[1960 Code § 12.08.010; amended Ord. 35, 8-18-1975; Ord. 79, 5-1978; Ord. 108, 4-21-1980; Ord. 164, 4-2-1984; Ord. 199, 3-18-1985; Ord. 259, 9-6-1988; Ord. 317, 10-15-1990; Ord. 402, 8-7-1995; Ord. 551, 9-16-2001; Ord. 2014-820, 9-2-2014; Ord. 2015-838, 9-21-2015]
For the purpose of this title certain terms or words used herein
shall be interpreted or defined as follows:
The singular number includes the plural. The word "person" includes
a corporation as well as an individual. The word "lot" includes the
word "plot" or "parcel". The term "shall" is always mandatory. The
word "used" or "occupied" as applied to any land or building shall
be construed to include the words "intended, arranged or designed
to be used or occupied".
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or buildings.
The growing of crops in the open, raising of stock and poultry,
forestry, mushroom growing, flower gardening, operation of apiaries
and aviaries, nurseries, orchards, fur farms, roadside stands, signs
and billboards, relating to the sale or use of products produced thereon,
and necessary structures and farm dwellings for such uses.
As applied to a building or structure, is a change or rearrangement
in the structural parts or in the exit facilities; or an enlargement
whether by extending on a side or by increasing height; or the moving
from one location or position to another.
A building other than a hotel where meals, or lodging and
meals, are provided for compensation pursuant to previous arrangement.
A structure designed, built or occupied as a shelter or roofed
enclosure for persons, animals or property, including tents, lunch
wagons, dining cars, camp cars, trailers and other roofed structures
on wheels or other supports used for residential business, mercantile,
storage, commercial, industrial, institutional, assembly, educational
or recreational purposes. For the purpose of this definition "roof"
includes an awning or other similar covering whether or not permanent
in nature.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches whether
enclosed or unenclosed, but does not include steps.
A building in which is conducted the main or principal use
of the lot on which the building is situated.
A group home for eight or fewer developmentally disabled
or mentally ill adults who are unable to live independently but are
capable of community living if provided with an appropriate level
of supervision, assistance, and support services. A community integrated
living arrangement may provide training and guidance to residents
in the skills of daily living and shall provide opportunities for
participation in community activities. A community integrated living
arrangement shall not be a medical or nursing facility and excludes
facilities for the treatment of drugs, alcohol, and chemical dependency,
criminal offenders in work release and parole/probation halfway houses.
That percentage of the plot or lot area covered by the building
area.
Any childcare facility which regularly provides daycare for
less than 24 hours per day for: a) more than eight children in a family
home, or b) more than three children in a facility other than a family
home. This term shall not apply to those programs excluded under the
Illinois childcare act, as amended.
Family home which receives more than three up to a maximum
of eight children for less than 24 hours per day. The maximum of eight
children includes the family's natural or adopted children and
all other persons under the age of 14 years.
A dwelling or portion thereof providing complete living facilities
for one family, but not to include trailer coaches or mobile homes.
DWELLING, SINGLE-FAMILYA permanent building, separate and freestanding, in itself providing living accommodations for one family.
DWELLING, TWO-FAMILYA permanent building designed exclusively for occupancy by two families.
DWELLING, MULTIPLE-FAMILYA permanent building or portion thereof providing separate living accommodations for three or more families.
A group of one or more persons occupying a premises and living
as a single housekeeping unit, whether or not related to each other
by birth, adoption or marriage, but no unrelated group shall consist
of more than five persons, as distinguished from a group occupying
a "boarding house" or "hotel", as defined in this section.
A man-made structure, which is constructed for the purpose
of or has the effect of enclosing or screening in the area it is constructed
upon.
Materials such as cinder block, plank lumber over six inches
in width, scrap lumber, scrap materials, pallet lumber, plastic pipe,
"chicken wire mesh" (except as allowed around a planted vegetable
garden, as seasonally required), square wire farm fence, fabric, burlap,
plastic or canvas tarp and wood and plastic snowfencing.
A fence including gates, which has over its entirety, no
less than 50% of the surface area in open space. Examples include,
but are not limited to: chainlink, wrought iron, picket and split
rail.
A fence which is not open over 50% of the surface area. Examples
include, but are not limited to: stockade, board and batten, chainlink
with woven slat inserts and brick.
The numerical value obtained through dividing the gross floor
area of a building or buildings by the total area of the lot or parcel
of land on which such building or buildings are located.
For the purpose of determining floor area ratio, the gross floor
area of a building or buildings shall be the sum of the gross horizontal
areas of the several floors of such building or buildings, measured
from the exterior faces of exterior walls or from the centerline of
party walls separating two buildings. In particular, "gross floor
area" includes:
Basement space, if at least 1/2 of the basement story height
is above the average level of the finished grade;
Elevator shafts and stairwells at each floor;
Attic floor space, provided there is structural headroom of
more than 7 1/2 feet;
Interior balconies and mezzanines;
Enclosed porches;
Accessory uses other than floor space devoted exclusively to
accessory off street parking or loading.
"Gross floor area" for the purpose of determining floor area
ratio, however, shall not include:
Floor space devoted exclusively to accessory off street parking
or loading;
Basement space where more than 1/2 the basement story height
is below the average level of the finished grade;
Elevator and stair bulkheads, water tanks and cooling towers;
Attic floor space where structural headroom is 7 1/2 feet
or less;
Floor space used for mechanical equipment where structural headroom
is 7 1/2 feet or less;
Terraces, breezeways and open porches.
A facility for childcare in residences of families who receive
no more than eight children unrelated to them, unless all the children
are of common parentage, for the purpose of providing family care
and training on a full time basis. The family's own children,
under 18 years of age, shall be included in determining the maximum
number of children served.
An accessory building housing not more than four motor vehicles
for the use of the occupants of the lot on which the private garage
is located, or for the use of not more than one nonresident, pursuant
to previous arrangement, and not to transients, and at which automobile
fuels and oils are not sold, and motor vehicles are not equipped,
repaired, hired or sold.
Any garage other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
rental, greasing, washing, servicing, adjusting, selling or equipping
of automobiles or other motor vehicles.
The average, undisturbed elevation of the finished surface
of the ground adjoining the exterior walls of a building or structure
prior to excavation or construction operations.
Any use conducted entirely within a dwelling by the occupant
of the dwelling and as a secondary use which is clearly incidental
to the use of the dwelling for residential purposes. Such a use shall
employ not more than one person outside the family residents in dwelling,
have not more than 25% of its total floor area used for nonresidential
purposes, and produce no offensive noise, vibration, smoke, dust,
heat or glare, and have a sign no greater than one square foot in
residence districts and six square feet in agricultural districts.
A home occupation, however, shall not include the conduct of any retail
or wholesale business or manufacture.
One or more buildings or structures primarily devoted to
the rendering of health, medical, and nursing care to persons on an
inpatient basis, and which provide facilities and services of a scope
and type customarily provided by hospitals, which may include facilities
for intensive care and self-care; clinics and outpatient facilities;
clinical, pathological, and other laboratories; healthcare research
facilities; laundries; training facilities for nurses, interns, physicians,
and other staff members; food preparation and food service facilities;
administration, central service and other administrative facilities;
medical office facilities owned and operated by the hospital for physicians
who are members of the hospital staff and health group; and other
general hospital facilities. This definition shall not be construed
to include facilities and structures owned by the hospital but leased
as nonstaff offices and not directly operated by the hospital.
A building in which lodging or boarding and lodging are provided
and offered to the general public for compensation and in which ingress
and egress to and from all rooms is made through a central lobby or
office supervised by a person in charge at all hours. A hotel may
include a restaurant, cocktail lounge, public banquet halls, ballrooms,
or meeting rooms.
A transitional residential setting which provides guidance,
supervision, training, and other assistance to ambulatory, mildly
and moderately developmentally disabled or mentally ill adults, with
the goal of eventually moving these persons to more independent living
arrangements. Residents are required to participate in day activities,
such as vocational training, sheltered workshops, or regular employment.
An intermediate care facility shall not be a nursing or medical facility
and shall house no more than five residents, excluding staff. An intermediate
care facility shall not include facilities for the treatment of drugs,
alcohol, or chemical dependency, criminal offenders in work release
or parole and probation halfway houses.
A portion or parcel of land considered as a unit, devoted
to a certain use or occupied by a building or a group of buildings
that are united by a common interest or use, and the customary accessories
and open spaces belonging to the same.
A facility operated by an organization or business that is
registered by the department of agriculture to perform necessary activities
to provide only registered medical cannabis dispensing organizations
with usable medical cannabis, per the compassionate use of medical
cannabis pilot program act, enacted by the state of Illinois, effective
January 1, 2014, as may be amended from time to time.
A facility operated by an organization or business that is
registered by the department of financial and professional regulation
to acquire medical cannabis from a registered cultivation center for
the purpose of dispensing cannabis, paraphernalia, or related supplies
and educational materials to registered qualifying patients, per the
compassionate use of medical cannabis pilot program act, enacted by
the state of Illinois, effective January 1, 2014, as may be amended
from time to time.
A building or a group of detached, semidetached or attached
buildings containing guestrooms or dwelling units each of which, or
each pair of which, has a separate entrance leading directly from
the outside of the building, with garage or parking space conveniently
located to each unit, and which is designed, used or intended to be
used primarily for the accommodation of motor vehicle transients.
Motels do not include hotels, boarding houses or trailer courts.
A structure lawfully existing at the time of adoption of
this title, or any amendment thereto, and which does not conform to
the regulations of the district in which it is located.
A use which is a lawfully occupied structure or land at the
time of adoption of this title, or any amendment thereto, and which
does not conform with the regulations of the district in which it
is located. For the purposes of this title, any use lawfully established
on the effective date hereof, which is nonconforming solely by virtue
of lacking off street parking or loading facilities as required hereafter
for new uses, shall not be deemed a nonconforming use.
An all weather surfaced area within the lot lines, enclosed
in the main building, in an accessory building, or unenclosed, sufficient
in size to store one standard automobile. For purposes of interpreting
this provision, a parking space shall be deemed to be not less than
180 square feet.
Any building or premises used for the dispensing, sale or
offering for sale at retail of any automobile fuel or oils. When the
dispensing, sale or offering for sale is incidental to the conduct
of a public garage, the premises are classified as a public garage.
A congregation of shopping facilities usually on a commonly
owned lot. Normally the center contains from three to 10 stores with
a supermarket as its focal point or in a larger center, a junior department
store.
Use of such variable nature as to make control by rigid preregulations
impractical. After receiving a report and recommendation of the planning
commission relative to the impact of such development upon neighboring
land and of the public need for the particular use at the particular
location, and after a duly published hearing before the City planning
commission, such "special use" may be granted by the City Council.
Special uses are those uses which cannot be adequately controlled
by simple preregulation through rigid dimensional and use standards.
Special uses are those which require individual review by the Lincoln
planning commission to assure conformance with the intent of all comprehensive
plan elements.
Residential planned unit development R-3: A desirable but unconventional
residential land development on land over five acres, that is imaginatively
designed to fit local site conditions and provide improved living
environments.
Special residential development in residential district: The
granting of special exceptions for small development under five acres
where there exists widespread topographical or other natural conditions,
or irregular shaped lots, which would make conventional developments
as permitted by strict interpretation of this zoning title difficult,
resulting either in a hardship to the developer or an undesirable
situation in regard to public interest.
Planned commercial shopping centers in C-2 districts: Shopping
centers are of such size and nature as to often result in major overloads
to transportation or utility systems and thus require careful planning
and/or special conditions to prevent congestion or major improvement
obligations. In all cases such development shall provide all necessary
provisions to protect the value and general living environments of
surrounding residential developments.
Multi-family units and offices in the R-2 district.
Specific uses in the I-2 district.
Cave homes.
A public or private thoroughfare which affords the principal
means of access to abutting property.
A combination of materials, other than a building, to form
a construction that is safe and stable and includes among other things
stadiums, platforms, radio towers, sheds, storage bins, fences and
display signs.
A movable or portable unit designed and constructed to be
transported, comprised of a frame and/or wheels and so designed to
be connected to utilities for a year round occupancy and provide complete
independent living facilities including provisions for cooking, sleeping
and sanitation. The term includes units containing parts that may
be collapsed or telescoped when being transported and then expanded
to provide additional cubic capacity, and units composed of two or
more separately transportable components designed to be joined into
an integral unit capable of being separated again into components
for repeated transporting. Removal of wheels, towing devices or any
other alteration does not qualify a mobile home as a conventional
single-family dwelling unless such alterations enable the unit to
meet the building code as adopted by the City of Lincoln.
The premises upon which one or more occupied trailer coaches
is located.
An open, unoccupied space on the same lot with the main building
situated between the front lot line and the required building setback
line, extending the full width of the lot. In residence districts,
the required front yard and the space situated between the minimum
front setback line and the front line of the building extended the
full width of the lot shall not be used for the parking or storage
of trailers, boats or other personal property, excluding therefrom
vehicles used to transport persons for their day to day activities
which must be parked on an all weather surfaced driveway-accessway
to the required parking space(s). Required parking space(s) shall
be located behind the minimum front setback line and the front line
of the building. If the requirement for an all weather surfaced driveway-accessway
leading to the required parking space(s) has been met, an additional
width of driveway-accessway up to 12 feet may be constructed. However,
the total driveway width shall not exceed 24 feet at the property
or right of way line. A semicircular driveway shall be permitted in
the front yard of a lot, provided that the minimum width of the lot
shall be 70 feet and the minimum setback from the front lot line to
the inside of the driveway curb line at its farthest point from the
front lot line is a minimum of 25 feet.
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot, or the centerline of the alley, if there is
an alley, and the rear line of the building.
An open unoccupied space on the same lot with a main building
situated between the side line of the building and adjacent side line
of the lot and extending from the rear line of the front yard to the
front line of the rear yard. If no front yard is required, the front
boundary of the side yard shall be the front line of the lot, and
if no rear yard is required, the rear boundary of the side yard shall
be the rear line of the lot.
[1960 Code § 12.08.080; Ord. 77, 5-1978]
(A)
The lawful use of any building or structure or land existing at the
time of the passage of this title may be continued, although such
use does not conform with the provisions of this title.
(B)
A nonconforming use shall not be extended, but the extension of a
lawful use to any portion of the building design for a nonconforming
use which existed prior to the enactment of this title, shall not
be deemed the extension of such nonconforming use. Any such valid
extension must meet the lot area, side yard, front yard and rear yard
requirements provided for that district in which the nonconforming
building is located. A nonconforming use of land shall not be extended,
or moved to another area of the plot, or increased in intensity of
use.
(C)
A nonconforming building may not be reconstructed or structurally
altered during its life to an extent exceeding in aggregate cost 50%
of the current fair market value of the building unless the building
is changed to a conforming use. A building designed for a nonconforming
use, however, may be reconstructed or altered beyond the limitations
herein provided by the action of the board of appeals, after hearing
as required by law in the case of variances. The limitations herein
provided shall not prohibit the restoration to a safe condition of
any structure or portion thereof declared unsafe by a proper authority.
(D)
If a nonconforming use has ceased for one year or more, it shall
not be reestablished.
(E)
Once changed to a conforming use, no building or land shall be permitted
to revert to a nonconforming use. A nonconforming use shall not be
substituted or added to another nonconforming use, except that an
equivalent use may be substituted on recommendation of the board of
appeals.
(F)
Whenever the boundaries of a district shall be changed so as to transfer
an area from one district to another district of a different classification,
the foregoing provisions shall also apply to any nonconforming uses
existing therein.
[Ord. 247, 12-7-1987]
In applying for a special use, the application shall follow
all procedures set forth on zoning permits. The zoning enforcement
officer shall refer the applications to the planning commission. The
planning commission, after careful review of the application for special
use, and, after holding a public hearing in accordance with state
statutes shall make a recommendation within 30 days of the concluded
public hearing, forwarding such recommendations directly to the City
Council. The Council may approve, modify or disapprove the application.
In case of approval or disapproval with modification, this authorization
shall remain on permanent file with the application. The Council may
attach special conditions to ensure conformance with the intent of
all comprehensive plan elements. In case of disapproval by the planning
commission, the application shall not be approved by the City Council
unless there is a favorable vote of at least 2/3 of all members of
the City Council.
The special use shall, in all other respects, conform to the
applicable regulations of the district in which it is located except
as such regulations may be modified by another provision of this title
or the City Council.
[1960 Code, Sec. 12.08.010; amended Ord.
79, 5-1978]
No special use permit shall be recommended by the planning commission
unless there is a concurring vote of a majority of all members on
findings of fact that:
(A)
The establishment, maintenance or operation of the special use will
not be detrimental to or endanger the public health, safety, morals,
comfort or general welfare.
(B)
The special use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purpose already permitted
nor substantially diminish property values within the neighborhood.
(C)
The establishment of the special use will not impede the normal and
orderly development and improvement of the surrounding property for
uses permitted in the district.
(D)
Adequate utilities, access roads, drainage or necessary facilities
have been or will be provided.
(E)
Adequate measures have been or will be taken to provide ingress and
egress so designed as to minimize traffic congestion in the public
streets.
(F)
The special use is necessary for public convenience at that location.
[1960 Code, Sec. 12.08.090; amended Ord.
79, 5-1978]
The petitioner shall serve written notice by registered mail
at least 15 days prior to a hearing to all owners, as recorded in
the office of the county collector, of all property within 150 feet
of the tract for which a special use, conditional use, variance or
zoning map amendment is requested; provided however, that the number
of feet occupied by all public streets and alleys shall be excluded
from computing the 150-foot requirement. The petitioner for a special
use, conditional use, variance or zoning map amendment shall supply
to the enforcement officer a list under oath, containing the names
and addresses of all property owners who are notified. The notice
to the property owners shall contain the address of the tract, a brief
statement of the nature of the petitioner's request, and the
name(s) and address(es) of the legal owner(s) of the property for
which the special use, conditional use, variance or zoning map amendment
is requested.
[1960 Code, Sec. 12.08.100; amended Ord.
79, 5-1978; Ord. 159, 12-5-1983; Ord. 496, 1-18-2000]
It is unlawful to establish any use of a building, structure
or land, either by itself or in addition to another use, or to erect
a new building or structure, or part thereof, or to rebuild, structurally
alter, add to or relocate any building or structure or part thereof,
without obtaining a permit from the zoning enforcing officer in accordance
with the following regulations:
(A)
Building Permit Required: It is unlawful to commence the excavation
for or the construction of any building, including accessory buildings,
or to commence the moving or alteration of any building, including
accessory buildings, until the zoning enforcing officer has issued
a building permit for such work.
(B)
Storm Water Management Plan: Any application for permit for any commercial or industrial project of 1.5 acres in area, or any residential project containing five acres or more in area, shall include a storm water management plan meeting the requirements of Section 12-9-10 of this Code. The storm water management plan shall be approved by the City engineer before the zoning enforcement officer issues the building permit.
(C)
Issuance Of Building Permit: In applying to the zoning enforcing
officer for a building permit, the applicant shall submit a dimensioned
sketch or scale plan indicating the shape, size, height and location
of all buildings to be erected, altered or moved and of any building
already on the lot. He shall also state the existing and intended
use of all such buildings and supply such other information as may
be required by the zoning enforcing officer for determining whether
the provisions of this title are being observed. If the proposed excavation
or construction as set forth in the application is in conformity with
the provisions of this title and other City Code provisions, the zoning
enforcing officer shall issue a building permit for such excavation
or construction.
If a building permit is refused, the zoning enforcing officer
shall state such a refusal in writing, with the cause therefor, and
shall immediately forward such notices of refusal to the applicant.
The zoning enforcing officer shall grant or deny the permit within
10 days from the date the application is submitted.
1.
The issuance of a building permit shall in no case be construed as
waiving any provisions of this title.
2.
A building permit shall become void 90 days after issuance unless
substantial progress has been made by that date on the project described
therein.
3.
To partially defray the expense of administering this title, a fee
shall be collected by the zoning enforcing officer in accordance with
the following schedule:
(a)
Residential (New Construction And/Or Additions): Building permits
for residential uses shall be a minimum of $5, plus an additional
$0.50 for each $1,000 over $5,000.
(b)
Commercial And Industrial Uses: Building permits for commercial
and industrial uses shall be a minimum of $5, plus an additional $0.50
for each $500 up to $20,000, plus an additional $0.50 for each $1,000
improvement beyond $20,000.
(D)
Certificates Of Occupancy:
1.
No land shall be occupied or used and no building hereafter erected,
altered or extended shall be used or changed in use until a certificate
of occupancy shall have been issued by the zoning enforcing officer.
2.
All certificates of occupancy shall be applied for coincident with
the application for a building permit, and said certificate shall
be issued within three days after the erection or alterations shall
have been approved.
3.
Certificates of occupancy for the use of vacant land shall be applied
for before any such land shall be occupied or used, and a certificate
of occupancy shall be issued within three days after the application
has been made, provided such use is in conformity with the provisions
of this title.
4.
The zoning enforcing officer shall maintain a record of all certificates,
and copies shall be furnished, upon request, to any person having
a proprietary or tenancy interest in the building affected.
5.
No permit for excavation for, or the erection or alteration or repairs
to any building shall be issued until an application has been made
for a certificate of occupancy.
(E)
Driveway Permits: It is unlawful to commence the excavation for,
or the construction of any driveway or enlarging any existing driveway
whether constructed of dirt, cement, bituminous, macadam, or other
material without first obtaining a permit from the zoning enforcing
officer. The issuance of such a permit shall be without charge to
the applicant. If said construction, excavation or enlargement requires
for a break to be made in existing curb, it shall be unlawful to break
the curb in any manner other than by saw cut.
[1960 Code, Sec. 12.08.110; amended Ord.
79, 5-1978]
In their interpretation and application, the provisions of this
title shall be held to be minimum requirements adopted for the promotion
of the public health, morals, safety and the general welfare. Wherever
the requirements of this title are at variance with the requirements
of any other lawfully adopted rules, regulations or ordinances, the
most restricting, or that imposing the higher standards, shall govern.
It is not intended by this title to repeal, abrogate, annul,
or in any way impair or interfere with private restrictions placed
upon property by covenant, deed or other private agreement, or with
restrictive covenants running with the land. Where this title imposes
a greater restriction upon land, buildings or structures than is imposed
or required by such existing provisions of law, ordinance, contract
or deed, the provisions of this title shall control.
[1960 Code, Sec. 12.08.130; amended Ord.
79, 5-1978; Ord. 247, 12-7-1987; Ord. 635, 6-19-2006]
(A)
Amendments: The City Council may from time to time on its own motion
or on petition after report by a committee designated by the Council
and after hearing and public notice of such hearing given by one publication
in the City not less than 15 nor more than 30 days before hearing,
amend, supplement or change by ordinance, the regulations and districts
herein or subsequently established; in case of written protest against
any proposed amendment signed and acknowledged by the owners of 20%
of the frontage proposed to be altered, or by the owners of 20% of
the frontage immediately adjoining or across an alley therefrom, or
by the owners of 20% of the frontage directly opposite the frontage
proposed to be altered as to such regulations or district, filed with
the City Clerk, such amendment shall not be passed except by the favorable
vote of 2/3 of all members of the City Council.[1]
In all other cases not involving a written protest of the property
owners as hereinabove provided but involving a negative recommendation
by the planning commission, such amendment shall not be passed except
by the favorable vote of at least 2/3 of all members of the City Council.
[1]
See 65 ILCS 5/11-13-14.
(B)
Petition: Whenever owners of 50% or more of the street frontage in
any block shall present to the City Council a petition, duly signed
and acknowledged, requesting such amendment or reclassification, it
shall be the duty of the City Council to refer the petition to the
planning commission to hold a hearing thereon, as provided by statute.
Before any action shall be taken, as provided in this title,
the party or parties petitioning for a change shall deposit with the
City Treasurer a sum sufficient, as determined by the City Code enforcement
officer, to cover the cost of publication required for the matter
and any postage, and under no condition shall the sum or any part
thereof be refunded for failure of the amendment to be enacted into
law.
(C)
Review: Once a petition for a zoning map amendment or variance has
been reviewed and acted upon as prescribed in this title with final
determination made by the Plan Commission or Zoning Board of Appeals
or City Council, the identical zoning request on the same property
shall not be considered or heard again by the Plan Commission, Zoning
Board of Appeals or City Council until at least one year has expired
following the petition for final hearing and determination.
[1960 Code, Sec. 12.08.140; amended Ord.
713, 7-6-2010]
(A)
Any person who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions
of this title shall be fined not less than $75 nor more than $500
for each offense, and for any subsequent violation within one year,
the mandatory minimum fine shall be $150. Each day that a violation
is permitted to exist shall constitute a separate offense.
(B)
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure
or land is used in violation of this title, the proper authorities
of the City Council, in addition to other remedies, may institute
any appropriate action or proceedings to prevent such unlawful erection,
maintenance or use; to restrain, correct or abate such violation;
to prevent the occupancy of said building, structure or land; or to
prevent any illegal act, conduct, business or use in or about such
premises.
