(A) General. Any building or other structure hereafter erected or constructed within the limits of the city in violation of this chapter shall be deemed to be a nuisance, and same is hereby declared a nuisance. Such nuisance or nuisances may be abated by the city or by any resident of the city in the manner as provided for the abatement of nuisances.
(B) Building of non-complying structures. It shall be unlawful and a violation of this chapter to erect and construct, or attempt to erect and construct, alter, rebuild, connect, enlarge or use any building, buildings or structures of any kind, character or description, in a manner which shall not comply with the provisions of this chapter relating to the zoning district in which the same is located, or to transact or attempt to transact any business or businesses not hereinbefore enumerated for the applicable zoning district on any property within the city limits or on any lot or lots, block or blocks, parts of blocks, parcels of land, streets, alleys, boulevards, lanes, parks or parkways.
(C) Prior plans and construction may be carried out.
(1) Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, at the time of the passage of this chapter and the construction of which shall have been diligently prosecuted within one year from the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within such year; and which entire building shall be completed according to such plans as filed within two years from the date of the passage of this chapter.
(2) Nothing in this chapter shall prevent the restoration of a building wholly or partially destroyed by fire, explosion, act of God or act of the public enemy, subsequent to the passage of this revised chapter, or prevent the continuance of the use of such building or part thereof, as such use existed at the time of such destruction of such building or part thereof, or prevent a change of such existing use under the limitations provided in this chapter.
(D) Fees. Any person who shall file an application for the redistricting or the re-zoning of land, an application for a special permit or a use permitted on review or an application to the Board of Adjustment for a variance or exception to the terms of this chapter shall pay to the City Treasurer a fee in the amount established in this code.
(2002 Code, § 154.997) (Ord. 486, passed 5-12-2003)