Certificate of Occupancy.
Milwaukee Code of Ordinances § 200-42
in effect200-42. Certificate of Occupancy.
1. DEFINITION. In this section, “offer” means to communicate a willingness, desire or intent.
2. WHEN REQUIRED. a. It shall be unlawful to occupy or use, or offer to occupy or use any building, structure or premises now existing or hereafter erected unless or until a certificate of occupancy has been issued by the commissioner, except as provided in s. 200-43 and s. 295-303. A separate certificate of occupancy shall be obtained for each occupancy and use stated in ch. 295, including a commercial farming enterprise, or any other regulation of this code. A new certificate of occupancy shall be required each time there is a change in the operator or tenant of a non-residential premises.
b. It shall be unlawful to maintain, occupy or use, or offer to maintain, occupy or use, any building, structure, premises or part thereof that has been erected, constructed, altered or changed, occupied or used in violation of any regulation of this code or other laws or in violation of the code or other laws which were in effect and which applied to any existing building, structure, or premises, or part thereof at the time of its erection, construction, alteration, or change and designated occupancy or use.
c. Unless and until a new certificate of occupancy has been issued by the commissioner, it shall be unlawful to occupy any building, structure or premises or part thereof which is vacant under any of the following circumstances: c-1. It has been found unfit for human habitation or use under any order issued in accordance with this code requiring the repair, alteration, vacation, removal or demolition.
c-2. It has been vacant for a period in excess of 6 months and has orders issued to the property owner by the department.
c-3. It is subject to orders regulating vacant buildings under s. 275-32-7 and the order specified that the internal conditions of the property do not comply with code requirements and that a certificate of occupancy shall be obtained.
d. Where any of the conditions described in pars. c-1 and 3 are found, the premises shall be placarded and shall not be occupied until a certificate of occupancy is first obtained.
e. Unless and until a new certificate of occupancy has been issued by the commissioner, it shall be unlawful to occupy any building or structure if it has been licensed as a rooming house, the license expires and is not renewed, or the license is revoked.
3. WHEN ISSUED. a. In the case of a proposed use, as described in ch. SPS 362, Wis. Adm. Code, as amended, that is not within the same group of uses as the prior use, and where the proposed use is as hazardous or more hazardous, based on life and fire risk, than the prior use, or whenever the proposed use is an elementary or secondary school, or a daycare or a rooming house, or a tavern, or a restaurant with drive-through facility, as defined under s. 295-201-499, or a restaurant without drive-through facility, as defined under s. 295-201-501, or where otherwise requested, the commissioner shall issue a certificate of occupancy:
a-1. After an application has been filed in the commissioner's office by the owner, agent or tenant.
a-2. After an inspection or reinspection of the building, structure, premises or part thereof by the commissioner of neighborhood services finds no violations of the regulations of this code applicable to the proposed use.
b. Unless otherwise required by law, in the case of a proposed use, as described in ch. SPS 362, Wis. Adm. Code, as amended, that is within the same group of uses as the prior use, or in the case of a proposed use that is not within the same group of uses as the prior use and that is less hazardous, based on life and fire risk, than the prior use, except whenever the proposed use is an elementary or secondary school, a daycare, a rooming house, a tavern, a restaurant with drive-through facility, as defined under s. 295-201-499, or a restaurant without drive-through facility, as defined under s. 295-201-501, or if otherwise requested, the commissioner of city development shall issue a certificate of occupancy indicating conformance with the use requirements set forth in ch. 295 and:
b-1. After an application has been filed in the commissioner's office by the owner, agent or tenant.
b-2. After investigation it is found that such building, structure, premises or part thereof complies with all zoning laws applicable to its use.
b-4. After a zoning inspection to determine that the building, structure, premises or part thereof complies with all applicable zoning regulations, if the proposed use is for light or heavy motor vehicle uses including sales, rental and repair facilities, body shops, outdoor storage, and parking lots where parking is the principal use of the premises.
c. If a building, structure, premises or part thereof has been vacant for more than 6 months, the inspection requirements set forth in par. a shall apply.
d. No certificate of occupancy for a family day care home shall be issued by the commissioner of neighborhood services unless the applicant for the certificate provides the commissioner with documentation indicating that the dwelling unit for which the certificate is sought is licensed as a family day care center by the Wisconsin department of children and families under s. 48.65, Wis. Stats., and ch. DCF 250, Wis. Adm. Code, or certified as a day care center for not more than 8 children by Milwaukee county.
e. No certificate of occupancy shall be issued for any site for a change from an industrial occupancy to a residential occupancy without submittal of an American society of testing and materials E-1527-21, or current standard, phase I environmental site assessment and phase II environmental site assessment. If the site assessment identifies volatile organic compounds or other vapor intrusion contaminants specified in the state of Wisconsin’s department of natural resources vapor intrusion guidance, the owner shall submit the results of, and Wisconsin department of natural resources-approved documents for, a complete site investigation, remedial action plan, vapor mitigation plan, and vapor system commissioning to the department of neighborhood services.
f. An application for a certificate of occupancy to change from an industrial occupancy to a residential occupancy shall be accompanied by a signed disclosure from the applicant indicating the presence or absence of environmental contamination on the site and certifying the existence or lack of orders prohibiting the requested occupancy by any state or federal agency.
4. REQUIRED INFORMATION.
a. Such certificates of occupancy shall indicate the edition of the building code under which the certificate is issued, the use of the building, structure or premises or part thereof, the type of construction of the building, whether an automatic system is provided, any special stipulations and conditions under which the certificate is issued and whether any variances were issued.
b. An application for a certificate of occupancy submitted by a tenant or prospective buyer shall be accompanied by a written statement by the applicant that the owner or owner's agent has granted permission for the necessary inspections of the premises.
5. CERTIFICATE TO BE POSTED. The certificate of occupancy shall be posted in a conspicuous place in the building, structure or on the premises except one-family and 2-family dwellings and accessory buildings or structures thereto.
6. PENALTY. Any person who violates any of the provisions of this section shall be subject to penalty pursuant to s. 200-19.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-2/CH200-SUB8.pdf#page=1Fetched: 10/26/2026