ADMINISTRATION, ENFORCEMENT, APPEAL, COMPLAINTS, AND REMEDIES
FOOTNOTE(S):
--- (3) ---
Cross reference— Administration, ch. 2.
It shall be the duty of the duly appointed building inspector to administer and enforce the provisions of this ordinance.
If the building inspector shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, building[s], or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.
All applications for building permits, sign permits, and temporary certificates of zoning compliance shall be accompanied by plans in duplicate 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; location of all trees of four inches or larger in caliper measured at breast height; 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 building inspector, 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, this ordinance.
One copy of the plans shall be returned to the applicant by the building inspector, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original copy of the plans, similarly marked, shall be retained by the building inspector.
No building, sign or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the building inspector. No building or sign permit shall be issued by the building inspector except in conformity with the provisions of this ordinance, unless he receives a variance as provided by this ordinance.
The building inspector shall issue sign permits in accordance with the provisions of the building code, or other laws in effect. Unlawful signs shall be made to comply with all regulations or shall be removed in accordance with the appropriate provisions set forth in the building code or this ordinance.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or parts thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the building inspector stating that the proposed use of the building or land conforms to the requirements of this ordinance and other codes and ordinances adopted by the city.
No nonconforming structure or use shall be changed, or extended, until a certificate of occupancy shall have been issued by the building inspector.
No permit for erection, alteration, moving, or repair of any building shall be issued until an application for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
Conditional uses, as listed in article VI, are declared to possess characteristics which require certain controls in order to insure compatibility with other uses in the district within which they are proposed for location.
(1104.1) General requirements. Conditional uses shall be permitted subject to a determination by the building inspector that they conform to all conditions set forth by the board of appeals as required by article XIII [XII], subsection (1304.3) [subsection 1201.03].
(1104.2) Conditional use administration and duration. Applications for permission to build, erect, or locate a conditional use shall be submitted and processed in accordance with the regulations set forth in this article, prior to the issuance of any permits.
(1104.3) Temporary uses. The building inspector is authorized to issue a temporary certificate of zoning compliance for temporary uses, as follows:
(a)
Carnival, circus, or fair, for a period not to exceed 21 days, subject to the approval of the city council.
(b)
Religious meeting in a tent or other temporary structure in C-2 and R-A, R-1 districts, for a period not to exceed 60 days.
(c)
Open lot sale of Christmas trees, fruit and vegetables and other harvested products in the NC, R-A, RA-1, C-2, and I-2 districts for a period not to exceed 45 days.
(d)
Real estate sales office, in any district, for a period not to exceed one year, provided no cooking or sleeping accommodations are maintained in the structure.
(e)
Contractor's office and equipment sheds, in any district, for a period of one year, provided that such office be placed on the property to which it is appurtenant.
(f)
All temporary certificates of zoning compliance may be renewed provided that it is determined that said use is clearly of a temporary nature, will not increase traffic congestion and will not create a nuisance to surrounding uses.
If the work described in any building permit has not begun within six months from the date of issuance thereof, said permit shall expire; it shall be cancelled by the building inspector, and written notice thereof shall be given to the persons affected.
Whenever a violation of this ordinance 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 building inspector. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance.
Any person violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined, as determined by the court, for each offense. Each day such violation continues shall constitute a separate offense.
Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
It is the intention of this ordinance that all questions arising in connection with the enforcement of the ordinance shall be presented first to the building inspector and that such questions shall be presented to the city council, only on appeal from the decision of the building inspector.
ADMINISTRATION, ENFORCEMENT, APPEAL, COMPLAINTS, AND REMEDIES
FOOTNOTE(S):
--- (3) ---
Cross reference— Administration, ch. 2.
It shall be the duty of the duly appointed building inspector to administer and enforce the provisions of this ordinance.
If the building inspector shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, building[s], or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.
All applications for building permits, sign permits, and temporary certificates of zoning compliance shall be accompanied by plans in duplicate 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; location of all trees of four inches or larger in caliper measured at breast height; 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 building inspector, 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, this ordinance.
One copy of the plans shall be returned to the applicant by the building inspector, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original copy of the plans, similarly marked, shall be retained by the building inspector.
No building, sign or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the building inspector. No building or sign permit shall be issued by the building inspector except in conformity with the provisions of this ordinance, unless he receives a variance as provided by this ordinance.
The building inspector shall issue sign permits in accordance with the provisions of the building code, or other laws in effect. Unlawful signs shall be made to comply with all regulations or shall be removed in accordance with the appropriate provisions set forth in the building code or this ordinance.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or parts thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the building inspector stating that the proposed use of the building or land conforms to the requirements of this ordinance and other codes and ordinances adopted by the city.
No nonconforming structure or use shall be changed, or extended, until a certificate of occupancy shall have been issued by the building inspector.
No permit for erection, alteration, moving, or repair of any building shall be issued until an application for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
Conditional uses, as listed in article VI, are declared to possess characteristics which require certain controls in order to insure compatibility with other uses in the district within which they are proposed for location.
(1104.1) General requirements. Conditional uses shall be permitted subject to a determination by the building inspector that they conform to all conditions set forth by the board of appeals as required by article XIII [XII], subsection (1304.3) [subsection 1201.03].
(1104.2) Conditional use administration and duration. Applications for permission to build, erect, or locate a conditional use shall be submitted and processed in accordance with the regulations set forth in this article, prior to the issuance of any permits.
(1104.3) Temporary uses. The building inspector is authorized to issue a temporary certificate of zoning compliance for temporary uses, as follows:
(a)
Carnival, circus, or fair, for a period not to exceed 21 days, subject to the approval of the city council.
(b)
Religious meeting in a tent or other temporary structure in C-2 and R-A, R-1 districts, for a period not to exceed 60 days.
(c)
Open lot sale of Christmas trees, fruit and vegetables and other harvested products in the NC, R-A, RA-1, C-2, and I-2 districts for a period not to exceed 45 days.
(d)
Real estate sales office, in any district, for a period not to exceed one year, provided no cooking or sleeping accommodations are maintained in the structure.
(e)
Contractor's office and equipment sheds, in any district, for a period of one year, provided that such office be placed on the property to which it is appurtenant.
(f)
All temporary certificates of zoning compliance may be renewed provided that it is determined that said use is clearly of a temporary nature, will not increase traffic congestion and will not create a nuisance to surrounding uses.
If the work described in any building permit has not begun within six months from the date of issuance thereof, said permit shall expire; it shall be cancelled by the building inspector, and written notice thereof shall be given to the persons affected.
Whenever a violation of this ordinance 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 building inspector. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance.
Any person violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined, as determined by the court, for each offense. Each day such violation continues shall constitute a separate offense.
Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
It is the intention of this ordinance that all questions arising in connection with the enforcement of the ordinance shall be presented first to the building inspector and that such questions shall be presented to the city council, only on appeal from the decision of the building inspector.