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Lincoln City Zoning Code

ARTICLE 20

OCCUPANCY PERMITS AND CERTIFICATE OF COMPLIANCE

20.001. Required for Changed or New Occupancy.

Subsequent to the effective date of this resolution, no change in the use or occupancy of land, nor any change of use, occupancy, or occupancy classification under the Building Code of any existing building be used or occupied, except as hereinafter specifically provided, until a certificate of occupancy has been issued by the County Building Official. Every certificate of occupancy shall state that the new use occupancy or occupancy classification complies:

  1. With the provision of this resolution or with the terms, conditions and requirements of the special permit authorizing such building or use as the case may be and
  2. With the provisions of the Building Code. Such certificate shall include, where applicable:
    1. The building permit number;
    2. The address and legal description;
    3. The name of the owner;
    4. A description of the building or portion thereof, or of the premises or portion thereof for which the certificate is issued;
    5. The name of the building official issuing the same.

20.003. Required for Building Permit

No permit for the erection, alteration, conversion, enlargement or reconstruction of any building or use of land shall be issued before the application has been submitted, reviewed and a finding made that the proposed uses will meet the requirements of the zoning regulation for certificate of occupancy and no building or premises shall be used or occupied until such certificate is issued.

20.005. Required for Non-Conforming Use

A certificate of occupancy shall be required of all lawful non-conforming uses of land or building created by adoption of or amendment to this resolution. Application for such certificate of occupancy for non-conforming uses shall be filed with the Director of Building and Safety by the owner or lessee of the land or building occupied by such non-conforming use within two (2) years from the effective date of this resolution or from the date that such non-conforming use is created. It shall be the duty of the Director of Building and Safety to issue a certificate of occupancy for a lawful non-conforming use, but failure to apply for such a certificate of occupancy for non-conforming use, or failure of the Director of Building and Safety to issue such certificate of occupancy for non-conforming use, may be considered evidence that such non-conforming use did not lawfully exist at the effective date of this resolution or any amendment thereto creating such a non-conforming use.

20.007. Record of Certificate of Occupancy Be Kept

A record of all certificates of occupancy shall be kept on file in the office of the Director of Building and Safety and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or building affected by such certificate of occupancy.

20.009. Special Permits; Certificate of Compliance

Upon completion of construction of any improvements as authorized or required by the County Board for any buildings or uses for which a special permit, including community unit plan and mobile home courts was granted, the permittee may apply for inspection and partial certification and upon completion of construction of all such improvements, the permittee shall apply to the Director of Building and Safety for a certificate of compliance, which certificate shall not be issued until the Director of Building and Safety has inspected the premises covered by the special permit and has found that all terms, conditions and requirements of the special permit have been complied with.

If the Director of Building and Safety finds at any time that the terms, conditions and requirements of a special permit have not been complied with, or that any phase thereof has not been completed within the time required under said special permit or any administrative amendment thereto, the Director of Building and Safety shall report this fact to the County Board, which may after a hearing of which the permittee shall be notified, revoke such special permit for failure to comply with such terms, conditions and requirements, or take such other action as it may deem necessary to obtain compliance.

Any amendment to a special permit approved subsequent to the issuance of a certificate of compliance for such special permit shall require application by the permittee for a new certificate of compliance which shall not be issued until the Director of Building and Safety has ascertained that any terms, conditions and requirements of the amendment to the special permit have been complied with.

For purposes of this section, the term "special permit" shall include authorizations under Articles 4, 5, 6, 7, 8, 9, 10, 11, 13, 14 and 16.