The building official shall enforce this article.

(Code 1988, § 27-102; Ord. No. 64690, § 1(27-73.3(A)), 8-30-1984)

(a)

Generally. No permit shall be issued for any building, structure, construction or use unless the same be in conformity in every respect with all provisions of this article, chapter 8 and other applicable ordinances.

(b)

Land use permit. No open, vacant or unimproved land shall be used for any purpose other than agriculture without first obtaining a land use permit from the building official or such person's duly authorized representative. Land use permits shall be required for, but not limited to, the following uses:

(1)

Parking lots not included in a building permit.

(2)

Used car, auto storage lots or salvage yards.

(3)

Machinery, equipment or material storage yards.

(4)

Skeet shoots or target ranges.

(5)

Commercial recreation areas, such as ball parks, golf courses, race tracks, fairs, and similar temporary or permanent uses.

(6)

Refuse dumps or sanitary landfills.

(7)

Picnic groves, fishing lakes.

(8)

Cemeteries.

(9)

Nurseries.

(c)

Floodplain certificate. No permit shall be issued for grading, excavation, filling, or construction within the regulatory floodplain until a floodplain certificate has been issued by the unified government engineer as set out in section 27-552.

(d)

Building permits.

(1)

Building permits where inadequate street right-of-way exists. A building permit shall not be issued for any nonagricultural building or structure on a vacant lot which abuts a street having less right-of-way than 25 feet in the case of a local street or 30 feet for a street of other classification, measured from the centerline, until the necessary right-of-way has been set aside by one of the following procedures:

a.

Where existing right-of-way has previously been dedicated by plat, not more than five feet of the required additional right-of-way may be provided by utility and sidewalk easement, the balance by deed of dedication.

b.

Where the lot has not been platted, the additional right-of-way shall be dedicated by way of a plat or deed of dedication.

Right-of-way over and above 30 feet as may be required by class A, B, or C thoroughfares need not be dedicated unless the property must be platted, but shall be reserved for future street use, all yard requirements being measured from a line 40, 50, or 60 feet from the centerline as the major street plan and division 12 of this article may indicate. Where existing local streets or major streets pass through or along a developed area where extensive development indicates that the required width cannot be achieved within a reasonable time at a reasonable cost, a lesser dedication or reservation of land may be approved. Such approval shall be by the unified government board of commissioners after recommendation by the unified government engineer.

(2)

Utility services. No permit shall be issued to any person, firm or corporation to install or furnish or assist in installing or in furnishing any water, light, gas, plumbing or other services in any dwelling or in any commercial or industrial structure which would change such dwelling or structure to a use not permitted in the applicable zoning district.

(3)

Structures to have access. Every building hereafter erected or moved shall be on a lot or tract abutting a public street, or an approved private street, and all structures shall be so located on lots or tracts as to provide safe and convenient access for servicing, fire protection and required off-street parking.

(4)

Prohibited residences. No temporary or incomplete building, nor any automotive equipment, trailer, mobile home, recreational vehicle, garage or appurtenances incident to a family dwelling shall be erected, maintained or used for residential purposes, except as specifically permitted elsewhere in this article.

(Code 1988, § 27-1027; Ord. No. 64690, § 1(27-73.1), 8-30-1984)

(a)

Required. No vacant land shall be occupied or used except for agricultural purposes, no change in the character of use of land or of a building shall be made, and no buildings hereafter erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the building official.

(b)

Certificate for buildings. A 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 such certificate shall be issued within three days after the request for the same has been made in writing to the building official, after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this article and other codes and ordinances. Pending the issuance of a regular certificate, 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 shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the unified government relating to the use or occupancy of the premises or any other matter covered by this article, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.

(c)

Certificate for land. A certificate of occupancy for the 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 such certificate shall be issued within three days after the application has been made, provided such use is in conformity with the provisions of all ordinances.

(d)

Contents, records, copies, fee. 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 article. A record of all certificates 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.

(Code 1988, § 27-1028; Ord. No. 64690, § 1(27-73.2), 8-30-1984)

The purpose of this subdivision is to provide for the regulation of nonconforming uses, buildings, structures, signs and characteristics of use.

(Code 1988, § 27-1066; Ord. No. 64690, § 1(27-63.1), 8-30-1984)

Any nonconforming building, structure, sign or use which exists lawfully and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption of any amendment to this subdivision, may be continued in accordance with the provisions which follow. Subsection (2) of this section sets out certain situations in which a nonconforming use may be presumed or considered to be lawfully existing. Where two or more of the following provisions apply to a particular situation, the most restrictive requirements shall control.

(1)

Nonconforming uses of land. The lawfully existing nonconforming use of land not involving a building or structure, or where any building or structure thereon is merely incidental or accessory to the principal use of land, may be continued subject to the following provisions:

a.

Expansion. A nonconforming use of land shall not be added to or extended beyond the area it occupies.

b.

Discontinuance. If a nonconforming use of land is discontinued for a period of six consecutive months, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district in which the land is located.

c.

Change of use. A nonconforming use of land shall not be changed to any other use, except to a use permitted in the district in which the land is located.

(2)

Nonconforming uses of buildings or structures. The lawfully existing nonconforming use of part of a building or structure may be continued subject to the following provisions:

a.

Expansion. A nonconforming use may be extended throughout the building or structure in which said use is presently located, provided no structural alterations except those required by law or permitted by the regulation of the district in which the building or structure is located are made therein. Such structural alteration shall not provide floor area expansion.

b.

Discontinuance.

1.

If a nonconforming use of a building or structure is discontinued for a period of two years, it shall not be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located; provided, however, the period of discontinuance shall be 18 months for private clubs and outdoor advertising signs. When a nonconforming use is abandoned for any period of time without a present intention to reinstate the nonconforming use, the property involved may thereafter be used only by conforming uses. A commercial or industrial nonconforming use shall be considered to have been abandoned when it has been converted to a use that is not legally nonconforming. The determination that such an illegal conversion has occurred shall be made by the city administrator after thorough review. A written record informing the owner or occupant of the decision and of its basis shall be sent to the address of the abandonment and the address of the owner. The decision may be appealed to the board of zoning appeals.

2.

For an existing special use permit, legal non-conforming status shall be considered to be discontinued if the special use permit is revoked, expires without proper renewal, is transferred to a different parcel or lot, or the subject property has a change in ownership, except:

(i)

If the change of ownership occurs as a result of a sale of property or conveyance, then the time period for the new property owner to apply for a new special use permit shall be six months; or

(ii)

If the change of ownership occurs as a result of a deed upon death, then the time period for the new property owner to apply for a new special use permit shall be 18 months.

c.

Change of use. The nonconforming use of a building or structure may be changed to another nonconforming use of the same or more restrictive zoning district. Whenever a nonconforming use has been changed to a more restrictive use or a conforming use, such use shall not hereafter be changed to a less restrictive use. In the particular case of commercial and/or industrial nonconforming uses in residential zoning districts, the nonconforming use of such a building or structure may be changed to another nonconforming use only upon approval by the planning commission and unified government board of commissioners and only under all of the following conditions:

1.

Adequate notice to owners of all property within 200 feet.

2.

The applicant shall show that the nonconforming use cannot reasonably be changed to a permitted use.

3.

The applicant shall show that the proposed change will be less objectionable in external effects than the previous or existing nonconforming use, with respect to:

(i)

Traffic generation and congestion.

(ii)

Noise, smoke, dust, fumes, heat, odor, glare or vibration.

(iii)

Storage and waste disposal.

(iv)

Appearance.

d.

Repairs/restoration. Requirements set out under subsection (3)a of this section are fully applicable here.

(3)

Nonconforming residential use of residential buildings.

a.

Generally. In the particular case of nonconforming residential uses of residential buildings, a nonconforming use permit shall be required for continuation of such a use. Such uses will be those containing more dwelling units than allowed under the zoning applicable at the time of conversion. An application for a nonconforming use permit shall be made within 60 days of the receipt of written notice that such an application is necessary, but in no case may an initial application be made after March 31, 2008. Only the property owner may make such an application. The application for the permit shall include the petition, evidence of required period of existence, a site plan, floor plans, and other information as required to substantiate the permit. The burden of proof shall be on the owner/applicant to establish the period of existence. A nonconforming use permit, if approved, may be revoked under the criteria and procedures set forth in section 27-209.

b.

Nonconforming use permits. The building official, in consultation with the director of planning and zoning shall issue a nonconforming use permit if any one of the sets of standards set out in this subsection is met:

1.

There is clear and convincing evidence that the existing nonconformance was established prior to and existing continuously from December 30, 1941.

2.

There is clear and convincing evidence that the existing nonconformance was established prior to and existing continuously from July 28, 1956, and that:

(i)

No past application has been ruled upon adversely by the board of zoning appeals or unified government board of commissioners.

(ii)

There is compliance with all applicable code requirements.

(iii)

There has been written notification by mail to all property owners within 200 feet of the property for which the nonconforming use permit is pending to determine if there are objections to the issuance, and that no written objections have been received within two weeks of the mailing.

(iv)

Unless otherwise approved under subsection (3)b.3 of this section by the unified government board of commissioners, the term of the nonconforming use permit is ten years and it is only applicable to the property owner to whom it is granted.

3.

The unified government board of commissioners after recommendation by the planning commission has approved or modified and approved a nonconforming use permit following the process and standards set out as follows:

(i)

Mailed notice to all property owners within 200 feet of the consideration by the planning commission and unified government board of commissioners.

(ii)

The unified government board of commissioners may attach conditions to ensure the public welfare which establish expiration dates, limit changes of ownership, require physical changes and improvements, or reduce the number of dwelling units. Unless otherwise approved by the unified government board of commissioners, the term of the nonconforming use permit is ten years and it only applicable to the property owner to whom it granted.

(iii)

The planning commission and unified government board of commissioners shall not consider an application for nonconforming use permit until building official or his designee has inspected the premises and provided to the property owner the changes and improvements necessary to achieve compliance with all applicable code requirements along with an estimate of the cost of compliance. Repairs made or expenses incurred prior to approval shall not be a factor in the consideration of the nonconforming use permit. The improvements required shall completed and approved within 180 days of the nonconforming use permit approval or that approval shall be null and void.

(iv)

The unified government board of commissioners may approve a nonconforming use permit upon finding that the use has been in existence continuously for a period of at least 20 years prior to the date of application, that provision for parking is adequate, that rezoning the property would result in "spot" zoning or a zoning or a zoning inappropriate to surrounding land uses, and that the use will not be detrimental to character of the immediate neighborhood or be detrimental to the public health, safety, or general welfare.

(4)

Nonconforming buildings or structures. Any lawfully existing building or structure which does not conform with the height or area regulations of the district in which it is located or any building within which a nonconforming use is located shall be subject to the following provisions:

a.

Repairs/restoration. A nonconforming building may be repaired, restored, or rehabilitated without time limit so long as it remains a completely enclosed structure with the bulk of its structural members intact. A nonconforming building or structure which is wholly or partially destroyed by fire or other casualty or act of God, or legally condemned, may be restored or reconstructed to its previous size and location; provided, however, that where the bulk of structural members must be reconstructed, in an area which interferes with existing or proposed street rights-of-way or necessary sight distance as set out in division 12 of this article and section 27-637, reconstruction shall be altered to eliminate such interference. Such restoration shall be completed within 12 months of the date of damage excluding any time for litigation.

b.

Enlargements. There shall be no increase in the amount of any nonconformity. A nonconforming building or structure may be enlarged, provided such enlargement complies with the regulations and standards of this article.

(5)

Nonconforming signs. Any lawfully existing sign which does not conform with all applicable regulations shall be considered a nonconforming sign. (A lawfully existing roof sign structure in districts CD, M2, and M3 shall be considered a nonconforming sign). Such nonconforming signs may continue in use subject to the following provisions:

a.

Repairs/maintenance. Ordinary repairs or maintenance may be made on a nonconforming sign. Changing copy or logo shall be considered maintenance if the information, product or service depicted remains the same and if the sign is to serve the identical establishment using the same business name as before the change. Where a nonconforming electrical sign or sign face is in good condition and can be reused without changes in its shape or size, such reuse shall be considered repair or maintenance even for a different business. Where a sign surface is damaged or destroyed by fire or other casualty or act of God and the sign supports remain intact, the sign surface may be replaced to its original size and location.

b.

Refacing/alteration. Sign refacing shall include changing or replacing the surface of the sign to serve a different establishment or business or to create a substantially different visual effect. The normal changing of the message on an outdoor advertising sign shall not be a violation of this provision. Sign alteration shall include the replacement, enlargement, or reshaping of a sign frame, pole, brackets or any supporting member. Nonconforming signs may be refaced or altered so long as the degree of nonconformity is not increased if they meet all the following requirements:

1.

No taller than 1½ times the maximum permitted in the applicable zoning district.

2.

No closer to any property line than one-half the minimum setback permitted in the applicable zoning district. A lesser setback may be permitted, if there is no other feasible sign location.

3.

No larger in area than 1½ times the maximum permitted in the applicable zoning district.

This subsection does not permit a sign conforming in height and/or area and/or setback to become nonconforming in any of those criteria.

(Code 1988, § 27-1067; Ord. No. 64690, § 1(27-63.2), 8-30-1984; Ord. No. 65417, § 8, 4-6-1989; Ord. No. 65567, § 1, 9-20-1990; Ord. No. 65658, § 1, 9-5-1991; Ord. No. 65814, § 5, 7-8-1993; Ord. No. 66138, § 3, 8-15-1996; Ord. No. O-12-98, § 1, 3-26-1998; Ord. No. O-105-00, § 1, 11-30-2000; Ord. No. O-92-02, § 1, 10-31-2002; Ord. No. O-24-06, § 1, 3-2-2006; Ord. No. O-49-23, § 3, 4-27-2023)

(a)

Certain lawfully nonconforming conditions or characteristics of use are related both to the uses of the property and the size, configuration and existing development. These include number and arrangement of parking spaces and loading areas as well as performance standards, which require distances or spacing. These conditions or characteristics of use are afforded legal nonconforming status where the size or layout of the site prevents compliance. However, no change of use or change in a building or structure shall be permitted which creates a deficit or significantly increases an existing deficit in off-street parking spaces, loading areas, or performance standards. A deficit exists when the proposed use of the property requires more parking or loading area as set out for the particular use in the zoning district than can be provided.

(b)

For new uses that do not involve sale or consumption of alcoholic beverages, are closed between 10:30 p.m. and 5:00 a.m., and are to be located in an existing building, existing on-street parking on frontage adjoining the proposed use may be counted toward meeting increased parking requirements. Only on-street parking located within nonresidential zoning districts may be counted. On-street parking which is not adjoining, but is within 100 feet of, the proposed use may be included with the written permission of the owner of the frontage adjoining the on-street parking.

(c)

Certain other lawfully nonconforming conditions or characteristics of use are not afforded the same right to be continued. These include, but are not limited to, screening, surfacing and other improvements to parking, loading and vehicular maneuvering areas, and conformance with performance standards. The following provisions establish a procedure for remedying certain nonconforming conditions or characteristics of use in certain situations:

(1)

Remedy of certain lawfully nonconforming conditions. It is recognized that certain conditions may exist on some multifamily, commercial or industrial sites within the city which do not conform to one or more standards or requirements of this article but which may be remedied, corrected or mitigated without unreasonable cost or effort and which would promote the general welfare of neighboring property and the community at large. Such conditions include lack of screening on unsightly areas, inadequate surface on parking areas or drives, discharging surface water, noncompliance with one or more performance standards and other similar conditions. It is the intent of this section to require reasonable remedy, correction or mitigation of such nonconforming conditions concurrent with significant new construction or other improvements and in cases where serious adverse effects are experienced by nearby property owners or by the public in general.

(2)

Significant new construction. The building official, upon recommendation of the development review committee, may order compliance or moves toward compliance for a property as a whole as a part of new construction or alteration or expansion of a main building that expands existing floor area by more than 25 percent. In addition:

a.

Where a storage or service area is required by this article to be screened and where the required screening is not precluded by topographic or other uncontrollable conditions, and where the area is viewed by neighboring property owners or the public, the building official may order required screening to be installed within a 60-day period following the issuance of a building permit.

b.

Where surface water flows onto adjoining property in quantity or with a velocity that produces damage and where redirection or detention of part or all of such water can reasonably be accomplished, the building official may so order such redirection or detention be accomplished within a 60-day period following the issuance of a building permit.

c.

Where a parking area, drive or other outdoor service area is without a dust-free and impervious paved surface and the resulting dust, mud, surface water or unsightliness is experienced by the general public, employees, tenants or others who use the area, or by neighboring property owners, the building official may order asphalt or concrete pavement or other suitable surface be installed within a period of 180 days following the issuance of a building permit.

d.

Where performance standards as set out in this article are exceeded or violated by a use of land or building and such violations can be corrected or abated without unreasonable cost or other penalty on the part of the occupant or owner, the building official may order such correction to be made within a reasonable time after issuance of a building permit.

(3)

Serious adverse effects. The county administrator, after evaluating the specific property and making a finding that action is called for by one or more of the following, may instruct the building official to order improvements to remedy such situation in line with the conditions and time frames established under subsections (c)(2)a—d of this section:

a.

The physical or mental health of nearby occupants is in jeopardy.

b.

The marketability or usefulness of nearby property is depressed.

c.

The nonconformance is a result of negligence, incompetence or mischief.

d.

The nonconformance produces a prominent and widely observed adverse condition that is in contrast with and out of character with the balance of the neighborhood or community.

In case an owner or occupant believes that the remedy, correction or mitigation is unreasonable, illegal or without foundation, an appeal may be made to the board of zoning appeals that shall have final authority in the matter.

(Code 1988, § 27-1068; Ord. No. 64690, § 1(27-63.3), 8-30-1984; Ord. No. O-112-01, § 1, 11-29-2001)