(A) No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be constructed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
(B) Certificates of occupancy shall be required for any of the following.
(1) Certificates of occupancy for nonconforming uses.
(a) A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by the adoption of this Chapter. It shall be the duty of the Building and Neighborhood Services Director or his or her designee to issue a certificate of occupancy for a lawful nonconforming use.
(b) Failure to receive the certificate of occupancy for a nonconforming use or refusal of the Building and Neighborhood Services Director or his or her designee to issue a certificate of occupancy for the nonconforming use shall be prima facia evidence that the nonconforming use was either illegal or did not lawfully exist at the effective date of this chapter.
(2) Any change in the use of a nonconforming use. No occupancy, use or change of use shall take place until a certificate of occupancy therefore shall have been issued by the Building and Neighborhood Services Director or his or her designee.
(C) Certificates of occupancy are not required for fences, accessory buildings or signs, but the Planning Department is to be notified when these improvements are completed.
(1999 Code, § 165.29) (Ord. 2368, passed 5-27-2008) Penalty, see § 159.999