15-1-5: ADMINISTRATION AND ENFORCEMENT:

   A.   The director is hereby charged with the administration and enforcement of the provisions of this title.

   B.   The director may investigate and enforce the provisions of this title, as provided under section 15-1-17 of this chapter.

   C.   In order to carry out this charge, the building official, under the direction of the director, is authorized to enforce all of the provisions of this title in performing the building official's duties under title 16 of this code. If, in the course of inspection of any buildings in the course of construction, alteration or repair, or any change in the use of any building, it shall come to the building official's attention that any such construction, alteration or repair, or that any use or contemplated use is in violation of the provisions of this title, the building official shall issue a written order to the person responsible therefor, ordering and directing such person to cease and desist such construction, alteration, repair or use.

(Ord. 90-52, 10-25-1990; amd. Ord. 98-2, 1-6-1998; Ord. 2002-72, 12-17-2002)

15-1-6: ISSUANCE OF LICENSES AND PERMITS:

All departments, officials and employees of the City, which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and shall issue no such permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this title, or any condition imposed under authority of this title, and any such permit or license, if issued in conflict with the provisions of this title shall be null and void.

(Ord. 90-52, 10-25-1990; amd. 1999 Code)

15-1-7: BUILDING PERMITS AND LAND USE PERMITS:

   A.   It is unlawful for any person, whether acting as owner, occupant or contractor, or otherwise, to erect, construct, reconstruct or alter, or change the use or occupancy of any building or other structure within the City contrary to any provisions of this title, or without first obtaining a building permit from the building official. No building permit shall be issued by the building official unless a written land use permit has been issued by the Director and, if otherwise required by the provisions of this title, by the Planning Commission or the Mayor.

   B.   Effective April 1, 2003, it is unlawful for any person, whether acting as owner, occupant or contractor, to fail to obtain a written land use permit from the Director for:

      1.   The installation of any asphalt, concrete, or other hard surface material or structure on any property, other than walkways, ornamental landscaping features, or for the minor repair of existing legal hard surfaced areas; or

      2.   The use of, or change of use for, any lot or parcel not involving the erection, construction, reconstruction or alteration of a building or structure; or

      3.   The installation of any fence over four feet (4') in height within a required yard area, or the installation of any fence within a "sight triangle area" of any lot, as defined in section 7-3-2 of this Code; or

      4.   The keeping of residential chickens.

   C.   All applications for building permits or land use permits shall be accompanied by a plan drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of existing buildings or structures, buildings or structures to be erected and existing buildings or structures on adjacent property and such other information as may be deemed necessary by the building official, or the Director, for the enforcement of this title. Such requirement may be met by submission of a site plan approved pursuant to chapter 4 of this title. A record of such applications and permits shall be kept in the office of the building official.

   D.   Building permits or land use permits issued on the basis of plans and specifications approved by the building official, the Director, or other approving official or agency, authorizes only the use, arrangement, and construction set forth in the approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction at variance with that authorized in said plans and specifications shall be deemed a violation of this title.

(Ord. 2017-50, 12-19-2017)

15-1-8: CERTIFICATE OF OCCUPANCY:

   A.   Issuance: No land shall be used or occupied and no building hereafter structurally altered or erected shall be used or changed in use until a certificate of occupancy and zoning compliance shall have been issued by the building official or the Director stating that the building or structure or the proposed use thereof, or the use of land, complies with the provisions of this title. A like certificate shall be issued for the purpose of maintaining, renewing, changing or expanding a nonconforming use. A certificate of occupancy and zoning compliance either for the whole or a part of the building or structure shall be applied for coincidentally with the application for a building or land use permit and shall be issued after the erection or structural alteration of such building or structure, or part thereof, shall have been completed in conformity with the provisions of this title or any condition imposed under the authority of this title. In addition, a new certificate shall be required at any time the occupancy of the building changes to a more intensive use.

   B.   Information: Any applicant for a certificate of occupancy and zoning compliance shall provide such information as needed to enforce the provisions of this title as determined by the building official.

(Ord. 90-52, 10-25-1990; amd. 1999 Code; Ord. 2001-32, 6-5-2001; Ord. 2002-72, 12-17-2002)

15-1-9: FEES:

Fees may be assessed for examining and processing plans; issuing building or land use permits or certificates of occupancy; processing rezoning petitions; filing fees for matters before the Board of Zoning Adjustment; permits or nonconforming use permits; processing street vacating requests; or any other function requiring additional or unusual administrative costs. The fees for the above costs shall be as provided in title 4, chapter 6 of this Code. Fees authorized under this section shall not exceed the reasonable costs of providing the service. Once a fee has been established, no application, petition or plan shall be accepted until the fee has been paid. The fees assessed shall not be refundable, regardless of the eventual disposition, unless it is determined by the Director that no administrative costs have been incurred or expended.

(Ord. 90-52, 10-25-1990; amd. Ord. 91-51, 12-19-1991; 1999 Code; Ord. 2002-72, 12-17-2002)

15-1-10: VIOLATION OF NUISANCE:

Any structure made or existing, or any use of land in violation of any provision of this title, is a public nuisance and may be abated by appropriate proceedings.

(Ord. 90-52, 10-25-1990; amd. 1999 Code)

15-1-11: VIOLATIONS OF USE REGULATIONS AND SITE DEVELOPMENT STANDARDS:

Except as otherwise provided in this title:

   A.   No building, structure or premises shall be used or occupied for other than a permitted or conditional use specified for the zoning district in which it is located.

      1.   If a use is listed as a permitted or conditional use in any zoning district, it is prohibited in all districts where it is not listed.

      2.   The provisions of subsection A3 of this section may not be applied to recognize a use prohibited in subsection A1 of this section as a permitted or conditional use.

      3.   If a proposed use is not listed as a permitted or conditional use in a zone, the Planning Manager may determine if the proposed use is substantially similar to, and has no more impact than, a listed use based on an affirmative finding of all the following factors:

         a.   The proposed use is consistent with the General Plan, the applicable neighborhood plan and the zoning district purposes;

         b.   The proposed use has substantially similar impacts as a listed use on the neighborhood, such as traffic, noise, lighting, hours of operation, protection of adjacent properties from negative impacts or similar considerations; and

         c.   The proposed use has substantially the same characteristics as a listed use, including characteristics involving building and site arrangement, outdoor usage of lot, site area or floor space, equipment devoted to the activity, customer type, number of employees in each activity, hours of operation, vehicles used and parking requirements, number of vehicle trips generated, signs, and how the use is advertised.

      4.   If the Planning Manager determines that a proposed unlisted use meets all of the factors in subsection A3 of this section, the unlisted use shall be treated in the same manner as the listed use, including any regulations governing the listed use.

      5.   If the Planning Manager determines that a proposed unlisted use does not meet all of the factors in subsection A3 of this section, the proposed use is not allowed unless a text amendment establishing a specific listing for the use in question is adopted by the City Council.

   B.   No building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the use and the zoning district in which it is located.

   C.   No building or structure shall be erected, altered or used so as to produce greater heights, smaller yards, greater lot coverage, or less open green space or other unoccupied area, than specified for the use and the zoning district in which it is located.

   D.   No yard or other open spaces provided about any building for the purpose of complying with the provisions of the ordinances codified in this title shall be used as a yard or open space for another building.

   E.   The application of the provisions of this section satisfy the City's obligation under State law to interpret and apply City land use regulations to favor a land use application that is not plainly restricted.

(Ord. 2017-36, 8-22-2017)