Auburn City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 152.235 GENERALLY.
(A) An administrative official designated by the City Council shall administer and enforce this chapter. He or she may be provided with the assistance of the other persons as the Mayor and Council may direct.
(B) If the administrative official shall find that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for the violations, indicating the nature of this violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(Prior Code, § 11-601)
§ 152.236 SCHEDULE OF FILING FEES.
Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(A) All fees and charges shall be determined by resolution of the City Council and shall accompany each application for filing an appeal or request to the Board of Adjustment, rezoning and special use permits.
(B) For the purpose of wholly or partially defraying the cost of special use permit hearings, including publication costs, mailing of notices and the like, the applicant, upon filing of the application shall pay to the administrative official a fee as determined by the City Council. Promptly upon the filing of any the application, the administrative official shall refer the application to the Planning Commission for study and recommendation, and shall report to the City Council concerning the nature of the application and that the application has been referred to the Planning Commission.
(Prior Code, § 11-602)
§ 152.237 OCCUPANCY PERMITS.
(A) No structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of these regulations shall be occupied or used for any purpose; and no land vacant on the effective date of these regulations shall be used for any purpose; and no use of land or structure shall be changed to any other use, unless an occupancy permit shall first have been obtained from the Building Inspector certifying that the proposed use of occupancy complies with all the provisions of these zoning regulations.
(B) Every application for a building permit shall be deemed to be an application for an occupancy permit. Every application for an occupancy permit for a new or changed use of land or structures where no building permit is required shall be filed with the Building Inspector and be in the form and contain the information as the Building Inspector shall provide by general rule.
(C) No occupancy permit for a structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of these regulations shall be issued until the work has been completed and the premises inspected and certified by the Building Inspector to be in full and complete compliance with the plans and specifications upon which the building permit was issued. No occupancy permit for a new use of any structure or land shall be issued until the premises have been inspected and certified by the Building Inspector to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located. Pending the issuance of a permanent occupancy permit, a temporary occupancy permit may be issued to be valid for a period not to exceed six months from its date pending the completion of any addition or during partial occupancy of the premises. An occupancy permit shall be issued, or written notice; shall be given to the applicant stating the reasons why a permit cannot be issued, within ten days after the receipt of any application therefore, or after the Building Inspector is notified in writing that the structure or premises are ready for occupancy.
(D) The special exceptions uses shall conform to the intent and purpose of this chapter and the following requirements.
(1) The use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(2) The use shall conform to all other applicable ordinances, laws and regulations of any governmental jurisdiction.
(3) The use shall have adequate water, sewer and drainage facilities approved by the City Council.
(4) The use shall not interfere with permitted agricultural uses in the surrounding area.
(5) The use shall be in harmony with the character of the area and the most appropriate use of the land.
(E) In case of protest against the special use permit, signed by the owners of 20% or more either of the area of the lots included in the proposed change, or of those immediately adjacent on the side and in the rear thereof extending 300 feet, therefrom, and of those directly opposite thereto extending 300 feet from the street frontage of the opposite lots, the special use permit shall not become effective, except by the favorable vote of three-fourths of all members of the City Council.
(F) Special conditions shall be required for the following uses:
(1) Child care center/pre-schools.
(a) The application shall be accompanied by the following information:
1. Number and ages of children to be cared for at facility;
2. Number of full-time and part-time staff members; and
3. Physical description and layout of facility, including proposed improvements and alterations to existing facility; parking spaces, loading and unloading area(s), proposed traffic flow including ingress and egress, fence, play area and floor plan.
(b) Shall provide at least 100 square feet of open space per child. This open space shall be 100% enclosed by a solid fence or wall at least four feet, but not more than six high. Open space/play area shall be readily accessible to the main facility, free from hazards and set away from main street;
(c) Shall provide the parking and loading spaces as required in § 152.145;
(d) Shall conform with all requirements of the state and shall acquire a state day care center license or a state pre-school license; and
(e) The use of mobile homes for the facility is prohibited.
(2) Private swimming pools.
(a) Shall be located at least ten feet from the nearest property line;
(b) Shall be walled or fenced as to prevent uncontrolled access by children from the street or any adjacent property;
(c) Shall be screened by a solid or semi-solid wall or fence at least six feet, but not more than eight feet high, and having a density of not less than 80% per square foot, where the property on which the pool is located abuts a residential district; and
(d) Shall conform to the National Electric Safety Code and all applicable city codes.
(3) Kennels (breeding and boarding).
(a) The minimum lot size shall be not less than two acres.
(b) No kennel buildings or runs shall be located nearer than 75 feet to any property line.
(c) All kennel runs or open areas shall be screened around the areas or at the property lines to prevent the distraction or excitement of the dogs. The screening may be mature, dense deciduous foliage (double row), solid masonry, brick or stone wall, louvered wood, stockade or chainlink fence with aluminum strip intertwined, or other equivalent fencing, providing a sight barrier to the dogs.
(4) Auto wrecking yards, junk yards, salvage yards and scrap processing yards.
(a) Shall be located on a tract of land at least 300 feet from a residential district zone.
(b) The operation shall be conducted wholly within a noncombustible building or within an area completely surrounded on all sides by a fence or wall at least eight feet high. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to ensure maximum safety to the public, obscure the junk from normal view of the public and preserve the general welfare of the neighborhood. The fence or wall shall be installed in the a manner as to retain all scrap, junk or other material within the yard. No scrap, junk or other salvaged materials may be piled so to exceed the height of this enclosing fence or wall.
(c) No junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside the enclosed building, fence or wall, or within the public right-of-way.
(d) Burning of paper, trash, junk or other waste materials shall be prohibited.
(e) No junk, salvage, scrap or other materials shall be piled or stacked higher than the top of the required fence or wall.
(5) Funeral, mortuary or crematory services. Shall be located on a collector or arterial street as shown in the Comprehensive Plan.
(6) Tower, propeller, generation system.
(a) No tower or propeller snail be so located as to ever be within 100 feet of any structure, power line or antenna located on other than the property on which the system is located.
(b) The height of a wind generation system shall not exceed by more than 50% the height requirement of the district in which it is located and the bottom tip of any propeller shall be at least ten feet above any accessible pedestrian area.
(c) The system and component parts must be totally surrounded by a fence having a minimum height of six feet and a maximum height of eight feet unless otherwise physically inaccessible to the public.
(d) The system shall not cause interference to the radio and television reception on adjoining property.
(e) The system shall contain a breaking device for speeds above 40 mph.
(f) The safety results of an approved testing laboratory shall be submitted.
(Prior Code, § 11-603)
§ 152.999 PENALTY.
(A) Ordinance declared to be minimum requirement. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the higher standards, shall govern.
(Prior Code, § 11-1101)
(B) Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. The complaint stating fully the causes and basis thereof shall be filed with the administrative official. He or she shall record properly the complaint, immediately investigate and take action thereon as provided by this chapter.
(Prior Code, § 11-1102)
(C) Penalties.
(1) Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances of special exceptions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100 for any one offense. Each day the violation continues after notice of violation is given to the offender may be considered a separate offense.
(2) The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains the violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(3) 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 chapter or other regulations, the city may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate the violation, to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises.
(Prior Code, § 11-1103)
(D) Violations; penalty.
(1) Any person, or any person’s agent or servant, who violates any of the provisions of this chapter, unless otherwise specifically provided herein, shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this chapter.
(2) (a) Whenever a nuisance exists as defined in this chapter, the city may proceed by a suit in equity to enjoin, abate and remove the same in the manner provided by law.
(b) Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(Prior Code, § 11-1301)
(E) Penalties for violation of § 152.039.
(1) Violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
(2) Nothing herein contained shall prevent the city or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 6-00, passed 7-10-2000; Ord. 8-09, passed - -2009)
Statutory reference:
Related provisions, see Neb. RS 17-505, 18-1720, 18-1722