It shall be the duty of the Building Official to enforce the Zoning Code.

(1992 Code, § 155.200) (Ord. passed 5- -1969)

   (A)   Subsequent to the effective date of the Zoning Code, no change in the use of land, nor any change of use in an existing building shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy has been issued by the administrative official charged with the enforcement of the Zoning Code, stating that the building and use comply with the provisions of the Zoning Code.

   (B)   Certificates of occupancy shall be applied for coincidentally with the application for a building permit, and shall be issued after all 5 sections of the record of inspection have been successfully met. No permit for excavation for or the erection or alteration of any building shall be issued before application has been made for a certificate of occupancy. No building or premises shall be occupied until a certificate has been issued.

   (C)   A record of a certificate of occupancy shall be kept on file in the office of the administrative official charged with the enforcement of the Zoning Code, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or in a building affected by the certificate of occupancy.

(1992 Code, § 155.201) (Ord. passed 5- -1969; Am. Ord. 051401E, passed 5-14-2001) Penalty, see § 155.999

   Each application for a building permit shall be accompanied by a plat in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size and location of the building or buildings to be erected or altered and the other information as may be necessary to provide for the enforcement of the Zoning Code. A careful record of the applications and plats shall be kept in the Office of the Commissioner of Public Works.

(1992 Code, § 155.202) (Ord. passed 5- -1969)

   In the event the Plan Commission fails or refuses to recommend, or recommends against the reclassification of any tract of real estate in the city, the recommendation or lack of recommendation shall be reported to the City Council, and unless the petitioner or proponents of the zoning reclassification obtain an adopted ordinance for the rezoning classification by the first or second City Council meeting subsequent to the Plan Commission meeting at which the recommendation or non-recommendation occurred, the City Council cannot thereafter adopt an ordinance for the zoning reclassification in reference to the tract of real estate in the city, unless and until the proposal is subsequently again first presented to the Plan Commission at a future meeting of the Commission, pursuant to a future notice by publication, prior to Commission hearing and to consider any proposal for reclassification of zoning.

(1992 Code, § 155.203) (Ord. passed 5- -1969)

   (A)   The regulations imposed and the districts created under the Zoning Code may be amended by ordinance, but no amendments shall be made without a hearing before the Plan Commission created pursuant to ordinance.

   (B)   At least 15 days notice of the time and place of the hearing shall be published in a paper of general circulation in the city, the notice to contain the particular location for which the amendment is requested as well as a brief statement describing the proposed amendment. In case of written protest against the proposed amendment signed and acknowledged by the owners of 20% of the frontage proposed to be altered or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered as to the regulations or district, filed with the City Clerk, the amendment shall not be passed except by the favorable vote of two-thirds of all of the members of the City Council.

   (C)   The City Council shall, at its discretion and direction, require that any Zoning Code amendment, approved after hearing before the Plan Commission which impacts adjoining property owners, either at the current time or at any foreseeable time in the future, shall be filed with the Douglas County Recorder of Deeds' office upon a form prescribed therefor which shall contain or be accompanied by all required information for said change or amendment. Any fee incurred in association with such filing shall be the responsibility of applicant(s) of said variance.

(1992 Code, § 155.204) (Ord. passed 5- -1969; Ord. passed 5- -1969; Am. Ord. 2007-MC03, passed 1-22-2007)

   Fees for certificates of occupancy, appeals to the Board of Appeals and petitions for amendments shall be as established by action of the City Council from time to time. The fees shall be paid to the Commissioner of Public Works who shall give a receipt therefor and account for same at regular intervals to the City Council.

(1992 Code, § 155.205) (Ord. passed 5- -1969)