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No land shall be occupied or used and no building shall be hereafter erected or a foundation extended, nor shall any existing building be occupied or used in whole or part for any purpose whatever, until a certificate of occupancy has been issued by the City Manager. Such certificate shall state that the building complies with all the building and health laws and ordinances and with the provisions of this Zoning Ordinance. No change of use shall be made in any building or part thereof now or hereafter erected and no foundation shall be extended that is not consistent with the provisions of this Zoning Ordinance. Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building.
A certificate of occupancy for a building shall be applied for coincident with the application for a building permit and shall be issued within ten days after the Building Inspector has certified to the City Manager his/her approval of the improvement as herein- before described, and after the erection or extension of the building shall have been completed. No building or premises may be occupied until the certificate shall have been issued.
A certificate of occupancy for the use of vacant land, except for farming or truck gardening purposes, or for a change in the use of land as herein provided, shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within ten days after the application has been made. provided such use is in conformity with the provisions of this Zoning Ordinance. A record of all certificates shall be kept on file in the office of the City Manager and copies shall be furnished on request to any person having a proprietary or tenancy interest in the property. (Ord. 430 AC. Passed 11-29-65.)
All applications for building permits shall be accompanied by a plat, drawn to scale and showing the actual dimensions of the lot to be built upon, the size of the building to be erected and such other information as may be necessary to provide for the enforcement of this Zoning Ordinance. A careful record of the applications and plats shall be kept in the office of the City Manager. No yard, court or other open space provided about any building for the purpose of complying with the provisions of this Zoning Ordinance shall be again used as a yard, court or other open space for another building.
(Ord. 430 AC. Passed 11-29-65.)
(a) It shall be the duty of the City Manager to enforce this Zoning Ordinance. It shall also be the duty of all officers and employees of the City, and especially of all members of the Police Department, to assist the City Manager by reporting to him/her upon new construction, reconstruction or land uses, or upon seeming violations.
Appeals from the decision of the City Manager may be made to the Zoning Board of Appeals as provided in Section 1325.03.
(b) Nothing herein contained shall require any change in the plans, construction, size or designated use of the building, structure or part thereof for which a building permit has been granted before the enactment or amendment of this Zoning Ordinance by Council, and the construction of which from such plans shall have been started within ninety days of the date of enactment of this Zoning Ordinance (Ordinance 430 AC, passed November 29, 1965). If any of the above requirements shall not have been fulfilled within the time stated above, or if building operations are discontinued for a period of ninety days, any further construction shall be in conformity with the provisions of this Zoning Ordinance.
(Ord. 430 AC. Passed 11-29-65.)
Should any section, clause or provision of this Zoning Ordinance be declared by the courts to be unconstitutional or invalid, the same shall not affect the validity of this Zoning Ordinance as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.
(Ord. 430 AC. Passed 11-29-65.)
Any person, firm or corporation who violates, destroys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Zoning Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each violation. Each and every day that a violation continues shall constitute a separate offense.
In addition, the City or any resident of the City may institute a civil action in a court of competent jurisdiction to enjoin or prevent the use of, erection of or alteration of any building or structure in violation of this Zoning Ordinance.
(Ord. 430 AC. Passed 11-29-65.)