[Ord. No. 7249 §1, 2-13-2006]
A. No
building shall hereafter be erected, reconstructed or altered, nor
shall any work be started upon same until a Building Permit for same
has been issued by the Building Commissioner, which permit(s) shall
state that the proposed building complies with all the provisions
of this Chapter.
B. No
land shall be occupied or used and no building hereafter erected or
structurally altered shall be occupied or used in whole or in part
for any purpose whatsoever, other than farming, until a Certificate
of Occupancy is issued by the Building Commissioner stating that the
building and use comply with the provisions of this Chapter. No change
of use shall be made in any multiple-family dwelling or non-residential
building or part thereof now or hereafter erected or structurally
altered without an Occupancy Permit being issued therefore by the
Building Commissioner. No permit shall be issued to make a change
unless the changes are in conformity with the provisions of this Chapter.
C. Certificates
for Occupancy shall be applied for coincidentally with the application
for a Building Permit and shall be issued within ten (10) days after
the lawful erection, reconstruction or alteration of the building
is completed. A record of all construction and Occupancy Permit(s)
shall be kept on file in the office of the Building Commissioner and
copies shall be furnished on request to any person having a proprietary
or tenancy interest in the building affected.
D. No Building Permit shall be issued until the plans for a proposed building are reviewed and approved according to the procedure and requirements of the Section on Exterior Design Regulations, Section
405.250.
E. Nothing
in this Section shall prevent the continuance of a non-conforming
use as hereinbefore authorized, unless a discontinuance is necessary
for the safety of life and property.
[Ord. No. 7249 §1, 2-13-2006]
Applications for plan review and/or Building Permits shall be accompanied by a drawing or plat, in duplicate, showing the lot plan; the location of the building on the lot; accurate dimensions of the building and lot; and other information as may be required in the Section on "B-1" Local Shopping District regulations, "B-2" Central Business District regulations, "B-3" Extensive Commercial District regulations, "B-4" Highway Commercial District regulations, "M-1" Limited Industrial District regulations and "M-2" Industry District regulations or exterior design regulations (Section
405.250); or which is necessary to provide for the enforcement of these regulations or the subdivision regulations. The plat shall be prepared after the lot has been staked by a registered land surveyor or registered professional engineer. A careful record of the original copy of such applications and plans shall be kept in the office of the Building Commissioner and the duplicate copy shall be kept at the subject site at all times during construction.
[Ord. No. 7249 §1, 2-13-2006]
A. The
City Council may from time to time, on its own motion or on petition,
after at least fifteen (15) days' public notice and hearings as provided
by law, amend, supplement or change, modify or repeal the boundaries
or regulations herein or subsequently established after submitting
same to the Planning and Zoning Commission for its recommendations
and report.
B. The
Commission may make a preliminary report and may hold a public hearing
thereon before submitting its final report to the City Council.
C. In
the case of an application for a change in the Zoning District Map
which would apply to only one (1) lot or parcel or two (2) or more
contiguous lots or parcels, the Commission may request the applicant
to submit a site plan showing how the tract will be developed and
to impose deed restrictions controlling the use of the tract. The
site plan shall meet the standards for a preliminary subdivision plat
and shall also indicate the location of building areas, parking, circulation,
access and open space. Material submitted therein shall show the location
and character of proposed signs, fences, landscaping and other data
required by the Commission.
D. The
Commission may condition its affirmative recommendation on the applicant's
recording of the site plan and deed restrictions which shall be enforceable
by the Commission for a period of twenty (20) years. Such plan and
restrictions shall not be recorded until the City Council has amended
the Zoning District Map.
E. If,
after a presentation to the Commission, a petition to transfer a tract
of land from one Zoning District to another is disapproved by said
Commission, the Commission shall not reconsider a presentation transferring
the same tract of land to the same Zoning District requested in the
disapproved petition within six (6) months following the date of the
aforesaid disapproval, unless all members of the Commission present
at a regular meeting approve such request for reconsideration.
F. The
Building Commissioner shall cause a sign or signs to be placed on
each parcel of land on which a Zoning District change or Special Use
Permit has been requested from the City Council. A copy of the public
hearing notice regarding proposed change shall be attached to said
sign. The sign or signs shall be placed on such land at least ten
(10) days prior to the public hearing to be held by the City Council
and shall be posted in a conspicuous place upon said land at a point
nearest the right-of-way of any street or roadway abutting such land.
G. In
case, however, of a protest against such change duly signed and acknowledged
by the owners of thirty percent (30%) or more either of the area of
the land (exclusive of streets and alleys) included in such proposed
change or within an area determined by lines drawn parallel to and
one hundred eighty-five (185) feet distance from the boundaries of
the District proposed to be changed, such amendment shall not become
effective except by the favorable vote of two-thirds (2/3) of all
the members of the City Council.
H. If,
after a public hearing by the City Council as herein prescribed, a
petition to transfer a tract of land from one Zoning District to another
is rejected or disapproved, no public hearing may be granted to consider
a petition for like change or amendment concerning the same tract
of land for six (6) months following the date of the aforesaid rejection
or disapproval, unless at least seven (7) members or two-thirds (2/3)
of all members of the City Council, present or otherwise, whichever
is the larger number, shall approve such request for the public hearing.
[Ord. No. 7249 §1, 2-13-2006]
It shall be the duty of the Mayor, through the appropriate officials
and departments, to enforce this Chapter. The owner or agent of a
building or premises in or upon which a violation of any provision
of this Chapter has been committed or shall exist; or the lessee or
tenant or an entire building or entire premises in or upon which violation
has been committed or shall exist; or the owner, agent, lessee or
tenant or any part of the building or premises in or upon which such
violation has been committed or shall exist; or the agent, architect,
building contractor or any other person who commits, takes part or
assists in any violation or who maintains any building or premises
in or upon which such violation shall exist shall be guilty of a misdemeanor
punishable by a fine of not less than ten dollars ($10.00) and not
more than one hundred dollars ($100.00) for each and every day that
such violation continues; but if the offense be willful, on conviction
thereof, the punishment shall be a fine of not less than twenty-five
dollars ($25.00) or more than one hundred dollars ($100.00) for each
and every day that such violation shall continue or by imprisonment
for not more than ten (10) days for each and every day such violation
shall continue or by both such fine and imprisonment in the discretion
of the court. Any such person who, having been served with an order
to remove any such violation, shall fail to comply with said order
within ten (10) days after such service or shall continue to violate
any provision of the regulations made under authority of this ordinance
in the respect named in such order shall also be subject to a civil
suit by any citizen injured or aggrieved by such violation for damages.
[Ord. No. 7249 §1, 2-13-2006]
This Chapter shall be in full force and effect from and after
passage and approval.