This chapter shall be enforced by the building inspector appointed by the mayor and board of aldermen and board of supervisors. It shall be a violation of this chapter for any person to change or permit the change in the use of land or buildings or structures or to erect, alter, move or improve any building or structure until a building permit has been obtained under the following conditions:

(1)

Building permits. Whenever any structure or building is to be structurally altered in an amount exceeding $500.00 or erected, moved, or structurally altered, a building permit shall be obtained from the inspecting office. The building inspector may require every applicant for a building permit to furnish the following information:

a.

A plot plan, drawn to scale, showing the:

1.

Exact size, shape, and dimensions of the lot to be built upon;

2.

Exact size and location on the lot of all existing buildings and structures or building proposed to be repaired, altered, erected or moved; and

3.

Size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities.

b.

A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building accommodates and which each existing and proposed building is designed to accommodate.

c.

Additional information relating to the proposed improvement needed to determine compliance with this chapter.

d.

A survey prepared by an engineer or surveyor registered or approved in the state of the boundaries of the lot on which the improvement is proposed to be located.

(2)

Certificate of occupancy. No vacant land shall be occupied or used, except for agricultural uses, and no building hereafter erected, reconstructed, altered or enlarged, shall be occupied or used until a certificate of occupancy shall have been issued by the building inspector.

a.

For a building. Certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit and said certificate shall be issued within three days after the request for same shall have been made in writing to the building inspector after the erection, reconstruction, alteration, or enlargement of such building or part thereof shall have been completed in conformance 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 inspector 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 shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. A request for a certificate of occupancy for any change in the use of a building shall be made in writing at least ten days in advance of such change and shall be issued within three days after such request if the new use is in conformance with the provisions of this chapter.

b.

For land. Certificate of occupancy for use of vacant land or the change in the character of the use of land as herein provided, 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 conformance with the provisions of this chapter.

c.

For a legal nonconforming use. Certificate of occupancy shall be required for all legal nonconforming uses. Application for certificate of occupancy for such nonconforming uses shall be filed within 12 months from the effective date of the ordinance from which this chapter is derived, accompanied by affidavits of proof that such nonconforming uses were not established in violation of this chapter, or any previous zoning ordinance.

A certificate of occupancy shall state that the building or proposed use of a building or land, complies with all the building and health laws and ordinances and with the provisions of this chapter. A record of all certificates shall be kept on file in the office of the building inspector, 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).

(Ord. of 2-21-1995, art. IX, § 1)

(a)

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, the city, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.

(b)

Any person, firm or corporation who shall knowingly and willfully violate the terms, conditions or provisions of this chapter shall be guilty of a misdemeanor and upon conviction therefor shall be sentenced to pay a fine of not to exceed $100.00. Each day the violation continues thereafter shall be a separate offense.

(Ord. of 2-21-1995, art. IX, § 2)

The mayor and board of aldermen and/or board of supervisors may, from time to time, on its own motion, or on petition from a property owner, or on recommendation of the planning commission, amend the regulations and districts established in this chapter. No change in regulations, restrictions or district boundaries shall become effective until after a public hearing held in relation thereto by the planning commission, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city and the county. Every such proposed amendment shall be referred to the planning commission for report. For each petition for amendment to this chapter, a fee of $50.00 shall be paid to the city clerk by persons requesting such change to pay the cost of legal publication.

(Ord. of 2-21-1995, art. IX, § 3)

Upon the annexation of land to the city the existing zoning districts shall be retained.

(Ord. of 2-21-1995, art. IX, § 4)

In case any portion of this chapter shall be held to be invalid or unconstitutional, the remainder of this chapter shall not thereby be invalid, but shall remain in full force and effect.

(Ord. of 2-21-1995, art. IX, § 5)

It is hereby provided that the provisions of this chapter shall not be construed as being in conflict with the provisions of any other regulations of the city. In any case when the provisions of the regulations and the provisions of other regulations both apply, the provisions of greatest restriction shall govern.

(Ord. of 2-21-1995, art. IX, § 6)

It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this chapter shall take effect and be in full force from and after its passage and approval.

(Ord. of 2-21-1995, app. B)