilities provided.
(v) The square foot area within the building used for each separate type of occupancy.
(vi) A signed certificate by the owner of the building or premises or the owner’s authorized agent stating that the information and conditions set forth are true and will be maintained upon the site in this condition.
(vii) A warning directed to the owner of the premises that a change in intensity of use or occupancy of the building will require the issuance of a new certificate.
(4) Penalty for Violations. Failure to obtain a Certificate of Occupancy and Zoning Compliance for occupying or allowing to be occupied any residential, commercial, industrial, or institutional building or premises, or for changing the intensity of use or increasing the number of occupants as provided for in the Certificate of Occupancy and Zoning Compliance issued under this Title, shall be a misdemeanor and shall be punishable under the provisions of Chapter 14.42, Provo City Code.
(5) Nuisance. The occupation of any building for which a Certificate of Zoning Compliance has not been issued is hereby declared to be nuisance and shall be abated as such. It shall also be a nuisance for any building to be occupied with greater density than authorized herein or for any other occupancy than is authorized in the Certificate or required under this Section.