This article covers the enforcement of zoning regulations. These provisions supplement other available enforcement mechanisms.

(a)

A use of property not permitted by this chapter is a nuisance.

(b)

A use of property permitted by this chapter shall not be undertaken in a manner which constitutes a nuisance.

(a)

A use of property existing on April 4, 1966, or a use of property existing after April 4, 1966, which was permitted by the then current zoning regulations of the City, but which was subsequently prohibited by the zoning regulations, is a lawful nonconforming use.

(b)

A lawful nonconforming use may be continued and maintained if there is no physical change other than: (1) maintenance and repair of a nonconforming building or structure; or (2) the reconstruction of a nonconforming building or structure partially damaged by fire, collapse, explosion, or acts of God if the expense of such reconstruction does not exceed 150% percent of the assessed value of the building or structure at the time the damage occurred, and the reconstruction is started within one (1) year from the date of the damage, and diligently prosecuted to completion.

(c)

Part of a building, structure, or land occupied by a nonconforming use which is changed to, or replaced by, a use conforming to the zoning regulations shall not thereafter be used or occupied by the earlier lawful nonconforming use.

(d)

If no structural alterations are made, a lawful, nonconforming use of a building or structure may be changed to another lawful, nonconforming use of a more restrictive classification with the written approval of the Planning Director.

(e)

Part of a building, structure, or land occupied by a lawful, nonconforming use, which use is abandoned or ceased for one year or more, shall not again be used or occupied for a lawful, nonconforming use.

(f)

A conforming conditional use established prior to [date] shall be permitted to continue as a lawful, nonconforming use until the expiration of the permit.

(g)

A nonconforming building or structure for which a building permit was issued may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted if construction was commenced prior to the effective date of the zoning amendment which prohibited such use or within sixty (60) days after the issuance of the building permit, whichever occurs first and construction is prosecuted diligently to completion.

(a)

Departments, officials, and employees vested with the duty or authority to issue permits or licenses shall conform this chapter and shall issue no permit or license for uses, buildings, or purposes in conflict with this chapter. A permit or license issued in conflict with this chapter null and void.

(b)

City employees may reasonably enter upon any premises affected by this chapter for the purposes of inspection. This subsection does not authorize City employees to enter a building without the consent of the owner or the person in lawful possession thereof without first securing a search warrant.

(a)

This chapter may also be enforced by injunction issued by the Superior Court upon the suit of the City or the owner or occupant of real property affected by a violation or prospective violation of the provisions of this chapter. Such method of enforcement shall be cumulative and shall in no way affect the penal enforcement of this chapter.

(b)

A building, structure, or other work of improvement erected, constructed, demolished, altered, improved, moved or converted contrary to this chapter or use of any land, structure, building, work of improvement, or premise established, conducted, operated, or maintained, contrary to this chapter is a public nuisance.

(c)

The City shall commence actions and proceedings for the abatement, removal, and enjoinment in the manner provided by law and shall take such other steps and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such building, structure, or use, and restrain and enjoin any person from erecting or maintaining such building or structure or using any property contrary to this chapter.

A person determined guilty of violating any provision of this Chapter shall, upon conviction thereof, be punishable as set forth in Chapter 2, Title 1 of this Code.