The provisions of this zoning chapter shall be administered by the department of planning, inspection, and code enforcement under the direction of the city planner, who shall act as an administrative official. They may be provided with the assistance of such other persons as the mayor may direct. It shall be the duty of the administrative official to see that this chapter is enforced through the proper legal channels. Appeal from the decision of the administrative official may be made to the board of zoning adjustment. The administrative official, and his designees, are generally empowered to carry out or conduct any activities essential to the proper administration and enforcement of this chapter; said activities to include, but not be limited to, the following:

(1)

Permits. To issue a zoning permit, building permit, and certificate of occupancy when compliance is made with these regulations, to refuse to issue the same in the event of noncompliance, and to give written notice of such refusal and reason thereof to the applicant.

(2)

Collections. To cause the collection of the designated fees as set forth in these regulations.

(3)

Records. To make and to keep all records necessary and appropriate to the office, including record of the issuance and denial of all zoning and building permits, and certificates of occupancy, and the receipt of complaints of violation of these regulations and action taken on the same, and to file such for record.

(4)

Inspections. To inspect any building or land to determine whether any violations of these regulations have been committed or exist.

(5)

Enforcements. To enforce these regulations and take all necessary steps to remedy any condition found in violation. The city may enjoin any individual or property owner who is in violation of this chapter to prevent or correct such violation. Any individual aggrieved by a violation of this chapter may request an injunction against any individual or property owner in violation of this chapter, or may mandamus any official to enforce the provisions of this chapter.

(6)

Advisements. To keep the mayor, city council, planning commission and board of zoning adjustment advised of all matters other than routine which relate to the administration and enforcement of this chapter.

(7)

Reasonable accommodation approval.

a.

Purpose and intent. The purpose of allowing reasonable accommodation(s) is to provide a process for individuals with disabilities to make requests for reasonable accommodation(s) for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the city. It is the policy of the city, pursuant to the Federal Fair Housing Act, to provide people with disabilities reasonable accommodation(s) in rules, policies, and procedures that may be necessary to ensure equal access to housing.

b.

Requesting reasonable accommodation(s).

1.

In order to make specific housing available to an individual with a disability, a disabled person, or representative may request reasonable accommodation(s) relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the city.

2.

If an individual needs assistance in making the request for reasonable accommodation(s) or appealing a determination regarding reasonable accommodation(s), the planning director will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant.

3.

A request for reasonable accommodation(s) with regard to city regulations, rules, policies, practices, and/or procedures may be filed on an application form provided by the planning director at the time that the accommodation may be necessary to ensure equal access to housing.

c.

Required information. The applicant shall provide the following information when requesting reasonable accommodation(s). This information shall be made part of the public record for the project and subject to all applicable state and federal laws for public access to records.

1.

A completed city application indicating, among other things, the applicant's name, address, and telephone;

2.

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

The zoning code provision, regulation, or policy from which reasonable accommodation(s) is being requested;

5.

The basis for the claim that the person(s) for whom the reasonable accommodation(s) is/are sought is/are considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing available to the person(s);

6.

Such other relevant information as may be requested by the planning director as the director reasonably concludes is necessary to determine whether the findings required by subsection (7)f. of this section (required findings for reasonable accommodation(s)) can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individual(s) affected.

d.

Approving authority and approval process.

1.

The planning director shall have the authority to consider and take action on requests for reasonable accommodation(s). When a request for reasonable accommodation(s) is filed with the planning department, it will be referred to the planning director for review and consideration as an administrative action unless determined otherwise by the planning director. A request for reasonable physical improvement that cannot be constructed to conform to the city's setbacks or design standards. Typical improvements considered to be "administrative" in nature would include ramps, walls, handrails, or other physical improvements necessary to accommodate a person's disability. The planning director shall issue a written determination of his or her action within 15 days of the date of receipt of a completed application and may:

(a)

Grant or deny the accommodation request; or

(b)

Grant the accommodation request subject to specified nondiscriminatory condition(s); or

(c)

Forward the request to the planning commission for consideration as a conditional use permit and subject to the findings stated in subsection (7)f. of this section (required findings for reasonable accommodation(s)).

2.

In the event the planning director determines that the request for reasonable accommodation(s) is non-administrative in nature, such request shall be forwarded to the planning commission in accordance with section 117-197, conditional use permit) and shall be subject to the findings stated in subsection (7)f. of this section (required findings for reasonable accommodation(s)).

3.

All written determinations of actions of the planning director shall give notice of the right to appeal and the right to request reasonable accommodation(s) on the appeals process (e.g., requesting that city staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.

4.

If necessary to reach a determination or action on the request for reasonable accommodation(s), the planning director may request further information from the applicant specifying in detail what information is required. In the event a request for further information is made, the 15-day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request.

e.

Considerations. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

1.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;

2.

Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

3.

In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;

4.

In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

5.

The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning code (Chapter 117);

6.

Whether the requested accommodation would fundamentally alter the character of the neighborhood;

7.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

8.

Whether granting the requested accommodation would substantially undermine any express purpose of either the city's land use or comprehensive plan or an applicable specific plan;

9.

In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

f.

Required findings for reasonable accommodation(s). In making a determination regarding the reasonableness of a requested reasonable accommodation(s), the approving authority shall make the following findings:

1.

The housing which is the subject of the request for reasonable accommodation(s) will be used for an individual protected under the Fair Housing Act.

2.

The request for reasonable accommodation(s) is necessary to make specific housing available to an individual protected under the Fair Housing Act.

3.

The requested reasonable accommodation(s) does not impose an undue financial or administrative burden on the city and does not fundamentally alter city zoning, development standards, policies, or procedures.

4.

The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning process, as "fundamental alteration" is defined in fair housing laws and interpretive case law.

5.

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

(Zoning Ord., § 14.44.01; Ord. No. 11:085, § 2, 12-20-2011)

(a)

It shall be unlawful to commence the construction, reconstruction, moving, demolition or structural alteration of any building until a zoning permit and a building permit has been issued. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of these regulations and other applicable building laws, ordinances, or regulations. A zoning permit shall also be required for the use or reuse of property, buildings, or structures where building permits are not required. Compliance with paved parking and other site standards shall be achieved as a condition a change of use for commercial, industrial and multifamily purposes. In addition, a zoning permit evidencing compliance with the provisions of this chapter shall be a prerequisite to the issuance of a city privilege or occupation license.

(b)

All applications for building permits shall be accompanied by a plan in duplicate drawn to scale, showing the size of the building to be erected and its location on the zoning lot, the location of any existing buildings or structures, location and dimensions of all driveways and parking or loading areas, drainage and such other information as may be necessary to provide for the administration of this chapter.

(c)

Multi-family development plans having three or more units and all commercial developments with project costs exceeding $100,000.00 shall be sealed by an architect licensed in the State of Arkansas. The chief building code official is authorized to require all applicable architect and engineer stamps when deemed necessary for safety per the submittal of documents section of the 2007 Arkansas Fire Prevention Code (AFPC).

(1)

All Group A (Assemblies), E (Educational), and I (Institutional) occupancies, (except Group A occupancies with an occupant load less than or equal to 50) shall have the official seal of a registered design professional affixed.

(2)

All buildings and structures three or more stories in height, and all buildings and structures 5,000 square feet (464.5 m ² ) or more in area shall have the official seal of a registered design professional.

(d)

Site plans shall be required for all multifamily development proposals of five units or more, as well as for all new commercial and industrial development and substantial redevelopment. Such plans shall be reviewed and approved at the staff level, subject to appeal by the applicant to the Metropolitan Area Planning Commission; provided that, large-scale commercial development of over 75,000 square feet of gross floor area, and multifamily developments of more than 48 units shall be approved by the Metropolitan Area Planning Commission.

(e)

The design professional, engineer, architect, or landscape architect, preparing and sealing site plans as prescribed under this section shall periodically inspect the construction of all site improvements shown on and required by the site plan approved by the city planner and/or the Metropolitan Area Planning Commission and shall verify that, to the best of the design professional's knowledge, all improvements have been constructed and completed in accordance with said plan. A letter verifying this fact shall be submitted to the city planner prior to issuance of a certificate of occupancy.

(Zoning Ord., § 14.44.02; Ord. No. 3429; Ord. No. 07-3165, 12-18-2007; Ord. No. 10:029, § 1, 5-18-2010; Ord. No. 10:071, § 1, 9-21-2010; Ord. No. 14:003, § 1, 3-18-2014)

(a)

Certificates of occupancy are required to ensure that completed structures and the development of property of which such structures are a part, comply with the provisions of this chapter, as well as any site plans or conditional approvals for such structures and development.

(b)

The building inspector shall have the authority and responsibility to issue and keep records of certificates of occupancy in accordance with the requirements set forth in this chapter, and the building code.

(c)

A certificate of occupancy must be applied for and issued by the building inspector prior to occupancy and use of a structure or premises for any of the following:

(1)

Any new structure.

(2)

Any addition to an existing nonresidential structure.

(3)

Any change in occupancy or use of a building or premises that involves nonresidential occupancy.

(4)

Placement or change in occupancy of any mobile home on any lot or parcel, regardless of use.

(d)

A certificate of occupancy shall be applied for coincidently with the application for a building permit, and must be issued before the occupancy and connection of utilities to such building.

(e)

The building official or his designated agent shall inspect the property which is the subject of an application within a reasonable time, after a completed application has been filed, and shall issue a certificate of occupancy if the premises of the property complies in all respects with the applicable development regulations in effect for the city. If the premises does not so comply, the building official shall deny the application in a written notice mailed to the applicant within five days, excluding weekends and holidays, after the inspection of the property, specifying the provisions of which ordinance or code the structure or development does not comply.

(f)

A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion of the building. A temporary certificate of occupancy shall be valid for a period not exceeding six months. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owner or of the city relating to the use or occupancy or any other matter required by this chapter.

(g)

Information required for submission to obtain a certificate of occupancy shall include:

(1)

The name of applicant.

(2)

The nature and extent of the applicant's ownership or interest in the subject property.

(3)

The address of the property for which a certificate is requested.

(4)

Such other information as requested by the building official to ensure conformance with applicable development regulations and to assure compliance with the Arkansas Fire and Prevention Code volume II, Section 110, Subsection 110.3.

(5)

Letter signed and dated by owner stipulating all outstanding issues as required by the engineering department and the planning department.

(6)

Under no circumstances will a temporary certificate of occupancy be issued until all life safety, all final electrical, HVAC and plumbing inspections pass and are in compliance with current codes.

(Zoning Ord., § 14.44.03; Ord. No. 3430; Ord. No. 07:3165, § 2, 12-18-2007; Ord. No. 13:018, § 1, 5-28-2013)

Two types of amendments to this zoning chapter are recognized; one being a revision in the textual provisions of the chapter, and the other being a change of boundary in a zoning district.

(1)

Amendment to text. Amendments to the text may be initiated by the planning commission, the city council, or by the mayor. Proposed amendments shall be processed in accordance with the procedures set forth in this section.

a.

Notice. The city planner shall be responsible for scheduling a public hearing before the planning commission. He shall prepare the content of a public notice, and ensure that the notice is published in the newspaper of general circulation with the city at least 15 days before the public hearing.

b.

Hearing and recommendation by the planning commission. The planning commission shall conduct a public hearing on the proposed amendment, hearing both the proponents and opponents, if any. Following the public hearing the commission shall determine its recommendation regarding the proposed amendment and make such know to the city council.

c.

Action by the city council. After receiving the recommendation of the planning commission, the city council:

1.

May approve the amendment as submitted;

2.

May approve a revised version they deem appropriate;

3.

Refer it back to the planning commission for further study and consideration;

4.

Table it; or

5.

Deny it.

If the city council action does not take place within six months after the planning commission's public hearing, the amendment process must begin anew.

(2)

Change in district boundary. A change in a district boundary, also referred to as a map amendment or rezoning, may be proposed by the city council, the planning commission, or by a property owner or his legal agent. Such amendments shall be considered in accordance with the procedures set forth in this section.

a.

Application submittal. A complete application for change in district boundary or map amendment, hereafter referred to as a rezoning, shall be submitted to the city planner in a form established by him, along with a nonrefundable processing fee established in section 117-35.

Applications shall be filed according to the submittal schedule available online or in the planning office in order to be placed on the planning commission agenda for the subsequent meeting.

No application shall be processed until the city planner determines that the application is complete and the required fee has been paid.

b.

Notice.

1.

Promptly upon determining that the application is complete, the city planner shall schedule a public hearing date before the planning commission, notify the applicant of the hearing date, and provide at least 15 days notice of the hearing in a newspaper of general circulation in the city. The notice shall indicate the time and place of the public hearing; give the general location and description of the property, such as the street address and acreage involved; describe the nature, scope and purpose of the application; and indicate where additional information about the application can be obtained.

2.

The applicant shall:

(i)

Post notice on weatherproof signs provided by the city;

(ii)

Notify all property owners within 200 feet by certified mail return receipt requested 15 days prior to the meeting;

(iii)

Provide notification to the school district serving the area by sending notice to the superintendent of the school district of the zoning request. Notice shall be sent by certified mail with return receipt requested 15 days prior to the meeting. The school board shall send their opinion in writing to the office of the city planner and the office of city clerk within 10 days. Lack of a response will be considered as "no opinion" when considering the request.

(iv)

Place the signs on the property that is the subject of the application at least 15 days before the public hearing; and

(v)

Ensure that the signs remain continuously posted until a final decision is made by the city council. At least one sign shall be posted by the applicant for each 150 feet of street frontage, up to a maximum of five signs. Signs shall be placed along each abutting street in a manner that makes them clearly visible to neighboring residents, and passerby. There shall be a minimum of one sign along each abutting street.

(vi)

If a property has no road frontage or is on a dead end street, the number and location of signs to be posted will be determined by the office of planning. At least one sign will be required to be posted on the actual property, and at least one sign will be required to be posted along a nearby street, with the phone number of the planning office to call for more information.

c.

Hearing and recommendation by the planning commission. The planning commission shall hold a public hearing on the proposed rezoning. At the conclusion of the hearing, and after deliberation, the commission shall recommend approval as submitted; may recommend approval of less area and/or of a lesser intense, but like classification than what was applied for; table with cause, not to exceed one time for consideration at the next meeting; or deny the application, and submit an accurate written summary of the proceedings to the city council.

d.

Hearing and action by the city council. After the planning commission recommends approval of an application, the applicant shall be responsible for preparing the appropriate ordinance and requesting that the city clerk place it on the city council's agenda. Agenda item request and all documentation shall be submitted in a form established by the city clerk, and be accompanied by a publication fee prescribed by law.

1.

If the planning commission does not recommend approval of an application, the city council may consider the matter after an appeal is filed by the property owner with the city clerk, and a special public hearing is set and subsequently held. Applicant responsibility with regard to filing documents with the city clerk and paying said fee as is also applicable.

2.

In considering an application for approval, whether on appeal or not, the city council may reduce the amount of land area included in the application, but not increase it and may change the requested classification in whole or in part, to a less intense zoning district classification that was indicated in the planning commissions required public notice.

e.

Approval criteria. The criteria for approval of a rezoning are set out in this subsection. Not all criteria must be given equal consideration by the planning commission or city council in reaching a decision. If any project doesn't meet all the criteria in this section the planning commission or city council can require the owner to provide additional information to determine if the rezoning should move forward. Additional information may include but not be limited to; traffic studies, drainage considerations, crime reports, noise and light studies, wetlands and historical considerations. The criteria to be consider shall include, but not be limited to, the following:

1.

Consistency of the proposal with the comprehensive plan;

2.

Consistency of the proposal with the purpose of this chapter;

3.

Compatibility of the proposal with the zoning, uses and character of the surrounding area including adjacent neighbors that have a direct impact to the property;

4.

Suitability of the subject property for the uses to which it has been restricted without the proposed zoning map amendment;

5.

Extent to which approval of the proposed rezoning will detrimentally affect nearby property including, but not limited to, any impact on property value, traffic, drainage, visual, odor, noise, light, vibration, hours of use/operation and any restriction to the normal and customary use of the affected property;

6.

Impact of the proposed development on community facilities and services, including those related to utilities, streets, drainage, parks, open space, fire, police, emergency medical services, and school districts.

f.

Successive applications. In the event that the city council denies an application for a rezoning, a similar application shall not be considered by the planning commission for six months from the date of the denial by the city council, unless the planning commission, upon recommendation by the city planner, determines that there is a significant change in the size or scope of the project, or that conditions have changed in the area by the proposed rezoning.

g.

Withdrawal of application.

1.

Only one withdrawal shall be allowed as a right following the application filing for a rezoning, annexation or conditional use;

2.

On or after the second time withdrawal granted, the applicant must wait 90 days before resubmitting the same or similar petition involving the same land use, and, under extenuating (emergency) circumstances, the planning commission or city council may consider and grant a request to waive the 90 day restriction on the second time request for withdrawals;

3.

Third-time withdrawal requests will default to the most current ordinance requirement for denied rezoning petitions.

(Zoning Ord., § 14.44.05; Res. No. 08:126, 8-19-2008; Ord. No. 16:082, § 1, 2-21-2017; Ord. No. 18:042, § 1, 8-21-2018)

Before any action shall be taken as provided in this article, the applicant shall submit a fee with the application in accordance with the latest fee schedule as adopted by the city council. Under no condition shall said sum or any part thereof be refunded for failure of said action to be approved by the city.

(Zoning Ord., § 14.44.06)

There is hereby created a board of zoning adjustment consisting of five members to be appointed for three-year terms, with at least one member being a planning commissioner. All members shall be qualified electors and residents of the city. The members of the board of zoning adjustment that was legally in existence immediately prior to the effective date of the ordinance from which this chapter is derived shall be constituted as members and continue serving their present term as member of the board of zoning adjustment hereby created; provided, the member with the least time remaining on his term shall be replaced by a member of the planning commission.

(Zoning Ord., § 14.40.01)

The board of zoning adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held on a regular schedule and at such other times as the board may determine. All meetings shall be open to the public. The board of zoning adjustment shall keep minutes of its vote, indicating such fact. It shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the city planner. A quorum of the board shall consist of three members. The concurring vote of a majority of the total board members shall be necessary to revise any order or decision of the enforcement officer or to decide on any matter upon which it is required to pass under this chapter. The city planner or his representative shall attend each meeting of the board and shall bring with him all plans, specifications, plats and papers relating to any case before the board for determination.

(Zoning Ord., § 14.40.02)

The board of zoning adjustment shall have all the powers and duties prescribed by law and by this chapter, which are more particularly described as follows:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this chapter. The board may affirm or reverse, in whole or in part, said decision of the administrative official.

(2)

Variances. To authorize upon appeal in specific cases such variance from the terms of this zoning chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship that would deprive the owner of any reasonable use of the land or building involved. A variance from the terms of this zoning chapter shall not be granted by the board of zoning adjustment unless and until:

a.

The applicant demonstrates that special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district; that literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter that special conditions and circumstances do not result from the actions of the applicant and that granting the variance requested will not confer on the applicant any special privilege that is denied by the zoning chapter to other lands, structures or buildings in the same district.

b.

No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

c.

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of land, building or structure.

d.

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this zoning chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

e.

In granting any variance, the board of zoning adjustment may prescribe appropriate conditions and safeguards that it deems necessary or desirable. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

f.

Under no circumstances shall the board of zoning adjustment grant a variance to allow a use not permissible under the terms of this zoning chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

(3)

Special exceptions. In addition to the powers and duties specified in subsections (1) and (2) of this section, the board shall also have the following powers and duties to hold public hearings and decide the following special exceptions:

a.

Interpret zoning district boundaries where uncertainty exists as to the boundaries of the zoning districts or when the street or property lines existing on the ground are at variance with those shown on the zoning district map.

b.

Determine the amount of parking required for a use not listed herein.

c.

Vary the parking regulations by not more than 25 percent where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this chapter.

d.

Permit an addition to a nonconforming structure provided that said addition conforms to all building code requirements, and further provided that the current use of the structure conforms to the zoning district in which it is located.

(Zoning Ord., § 14.40.03)

(a)

Application. Appeals to the board may be taken by any person aggrieved or by any officer, department or board of the city affected by any decision of the administrative official. All appeals and applications made to the board shall be made in writing on forms prescribed by the board within 15 days after the decision has been rendered by the administrative official. Every appeal or application shall refer to the specific provision of the code involved and shall exactly set forth:

(1)

The interpretation that is claimed;

(2)

The use for which the permit is sought; or

(3)

The details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

(b)

Filing. The appeal or application shall be filed with the officer from whom appeal is taken and with the board. The officer from whom appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(c)

Public hearing and notice. The board shall fix a reasonable time for the public hearing of an application or appeal, give public notice of the time and place thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Said public notice shall be published at least once not less than seven days preceding the date of such hearing in a newspaper of general circulation in the city. The public notice shall give the particular location of the property on which the application or appeal is requested, as well as a brief statement of what the application or appeal consists. Evidence of notification of all adjoining property owners shall accompany all applications for variances. Such notification shall include the described public notice information, as well as the time and place where the public hearing will be conducted. Public hearings may be adjourned from time to time, and, if the time and place of the adjourned meeting be publicly announced when the adjournment is made, no further notice of such adjourned meeting need be published. At a public hearing any party may appear in person, by agent, or by attorney.

(d)

Effect of appeal. An appeal shall stay all proceedings of the action appealed from, unless the person affected by such appeal certifies to the board, that, by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or a court of record on application, and notice to the person from whom the appeal was taken.

(e)

Time limit on permits. No order permitting the use of a building or premises, or the alteration or erection of a building shall be valid for a period longer than 60 days unless such use is established or the erection or alteration is started within such period and proceeds to completion in accordance with the terms of a building permit.

(f)

Appeals from board of zoning adjustment. Any person, or any board, taxpayer, department, board or bureau of the city aggrieved by any decision of the board of zoning adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the state.

(Zoning Ord., § 14.40.04)

(a)

Any lawfully established use of a structure or land, on the effective date of these regulations, or of amendments hereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.

(b)

Any legal nonconforming structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

(c)

Any structure for which a building permit has been lawfully granted prior to the effective date of these regulations, or of amendments hereto, may be completed in accordance with the approved plans. Such building shall thereafter be deemed a lawfully established building.

(Zoning Ord., § 14.12.01)

(a)

Whenever any part of a structure or land occupied by a nonconforming use is changed to, or replaced by, a use conforming to the provisions of these regulations, such premises shall not thereafter be used or occupied by a nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.

(b)

Whenever a nonconforming use of a structure or part thereof, has been discontinued or abandoned for a period of one year or more, such use shall not be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district.

(c)

Where no enclosed structure is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.

(Zoning Ord., § 14.12.02)

(a)

The nonconforming use of any structure or portion thereof, may be occupied by another similar or less intense nonconforming use as may be determined by the zoning official, subject to appeal to the board of zoning adjustment. No building in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use.

(b)

A nonconforming use of land without substantial buildings or structures may not be extended or expanded, nor shall it occupy more area than was in use on the effective date of these regulations. If such nonconforming use or portion thereof is discontinued for a period of three months, or changed, any future use of such land or change of use shall be in conformity with the provisions of the district in which such land is located.

(Zoning Ord., § 14.12.03)

(a)

Normal maintenance of a nonconforming structure or of a conforming structure containing a nonconforming use is permitted. Such structures may be expanded once, a maximum of 25 percent in gross floor area.

(b)

Alterations may be made when required by law, or when such alterations will actually result in eliminating the nonconformity.

(c)

No structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

(d)

A structure which is nonconforming with respect to yards, height or any other element of bulk regulated by these regulations, shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.

(Zoning Ord., § 14.12.04)

(a)

The addition of, enlargement, alteration or relocation of accessories which are incidental to and accommodate the primary nonconforming use may be permitted if, after notices and public hearing, the board of zoning adjustments finds that the accessory promotes the public heath, safety and welfare and does not expand or enlarge the primary nonconforming use.

(b)

The procedures for application and review shall be the same as those for a conditional use, with the exception that all notifications must make reference to a request for alteration, enlargement or relocation of use instead of a request for a conditional use.

(Zoning Ord., § 14.12.05)

(a)

If a nonconforming structure or a structure containing a nonconforming use is damaged or destroyed by natural disaster, fire, or other casualty, the structure may be repaired or reconstructed and used for the same purpose as it was before the occurrence; provided such repair or reconstruction is commenced and completed within one year of the date of such damage or destruction.

(b)

Failure to exercise this option within the time specified, shall be considered a voluntary abandonment and the structure may be rebuilt and used thereafter only for a conforming use, and in compliance with provisions of the district in which it is located.

(Zoning Ord., § 14.12.06)

Whenever the boundaries of a zoning district are changed, so as to transfer an area from one district to another, the foregoing provisions shall also apply to any newly created nonconforming uses therein.

(Zoning Ord., § 14.12.07)