08.- ADMINISTRATION, CONSTRUCTION AND ENFORCEMENT
All uses and all locations and bulk permitted under the terms of this title shall be in conformity with all other provisions of law.
(Code 1992, § 17.08.010)
Except as hereinafter provided, no building, structure or land shall be used and no building or structure, or part thereof, shall be erected, constructed, reconstructed, repaired, moved or structurally altered, except in conformance with the regulations herein specified for the district in which it is located; nor shall a yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein.
(Code 1992, § 17.08.020)
Upon application or on its own initiative, the city council, upon favorable recommendation of the planning and zoning commission, may, by resolution, add to the uses listed for a zoning district any other similar use which conforms to the conditions set forth in the following special findings:
A.
Such use is not listed in any other use group;
B.
Such use is more appropriate in the use group to which it is added than in other use groups;
C.
Such use conforms to the basic characteristics of the use group to which it is added; and
D.
Such use does not create any more offensive noise, vibration, duct, smoke, odor, glare, or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses listed in the use group to which it is added.
(Code 1992, § 17.08.030)
When any use has been added to any use group in accordance with this title, such use shall be deemed to be permanently listed in the use group of the appropriate section and shall be added thereto in the published text of this title at first convenient opportunity.
(Code 1992, § 17.08.040)
Amendments to this title shall be in accordance with the laws of the state and all other applicable city ordinances and shall require the following action:
A.
Study and recommendation concerning the proposed amendment by the planning and zoning commission;
B.
Completion of a public hearing before the city council after at least 15 days' notice of the time and place of such hearing shall have been given by at least one publication in a newspaper of general circulation within the city.
(Code 1992, § 17.08.050)
Before submitting a report and recommendation on any proposed amendment to the zoning district map of the city, the planning and zoning commission shall hold a public hearing on the proposed amendment with the following special conditions required:
A.
The planning and zoning commission shall send a written notice of said hearing at least seven days prior to the hearing date to the property owners of most recent tax record within the area, requesting rezoning and to the owners of property adjacent to the areas proposed for rezoning. Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing or determination of the planning and zoning commission.
B.
The applicant shall be charged a fee to cover the cost of advertising and processing.
(Code 1992, § 17.08.060)
If 20 percent or more of the owners of the lots within the area proposed for change, or those adjacent to or directly opposite thereto for a distance of 140 feet therefrom, protest against the change, such amendment shall not become effective unless a favorable vote of three-fourths of the city council is given.
(Code 1992, § 17.08.070)
The provisions of this title shall be enforced by the following methods:
A.
Requirement of building permit;
B.
Requirement of a certificate of occupancy;
C.
Inspection and ordering removal of violations;
D.
Criminal liability;
E.
Injunction;
F.
Nuisance abatement.
(Code 1992, § 17.08.080)
No building or other structure of any kind shall be erected, moved or structurally altered, nor shall any accessory use be made of the property, unless a permit therefor has been issued by the city administrator or his authorized representative. All permits shall be issued in conformance with the provisions of this title and shall be valid for a period of time not exceeding one year from the date of issue.
(Code 1992, § 17.08.090; Charter Ord. No. 1-1989, § 3(part), 1989)
Except for farming and gardening, no land or building shall hereafter be changed in use, nor shall any new structure, building or land be occupied or used unless the owner first shall have obtained a certificate of occupancy from the city administrator or his designee; provided, the use shall be in conformance with the provisions of this title, a certificate of occupancy shall be issued within ten days of the time of notification that the building is completed and ready for occupancy. A copy of all certificates of occupancy shall be filed by the city administrator and shall be available for examination by any person with either proprietary or tenancy interest in the property or building.
(Code 1992, § 17.08.100; Charter Ord. No. 1-1989, § 3(part), 1989)
The city administrator and his authorized representative are hereby empowered to cause any building, other structure or tract of land to be inspected and examined, and to order in writing the remedying of any conditions found to exist therein or that are in violation of any provision of this title. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct or comply with such violation.
(Code 1992, § 17.08.110; Charter Ord. No. 1-1989, § 3(part), 1989)
"Spot zoning" is defined herein as the singling out of a particular property or small groups of properties for different treatment from that accorded to similar surrounding land which is contrary to the general pattern of zoning in the surrounding geographic area and accordance with the current comprehensive plan and zoning for that particular lot or area and which is designed solely for the economic benefit of the owner of the property receiving special treatment. Spot zoning shall be prohibited in all zoning districts.
(Ord. No. 11-2019, § 1, 9-3-2019)
A person shall be guilty of a misdemeanor in any case where:
A.
Any violation of any of the provisions of this title exists in any building or other structure, improvement, development, or tract of land;
B.
An order to remove any such violation or comply with the provision being violated has been served upon the owner, or agent of the owner, or upon the architect, builder, contractor, developer, annexer, subdivider, or any other person who commits or assists in any such violation; and
C.
Such person shall fail to comply with such order within ten days after the service thereof.
(Code 1992, § 17.08.120)
In addition to any of the foregoing remedies, the city may maintain an action for an injunction to restrain any violation of this title.
(Code 1992, § 17.08.130)
This title shall not be construed to hold the city responsible for any damages to persons or property by reason of the inspection or re-inspection authorized herein or failure to inspect or re-inspect or by reason of issuing a building permit or an occupancy permit as herein provided.
(Code 1992, § 17.08.140)
Any violation of the provisions of this title are declared to be a nuisance and subject to abatement in the manner provided in title 8.
(Code 1992, § 17.08.150)
Any person violating any provision of this title, upon conviction thereof, shall be punished in accordance with section 1.04.140.
(Code 1992, § 17.08.160)
08.- ADMINISTRATION, CONSTRUCTION AND ENFORCEMENT
All uses and all locations and bulk permitted under the terms of this title shall be in conformity with all other provisions of law.
(Code 1992, § 17.08.010)
Except as hereinafter provided, no building, structure or land shall be used and no building or structure, or part thereof, shall be erected, constructed, reconstructed, repaired, moved or structurally altered, except in conformance with the regulations herein specified for the district in which it is located; nor shall a yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein.
(Code 1992, § 17.08.020)
Upon application or on its own initiative, the city council, upon favorable recommendation of the planning and zoning commission, may, by resolution, add to the uses listed for a zoning district any other similar use which conforms to the conditions set forth in the following special findings:
A.
Such use is not listed in any other use group;
B.
Such use is more appropriate in the use group to which it is added than in other use groups;
C.
Such use conforms to the basic characteristics of the use group to which it is added; and
D.
Such use does not create any more offensive noise, vibration, duct, smoke, odor, glare, or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses listed in the use group to which it is added.
(Code 1992, § 17.08.030)
When any use has been added to any use group in accordance with this title, such use shall be deemed to be permanently listed in the use group of the appropriate section and shall be added thereto in the published text of this title at first convenient opportunity.
(Code 1992, § 17.08.040)
Amendments to this title shall be in accordance with the laws of the state and all other applicable city ordinances and shall require the following action:
A.
Study and recommendation concerning the proposed amendment by the planning and zoning commission;
B.
Completion of a public hearing before the city council after at least 15 days' notice of the time and place of such hearing shall have been given by at least one publication in a newspaper of general circulation within the city.
(Code 1992, § 17.08.050)
Before submitting a report and recommendation on any proposed amendment to the zoning district map of the city, the planning and zoning commission shall hold a public hearing on the proposed amendment with the following special conditions required:
A.
The planning and zoning commission shall send a written notice of said hearing at least seven days prior to the hearing date to the property owners of most recent tax record within the area, requesting rezoning and to the owners of property adjacent to the areas proposed for rezoning. Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing or determination of the planning and zoning commission.
B.
The applicant shall be charged a fee to cover the cost of advertising and processing.
(Code 1992, § 17.08.060)
If 20 percent or more of the owners of the lots within the area proposed for change, or those adjacent to or directly opposite thereto for a distance of 140 feet therefrom, protest against the change, such amendment shall not become effective unless a favorable vote of three-fourths of the city council is given.
(Code 1992, § 17.08.070)
The provisions of this title shall be enforced by the following methods:
A.
Requirement of building permit;
B.
Requirement of a certificate of occupancy;
C.
Inspection and ordering removal of violations;
D.
Criminal liability;
E.
Injunction;
F.
Nuisance abatement.
(Code 1992, § 17.08.080)
No building or other structure of any kind shall be erected, moved or structurally altered, nor shall any accessory use be made of the property, unless a permit therefor has been issued by the city administrator or his authorized representative. All permits shall be issued in conformance with the provisions of this title and shall be valid for a period of time not exceeding one year from the date of issue.
(Code 1992, § 17.08.090; Charter Ord. No. 1-1989, § 3(part), 1989)
Except for farming and gardening, no land or building shall hereafter be changed in use, nor shall any new structure, building or land be occupied or used unless the owner first shall have obtained a certificate of occupancy from the city administrator or his designee; provided, the use shall be in conformance with the provisions of this title, a certificate of occupancy shall be issued within ten days of the time of notification that the building is completed and ready for occupancy. A copy of all certificates of occupancy shall be filed by the city administrator and shall be available for examination by any person with either proprietary or tenancy interest in the property or building.
(Code 1992, § 17.08.100; Charter Ord. No. 1-1989, § 3(part), 1989)
The city administrator and his authorized representative are hereby empowered to cause any building, other structure or tract of land to be inspected and examined, and to order in writing the remedying of any conditions found to exist therein or that are in violation of any provision of this title. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct or comply with such violation.
(Code 1992, § 17.08.110; Charter Ord. No. 1-1989, § 3(part), 1989)
"Spot zoning" is defined herein as the singling out of a particular property or small groups of properties for different treatment from that accorded to similar surrounding land which is contrary to the general pattern of zoning in the surrounding geographic area and accordance with the current comprehensive plan and zoning for that particular lot or area and which is designed solely for the economic benefit of the owner of the property receiving special treatment. Spot zoning shall be prohibited in all zoning districts.
(Ord. No. 11-2019, § 1, 9-3-2019)
A person shall be guilty of a misdemeanor in any case where:
A.
Any violation of any of the provisions of this title exists in any building or other structure, improvement, development, or tract of land;
B.
An order to remove any such violation or comply with the provision being violated has been served upon the owner, or agent of the owner, or upon the architect, builder, contractor, developer, annexer, subdivider, or any other person who commits or assists in any such violation; and
C.
Such person shall fail to comply with such order within ten days after the service thereof.
(Code 1992, § 17.08.120)
In addition to any of the foregoing remedies, the city may maintain an action for an injunction to restrain any violation of this title.
(Code 1992, § 17.08.130)
This title shall not be construed to hold the city responsible for any damages to persons or property by reason of the inspection or re-inspection authorized herein or failure to inspect or re-inspect or by reason of issuing a building permit or an occupancy permit as herein provided.
(Code 1992, § 17.08.140)
Any violation of the provisions of this title are declared to be a nuisance and subject to abatement in the manner provided in title 8.
(Code 1992, § 17.08.150)
Any person violating any provision of this title, upon conviction thereof, shall be punished in accordance with section 1.04.140.
(Code 1992, § 17.08.160)