Lewiston City Zoning Code
GENERAL PROVISIONS
§ 152.001 PURPOSE.
(A) This chapter shall be known as the Zoning Ordinance of Lewiston and is referred to herein as this chapter.
(B) From and after the effective date of this chapter, the use of all land and every building and the erection or structural alteration of any building or portion of a building in the city shall be in conformity with the provisions of this chapter. Any structure or use lawfully existing at the passage of this chapter but not in conformity with the regulations of the appropriate zoning district may be continued subject to the regulations this chapter.
(C) The provisions of this chapter shall be interpreted as the minimum requirements for the promotion of the public health, safety, morals, convenience and general welfare. Where the provisions of any statute, other ordinance or regulations impose greater restriction than this chapter, such restrictions shall apply.
(Prior Code, Ch. 9, Part 1)
§ 152.002 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word BUILDINGS shall include the word “structure”; the word LOT shall include the word “plot”.
ACCESSORY USE OR STRUCTURE. A use or structure, or portion of a structure, subordinate to and serving the principal use of structure on the same lot and customarily incidental thereto.
AGRICULTURAL BUILDING OR STRUCTURE. Any building or structure existing or erected which is used principally for an agricultural purpose, with the exception of dwelling units.
AGRICULTURE. The growing of soil crops in the customary manner on open tracts of land, the raising of animals or poultry, includes incidental retail selling by the produces or the products raised on the premises providing customer parking space is furnished off the public right-of-way.
ALLEY. A public or private right-of-way less than 30 feet in width which affords secondary means of access to abutting property.
APARTMENTS. A room or suite of rooms designed for, intended for or used as a residence for one family or individual and equipped with cooking facilities.
APARTMENT BUILDING. Three or more apartments grouped in one building.
AUTO OR MOTOR VEHICLE REDUCTION YARD. A lot or yard where one or more unlicensed motor vehicles, or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sales as scrap, storage or abandonment. (See also JUNK YARD.)
AUTOMOBILE SERVICE STATION. A building designed primarily for the supplying of motor fuel, oil, lubrication and accessories to motor vehicles or any portion thereof.
BASEMENT. A portion of a building located partly underground but having one-half or more of its floor to ceiling height below the average grade of the adjoining ground.
BED AND BREAKFAST. A building of residential design wherein lodging is provided to tourists and wherein breakfast may also be provided to said tourists. The term TOURIST shall mean persons renting such accommodations for a total period of time not to exceed 14 days during any consecutive 90-day period.
BLOCK. A track of land bounded by streets or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, unsubdivided acreage or boundary line of the corporate limits of the city.
BOARDING HOUSE. Any dwelling other than a hotel or a motel where meals or lodging and meals for compensation are provided for two or more persons pursuant to previous arrangements and not to anyone who may apply.
BUILDING. Any structure for the shelter, support or enclosure of persons, animals, chattel or property of any kind; and when separated by party walls without openings, each portion of such BUILDINGS so separated shall be deemed a separate building.
BUILDING ACCESSORY. A subordinate building, the use of which is incidental to that of the main building on the same lot.
BUILDING HEIGHT. The vertical distance from the average of the lowest and the highest point of that portion of the lot covered by the building to the ceiling of the top most story.
BUILDING LINE. A line parallel to the street right-of-way line at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right-of-way line.
BUILDING SETBACK. The minimum horizontal distance between the building at its furthest protrusion and a lot line, or the normal high water mark of a stream or river.
BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.
CELLAR. The portion of a building having more than one-half of the floor-to-ceiling height below the average grade of the adjoining ground. The CELLAR shall not be counted as a story for purposes of height limitations.
CHURCH. A building, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CLUSTERING/CLUSTER HOUSING. A development pattern and technique whereby structures are arranged in closely related groups to make the most efficient use of the natural amenities of the land.
COMPREHENSIVE PLAN. A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development of the city and its environs and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
CONDITIONAL USE. A use classified as conditional generally may be appropriate or desirable in a specified zone, but requires special approval because if not carefully located or designed it may create special problems such as excessive height or bulk or traffic congestion.
CONDOMINIUM. A form of individual ownership within a multi-family building with joint responsibility for maintenance and repairs of the common property. In a CONDOMINIUM, each apartment or townhouse is owned outright by its occupant and each occupant also owns a share of the land and other common property.
COOPERATIVE. A multi-unit development operated for and owned by its occupants. Individual occupants do not own their specific housing unit outright as in a condominium, but they own shares in the total enterprise.
CURB LEVEL. The grade elevation established by the Council of the curb in front of the center of the building. Where no CURB LEVEL has been established, the city shall determine a CURB LEVEL or its equivalent for the purpose of this chapter.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operation.
DRIVE-IN. Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where service to the automobile occupant is offered regardless of whether service is also provided within a building.
DWELLING, ATTACHED. One which is joined to another dwelling or building at one or more sides by a party wall or walls.
DWELLING, DETACHED. One which is entirely surrounded by open space on the same lot with no common party walls.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by a single family but not including hotels, motels, boarding or rooming houses or tourist homes. There are three principal types:
(1) SINGLE/FAMILY DETACHED. A freestanding residence structure designed for or occupied by one family only.
(2) SINGLE-FAMILY ATTACHED. A residential building containing two or more dwelling units with one common wall.
(a) DUPLEX. A residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.
(b) TOWNHOUSE. A residential building containing two or more dwelling units with at least one common wall, each unit so oriented as to have all exits open to the outside.
(3) MULTIPLE-FAMILY. A residence designed for or occupied by three or more families, either wholly (attached) or partially a part of a large structure (detached), with separate housekeeping and cooking facilities for each.
EARTH SHELTERED BERM. An earth covering on the above grade portions of building walls.
EARTH SHELTERED BUILDING. A building constructed so that 50% or more of the exterior surface is covered or in contact with earth. Exterior surface includes all walls and roof, but excludes garages and other accessory buildings. Earth covering walls are measured from the floor of the structure’s lowest level. Earth covering on the roof must be at least 12 inches deep to be included in calculations of earth covering. Partially completed buildings shall not be considered EARTH SHELTERED.
EASEMENT. A grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining walkways, roadways and utilities, including, but not limited to, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines.
EFFICIENCY UNIT. A dwelling unit with one primary room which doubles as a living room, kitchen and bedroom.
ESSENTIAL SERVICES. Overhead or underground electrical, gas, steam or water transmission or distribution systems and structure or collection, communication, supply of disposal systems and structures used by public utilities or governmental departments or commissions or as are required for the protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes and accessories in connection therewith but not including buildings.
EXTERIOR STORAGE (INCLUDES OPEN STORAGE). The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.
EXTRACTION AREA. Any non-agricultural artificial excavation of earth exceeding 50 square feet of surface area of two feet in depth, other than activity involved in preparing land for earth sheltered or conventional construction of residential, commercial and industrial buildings, excavated or made by the removal from gravel, stone or other natural matter, or made by turning, or breaking or undermining the surface of the earth, except that public improvement projects shall not be considered EXTRACTION AREAS.
FAMILY. Any number of individuals living together on the premises as a single non-profit housekeeping unit as distinguished from a group occupying a boarding house, lodging house, hotel, club, fraternity or sorority house.
FARM. A tract of land which is principally used for agricultural activities such as the production of cash crops, livestock or poultry farming. Such FARMS may include agricultural dwelling and accessory buildings and structures necessary to the operation of the FARM.
FENCE. Any partition, structure, wall or gate erected as a divider marker, barrier or enclosure and located along the boundary, or within the required yard.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior walls, including basements and attached accessories.
FRONTAGE. That boundary of a lot which abuts an existing or dedicated public street.
GARAGE, PRIVATE. An accessory building for storage only of self-propelled vehicles and tools and equipment maintained incidental to a conforming use of the premises.
GARAGE, PUBLIC. Any premises except those defined as a private garage used for storage or care of self-propelled vehicles and/or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
GARAGE, STORAGE. Any building or premises used for housing motor driven vehicles and at which automobile fuels are not sold or motor vehicles are not equipped, repaired, hired or sold.
GRADE. The average of the finished level at the center of the exterior walls of the building. For an earth sheltered building, GRADE means the average of the finished level at the center of the lot. For a building with earth berm but less than 50% earth covering, GRADE means the average of the finished level at the center of the building at the beginning of the earth berm.
HOME OCCUPATIONS. Any gainful occupation or profession engaged in by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes and subject to the following requirements:
(1) No retail business other than that conducted by mail shall be permitted;
(2) No manufacturing business shall be allowed;
(3) No repair shall be allowed;
(4) No stock in trade shall be displayed for sale on the premises;
(5) Only members of the family occupying the premises as their personal residence shall carry on the home occupation;
(6) No mechanical or electrical equipment which may cause noise or interference with television, radio or other entertainment or communication devices usually found in a residence shall be employed, installed or maintained;
(7) No interior or exterior alterations shall be permitted and no construction features shall be permitted which are not customarily found in a dwelling;
(8) There shall be no exterior displays, no exterior signs except as permitted for a dwelling unit in the district and no other exterior indication of the home occupation;
(9) There shall be no exterior storage of equipment or materials used in the occupation;
(10) The home occupation must be conducted entirely within a building;
(11) Clinics, doctor’s or dentist’s offices, hospitals, tea rooms, restaurants, animal hospitals and kennels, motor vehicle repairing for hire and welding, among others, shall not be deemed home occupations;
(12) Such occupations as architects, artists, writers, decorative craft makers, designers, computer programmers, piecework mail, phone sales, licensed day care (provided improved playground equipment areas are properly screened to prevent unreasonable noise upon adjacent residential areas), dressmaking, and millinery and similar domestic crafts shall be permitted; and
(13) No more than one-third of the area of any one level of a dwelling may be used in a home occupation.
HORTICULTURE. Uses and structures designed for the storage of products and machinery pertaining and necessary thereto.
HOTEL. Any building or portion thereof where lodging is offered to transient guests for compensation and in which there are more than five sleeping rooms, with no cooking facilities in individual dwelling units.
JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other machinery.
KENNEL. Any structure or premises on which four or more dogs over six months of age are kept for sale, breeding, profit, training and the like.
LANDSCAPING. Planting, including trees, grass, ground cover and shrubs.
LODGING ROOM. A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms without cooking facilities, each room which provides sleeping accommodation shall be counted as one LODGING ROOM.
LOT. One unit of a recorded plat or subdivision, which unit has frontage on a street or proposed street, and is occupied, or to be occupied, by a building and accessory buildings, and include as a minimum, such open spaces as are required under this chapter.
LOT AREA. The land area within the lot lines.
LOT, CORNER. A lot situated at the intersection of two or more streets.
LOT COVERAGE. The area of the zoning lot occupied by the principal buildings and accessory buildings. Earth berms are not to be included in calculating LOT COVERAGE. Only the above-grade portions of an earth sheltered building should be included in LOT COVERAGE calculations.
LOT, DEPTH. The average distance between the front and rear lot line (the greater frontage of a corner lot shall be deemed its depth and the lesser frontage its width).
LOT, DOUBLE FRONTAGE. An interior lot having frontage on two streets.
LOT INTERIOR. A lot other than a corner lot.
LOT, KEY. The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street on which the corner lot fronts.
LOT LINE. The property line bounding a lot except that where any portion of a lot extends into the public right-of-way shall be the LOT LINE for purposes of this chapter.
LOT LINE, FRONT. The boundary of a lot which abuts an existing or dedicated public street and in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the FRONT LOT LINE shall be designated by the owner and filed with the County Recorder.
LOT LINE, REAR. The boundary of a lot which is opposite the front lot line. If the REAR LOT LINE is less than ten feet in length, or if the lot forms a point at the rear, the REAR LOT LINE shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. Any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor’s subdivision or a registered land survey that has been recorded in the office of the County Recorder, prior to the effective date of this chapter.
LOT, SUBSTANDARD. A lot or parcel of land for which a deed has been recorded in the office of the County Recorder upon or prior to the effective date of this chapter which does not meet the minimum lot area, structure setbacks or other dimensional standards of this chapter.
LOT, WIDTH. The horizontal straight line distance between the side lot lines of the setback line.
MANUFACTURED HOME. A structure transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with permanent foundation when connected to the required utilities, and including the plumbing, heating, air conditioning and electrical systems contained therein, except that the term includes any structure which meets all the requirements, and with respect to which the manufacturer voluntarily files a certification required by the Commissioner of Administration and complies with the standards established under this chapter.
MANUFACTURED/MOBILE HOME PARK. Any site, lot, field or tract of land under single ownership, designated, maintained or intended for the placement of two or more occupied homes. It shall include any buildings, structure, vehicle or enclosure intended for use as part of the equipment of such MOBILE/MANUFACTURED HOME PARK.
METES AND BOUNDS. A method of property description by means of their direction and distance from an easily identifiable point.
MINING. The extraction of sand, gravel, rock, soil or other material from the land in the amount of 1,000 cubic yards or more and the removing thereof from the site. The only exclusion from this definition shall be removal of materials associated with construction of a building; provided such removal is an approved item in the building permit.
MODULAR HOME. A non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site.
MOTEL (TOURIST COURT). A building or group of detached, semi-detached or attached buildings containing guest rooms or dwellings, with garage or parking space conveniently located to each unit and which is designed, used or intended to be used primarily for the accommodation of automobile transients.
MOTOR HOME or RECREATION VEHICLE. Any vehicle mounted on wheels and for which a license would be required if used on highway, roads or streets, and so constructed and designed as to permit occupancy thereof for dwelling or sleeping purposes and used for recreational purposes.
NON-CONFORMING USE. A use lawfully in existence on the effective date of this chapter and not conforming to the regulations for the district in which it is situated, except that such a use is not non-conforming if it would be authorized under a special use permit where located.
NURSERY, LANDSCAPING. A business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscape construction.
NURSING HOME. A building with facilities for the care of children, the aged, infirm or place of rest for those suffering bodily disorder. The NURSING HOME shall be licensed by the Department of Health as provided for in M.S. § 144.50, as it may be amended from time to time.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projections, excavation, channel, modification, culvert, building, wire, fence, stockpile, refuse, fill structure or matter in, along, across or projecting into any channel, watercourse or regulatory floodplain which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
ORDINARY HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ORDINARY HIGH WATER MARK is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
PLANNED UNIT DEVELOPMENT. A residential development whereby buildings are grouped or clustered in and around common open space areas in accordance with a prearranged site plan and where the common open space is owned by the homeowners and usually maintained by a homeowner’s association.
PREMISES. A lot or plot with the required front, side and rear yards for a dwelling or other use as allowed under this chapter.
SETBACK. The shortest distance between the front lot line and the foundation wall of a building or the allowable building line as defined by the front yard regulations of this chapter.
SIGN. A name, identification, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public and which directs attention to a product, place, activity, purpose, institution or business.
SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service activity or entertainment not necessarily conducted, sold or offered upon the premises where such a sign is located.
SIGN, BUSINESS. A sign which directs attention to a business or profession or a commodity, service or entertainment sold or offered upon the premises where such sign is located.
SIGN, FLASHING. Any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use.
SIGN, ILLUMINATED. Any sign which has characters, letters, figures, designs or outlines illuminated by electric light or luminous tubes as a part of the design.
SIGN, NAMEPLATE. Any sign which states the name or address of both the business or occupant on the lot where the sign is placed.
SIGN, PROJECTING. A sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.
SIGN, PYLON. A freestanding sign erected upon a single pylon or post which is in excess of ten feet in height with a sign mounted on top thereof.
SIGN, ROTATING. A sign which revolves or rotates on its axis by mechanical means.
SIGN, SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including any structural elements outside the limits of such sign and not forming an integral part of the display. (Only one side of a double-face or V-type sign structure shall be used in computing total surface area.)
SIGN, WALL (FLAT). A sign affixed directly to the exterior wall and confined within the limits thereof of any building and which projects from that surface less than 18 inches at all points.
SOLAR ACCESS SPACE. The airspace above all lots within the district necessary to prevent any improvements, vegetation or tree located on said lots from casting a shadow upon any solar device located within said zone greater than the shadow cast by a hypothetical vertical wall ten feet high located along the property lines of said lots between the hours of 9:30 a.m. and 3:30 p.m., Central Standard Time on December 21; provided, however, this chapter shall not apply to any improvements or tree which casts a shadow upon a solar device at the time of the installation of said device or to vegetation existing at the time of installation of said solar device.
SOLAR COLLECTOR. A device, or combination of devices, structure or part of a device or structure that transforms direct solar energy into thermal, chemical or electrical energy and that contributes significantly to a structure’s energy and supply.
SOLAR ENERGY SYSTEM. A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used) and components to the distribution of transformed energy (to the extent they cannot be used jointly with a conventional energy system). To qualify as a SOLAR ENERGY SYSTEM, the system must be permanently located for not less than 90 days in any calendar year beginning with the first calendar year after completion of construction. Passive SOLAR ENERGY SYSTEMS are included in this definition but not to the extent that they fulfill other functions such as structural and recreational.
SOLAR SKYSPACE. The space between a solar energy collector and the sum which must be free of obstructions that shade the collector to an extent which precludes its cost-effective operation.
SOLAR SKYSPACE EASEMENT. A right, expressed as an easement, covenant, condition or other property interest in any deed or other instrument executed by or on behalf of any landowner, which protects the solar skyspace of an actual, proposed or designated solar energy collector at a described location by forbidding or limiting activities or land uses that interfere with access to solar energy. The SOLAR SKYSPACE must be described as the three-dimensional space in which obstruction is prohibited or limited, or as the times of day during which direct sunlight to the solar collector may not be obstructed, or as a combination of the two methods.
SOLAR STRUCTURE. A structure designed to utilize solar energy as an alternate for, or supplement to, a conventional energy system.
STORY. The portion of the building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, the space between the floor and the ceiling above it.
STORY, HALF. A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.
STREET. A public right-of-way which affords primary means of access to abutting property, and shall also include avenue, highway, road or way.
STREET, COLLECTOR. A street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.
STREET, LOCAL. A street intended to serve primarily as an access to abutting properties.
STREET, MAJOR OR THOROUGHFARE. A street which serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.
STREET PAVEMENT. The wearing or exposed surface of the roadway used by vehicular traffic.
STREET WIDTH. The width of the right-of-way, measured at right angles to the centerline of the street.
STRUCTURAL ALTERATION. Any change or addition to the supporting members of a building such as bearing walls, columns, beams or girders.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground.
USE. The purpose for which land or premises of the building thereon is designated, arranged or intended, or for which it may be occupied or maintained.
USE, ACCESSORY. A use incidental or accessory to the principal use of a lot or building located on the same lot as the accessory use.
WETLAND. Land which is annually subject to periodic or continual inundation by water and commonly referred to as bog, swamp or marsh.
YARD. An open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward.
YARD, FRONT. A yard extending across the full width of the lot and lying between the front lot line and the front building line.
YARD, REAR. A yard extending across the width of the lot and lying between the rear lot line and the nearest line of the principal building.
YARD, SIDE. A yard extending from the front lot line to the rear lot line and lying between the side lot line and the nearest line of a building.
ZERO LOT LINE BUILDINGS. A building which either shares a common wall with a building on an adjacent lot or which has an outside separate wall immediately adjacent to a similar wall on an adjacent parcel.
ZONING ADMINISTRATOR. The duly appointed person charged with enforcement of this chapter.
ZONING AMENDMENT. A change authorized by the city either in the allowed use with a district or in the boundaries of a district.
ZONING DISTRICT. An area or areas within the limits of the city for which the regulations and requirements governing use are uniform as defined by this chapter.
(Prior Code, §§ 901.01, 903.03)
§ 152.003 ZONING ADMINISTRATOR.
(A) Generally. The Zoning Administrator shall be appointed or hired by the City Council and shall have the power and duty to enforce this chapter.
(Prior Code, § 903.01)
(B) Specific powers and duties. The Zoning Administrator shall enforce this chapter and shall perform the following duties:
(1) Issue occupancy, building and other permits, and make and maintain record thereof;
(2) Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter;
(3) Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefore;
(4) Review, file and forward all applications for appeals, variances, conditional use or other matters to the designated official bodies; and
(5) Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law.
(Prior Code, § 903.02)
§ 152.004 COMPLIANCE REQUIRED.
It shall be the duty of all property owners, architects, contractors, subcontractors, builders and other persons involved in the use of property, the erecting, altering, changing or remodeling of any building or structure, including tents and mobile homes, before beginning or undertaking any such use or work, to see that such work does not conflict with and is not in violation of the provisions of this chapter, and any such property owner, architect, builder, contractor or other person using property, or doing or performing any such work and in violation of the provisions of this chapter shall be held accountable for such violation.
(Prior Code, § 903.03)
§ 152.005 ZONING CERTIFICATE.
It shall be unlawful to use, occupy or permit the use of occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged in its use or structure until a zoning certificate has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this chapter. Where a non-conforming use or structure is extended or substantially altered, the zoning certificate shall specifically state the manner in which the non-conforming structure or use differs from the provision of this chapter.
(Prior Code, § 903.01) Penalty, see § 10.99
§ 152.006 VIOLATIONS.
Any property, building or structure being used, erected, constructed or reconstructed, altered, repaired, converted or maintained in a manner not permitted by this chapter, shall be prohibited. The City Council or the Zoning Administrator may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations or threatened violations.
(Prior Code, § 903.05) Penalty, see § 10.99
§ 152.007 BOARD OF ADJUSTMENT.
(A) A Board of Zoning Adjustment is hereby established which shall consist of the entire City Council and shall be vested with such administrative authority as hereinafter provided. The members may be paid their necessary expenses, in the conduct of the business of the Board, which exceeds usual expenses as regular Council members.
(B) The Mayor shall be the chairperson of the Board. The City Administrator shall act as secretary, but will not be a member of the Board. It shall adopt rules from the transaction of its business and shall keep a public record of its transaction, findings and determinations.
(C) The Board of Adjustment shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision or determination made by such an administrative official charged with enforcing this chapter. Such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the city. The Board of Adjustment shall also have the power to grant variances to the provisions of this chapter under certain conditions. The conditions for the issuance of a variance are as indicated in § 152.038. No use variances (uses different than those allowed in the district) shall be issued by the Board of Zoning Adjustment.
(D) Hearings by the Board of Adjustment shall be held within such time and upon such notice to interested parties as is provided in this chapter and its adopted rules for the transaction of this business. The Board shall, within a reasonable time, make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or attorney.
(E) The Board of Adjustment may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in each case. The reasons for the Board’s decision shall be stated in the Board’s minutes and communication to applicants.
(Prior Code, § 903.07)