1135.02 BUILDING PERMIT; CERTIFICATE OF OCCUPANCY.
   (a)   A building permit shall be required for the erection, construction or structural alteration of any structure or building or part of any structure or building. A building permit is also required for any sidewalk, fence, driveway, swimming pool (height of 48" or more) or shed, whether temporary or a permanent structure. No excavation of foundation, nor the erection, construction or structural alteration of any structure or building, or part thereof, shall be undertaken until a zoning permit therefore shall have been issued by the Zoning Inspector.
   (b)   A Certificate of Occupancy shall be required for any of the following:
      (1)   Occupancy and use of a building hereafter erected or structurally altered;
      (2)   Change in use of an existing building to a use of a different classification;
      (3)   Occupancy and use of vacant land;
      (4)   Change in use of land to a use of a different classification;
      (5)   Any change in the use of a nonconforming use;
      (6)   No such occupancy, use or change of use, shall take place until a Certificate of Occupancy therefore shall have been issued by the Zoning Inspector;
      (7)   The Certificate of Occupancy shall state that the building or structure or the proposed use of a building, structure or land complies with the provisions of the Zoning Ordinance.
   (c)   A Certificate of Occupancy and Building Permit either for the whole or a part of a new structure, or in connection with the alteration of an existing structure shall be applied for, before the starting of construction of any such structure, and a certificate of occupancy shall be issued within five days after the erection or alteration of such structure or part shall have been completed in conformity with the provisions of the Zoning Ordinance.
   (d)   A Certificate of Occupancy for the use of, or occupancy of, vacant land or for a change in the use of land of an existing building, shall be applied for before any such land or existing building shall be occupied, or used, or changed in use, and a Certificate of Occupancy shall be issued within five days after application has been made, provided such proposed use is in conformity with the provisions of the Zoning Ordinance.
   (e)   A Certificate of Occupancy shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use existing at the time of the passage of the Zoning Ordinance; and such certificate shall state that the use does not conform with the provisions of the Zoning Ordinance. For the purpose of complying with this requirement, the Zoning Inspector shall notify in writing all occupants of such property, within ninety days of the effective date of the Zoning Ordinance, and such occupants shall, within one year of the effective date of the zoning ordinance, apply at the office of the zoning inspector for a Certificate of Occupancy. There shall be no charge for the original Certificate of Occupancy for a nonconforming use. Failure to apply for such Certificate of Occupancy for a nonconforming use within the time specified shall be evidence that the nonconforming use did not lawfully exist at the effective date of the Zoning Ordinance.
   (f)   No permit for excavation for foundation, nor the erection, construction or structural alteration of any structure shall be issued before application has been made for the Certificate of Occupancy and a building permit.
   (g)   Written application for all certificates of occupancy and building permits shall be made upon forms prescribed by the Zoning Inspector.
   (h)   A record of all Certificates of Occupancy and building permits shall be kept on file in the office of the Zoning Inspector. Such certificates shall be issued on request to person having a proprietary interest in the building or land effected.
   (i)   Any permit that has not been used within six months shall expire automatically and a new permit shall be required before any use of land, occupancy of building, structural alteration or new construction shall be started.
(Ord. 2002-25. Passed 4-8-03.)