The city shall appoint a Building Inspector, whose duty it shall be to enforce the provisions of this chapter. Appeal from the decision of the Building Inspector may be made to the Board of Appeals as provided in this chapter.

(1994 Code, § 155.180) (Ord. 200, passed 4-28-1969)

   (A)   No non-agricultural building or structure shall be erected, added to or structurally altered until a permit has been issued by the Building Inspector. Except upon a written order of the Board of Appeals no building permit shall be issued for any building where the construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter. No agriculture building or structure exceeding $500 in cost shall be erected, added to or structurally altered until a permit has been issued by the Building Inspector without charge. The permit shall be issued upon compliance by the applicant with the building setback line.

   (B)   There shall be submitted with all applications for building permits of non-agricultural buildings or structures two copies of a layout or plat plan drawn to scale showing actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and other information as may be necessary to determine and provide for the enforcement of this chapter.

   (C)   One copy of the layout or plot plan shall be returned when approved by the Building Inspector together with the permit to the applicant.

(1994 Code, § 155.181) (Ord. 200, passed 4-28-1969)

   (A)   Subsequent to the effective date of this chapter, no change in the use or occupancy of land, nor any change of use or occupancy in an existing non-agricultural building, shall be made, nor shall any new non-agricultural building be occupied for any purpose, until a certificate of occupancy has been issued by the Building Inspector. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this chapter.

   (B)   No permit for excavation for, or the erection, construction or alteration of any non-agricultural building shall be issued before the application has been made and approved for a certificate of occupancy, but no occupancy permit shall be issued until the erection, construction or alteration has been completed, inspected and approved by the Building Inspector and no non-agricultural building or structure shall be occupied until that certificate and permit is issued.

   (C)   A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the land or in a building effected by the certificate of occupancy.

   (D)   A certificate of occupancy shall be required for all non-conforming uses of non-agricultural land or buildings existing after the passage of this chapter, or any amendment thereto. Application for the certificate of occupancy for non-conforming uses shall be filed with the Building Inspector by the owner or occupant of the land or building occupied by the non-conforming use within one year from the effective date of this chapter, or amendment thereto. It shall be the duty of the Building Inspector to issue a certificate of occupancy for non-conforming use.

   (E)   No non-conforming use shall be renewed, or changed, without a certificate of occupancy having first been issued by the Building Inspector.

(1994 Code, § 155.182) (Ord. 200, passed 4-28-1969)

   (A)   The city may, from time to time, on its own petition or on the petition of any person, amend, supplement, change, modify or repeal by ordinance, the boundaries of districts or regulations, or restrictions established. The petition for the proposed amendment, supplement, change, modification or repeal shall be in writing and be filed with the Board of Appeals. The petition shall set forth with brevity and clarity all the facts and circumstances involved, the specific change or changes sought, the reasons the same are sought and the particular and specific result to be accomplished thereby and, in the case of change in district boundaries, shall be accompanied by an accurate map or plat of the area sought to be affected thereby.

   (B)   As soon as convenient the Board of Appeals shall cause a public hearing to be held in relation thereto, after giving not more than 30, nor less than 15, days’ notice of the time and place of the hearing and publishing the notice in a newspaper having a general circulation in the city. The notice shall state the time and place of the hearing and a brief statement of the proposed amendment.

   (C)   (1)   Notice of any petition requesting any relief pursuant to this subchapter shall be served upon all owners of record, other than those who have signed the petition requesting the proposed change, of all property which is the subject of the petition and to all owners of record of property adjacent to the premises to which the appeal pertains. The notice shall state briefly the names of the petitioners, a description of the property affected by the proposed change, a brief but clear statement of the proposed change and the time and place of the hearing on the proposed change before the Board of Appeals. Notice may be served in person or by certified mail, return receipt requested, to the last known address of any owner, or if the address cannot be reasonably ascertained, to the person in possession thereof. Notice mailed to the address as appears on the authentic tax books of the county will be sufficient if no one is in possession of the land.

      (2)   The notice shall be served not more than 30 days, nor less than 15 days, prior to the date set for the hearing on the proposed change. No change in the district boundaries shall be effective unless notice as herein prescribed in given.

   (D)   If a protest against the proposed amendment, supplement, change, modification or appeal is presented in writing to the City Clerk signed and acknowledged by the owners of 20% of the frontage proposed to be altered or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, the amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds of all the members of the City Council.

   (E)   Within 30 days following the hearing the Board of Appeals shall file a report of the hearing and its recommendations with the City Council. The City Council shall accept or reject the proposed amendment and recommendation of the Board of Appeals at its next regular meeting after receipt of the same, provided that the terms of division (F) below are fully satisfied.

   (F)   The party or parties proposing or recommending a change in the district regulations or district boundaries shall pay at the time of filing a refundable deposit of $1,250 toward the costs of the proceedings. The refundable deposit shall be paid to the City Clerk, who shall give a receipt therefor; and a copy of the receipt shall be presented to the Board at the convened hearing, as evidence that the deposit has been paid. Said refundable deposit shall be applied to the costs of the proceedings, including but not limited to, certified mailing, publication of notice, court reporter fees and other professional fees incurred by the city. Should the total costs of said proceedings be less than the deposit, a refund of any overpayment will be made to the filing party; however, should the costs of said proceedings exceed the deposit paid, the filing party shall pay any and all additional costs to the city upon demand. The outcome of the proceedings shall in no way effect the obligation of the filing party to fully satisfy the costs of the proceedings.

(1994 Code, § 155.183) (Ord. 200, passed 4-28-1969; Ord. 16-04, passed 4-25-2016)

   (A)   (1)   In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of public health morals, safety or the general welfare.

      (2)   Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

   (B)   MORE RESTRICTIVE USES, as employed in this chapter, means the restrictions on uses of buildings and lands in the districts herein established. The R-1 Residential District establishes the most restrictive uses. All other districts establish less restrictive uses. The order of restrictiveness, beginning with the most restrictive after the R-1 Residential District, is as follows: R-2; R-3; A-1; R-4; B-1; B-2; I-1.

   (C)   The provisions of this chapter shall be supplemental to and in addition to any covenants, restrictions or agreements relating to lands or buildings within the city.

(1994 Code, § 155.184) (Ord. 200, passed 4-28-1969)

   (A)   (1)   The owner or agent of a building, structure or land in or upon which a violation of this chapter has been committed or shall exist; or the lessee or tenant of an entire building, entire structure or entire land in or upon which a violation of this chapter has been committed or shall exist, or the agent, architect, building contractor or any other person, firm or corporation who commits, takes part or assists in any violation of this chapter, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter, or who maintains any building, structure or land in or upon which a violation of this chapter shall exist, shall, upon conviction, be fined as set forth in division (B) below.

      (2)   In case any building or structure is constructed, reconstructed, altered, repaired, converted or maintained, or any building or structure, or land is used in violation of this chapter, the city’s Attorney, for and on behalf of the city, or any owner, or tenant of real property in the same contiguous zoning district as the building or structure in question, in addition to other remedies, may institute any proper action or proceedings to prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use, to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises, or to restrain, correct or abate the violation.

(1994 Code, § 155.998)

   (B)   (1)   Any person, firm or corporation who violates any provisions of this chapter, for which another penalty is not already herein provided shall, upon conviction, be fined not less than $10, nor more than $100, for each offense; but if the offense be willful, on conviction thereof, the punishment shall be a fined of not less than $100, nor more than $200, for each offense. A separate offense shall be deemed committed on each day that the violation occurs or continues.

      (2)   Any person who is convicted of a violation of §§ 155.165 through 155.174 of this chapter, shall be fined not less than $50, nor more than $750, plus costs. Each day that the violation continues shall be considered a separate offense. Nothing contained in this division (B) shall prevent the city from taking any other lawful action that may be necessary to secure compliance with §§ 155.165 through 155.174 of this chapter.

(1994 Code, § 155.999)

(Ord. 200, passed 4-28-1969; Ord. 429, passed 1-11-1993)