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Council approves first reading on certificate-of-occupancy rule to clarify change-of-use requirements for businesses

5428835 · July 17, 2025
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Summary

Council approved first reading of an ordinance that would require certificates of occupancy for changes of use so new businesses know code requirements before occupying a space, staff said the rule should shorten timelines and reduce later retrofit costs.

The Fort Atkinson City Council on Tuesday approved the first reading of an ordinance that would require a certificate of occupancy when a building's use changes, city staff said the rule will help new business owners understand code and safety requirements before moving into a space.

Director of Neighborhood and Building Services Draeger told the council the change is intended to reduce surprise retrofit costs for businesses that occupy spaces previously used for different purposes and to shorten the time needed to open by providing clear pre-occupancy guidance. "The concept here is to require a certificate of occupancy for a change of use so that there is a clear procedure, a point of contact for them, which would be the Department of Neighborhood and Building Services," Draeger said.

Draeger said the ordinance is consistent with practices in many municipalities and that temporary certificates of occupancy would still be available where appropriate. The amendment applies principally to changes of use that may trigger building- or fire-code requirements; staff said it should not add requirements beyond existing state and local codes but would coordinate review among departments and provide key contact information for after-hours emergencies.

The council directed the city manager to prepare the ordinance for a second reading and possible final adoption at the Aug. 5 meeting.