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)

15-1-12: TERRITORY ANNEXED TO CITY:

At the time of the annexation of new territory to the City, the City Council shall classify such territory for zoning purposes according to the zones established by this title.

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

15-1-13: TEMPORARY EXCEPTIONS:

The Mayor has the authority to grant temporary exceptions from any term or condition of this title for a period of not to exceed three (3) months, for a total duration for any one tract of land not to exceed six (6) months. The granting of a temporary exception may be made by the Mayor with or without the prior recommendation concerning the same from the Planning Commission. Such temporary exceptions may be granted upon the Mayor determining that such a temporary exception is justified because of some unusual or emergency situation or act of God and that the health, safety, convenience, order and welfare of the inhabitants of the City will not be materially adversely affected, if such temporary exception is granted.

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

15-1-14: VIOLATION OF CONDITIONS:

If any person, firm or corporation, in the use or occupation of a building, structure or land, intentionally fails to abide by or to fulfill any condition legally imposed under the provisions of this title in approving any permit, site plan or variance, shall be considered to be a violation of the provisions of this title punishable under section 15-1-17 of this chapter; and any structure made or existing or any use of land used or occupied in violation of any condition legally imposed in approving any permit, site plan or variance under the provisions of this title shall be subject to abatement under section 15-1-10 of this chapter.

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