The provisions of this subchapter to the extent permitted by law, shall apply to all public bodies, districts and agencies, federal, state, county and municipal, (other than the city), provided, however, that variance permits and amendments to such governmental units may be applied for and granted without payment of the application fee.

(`67 Code, § 10-17-1)

   When interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except as specifically herein provided, it is not intended by the adoption of this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law, ordinance or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any building or improvements; nor is it intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties, provided, however, that in cases in which this code imposes a greater restriction upon the erection, construction, establishment, moving, alteration or enlargement of building or the use of any such building or premises in the several districts or any of them, than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such easements, covenants or agreements, then in such cases the provisions of this chapter shall control.

(`67 Code, § 10-17-2)

   The Planning Commission after a public hearing held in the manner prescribed in this subchapter governing variances and conditional use permits, may revoke or modify any permit or variance issued on any one or more of the following grounds:

   (A)   That the approval was obtained by fraud.

   (B)   That the use for which such approval was granted is not being exercised.

   (C)   That the use for which such approval was granted has ceased to exist or has been suspended for one year or more.

   (D)   That the permit or variance granted is being, or has been exercised contrary to the terms or conditions of any statute, ordinance, law or regulation.

   (E)   That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

   (F)   That the continued exercise of the use for which approval was granted appears to be inimicable to the public welfare.

(`67 Code, § 10-17-3)

   All departments, official and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this chapter and any permit or license issued in conflict shall be null and void. It shall be the duty of the Building Inspector of the city to enforce the provisions pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.

(`67 Code, § 10-17-4)

   Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this code, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this code shall be and the same is hereby declared to be unlawful and a public nuisance, and the Attorney shall upon order of the Council, immediately commence action or proceedings for the abatement and removal and enjoyment thereof in the manner provided by law and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such building.

(`67 Code, § 10-17-5)

   Fees for the processing of various applications under this chapter may be set from time to time by resolution of the Council.

(`67 Code, § 10-17-6)

   Any applicant or other person which is dissatisfied with a decision resulting from the application, interpretation or enforcement of the provisions of this chapter may appeal that decision provided that the appeal is in writing and clearly sets forth the reasons why the appeal ought to be granted:

   (A)   Interpretations of this chapter by staff can be appealed to the Planning Commission.

   (B)   Decisions of the Planning Commission may be appealed to the City Council.

(`67 Code, § 10-17-7) (Ord. 82-7, passed 9-27-82)