(a)

Upon presentation of city identification to the developer, contractor, owner, owner's agent, operator or occupants, city employees authorized by the zoning official shall be permitted to enter during all reasonable hours, or outside reasonable hours, in the event of any emergency threatening life or property, any public or private property for the purpose of making inspections to determine compliance with the provisions of this zoning ordinance during the open period of any development or building permit.

(b)

Upon presentation of city identification to the developer, contractor, owner, owner's agent, operator or occupants, city employees authorized by the zoning official may seek to enter, during all reasonable hours, or outside reasonable hours in the event of any emergency threatening life or property, any public or private property for the purpose of making inspections to determine compliance with the provisions of this zoning ordinance following issuance of a certificate of occupancy/completion. Where consent is not given to entry, such city employees may seek a warrant to secure entry to the premises.

(c)

If a property or facility has security measures in force, which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to the zoning official.

(d)

The owner or operator shall allow the zoning official ready access to all parts of the premises for the purposes of inspection, investigation, observation, monitoring, measurement, recording, enforcement, sampling and testing, photography, and videotaping for ensuring compliance with the provisions of this zoning ordinance. The owner or operator shall allow the zoning official to examine and copy any records that are required under the conditions of any permit granted under this zoning ordinance.

(e)

The zoning official shall have the right to set up on any premises, property, or facility such devices as are necessary to conduct any monitoring and/or sampling procedures.

(f)

The zoning official may require the owner or operator to install monitoring equipment and perform monitoring as necessary and make the monitoring data available to the city. The owner shall maintain this sampling and monitoring equipment at all times in a safe and proper operating condition or operator at their own expense.

(g)

Any temporary or permanent obstruction to safe and easy access to the premises, property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the zoning official and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.

(h)

Unreasonable delays in allowing the zoning official access to a facility, property, or premises shall constitute a violation of this zoning ordinance.

(i)

If the zoning official has been refused access to any part of a premises, property, or facility and the zoning official is able to demonstrate probable cause to believe that there may be a violation of this zoning ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this zoning ordinance or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the city, then the zoning official may seek issuance of an inspection warrant from the municipal court.

(j)

The zoning official may determine inspection schedules necessary to enforce the provisions of this zoning ordinance.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

The zoning official, in addition to other procedures provided, may obtain an inspection warrant for the purpose of inspection or investigation of conditions relating to the enforcement of this zoning ordinance or observation, measurement, sampling or testing with respect to the provisions of this zoning ordinance.

(b)

Inspection warrants may be issued by the municipal court when the issuing judge is satisfied that the department has established by oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection that includes the property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of the property.

(c)

An inspection warrant shall be issued only if it meets the following requirements:

(1)

The warrant is attached to the affidavit required to be made in order to obtain the warrant;

(2)

The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or occupant of the property or discharger can reasonably determine from it the property for which the warrant authorizes an inspection;

(3)

The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and

(4)

The warrant refers, in general terms, to the code provisions sought to be enforced.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

If the zoning official determines that any violation of this zoning ordinance is taking place, or that a condition of zoning, variance, or other permit or administrative approvals are not complied with, the zoning official shall present to the owner, owner's agent, occupier, or party responsible for such use or activity, a notice of violation and order the use or activity to cease immediately.

(b)

The written notice of violation shall at least contain the following information:

(1)

The name and address of the owner or responsible person;

(2)

The address or other description of the site upon which the violation is occurring;

(3)

A description of the nature of the violation;

(4)

A description of the remedial actions or measures necessary to bring an action or inaction into compliance with a permit, approved plan or this zoning ordinance;

(5)

The deadline or completion date of any such remedial actions or measures, to consist of not less than ten days, except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient; and

(6)

A statement of the penalty or penalties that may be assessed against the owner or responsible person to whom the notice of violation is directed.

(7)

The name and contact information of the enforcement officer who drafted the notice of violation.

(c)

If the violation has not been corrected within a reasonable length of time, as noticed in the violation, the owner of the property on which such violation has occurred or the owner's agent, occupier, or other party responsible for the violation shall be subject to the penalties set forth in this chapter, provided that the zoning official may, at their discretion, extend the time for compliance with any such notice.

(d)

The zoning official also shall have authority to issue a warning notice prior to issuance of a notice of violation. A warning notice shall be discretionary when circumstances warrant such action in the opinion of the zoning official and shall under no circumstances be required prior to issuance of a notice of violation or other enforcement action. If issued, a warning notice shall include all of the requirements set forth in section 94-287(b). If a warning notice has not resulted in corrective action within the time specified in the notice, or within any time limit as extended by the zoning official, the zoning official may proceed with a notice of violation or other authorized enforcement action.

The zoning official also shall have the authority to extend the originally issued deadline for compliance by up to six months, if it is established to the zoning official's satisfaction that the responsible party is:

(1)

Acting in good faith to comply with the notice by taking incremental action to remedy the situation; and,

(2)

Is unable to comply with the original deadline presented due to financial, medical, or legal hardship or another extenuating circumstance.

(e)

Appeals of notices of violation shall be made pursuant to the process outlined in division 8.6, Appeals and Administrative Decisions.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

The zoning official may issue a stop work order, which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of, any one or more of the following actions may be taken against the person to whom the notice of violation was directed. Before taking any of the following actions, the zoning official shall first notify the applicant or other responsible person in writing of its intended action as provided in section 94-287(b). In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the zoning official may take any one or more of the following actions or impose any one or more of the penalties provided in section 94-290:

(a)

Withhold certificate of completion/occupancy. The zoning official may refuse to issue a certificate of completion/occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

(b)

Suspension, revocation, or modification of permit. The zoning official may suspend, revoke or modify the permit authorizing the project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the zoning official may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

Civil penalties. Where authorized by statute, in the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described by the specified deadline or completion date, the city may impose a penalty not to exceed $1,000.00 (for each day the violation is not remedied after the specified deadline or completion date.

(b)

Criminal penalties. The police department or zoning official may issue a citation to the applicant or other responsible person, requiring such person to appear in the municipal court of the city to answer charges for such violation. Upon conviction, a fine not to exceed $1,000.00 or imprisonment for 60 days or both shall punish such person. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Within the districts established by the zoning ordinance and in other provisions and amendments thereto, there exist lots, uses of land, structures, and development features that were lawfully established before the zoning ordinance was adopted or amended, but that would be prohibited under the terms of the ordinance from which this chapter is derived or future amendment. They are collectively referred to herein as "nonconforming situations."

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

Nonconforming structures include nonconforming buildings. An example of a nonconforming structure would be a building that was legally permitted prior to the enactment of the ordinance from which this chapter is derived or prior to annexation that now fails to meet the regulations established in this zoning ordinance.

(b)

An example of a nonconforming use of land would be a food processing plant that is located in a C-1 district. It was legally permitted in the M-1 district in 1982; however, the use is not permitted in the current C-1 district.

(c)

Common examples of nonconforming development features are off-street parking or loading areas that contain fewer spaces (or more, in the case of parking maximums) than required by current regulations and sites that do not comply with current landscaping or screening requirements.

(d)

Such nonconforming situations are hereby declared to be incompatible with authorized and permitted uses and regulations within the district(s) involved. It is the intent of the city to require the cessation of certain of these nonconforming situations and to allow others to continue on a limited basis until they are otherwise removed or cease. Furthermore, the city intends that nonconforming situations not be used as grounds for adding other buildings, structures, or uses of land prohibited by this zoning ordinance, and that such nonconforming situations not be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of nonconformity.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Unless otherwise specifically authorized in this division, no nonconforming situation shall be enlarged, expanded, moved, or otherwise altered in any manner that increases any aspect of the existing degree of nonconformity.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

The burden of proving a nonconformity was lawfully established rests entirely with the subject landowner.

(b)

A preponderance of evidence shall be provided by the subject landowner and be sufficient to show that the nonconformity was lawfully established before adoption of the subject regulations. Evidence shall also indicate that the nonconformity has been continuous and that the situation has not lost its nonconforming status. Examples of reliable evidence include: occupational tax certificates; building permits; zoning compliance permits; city and county billing records; utility billing records; assessment, tax or rent records; and directory listings.

(c)

The zoning official shall determine whether adequate proof of nonconforming status has been provided by the subject landowner.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

An undeveloped lot that has an area, frontage, or other characteristic that does not conform to the requirements of the district in which it is located but was legally subdivided as a lot of record at the time it was permitted may be used for any use allowed in the zoning district in which it is now located; however, any use or structure built on this lot subsequent to the enactment of this zoning ordinance and any further subdivision of this lot or combination of this lot with another lot shall conform to all other standards of this zoning ordinance.

(b)

Where land is taken for public purposes from a lot of record that was conforming at the time of such taking but becomes nonconforming due to said taking, the lot remaining shall be construed as a nonconforming lot of record.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

A nonconforming use of land may be continued so long as it is and remains otherwise lawful subject to the following provisions:

(a)

No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land or floor area than was occupied prior to the date of adoption or amendment of the zoning ordinance making such use nonconforming.

(b)

Unless otherwise specifically authorized, no nonconforming use of land shall be moved, enlarged, or extended, in whole or in part, onto any portion of the lot or parcel other than that portion occupied by such use prior to the date of adoption or amendment of the zoning ordinance making such use nonconforming.

(c)

If any nonconforming use of land is discontinued for any reason for six months, any subsequent use of land shall conform to the regulations specified by this zoning ordinance for the district in which such land is located.

(d)

Vacancy or non-use shall constitute discontinuance regardless of the intent of the owner, tenant, or lessee. Such restriction shall not apply for any period of time that such cessation is a direct result of governmental action impeding access to the premises.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

A nonconforming structure may be continued so long as it is and remains otherwise lawful subject to the following provisions:

(1)

No nonconforming structure may be enlarged or altered in a way which increases any aspect of its existing degree of nonconformity, but any structure or portion thereof may be enlarged or altered if the degree of its nonconformity remains the same or is decreased, provided such structure is used for a permitted use.

(2)

Should any nonconforming structure or nonconforming portion of structure be destroyed by any means except through a willful act of the owner or tenant, to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this zoning ordinance. Should such structure or portion thereof be so destroyed to an extent of 50 percent or less of its replacement cost at the time of destruction, it may be reconstructed, provided said reconstruction does not increase any aspect of the previously existing aspect of nonconformity, and said reconstructed structure is used for a permitted use or a nonconforming use that is authorized by the requirements of section 94-301, Nonconforming uses.

(3)

A nonconforming structure may be moved on its own lot only if such movement reduces the degree of nonconformity or eliminates such nonconformity.

(4)

Where a nonconforming structure is moved off its previous lot, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(5)

In cases where land is taken for public purposes from lots of record that are conforming at the time of such taking in such manner as to reduce setback(s) previously provided in relation to a portion of a structure below setback requirements applicable within the district, the portion of the structure involved shall be construed to be nonconforming.

(b)

Unsafe buildings. Nothing in this zoning ordinance shall prevent the maintenance, strengthening, or restoring to a safe condition of any part of any building or structure declared unsafe by the zoning official or other proper authority.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

(a)

Nonconforming development features may remain, but the nature and extent of nonconforming site features may not be increased except as otherwise expressly stated in this zoning ordinance.

(b)

No change to any nonconforming development feature shall be made which increases the degree of nonconformity with the requirements of the zoning ordinance, but changes may be made which result in the same or a lesser degree of nonconformity. In cases where land is taken for public purposes in such a manner as to reduce existing off-street parking, loading or other development features that is required by the regulations for the current district, the deficiency thus created shall be construed as a nonconforming development feature.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)