The lawful use of a building existing on the effective date of the ordinance codified in this chapter, or authorized by a building permit issued prior thereto, may be continued, although such use does not conform with the provisions of the ordinance codified in this chapter, and such use may be extended throughout the building, provided that any use of a building or property existing on the effective date of the ordinance codified in this chapter which use was unlawful and not authorized by the terms of the Zoning Ordinance No. 155 passed December 5, 1938, and as amended which ordinance has been in effect until the effective date of the ordinance codified in this chapter, shall not be subject to the above exception.

Wherever a nonconforming use of a building has been discontinued for more than 180 days, or changed to a conforming use, such use shall not thereafter return to a nonconforming use.

Any nonconforming use or building in existence as of the date of this chapter may be kept in proper repair, but, no modifications or structural changes shall be permitted except with the approval of the planning commission.

Administrative Officer. This title shall be enforced by the building official. The building official shall have authority to grant building permits and certificates of occupancy, to make inspections and to make all decisions necessary to a proper carrying out of the provisions of this title. No oversight or dereliction on the part of the building official or his or her authorized assistants or on the part of any official or employee of the city shall legalize, authorize or excuse the violation of any of the provisions of this chapter.

Requirements for Building Permits.

Must Build to Proper Grade. Before beginning any building construction, the applicant shall ascertain, the proper grade for such lot; and the finished grade or surface level shall comply therewith, unless such applicant shall set forth, in his or her application for building permit, the grade desired, and received, through the building official, the approval of the city council, therefor.

Certificate of Occupancy. No land shall be used or occupied, except for farming, gardening or recreational purpose, and no building hereafter erected, structurally altered or moved, shall be used or changed in use until a certificate of occupancy shall have been issued by the building official stating that the building or the proposed use thereof complies with the provisions of this title. A like certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident with the application for a building permit and shall be issued within 10 days after the erection, structural alteration or moving of such building, or part thereof, shall have been completed in conformity with the provisions of this title. A record of all certificates shall be kept on file in the office of the building official and copies shall be furnished on request, to any persons having a proprietary or tenancy interest in the building affected.

Interpretation—Purpose. In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of health, safety, morals, comfort, convenience or the general welfare. It is not intended that this title shall abrogate, annul, or in any way impair or interfere with any existing provision of law or title or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or land; provided, that where this title imposes a greater restriction upon the use of buildings or land or upon the height of buildings, or requires larger lots or yards than are imposed or required by such existing provisions of law or ordinance or by such rules or regulations, this title shall control.

Completion of Structures and Pending Applications. Nothing contained in this title shall require any change in the plans, construction, or intended use of a building for which a building permit has been issued before the effective date of the ordinance codified in this chapter, and the construction of which shall have been diligently prosecuted within six months of the date of such permit, and the ground story frame work of which, including the second tier of beams, shall have been completed within six months, and which entire building shall be completed, according to such plans as filed, within two years from the effective date of the ordinance codified in this chapter.

Generally. The board of adjustment is established. The word "board" as used in this chapter shall be construed to mean board of adjustment. The board shall consist of five members of the planning commission who are appointed to serve as a board of adjustment. At such times as a board of adjustment is needed as provided by these ordinances, the chairperson of the planning commission shall appoint five members of the planning commission to act as the board of adjustment. Once a board has concluded the business brought before it the board shall dissolve until such time as another board is needed. The chairperson of such board shall be chosen by the members of the planning commission to serve as a board of adjustment. The board may adopt such reasonable rules as it may deem necessary to carry out the provisions of this or any applicable ordinance.

Meetings. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Meetings of the board shall be open to the public and the board shall keep minutes of the meetings which shall be filed in the office of the city clerk and shall be open to the inspection of the public.

Appeals. Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the building official. Such appeal shall be taken within a reasonable time not to exceed 10 days as provided by the rules of the board, by filing with the building official and with the board a notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. Appeals of the board's decision may be taken to the mayor and city council. Such appeal shall be taken within a reasonable time not to exceed 10 days by filing with the city clerk a notice of appeal specifying the grounds for the appeal.

Effect of Appeal. An appeal stays all proceedings and furtherance of the action appealed from unless the building official certifies to the board after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, granted by the district court or a judge thereof, on notice to the building official and on due cause shown.

Hearing of Appeal. The board or city council shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agents or by attorney.

Fee for Appeal. There shall be no fee required for an appeal.

Jurisdiction. The board shall have the following powers:

Requirements for Change. Whenever the public necessity, safety, general welfare or good zoning practice justifies such action, and after consideration and recommendation by the city planning commission as provided in this section, the city council may by ordinance at any time amend zone districts boundaries, supplement or change the regulations for districts in this title or subsequently established; provided, however, that a public hearing before the planning commission shall first be held relative thereto, after one publication of notice of the time, place and the purpose of such hearing, in an official newspaper, at least 15 days prior to such hearing.

Initiation of Change. A proposed change of zone district boundaries or regulations may be initiated by the city council, city planning commission or by application of one or more of the owners of property within the area requested to be changed.

Filing and Processing Procedures. All requests for changes in zoning map shall be processed as follows:

Hearing and Recommendation. The planning commission after public hearing may recommend approval or disapproval of a requested change, either in whole or in part. Recommendations for changes shall be presented to the city council and an ordinance embodying such changes in whole or in part may be adopted by the city council. In the event of adoption by the city council of such changes in part, if such partial adoption has not been recommended as such by the planning commission, a majority vote of the city council shall be necessary.

Overriding Vote. In case however of a protest against such change, signed by the owners of 20% or more, either of the area of the lot included in such proposed change, or of the property within 140 feet thereof (including property within 140 feet on the opposite side of any alley or street adjacent thereof, and, in the case of corner property, within 60 feet of the property lines of the opposite street corner), such amendment shall not become effective except by the affirmative vote of five members of the city council.

Mandatory Review. During the first 30 days following the one-year anniversary of the effective date of an ordinance changing the zoning map by rezoning a residential area to a business or commercial use, the planning commission shall review the proposed development of the subject area to determine whether such development is being undertaken according to the study as required by subsection (C)(3) of this section. If such development is not underway in keeping with such proposals, the planning commission may initiate action to rezone the subject area back to such classification as it was prior to the change in zoning.