(a)

The building commissioner is hereby given the duty, power and authority to enforce the provisions of this chapter. The building commissioner shall:

(1)

Examine all applications for permits;

(2)

Issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this chapter and all nonconforming uses;

(3)

Record and file all applications for permits, with accompanying plans and documents; and

(4)

Make such reports as may be required.

(b)

Building permits for variances from the requirements of this chapter and special uses, including large-scale developments, as enumerated in schedules I and II of article II, division II, of this chapter, shall be issued only upon written order of the board of appeals.

(Code 1975, § 68-98)

Fees for building permits, variance applications, reclassifications and amendments, certificates of nonconformance and occupancy permits shall be set by the city council from time to time. Fees shall be paid upon the filing of an application under this chapter.

(a)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of, any of the provisions of this chapter shall be fined not less than $5.00 nor more than $50.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(b)

If any building or structure is erected, constructed, reconstructed, altered, repaired or maintained, or any building, structure or land is used in violation of this chapter, in addition to other remedies, the proper authorities of the city may institute any appropriate action or proceedings to:

(1)

Prevent such unlawful erection, maintenance or use;

(2)

Restrain, correct or abate such violation;

(3)

Prevent the occupancy of such building, structure or land; or

(4)

Prevent any illegal act, conduct, business or use in or about such premises.

(Code 1975, § 68-100)

In reviewing all applications for special uses, as defined in section 122-1, the board of appeals and plan commission shall consider maps and drawings which shall indicate the siting of all structures on the subject property and adjoining property. The board and commission shall determine that:

(1)

The use is designed, located and proposed to be operated so that the public health, safety, welfare and convenience will be protected.

(2)

The use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

(3)

The use will be compatible with adjoining development and the proposed character of the zone district in which it is to be located.

(4)

Where necessary, adequate provision has been made for landscaping and fencing for screening purposes, adequate ingress and egress have been provided so as to cause minimum interference with traffic flow on abutting streets, and adequate off-street parking and loading facilities have been proposed.

(5)

In the case of proposed manufacturing uses, the performance standard requirements of article II, division 4, subdivision II, of this chapter will be fulfilled.

(6)

The use conforms to the applicable regulations of the district in which it is to be located, except as may otherwise be recommended by the commission, solely in the case of large-scale development.

(Code 1975, § 68-101)

In reviewing all applications for large-scale developments, as defined in section 122-1, which require some deviation from the strict application of this chapter, the board of appeals and plan commission shall consider a general development plan showing the uses, dimensions and locations of proposed structures and areas to be reserved for vehicular and pedestrian circulation, parking, public uses, such as schools and playgrounds, landscaping and other open spaces, and architectural drawings and sketches demonstrating the design, character and physical relationship of the proposed uses, and such other pertinent information as may be necessary for a determination that the contemplated arrangement or use makes it desirable to apply regulations and requirements differing from the regulations and requirements ordinarily applicable under this chapter. The board and commission shall review such plans to determine that the provisions of section 122-564 and the following are provided for:

(1)

Spacing and orientation of residential building groups. Spacing between buildings and orientation in residential building groups shall be as follows:

a.

In buildings containing multiple dwelling units, walls containing main window exposures or main entrances shall be oriented to ensure adequate light and air exposures.

b.

Such buildings shall be arranged to avoid undue exposure to concentrated loading or parking facilities and shall be oriented to preserve visual and audible privacy between adjacent buildings.

c.

A building wall exposing both windows and an entrance way shall be located not closer to another building than a distance equal to the height of the taller building, but not less than 50 feet, in any case.

d.

A building wall exposing only windows or an entrance way shall be located not closer to another building than a distance equal to the height of the taller building, but not less than 25 feet, in any case.

e.

A building group may not be arranged so that any temporary or permanently inhabited building is inaccessible by emergency vehicles.

(2)

Spacing and orientation of commercial and manufacturing building groups. Spacing between buildings and orientation in commercial and industrial building groups shall be as follows:

a.

Exterior walls of opposite buildings shall be located not closer than a distance equal to the height of the taller building.

b.

A building group may not be arranged so that any permanently or temporarily inhabited building is inaccessible by emergency vehicles.

(3)

Pedestrian and vehicular circulation.

a.

Adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading spaces, facilities for waste disposal and elimination shall be provided.

b.

An adequate amount and suitable location of pedestrian walks, malls and landscaped spaces shall be provided to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls and public transportation loading places from general vehicular circulation facilities.

c.

Arrangement of buildings and vehicular circulation open spaces shall be provided so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

(4)

Paving and drainage. Adequate design of grades, paving, gutters, drainage and treatment of turf shall be provided to handle stormwaters, prevent erosion and formation of dust.

(5)

Signs and lighting. Proper arrangement of signs and lighting devices, with respect to traffic control devices and adjacent residential districts, shall be provided.

(6)

Usable open space. In residential building groups providing for permanent family occupancy, play areas for children and other recreational areas shall be provided in safe locations and in an amount equal to not less than ten percent of the gross land area of the development.

(7)

Planting and screening. In business building groups abutting or within 100 feet of residential districts, fences, walls or yearround screen planting shall be provided, when necessary, to shield adjacent residential districts from parking lot illumination, headlights, fences, heat, blowing papers and dust and to reduce the visual encroachments of commercial architecture, signs and activity on residential privacy and neighborhood character.

(8)

Residential dwelling type and density provisions. Residential large-scale developments shall contain only single-family dwellings, two-family dwellings or multiple dwellings and the usual accessory uses, such as private garages and parking areas, storage space, administration buildings and community activities, including churches, provided that the average number of square feet of land area per dwelling unit, excluding streets, shall not be less than that shown in schedule I as set forth in article II, division 2, of this chapter.

(9)

Justification for exceptions. Such exceptions which may be required from the strict application of this chapter shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development, as well as neighboring properties, than would be obtained under the normal requirements of this chapter.

(Code 1975, § 68-102)

A board of appeals is hereby established. The board shall consist of five members, appointed by the city council. The term of office of the members of the board shall be for five years. Vacancies shall be filled for the unexpired term of the member whose place has become vacant. The appointing authority shall have the power to remove any member of the board for cause and after public hearing. One of the appointed members shall be named as chairman at the time of his appointment.

(Code 1975, § 68-103)

All meetings of the board of appeals shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the board shall immediately be filed in the office of the board and shall be a public record.

(Code 1975, § 68-104)

(a)

Appeals to the board of appeals may be taken by any person aggrieved, or by an officer, department, board or bureau of the city affected, by any decision of the building commissioner. Such appeal shall be taken within such time as shall be prescribed by the board by general rule, by filing a notice of appeal with the board, specifying the grounds of such appeal. The building commissioner shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(b)

An appeal stays all proceedings in furtherance of the action appealed from.

(c)

The board shall fix a reasonable time for the hearing of an appeal and give due notice of the hearing to the parties and decide the appeal within a reasonable time. Upon the hearing, any party may appear, in person or by agent or attorney.

(Code 1975, § 68-105)

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the board of appeals shall have the power, in passing on appeals, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.

(Code 1975, § 68-106)

The board of appeals shall not have the power to change the classification of property as shown on the district map, or to make any changes in the regulations of this chapter, but shall have the power only to interpret this chapter and authorize variations as follows:

(1)

Adopt, from time to time, such rules and regulations as may be deemed necessary to carry into effect the provisions of this chapter.

(2)

Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building commissioner in the enforcement of this chapter.

(3)

Interpret and vary the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this chapter, when the street layout actually on the ground varies from the street layout as shown on the map.

(4)

Interpret and vary the application of the side, rear and front yard regulations in specific cases, so as to carry out the intent and purposes of this chapter.

(5)

Permit a public garage in a commercial district, where it is deemed necessary for the public convenience or welfare.

(6)

Permit public utility or public service uses and structures in any district, when found to be necessary for the public health, convenience or welfare.

(7)

Permit a temporary building for commerce or industry in a dwelling or apartment district which is incidental to the residential development, which permit shall be issued for a period of not more than one year.

(8)

Authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, so that the spirit of this chapter shall be observed and substantial justice done.

(9)

Hear and decide requests for special uses, including large-scale developments. Prior to granting or refusing a request for a special use, the board shall refer such requests to the plan commission for their review and recommendation, in accordance with section 112-598. No request for such special use shall be granted unless the board determines that the following applicable standards have been fulfilled:

a.

All special uses, in accordance with section 122-564

b.

Large-scale developments, in accordance with sections 122-564 and 122-565

(10)

The board may impose appropriate conditions and safeguards, where necessary, to secure the general objectives of this chapter and reduce injury to the value of property in the neighborhood.

(11)

The board shall perform such other duties as may be provided or made necessary by this chapter, including the following:

a.

Authorization of the termination of a nonconforming use, pursuant to section 122-344

b.

Referral of any pertinent matter to the commission for review and recommendations, and deferring any decision on such matter for a period of not more than 30 days, pending a report from the commission.

c.

Maintainance of a record of all decisions and the findings, or a summary of such findings, upon which such decision shall be based.

d.

Granting of relief, in specific cases, where a failure to do so would result in unconstitutional confiscation of property.

(Code 1975, § 68-107)

In exercising the powers set forth in this division, the board of appeals may, in conformity with the provisions of law, reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made.

(Code 1975, § 68-108)

The concurring vote of four members of the board of appeals shall be necessary to revise any order, requirement, decision or determination, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to affect any variation in this chapter.

(Code 1975, § 68-109)

(a)

The board of appeals shall refer all applications for special uses to the plan commission, including large-scale developments and any other applications or appeals which, in the opinion of the board, require review by the commission.

(b)

The commission shall review such applications and report its findings to the board within 30 days of receipt of such applications.

(c)

In its review of all applications for special uses, the commission shall determine whether such uses fulfill the following applicable standards:

(1)

Special uses, in accordance with section 122-564

(2)

Large-scale developments, in accordance with sections 122-564 and 122-565

(d)

The commission may disapprove or approve any application, subject to conditions or modifications, and shall submit a written report to the board, which shall state all recommended conditions and modifications and the reasons for such approval or disapproval.

(Code 1975, § 68-110)

Upon appeal, and after public and personal notice and a hearing, and subject to appropriate safeguards and conditions for the protection of public and neighboring properties, the board of appeals may, for a use permitted in the zone district, vary the strict application of any of the requirements of this chapter, provided that such variance shall be only in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby such strict application would result in a practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved.

(Code 1975, § 68-111)

The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone.

(Code 1975, § 68-112)

In the strict application of any provision of this chapter, no variance shall be granted by the board of appeals unless it finds that:

(1)

There are special conditions or circumstances, fully described in the findings, applying to the land or building that do not generally apply to land or buildings in the neighborhood.

(2)

Such circumstance or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.

(3)

For reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building, and that the variance, as granted by the board, is the minimum variance that will accomplish such purpose.

(4)

The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and district in which the property is located.

(Code 1975, § 68-113)

(a)

Any person aggrieved by any decision of the board of appeals, or any officer, department, board or bureau of the city, may present a petition to the county circuit court, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented to the court within 30 days after the filing of the decision in the office of the board.

(b)

Upon the presentation of such petition, the court may allow a writ of certiorari directed to the board to review such decision of the board and shall prescribe in the writ the time within which a return must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

(c)

The board shall not be required to return the original papers acted upon by the board, but it shall be sufficient to return certified or sworn copies of such original papers or such portions thereof as may be called for by such writ. The return must concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and must be verified.

(d)

Upon the hearing, if it shall appear to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take such evidence as it may direct, and report the evidence to the court, with the referee's findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(e)

Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, in bad faith or with malice in making the decision appealed from.

(Code 1975, § 68-114)

(a)

The purpose of a building permit is to determine compliance with the provisions of this chapter. No person shall erect, alter or convert any structure or building, or part thereof, or alter the use of any land, until a building permit has been issued by the building commissioner.

(b)

Building permits may be valid for a limited period of time for special uses of a temporary nature as set forth in this chapter and for other uses as shall be regulated by the board of appeals.

(Code 1975, § 68-115)

All applications for building permits shall be accompanied by a drawing or plat, in triplicate, showing the lot plan, the location of the building on the lot, the accurate dimensions of the building and lot and such other information as may be necessary to provide for the enforcement of the regulations set forth in this chapter. The plat shall be prepared after the lot has been staked by a competent surveyor. A careful record of the original copy of such applications and plats shall be kept, and the duplicate copy shall be kept at the building at all times during construction. One copy of such plans shall be returned to the owner when such plans shall be approved, and one copy each of all applications, with accompanying plans and documents, shall become a public record after a permit is issued or denied.

(Code 1975, § 68-116)

(a)

It shall be the duty of the building official to issue a building permit, provided he is satisfied that the structure, building, sign, parking area or premises, and the proposed use thereof, conform with all requirements of this chapter, and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals secured.

(b)

All building permits shall be issued in duplicate, and one copy shall be kept conspicuously on the premises affected whenever construction work is being performed on such premises. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operation has been previously issued and is being displayed as required by this section, nor shall such person perform building operations of any kind after notification of the revocation of such building permit.

(Code 1975, § 68-117)

If it shall appear to the building official at any time that the application or accompanying plat is, in any material respect, false or misleading, or that work is being done upon the premises differing materially from the work called for in the applications filed with the building official under existing laws or ordinances, he may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the building permit to surrender the permit, and all copies thereof, to the building official. After the building permit has been revoked, the building official may, in his discretion, before issuing the new building permit, require the applicant to file an indemnity bond in favor of the city, with sufficient surety conditioned for compliance with this chapter and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not comply.

(Code 1975, § 68-118)

(a)

Certificates of occupancy shall state that the building, or proposed use of a building or land, complies with all building and health laws and ordinances and with the provisions of this chapter. A record of all certificates of occupancy shall be kept on file in the office of the building official, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy.

(b)

No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy.

(Code 1975, § 68-119)

A certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincidental with the application for a building permit, and such certificate shall be issued within three days after the request shall have been made, in writing, to the building official after the erection or alteration of such building, or part thereof, shall have been completed in conformity with the provisions of this chapter. Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued by the building official for a period not exceeding six months during the completion of alterations or during partial occupancy of a building, pending its completion. Such temporary certificate of occupancy shall not be construed in any way as altering the respective rights, duties or obligations of the owners or the city relating to the use or occupancy of the premises, or any other matter covered by this chapter, and such temporary certificate of occupancy shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.

(Code 1975, § 68-120)

A certificate of occupancy for the use of vacant land or the change in the character of the use of land, as provided in this chapter, 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 chapter.

(Code 1975, § 68-121)

An application for a certificate of nonconformance may be made to the building official by the owner of any property which, on February 13, 1961, does not conform to the provisions of this chapter. Such application shall be made within 90 days after such date, and the certificate of nonconformance shall set forth in detail all of the nonconforming conditions of such property. The certificate of nonconformance shall be authorized by the board of appeals and shall be for the purpose of ensuring to such owner the right to continue a nonconforming use in accordance with the regulations of this chapter. A copy of the certificate of nonconformance shall be retained by the building official.

(Code 1975, § 68-122)