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On the annexation of any territory to this City after the passage of this section, any zone, district, or regulations in effect with respect to such territory up to the time of its annexation shall continue in effect until changed in the manner provided by law for amendments or changes of this section.
(1978 Code Sec. 1260.03)
(a) The Building Inspector shall cause examination to be made of every application for a building permit, and shall issue no permit for any building or structure to be built, altered, repaired or moved in violation of this Zoning Ordinance or any applicable local, regional, state and/or federal regulation and/or permit. No building or structure shall be built, altered, repaired or moved, except after the issuance of such permit, and in conformity with such permit and the plans, statements and other documents, required to be submitted or approved in securing such permit. Any permit issued in violation hereof shall be void.
(b) The Building Inspector shall cause inspection to be made of all buildings and structures in process of construction and such other buildings and structures and premises as he may find necessary or proper in the enforcement of this section.
(c) When any construction, alteration, repair or moving of any building or structure is being done in violation of this section it shall be unlawful to proceed further upon such work, and such work shall be suspended forthwith.
(d) When any building, structure or premises are being used or occupied in violation of this section, no person shall continue such use or occupancy, and such use or occupancy shall be suspended forthwith.
(e) It shall be the duty of the Building Inspector to notify the owner, or his or her agent, of such unlawful work, use or occupancy, and to cause a written or printed notice of suspension thereof to be posted conspicuously and as near as practicable to the scene of the unlawful work, use or occupancy. No person shall remove, deface, cover, or cancel such notice or to do any further work on such building, structure or premises, until such notice shall have been rescinded by the Building Inspector or the Planning and Zoning Commission. Provided that the Building Inspector may direct such covering or protection to be made as the public safety may require, and the person or persons performing the suspended work, use or occupancy shall immediately make such covering or protection as directed.
(Ord. 22-2004. Passed 11-9-04.)
(a) There are hereby delegated to the Planning and Zoning Commission all powers now or hereafter authorized by law to be delegated to any administrative board with respect to any planning or zoning ordinance, including, without prejudice to the generality of this delegation, the following powers:
(1) The Planning and Zoning Commission shall hear and determine all appeals from the refusal of the Building Inspector, because of any thing contained in this Zoning Ordinance, to issue building permits.
(2) The Planning and Zoning Commission shall hear and determine all appeals from any decision or action of the Building Inspector in the administration or enforcement of this Zoning Ordinance.
(3) The Planning and Zoning Commission may, in individual cases, after public notice, and to such persons as it deems immediately affected, and after hearing in accordance with such notices, and subject to such conditions and safeguards as it may establish, permit exceptions to and variations from the district regulation established by this Zoning Ordinance as follows:
A. Permit the extension of building or use into a more restricted district immediately adjacent thereto, but not more than fifty feet beyond the boundary line of the district in which such building or use is authorized.
B. Permit the substitution or extension of a nonconforming use or building upon a lot occupied by such use or building at the time of the passage of this Zoning Ordinance.
C. Permit in a district any use deemed by the Commission to be in general keeping with the uses authorized in such district.
D. Grant temporary and conditional permits, revocable at any time by the Commission and in no case for more than two year periods, for the buildings that do not conform to the regulations herein prescribed relative to the uses permitted in the district in which they are located.
E. Permit the location in any district of any use provided such use in such location will not in the judgement of the Commission substantially and permanently injure the use of neighboring property, provided the petitioner files the consents, duly acknowledged, of the owners of eighty percent (80%) of the area of the land deemed by the Commission to be immediately affected by the proposed use, which area shall in no case extend less than 200 feet in any direction from the boundaries of the lot on which such proposed use ins to be located.
F. The Planning and Zoning Commission shall adopt such rules as it deems proper for its meeting, and for exercising its powers and duties and carrying into effect the provisions of this section.
(b) The Planning and Zoning Commission shall meet upon call by the Mayor or by any two members of the Commission, and notice of the time and place of the meeting delivered to each member personally or left at his residence not less than twenty-four hours in advance of the meeting.
(c) All meetings of the Planning and Zoning Commission shall be public and minutes of all meetings shall be kept showing the attendance of members and vote or failure to vote of each member upon each subject. No shall be taken or decision made by the Planning and Zoning Commission except on the concurrence of at least three of its members.
(1978 Code Sec. 1266.03)
Nothing contained in this chapter shall require any change in the plans, construction or designation use of a building lawfully issued before the passage hereof, and construction of which is begun within thirty days of the issuance of such permit, diligently prosecuted to its completion, and specifications on which such permit was issued, within one year of the issuance of the permit.
(1978 Code Sec. 1266.05)
The Building Inspector shall issue no permits while any ordinance or other measure is pending before the Council or the Planning and Zoning Commission, nor while any such ordinance is subject to referendum or referendum thereon is pending, under which ordinance or measure, if adopted, any work, use, construction, alteration, or repair covered by such permit would be forbidden. Provided, however, that no permit shall be withheld for a total period of more than ninety days after application therefor by reason of the pendency of any one or more of such ordinances or measures, unless such ordinance or measure has been subjected to a referendum in which case the permit shall be withheld until such referendum election has been held and its results certified to the proper officers of the City.
(1978 Code Sec. 1266.06)
Except as otherwise specifically provided for, the owner or owners of any building or premises or part thereof where anything in violation of the Zoning Ordinance shall be placed or shall exist, and any tenant or occupant of such building or premises, and any architect, builder or contractor who shall assist in the commission of any such violation, and nay person who violates any of the provisions of this Zoning Ordinance or fails to comply therewith shall for each violation or non compliance be deemed guilty of a misdemeanor and upon conviction thereof, be fined not more five hundred dollars ($500.00). Each day a violation or failure to comply shall exist shall constitute a separate offense.
(1978 Code Sec. 1266.07)