(A) General.
(1) The provisions of this chapter shall apply to the construction, addition, alteration, moving, repair and use of any building, structure, parcel of land or sign within a jurisdiction, except work located primarily in a public way, public utility towers and poles, and public utilities unless specifically mentioned in this chapter.
(2) Where, in any specific case, different sections of this chapter specify different requirements, the more restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
(3) In fulfilling these purposes, this chapter is intended to benefit the public as a whole and not a specific person or class of persons. Although, through the implementation, administration and enforcement of this chapter, benefits and detriments will be enjoyed or suffered by specific individuals, such is merely a byproduct of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the jurisdiction hereby shall not be enforceable in tort.
(4) If any portion of this chapter is held invalid for any reason, the remaining herein shall not be effected.
(B) Existing buildings and uses. Lawfully established buildings and uses in existence at the time of the adoption of this chapter shall be permitted to have their existing use or occupancy continued; provided, the continued use is not dangerous to life.
(C) Additions, alterations or repairs. Additions, alterations or repairs shall be permitted to be made to any building or use without requiring the existing building or use to comply with the requirements of this chapter; provided, the addition, alteration or repair conforms to that required for a new building or use.
(D) Maintenance. All buildings or uses, both existing and new, and all parts thereof, shall be maintained. The owner or designated agent shall be responsible for the maintenance of the buildings and parcels of land. To determine compliance with this section, the Code Official shall be permitted to cause any structure or use to be inspected.
(E) Moved or temporary buildings, structures and uses.
(1) Buildings or structures moved into or within the city shall comply with the provisions of this chapter for new buildings and structures.
(2) Temporary buildings, structures and uses such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for protection of the public shall be permitted to be erected; provided, a special approval is received from the Code Official for a limited period of time. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.
(F) Illegal uses. Uses that were illegally established prior to adoption of this chapter shall remain illegal.
(G) Interpretations.
(1) The interpretation and application of the provisions of this chapter shall be by the Code Official. An appeal of an interpretation by the Code Official shall be submitted to the Board of Adjustments and Appeals, which, unless otherwise provided, are authorized to interpret the code and such interpretation, shall be considered final.
(2) Uses are permitted within the various zones as described in this chapter and as otherwise provided herein.
(3) It is recognized that all possible uses and variations of uses that might arise cannot reasonably be listed or categorized. Mixed uses/sites or any use not specifically mentioned or about which there is any question shall be administratively classified by comparison with other uses identified in the zones described in this chapter. If the proposed use resembles identified uses in terms of intensity and character, and is consistent with the purpose of this chapter and the individual zone’s classification, it shall be considered as a permitted/non-permitted use within a general zone classification, subject to the regulations for the use it most nearly resembles. If a use does not resemble other identified allowable uses within the zone, it may be permitted as determined by the hearing body in a public hearing as an amendment to this chapter pursuant to § 153.020 of this chapter.
(Prior Code, § 11.02)