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1. Administrative Official and Board of Adjustment. It is the intent of these zoning regulations that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law and particularly by statute.
2. City Council. It is further the intent of these zoning regulations that the duties of the City Council in connection with these zoning regulations shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and these zoning regulations. Under these zoning regulations, the City Council shall have only the duties of: (i) considering and adopting or rejecting proposed amendments or the repeal of these zoning regulations, as provided by law; and (ii) considering applications for special permits for exceptions to prohibited uses as specified in Section 165.19 of these zoning regulations.
No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the administrative official. No work on such building or structure shall be done until a permit shall have been issued. No building permit shall be issued except in conformity with the provisions of these zoning regulations, except after written order from the Board of Adjustment. Fees shall be established by resolution of the City Council.
All applications for building permits shall be accompanied by plans in duplicate or by electronic copy, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for, the enforcement of these zoning regulations. The administrative official shall have 14 days, excluding legal holidays, in which to accept or reject an application for building permits after the same has been submitted in proper form.
1. It is unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, or converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the administrative official stating that the proposed use of the building or land conforms to the requirements of these zoning regulations.
2. No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the administrative official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of these zoning regulations; provided, upon enactment or amendment of these zoning regulations, owners or occupants of nonconforming uses or structures shall have one year to apply for certificates of zoning compliance. Failure to make such application within one year shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of these zoning regulations.
3. Certificates of zoning compliance shall be applied for coincidentally with the application for a building permit, and shall be issued within 10 days after the lawful erection or alteration of the building is completed in conformity with the provisions of these zoning regulations.
4. A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion; provided, such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.
5. The administrative official shall maintain a record of all certificates of zoning compliance, and copies shall be furnished upon request to any person.
6. Failure to obtain a certificate of zoning compliance shall be a violation of these zoning regulations.
7. Fees for certificates shall be established by resolution of the City Council.
If the work described in any building permit has not begun within 180 days after the date of issuance thereof, said permit shall expire; it shall be canceled by the administrative official, and written notice thereof shall be given to the persons affected. If the work described in any building permit has not been substantially completed within two years after the date of issuance thereof, said permit shall expire and be canceled by the administrative official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
166.07 COMPLIANCE WITH AUTHORIZED CONSTRUCTION AND USE. Building permits or certificates of zoning compliance issued on the basis of plans and applications, approved by the administrative official, authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of these zoning regulations.
Whenever a violation of these zoning regulations occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrative official, who shall record properly such complaint, immediately investigate, and take action thereon as provided by these zoning regulations.
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