The planning commission shall administer and enforce this chapter with the assistance of a zoning official. The zoning official shall enforce the provisions of this chapter, and he, or his duly authorized representative, may enter any building, structure, or premises to perform any duty imposed upon him by this chapter.

(Ord. No. 4807, as amended, § 28, 2-2-81)

If the zoning official shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or he shall take any other action authorized by this chapter to insure compliance with or to prevent violation of its provisions.

(Ord. No. 4807, as amended, § 28, 2-2-81)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the zoning official, who shall properly record such complaint, promptly investigate and take action thereon, as provided by this chapter. The zoning official shall respond in writing to any written complaint when requested in writing by the complainant.

(Ord. No. 4807, as amended, § 34, 2-2-81)

(a)

It shall be unlawful to use or occupy or permit the use or occupancy of any existing building or premises, or both, or part thereof that is changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance is issued by the zoning official stating that the proposed use of the building or land conforms to the requirements of this chapter. The zoning official shall maintain a record of all certificates of zoning compliance, and copies shall be furnished upon request to any person. Failure to obtain a certificate of zoning compliance shall be a violation of this chapter and punishable under section 29-4.

(b)

No certificate of zoning compliance shall be issued for the change of use, erection, alteration or moving of a building or structure until the zoning aspects of such application have been approved by the zoning official.

(c)

All applications for certificate of zoning compliance shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations of existing buildings and structures, if any, on the lot; and the location and dimensions of the proposed building or alteration. A plan of parking facilities shall accompany each application for a building permit or a certificate of zoning compliance. The completion of the improvements for parking according to such plan shall be a requisite for the validity of the building permit or the certificate. The application shall include such other information as lawfully may be required by the zoning official, including existing or proposed buildings or proposed uses of the building and land; the number of families and dwelling units the buildings are designed to accommodate; conditions existing on the lot and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter. One (1) copy of the plans shall be returned to the applicant after the zoning official shall have marked such copy either as approved or disapproved and attested to the same by his signature on such copy. The signed copy of the plans, similarly marked, shall be retained by the zoning official.

(d)

Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the zoning official authorize only the use, arrangement, and construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided in section 29-4.

(e)

Applications for zoning amendment and applications for a "Use Permitted on Review" shall be provided by the zoning official.

(f)

The zoning official may revoke a certificate of zoning compliance or building permit issued under the provisions of this section if there has been any false statement or misrepresentation as to any fact in the application or plans on which the certificate of zoning compliance or building permit was based.

(Ord. No. 4807, as amended, § 28, 2-2-81)

(a)

A board of zoning adjustments is hereby established, which shall be composed of the planning commission as a whole.

(b)

The board of zoning adjustments shall establish regular meeting dates, adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions.

(c)

Each session of the board of zoning adjustments shall be a public meeting with public notice of such meeting and business to be carried on published in a newspaper of general circulation in the city at least one (1) time, seven (7) days prior to the meeting. Any party may appear in person, or by agent or by attorney.

(d)

The board of zoning adjustments shall have the following functions:

(1)

Hear appeals from the decision of the zoning official in respect to the enforcement and application of this chapter; and may affirm or reverse, in whole or part, such decision of the zoning official.

(2)

Hear requests for variances from the literal provision of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter. The board of zoning adjustments shall not permit, as a variance, any use in a zone that is not permitted under this chapter. The board of zoning adjustments may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.

(3)

Hear appeals from the decision of the zoning official in respect to the enforcement and application of the airport hazard zoning ordinance and may affirm or reverse, in whole or in part, the decision of the zoning official.

(e)

Any person submitting appeals of the decision of the zoning official or variance request must withdraw the appeal or request in writing no less than one (1) day (twenty-four (24) hours) prior to the board of adjustments' meeting in order to remove the business from the board's agenda.

(f)

Any person, or any board, taxpayer, department, board or bureau of the city, aggrieved by any decision of the board of zoning adjustments may appeal to the court having jurisdiction.

(g)

No applicant may be granted a variance under the provisions of this section unless the applicant shall demonstrate it is in full compliance with the relevant provisions of chapter 29 and all other applicable city codes and regulations at the time it seeks the variance. No variance will be permitted that results in the physical expansion of the automobile salvage yard.

(Ord. No. 4807, as amended, § 29, 2-2-81; Ord. No. 6303, § 3, 12-7-09)

Cross reference— Boards and commissions generally, § 2-181 et seq.

State Law reference— Board of zoning adjustment, A.C.A. § 14-56-416(b).

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the zoning official, and that such questions shall be presented to the board of zoning adjustments only on appeal from the decision of the zoning official, and that recourse from the decision of the board of zoning adjustments shall be to the court having jurisdiction.

(Ord. No. 4807, as amended, § 30, 2-2-81)

(a)

Amendments.

(1)

The regulations, restrictions, and boundaries set forth in this section may from time to time be amended, supplemented, changed, or repealed. Such changes may be initiated by the city council or by the planning commission. In addition, individual property owners may petition for district boundary changes on the official zoning map for property of which they are the owner of record.

(2)

All proposed changes, additions, and amendments shall be submitted in writing to the planning commission for public hearing, review, and recommendation to the city council. Said submittal shall include a statement and drawings, if appropriate, explaining the proposed changes.

(3)

No action to make changes in the ordinance or map may be taken until or after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days prior to said public hearing:

a.

A notice of the purpose and time and place of such hearing shall be published by the city in a newspaper of general circulation in the city.

b.

A sign denoting the requested zoning change and the time and place of such hearing shall be posted by the city conspicuously on the property for which the zoning change is requested. One (1) sign shall be posted for each two hundred (200) feet of street frontage, up to a maximum of five (5) signs.

(4)

Individual property owners applying for changes to the official zoning map shall have their application and all notifications required to be sent ready and presented to the zoning administrator or his or her designee no later than fifteen (15) business days prior to a planning commission meeting. The applicant is responsible for providing properly addressed and postage-prepaid notice to all owners of property contiguous to and across the street from the property for which the zoning change is requested. The notice shall be on a form provided by the zoning office and submitted to the zoning office for mailing along with the applicant's application. This notice shall set forth the time, date and place of the public hearing and designate the requested change in zoning. This notice shall be deemed sufficient and complete when deposited in the U.S. mail by the zoning official.

(5)

Public hearings relative hereto shall be held at planning commission meetings. Following public hearing, proposed amendments and changes may be approved as presented or in modified form by a majority vote of the commission's membership, and recommended to the city council for adoption.

(6)

If the planning commission disapproves, recommends against, or tables a proposed amendment or change, the reasons for such action shall be given to the applicant within fifteen (15) days from the date of the decision. The applicant may appeal such commission action to the city council, provided that the applicant states specifically, in writing to the city clerk, why the planning commission's findings and decision was arbitrary, capricious and inappropriate, submits a copy of the city notification to the applicant of the planning commission's actions, and deposits with the city collector the cost of publication of the notice of public hearing. Said cost deposit shall be made before the appeal is tendered to the city clerk and receipt therefore provided to the city clerk along with the appeal. The appeal must be filed within thirty (30) days of the planning commission's action. Upon receipt of the proof of cost of publication deposit and the appeal, the city clerk shall immediately provide copies of the appeal materials submitted by the applicant to the director of zoning and inspection, city planning director, and the city attorney. If the appeal fails to meet the legal criteria required, the cost of publication deposit shall promptly be refunded to the applicant by the city collector.

a.

Upon the filing of such an appeal, review and approval of the appeal by the city attorney and payment of the cost of publication of the notice of public hearing by the applicant, the matter shall be set as soon as possible for public hearing before the city council, taking into account all administrative timetables in subsection (b) below. At least ten (10) days prior to the hearing before the city council, the city clerk shall cause notice of a public hearing to be published in a newspaper of general circulation in the city. This notice shall set forth the time, date and place of the hearing and designate the requested change in zoning status.

b.

The applicant making appeal to the city council shall be responsible for securing and completing a standard notice form provided by the zoning department setting forth the requested change in zoning status and the time, date and place of the hearing before the city council. This form must be prepared by the applicant for mailing to all persons who were required to be sent notice for the original hearing before the planning commission. At least ten (10) business days prior to the respective council meeting, the applicant shall present all notifications required to be sent, properly addressed and postage-prepaid, to the zoning administrator or his or her designee. This notice shall be deemed sufficient and complete when deposited in the U.S. mail by the zoning official. Thereafter, the zoning official shall cause the city clerk to publish notice of a public hearing and to place the appeal on the agenda of the city council.

(7)

No application for a change of the zoning map shall be resubmitted within three (3) months from the date of the action of the city council unless the planning commission finds that a substantial change in conditions has occurred.

(8)

If the planning commission denies a zoning amendment or change and that denial is upheld by the city council, the applicant may seek judicial relief in the circuit court. No subsequent application for a zoning amendment or change with reference to the same property or part thereof, will be considered by the commission until the judicial review has been completed.

(b)

Uses permitted on review (UPOR). It is declared that certain land uses and development presents unique problems with respect to their proper location and relationship to other land uses. Therefore, analysis and judgment of the consequence of each development and use is necessary to preserve and to promote the public health, safety, and general welfare. The following procedures are promulgated to govern the establishment of such developments and uses:

(1)

The planning commission shall file a report with the city council in which said commission shall grant or deny each application for a use permitted on review (UPOR) permit, and state the reasons therefor. The planning commission, after public hearing, may permit those developments and uses where such developments and uses are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and are deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the city. In approving such uses the planning commission shall impose such conditions as it determines necessary to satisfy the criteria established in this paragraph. All conditions relating to or limiting the use, status, or operation of the development, after issuance of an occupancy permit, shall be complied with by the applicant or his successors or assigns. Failure to do so shall constitute a violation of this section.

(2)

Substantial work or construction under a UPOR permit must be commenced within one (1) year, or the permit shall terminate. UPOR permits shall be valid for an unlimited period unless a lessor period shall be provided in a particular permit. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the UPOR permit be renewed by the planning commission, which may extend to for an unlimited period or for an additional period of years.

(3)

The granting of a UPOR permit may be initiated by a resolution of the city council, or by a verified application of the owner of the property proposed to be changed. Upon denial of an application, no subsequent application for a permit with reference to the same property or part thereof, for the same use of the property, regardless of modifications to the scope of the original application, shall be filed by any applicant until the expiration of one (1) year after the denial. A subsequent application for a permit with reference to the same property or part thereof, but for a different use, may be filed following the expiration of three (3) months after the denial. Applicants who have sought judicial review of a denial of an application shall not file a subsequent application for a permit with reference to the same property or part thereof until the judicial review has been completed.

(4)

Application for use permitted on review permits, form an contents:

a.

Applications for UPOR permits shall be addressed to the Pine Bluff Planning Commission, and filed at City Hall upon forms prescribed for that purpose, and accompanied by a preliminary development plan and other information in such denial including, but not limited to, the following: preliminary site plans showing proposed uses and structures; proposed ingress and egress to the site including adjacent streets a preliminary plan for provision of sanitation and drainage facilities; and proximity of adjacent uses and buildings.

b.

Each application shall be verified by at least one (1) of the owners of the property proposed to be changed, attesting to the truth and correctness of all facts and information presented with the application.

(5)

Hearing date, public notice:

a.

Upon the filing of such an application, the matter shall be set for public hearing before the planning commission. No action may be taken until after said hearing, at which parties in interest and citizens shall have an opportunity to be heard relative thereto. At least fifteen (15) days prior to said public hearing: 1) A notice of the purpose and time and place of such hearing shall be published by the city in a newspaper of general circulation in the city; and 2) A sign denoting the requested UPOR and the time and place of such hearing shall be posted by the city conspicuously on the property for which the zoning change is requested. One (1) sign shall be posted for each two hundred (200) feet of street frontage, up to a maximum of five (5) signs.

b.

Individual property owners applying for such a permit shall have their application and all notifications required to be sent ready and presented to the zoning administrator or his or her designee no later than fifteen (15) days prior to a planning commission meeting. The applicant is responsible for providing properly addressed and postage pre-paid notices to be mailed to all property owners located within three hundred (300) feet of the subject property excluding streets and rights-of-way for which the UPOR is requested. The notice shall be on a form provide by the zoning office and submitted to the zoning office for mailing along with the applicant's application. This notice shall set forth the time, date and place of the hearing and designate the requested change in zoning status. This notice shall be deemed sufficient and complete when deposited in the U.S. mail by the zoning official.

(6)

Public hearings relative to UPOR permit requests shall be held at planning commission meetings. Following public hearing, proposed applications may be approved as presented or in modified form, or may be denied, by the planning commission.

(7)

If the planning commission disapproves or denies such a permit request, the reasons for such action shall be given to the applicant within fifteen (15) days from the date of the decision. The applicant may appeal such commission action to the city council, provided that the applicant states specifically, in writing to the city clerk, why the planning commission's findings and decision was arbitrary, capricious and inappropriate, submits a copy of the city notification to the applicant of the planning commission's actions, and deposits with the city collector the cost of publication of the notice of public hearing. Said cost deposit shall be made before the appeal is tendered to the city clerk and receipt therefore provided to the city clerk along with the appeal. The appeal must be filed within thirty (30) days of the planning commission's action. Upon receipt of the proof of cost of publication deposit and the appeal, the city clerk shall immediately provide copies of the appeal materials submitted by the applicant to the director of zoning and inspection, city planning director, and the city attorney. If the appeal fails to meet the legal criteria required, the cost of publication deposit shall promptly be refunded to the applicant by the city collector.

a.

Upon the filing of such an appeal, review and approval of the appeal by the city attorney and payment of the cost of publication of the notice of public hearing by the applicant, the matter shall be set as soon as possible for public hearing before the city council, taking into account all administrative timetables in subsection (b) below. At least ten (10) days prior to the hearing, the city clerk shall cause notice of a public hearing to be published in a newspaper of general circulation in the city. This notice shall set forth the purpose and the time, date and place of the hearing and designate the requested change in zoning status.

b.

The applicant making appeal to the city council shall be responsible for securing and completing a standard notice form provided by the zoning department setting forth the time, date and place of the public hearing before the city council and designating the requested change in zoning status. This form notice must be prepared by the applicant for mailing to all persons who were required to be sent notice for the original hearing before the planning commission. At least ten (10) business days prior to the respective council meeting, the applicant shall present all notifications required to be sent, properly addressed and postage-prepaid, to the zoning administrator or his or her designee. This notice shall be deemed sufficient and complete when deposited in the U.S. mail by the zoning official. Thereafter, the zoning official shall cause the city clerk to publish notice of a public hearing and to place the appeal on the agenda of the city council.

(8)

If the planning commission denies a UPOR and that denial is upheld by the city council, the applicant may seek judicial relief in the circuit court. No subsequent UPOR application with reference to the same property or part thereof, will be considered by the commission until the judicial review has been completed.

(9)

A property owner who was entitled to notice of an application of a UPOR filed by a property owner, and who objects to a decision of the planning commission granting the application, may appeal the planning commission's decision granting the application to the city council by following the same procedures for appeal as set out in paragraph (7) of this subsection for applicants who have had their application denied, and may seek judicial review of an adverse decision of the city council as provided in paragraph (8) of this subsection.

(c)

No applicant may be granted a use permitted on review (UPOR) unless the applicant is in full compliance with all provisions of chapter 29 and other applicable provisions of the City Code when the application is submitted. No UPOR shall be granted which permits the physical expansion of an automobile salvage yard.

(Ord. No. 4807, as amended, § 24, 2-2-81; Ord. No. 5554, § 1, 9-20-93; Ord. No. 5668, § 1, 10-21-96; Ord. No. 5804, §§ 1, 2, 5-3-99; Ord. No. 5931, §§ 1B, 1C, 2-5-01; Ord. No. 6177, §§ 1—3, 6-19-06; Ord. No. 6249, §§ 1—6, 6-16-08; Ord. No. 6303, § 2, 12-7-09; Ord. No. 6847, §§ 1, 2, 9-3-24)

(a)

The schedule of fees, charges and expenses shall be posted in the offices of the zoning department and city collector and may be altered or amended only by the city council.

(b)

No permit or certificate shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the board of zoning adjustment and/or the plaiming commission unless or until such charges and fees have been paid in full.

(1)

Zoning permit .....$25.00

(2)

Rezoning .....150.00

(3)

Variance .....100.00

(4)

Street closing and alley .....150.00

(5)

Appeal of zoning administrator decision .....60.00

(6)

Certificate of nonconforming use .....30.00

(7)

Application of uses POR .....50.00

(8)

Certificate of uses POR .....25.00

(9)

R-PUD: .....

a.

Preliminary approval .....100.00

(Plus $3.00 per lot)

b.

Final approval .....100.00

(10)

CI-PUD: .....

a.

Preliminary approval .....100.00

(Plus $3.00 per lot)

b.

Final approval .....100.00

(11)

For each sign required for posting as the result of notification procedures for zoning changes and use permits on review .....35.00

(12)

Fence permit .....30.00.

(13)

Sign review .....30.00.

(Ord. No. 4807, as amended, § 31, 2-2-81; Ord. No. 5804, § 3, 5-3-99; Ord. No. 6065, § 2, 6-2-03; Ord. No. 6106, § 2, 8-2-04; Ord. No. 6727, § 1, 11-15-21)

The lawful use of any building, structure or land existing at the time of the enactment of this chapter may be continued although such use does not conform with the provisions of this chapter. Provided, however, the right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance. The right of nonconforming uses to continue shall be subject to such regulations as the maintenance of the premises and conditions of operations as may, in the judgment of the board of zoning adjustment, be reasonably required for protection of adjacent property and further, the right to the specific regulations herein contained. In the case of a business use the right to continue its nonconformity is contingent upon the operator obtaining a current occupation license.

(Ord. No. 4807, as amended, § 5(A), 2-2-81)

A nonconforming building or structure heretofore constructed may not be occupied except as otherwise provided in this chapter.

(Ord. No. 4807, as amended, § 5(B), 2-2-81)

Repairs and alterations may be made to a nonconforming building or structure, provided that no repair or alteration shall be made where such alteration or repair increases or perpetuates the nonconformity except those required by law or ordinance.

(Ord. No. 4807, as amended, § 5(C), 2-2-81)

A nonconforming building or structure shall not be added to or enlarged in any manner where such enlargement increases the nonconformity except in conformance with the provisions of this chapter. No nonconforming building or structure shall be moved in whole or part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all the regulations of the district. Mobile homes may be relocated onto previously vacated sites where mobile homes existed as nonconforming structures; provided the site has been vacated for less than one (1) year, and approval, in writing, is given by all adjoining property owners.

(Ord. No. 4807, as amended, § 5(D), 2-2-81; Ord. No. 5332, § 1, 8-7-89)

A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, explosion, earthquake, or other calamity shall not be again restored or used for such purpose if the expense of such restoration exceeds fifty (50) percent of the replacement cost of the building or structure at the time such damage occurred, except that a damaged or destroyed nonconforming single-family dwelling that is being used exclusively for single-family occupancy at the time of destruction may be restored up to one hundred (100) percent of the replacement cost. Any nonconforming building or structure partially destroyed, or any nonconforming single-family dwelling partially or fully destroyed, may be restored provided restoration is started within twelve (12) months of destruction, and is diligently pursued to completion. Whenever a nonconforming building or structure is damaged in excess of fifty (50) percent of its replacement cost at that time the repair or reconstruction of such building or structure shall conform to all the regulations of the district in which it is located and it shall be treated as a new building.

(Ord. No. 4807, as amended, § 5(E), 2-2-81; Ord. No. 6110, § 1, 9-7-04)

Where no structural alterations are made in any building containing a nonconforming use, such use may be changed to any use equal to or more appropriate to the use permitted in the same zone category; but no building in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use. This determination shall be made by the zoning administrator, and should be based on, but not limited to, one (1) or more of the following criteria; number of employees, number of customers of similar uses, hours of operation, compatibility with surrounding land uses, etc., and is subject to appeal to the board of zoning adjustment by any aggrieved party.

(Ord. No. 4807, as amended, § 5(F), 2-2-81)

A vacant, nonconforming building or structure lawfully constructed may be occupied by the use for which the building or structure was designated or intended, if so occupied within a period of one (1) year after the effective date of this chapter, and the use of a nonconforming building or structure lawfully constructed which becomes vacant after the effective date of the chapter, may also be occupied by the use for which the building or structure was designated or intended, if so occupied within a period of one (1) year after the building becomes vacant. In the event vacancy has exceeded the period of one (1) year, application may be made in the form of a use permit on review (UPOR) to the Pine Bluff Planning Commission. Use permits filed as such may not exceed the requirements of section 29-108 (Neighborhood Business).

(Ord. No. 4807, as amended, § 5(G), 2-2-81; Ord. No. 5455, § 1, 7-1-91)

Any nonconforming use may be increased by a maximum of twenty-five (25) percent or four hundred (400) square feet in gross floor area, whichever is greater. This increase shall be added to the gross floor area that the structure contained at the date it became a nonconforming use to the district in which it is located. This shall not be construed to include residential carports, garages, and/or accessory buildings as part of the gross floor area. If such nonconforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.

(Ord. No. 4807, as amended, § 5(H), 2-2-81)

A nonconforming use shall not be extended, except in accordance with the provisions of this chapter; however, the extension of lawful use to any portion of a lawfully existing nonconforming building or structure which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use.

(Ord. No. 4807, as amended, § 5(I), 2-2-81)

The nonconforming use of land existing at the time of the effective date of this chapter may be continued under the following conditions:

(1)

That no such nonconforming use of land shall in any way be extended either on the same or adjoining property, except in accordance with the provisions of this chapter.

(2)

That if such nonconforming use of land or any portion thereof is abandoned, any future use of land or portion thereof shall be in conformity with the provisions of this chapter.

(3)

That any sign, billboard, or poster panel, which is lawfully existing and maintained at the time of the effective date of this chapter may be continued although such use does not conform with the provisions hereof, provided, however, that no structural alterations are to be made thereto.

(Ord. No. 4807, as amended, § 5(J), 2-2-81)

A nonconforming use of any building, structure or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned under any one (1) of the following circumstances:

(1)

When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one (1) year.

(2)

When a nonconforming building, structure or land or portion thereof which is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of one (1) year.

(3)

When it has been replaced by a conforming use.

(Ord. No. 4807, as amended, § 5(K), 2-2-81)

To avoid undue hardship, nothing in this chapter shall require any change in plans, construction, or designated use of any building for which a building permit has been issued prior to the effective date of adoption or amendment of this chapter and upon which actual building has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. Where excavation of a building has been substantially begun preparatory to the rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

(Ord. No. 4807, as amended, § 5(L), 2-2-81)

(a)

Generally. The interior area of any automobile salvage yard or other junkyard in existence in any residential or commercial district on June 5, 1989 shall be screened from view by fencing within six (6) months and the interior area of any automobile salvage yard or other junkyard established after June 5, 1989 shall be screened. All required screening shall comply with the following:

(1)

Screening.

a.

Fences:

1.

The fencing shall be of permanent materials and constructed so that it will be capable of remaining erect for at least ten (10) years.

2.

The fencing shall be high enough to screen all junked cars and other junk from view. Stacking of junked cars or other junk material shall not protrude above or beyond such screening.

3.

The fence must be located on the right-of-way line of the street unless permission is obtained from the zoning department to locate it elsewhere.

4.

The fence must be neat in appearance and of uniform color and height. Signs are not acceptable as fencing material. Metal fencing shall be coated metal and/or pvdf (polyvinylidene fluoride) coated of uniform color and the top trimmed with a contrasting color. Bright and loud colors will not be acceptable.

5.

The fence shall be maintained by the owner and/or operator of the junkyard. Should the fence become damaged or destroyed, it must be repaired within thirty (30) days.

b.

Plantings:

1.

If plantings are to be used for screening, they must be large enough and placed close enough to screen the junked cars and other junk immediately after planting.

2.

All plants used must be of evergreen varieties.

3.

Plants must be located with the same stipulations as fences.

4.

In no cases will the planting of young plants or sparse plants with the purpose that in time the screening will be accomplished be acceptable.

5.

Should the plants become diseased, die or be damaged in any way so as to cause the junk not to be screened, they must be replaced within thirty (30) days.

c.

Natural objects:

1.

Woods, earth mounds, etc., may be utilized for screening if they are of a size such that the junk cannot be seen.

2.

Natural objects may be used in conjunction with plantings, fences or other appropriate objects, as determined by the zoning administrator, to screen junkyards.

(2)

Conditions with regard to screening.

a.

It shall be the responsibility of the owner and/or operator of the junkyard to see that the screening is erected and maintained.

b.

Prior to screening, plans showing the location of the proposed screen and a description of the materials to be used must be submitted to the zoning administrator for approval.

c.

In no cases may the street right-of-way be utilized for the storage of junk or junked vehicles. If the storage of junk or junked vehicles occurs in front of an erected screen, the yard shall be considered unscreened, and in violation of this chapter.

(Ord. No. 4807, as amended, § 5(M), 2-2-81; Ord. No. 6822, § 1(a), 2-5-24)

Nothing in this division shall be interpreted as authorization for approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date hereof. Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one (1) district to another district of a different classification or when boundaries or districts are changed as a result of annexation of new territory or changes in the regulations or restrictions of this chapter, the foregoing provisions shall also apply to any nonconforming uses existing therein which may so become nonconforming.

(Ord. No. 4807, as amended, § 5(N), 2-2-81)

Transfer of title of inadequate lot width or area, when the owner of record owns one (1) or more contiguous lots wherein such contiguous lots equal or exceed the requirements of the district in which the same are located, shall not be permitted.

(Ord. No. 4807, as amended, § 5(O), 2-2-81)