It shall be the duty of the city manager or designee to administer and enforce the provisions of this land development code, and they are hereby given the authority to do so.

(Code 1998, § 122-31; Code 2008, § 122-31; Ord. No. 281-C, § 1(ch. 16, art. II, § 1(A)), 11-8-1994)

All applications for building permits for properties that include areas of special flood hazard shall include a survey which indicates the established high-water mark and 100-year floodplain. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan. A survey which indicates encroachment into the 100-year floodplain, that is in accordance with the comprehensive plan, must also indicate the area within the 100-year floodplain that is proposed to be encroached upon and must show the percentage of the 100-year floodplain that will be affected, this shall include not only the building pad but also any area to be filled.

(Code 1998, § 122-32; Code 2008, § 122-32; Ord. No. 281-C, § 1(ch. 16, art. II, § 1(B)), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999)

If construction has not started and inspection been called for within six months of the date of the issuance of the building permit, the permit becomes invalid.

(Code 1998, § 122-33; Code 2008, § 122-33; Ord. No. 281-C, § 1(ch. 16, art. II, § 1(C)), 11-8-1994)

(a)

A certificate of occupancy issued by the planning and development services department is required in advance of the use or occupancy of:

(1)

Any lot or a change in use thereof;

(2)

A building hereafter erected or a change in the use of an existing building.

(b)

No certificate of occupancy shall be issued unless the lot or building or structure complies with all the provisions of this land development code or exceptions granted by the board of zoning adjustment.

(c)

No certificate of occupancy shall be issued if any damage to structures or utilities on city street rights-of-way has occurred in direct connection with the construction, unless such damage has been satisfactorily repaired or payment for the damage has been made to the city. Also included in this requirement shall be the payment of all fees due the city for reinspection, water and any other obligations.

(d)

A record of all certificates of occupancy shall be kept on file in the office of the building services department and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land involved.

(Code 1998, § 122-34; Code 2008, § 122-34; Ord. No. 281-C, § 1(ch. 16, art. II, § 1(D)), 11-8-1994)

Any person violating any provision of this land development code, upon conviction, shall be punished in accordance with section 1-7 and state law for each offense. Each day such violation continues shall constitute a separate offense.

(Code 1998, § 122-35; Code 2008, § 122-35; Ord. No. 281-C, § 1(ch. 16, art. II, § 1(E)), 11-8-1994)

If any building or structure is erected, constructed, reconstructed, repaired, converted or maintained or any building, structure or land is used in violation of this land development code, the planning and development services department or other appropriate authority, or any adjacent or other property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such building, structure or land.

(Code 1998, § 122-36; Code 2008, § 122-36; Ord. No. 281-C, § 1(ch. 16, art. II, § 1(F)), 11-8-1994)

(a)

Existing nonconforming lots. Where the owner of a plot of land consisting of one or more adjacent lots or plots which at the time of the enactment of the ordinance from which this land development code is derived (lots of record as of September 10, 1968) did not have sufficient contiguous land to enable the owner to conform to the minimum lot size requirements of this land development code, such plot of land may nevertheless be used as a building site for a single-family residence, provided it meets with all yard requirements of the district in which it is located.

(b)

Adjustment to required front yard setback for dwellings. If 50 percent or more of the frontage on one side of the street between two intersecting streets is improved with buildings that observe a front yard setback forward of the required front yard setback established by this land development code, the minimum front yard setback on the lot shall be the average setback of all the buildings on that side of the block.

(c)

Continuance of nonconforming uses. The lawful use of land or buildings existing at the time of adoption of the ordinance from which this land development code is derived may continue although such use does not conform to the regulations set forth by this land development code for the district in which such land or building is located, subject to the requirements of chapter 101, and the following conditions and specifications:

(1)

A nonconforming use of land shall not be enlarged or increased to occupy a greater area of land than was occupied previous to the date of this land development code. No additional structures not conforming to the requirements of this land development code shall be erected in connection with such nonconforming use of land.

(2)

No nonconforming use of land or buildings shall be changed to another nonconforming use. Any nonconforming use of land or buildings which has ceased by discontinuance or abandonment for a period of one year shall thereafter conform to the provisions of this land development code.

(3)

Any nonconforming building which has been destroyed or damaged by fire, explosion, act of God or in another manner to the extent of 50 percent or more of its current appraised value, as recorded in the tax assessor's office at the time of destruction, shall thereafter conform to the provisions of this land development code. Where more than 50 percent of the current appraised value of the building remains after such damage, such structure may be restored to the same nonconforming use as existed before such damage.

(4)

Nonconforming structures or buildings may not be enlarged or structurally altered in a way that increases the nonconformity, nor shall such structures be replaced, without a variance as defined in this land development code.

(5)

The provisions of subsections (c)(1) through (4) of this section shall also apply to nonconforming uses in districts hereafter changed by amendment to this land development code.

(6)

After consideration by the planning and zoning commission and approval by the city council, any use of a building or land which is classified nonconforming may be granted a conditional use permit for reconstruction, enlargement or expansion when it is determined that such reconstruction, enlargement or expansion is not obnoxious or detrimental to the district in which it is located, and when the denial of a conditional use permit would create an unnecessary hardship on the owner, as defined by state law.

(Code 1998, § 122-37; Code 2008, § 122-37; Ord. No. 281-C, § 1(ch. 16, art. II, § 2), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999)