(a)

Generally. For any violation of the provisions of this chapter, the owner, general agent, lessee or contractor of the building or premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee or tenant or any part of a building or premises in which a part of such violation has been committed or shall exist, and any other person who knowingly commits, takes part in, aids or assists in such violation, or who maintains any building or premises in which any such violation shall exist, for each and every violation and for each and every day that such violation continues shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $250.00 or more than $1,000.00 for the first offense, not less than $1,000.00 or more than $2,500.00 for the second offense, and not less than $1,000.00 or more than $5,000.00 for the third and subsequent offenses, or imprisoned for a period not exceeding one year for each offense, or both.

(b)

Jurisdiction of offenses. Prosecutions shall be before a court of proper jurisdiction.

(c)

Additional remedies. The city solicitor, or any property owner or other person who would be specifically damaged by such violation may, in addition to all other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action, or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

(Code 1968, § 48-67; Ord. No. 03-075(sub 1), § 15, 12-4-03)

(a)

Established, etc. The office of zoning administration is hereby established as a division within the office of the department of licenses and inspections. Such office is to be headed by a zoning administrator.

(b)

Administrative interpretations of chapter. The zoning administrator shall, in general, be responsible for administratively interpreting this chapter, and any appeals from his decisions shall be made directly to the zoning board of adjustment.

(c)

Duties and responsibilities. The zoning administrator shall also have the following specific duties and responsibilities:

(1)

Review applications for building permits and for certificates of occupancy and supervise inspection of premises, buildings and other structures to determine if existing or proposed structures and uses comply with the provisions of this chapter.

(2)

Supervise the registration of nonconforming uses as provided in section 48-38(d) and be responsible for maintaining the record of such uses and inspect periodically all such nonconforming uses with a view to eliminating such uses under existing laws and regulations.

(3)

Supervise the issuance of certificates of zoning as provided in section 48-35.

(4)

Be the custodian of the zoning ordinance and zoning map and responsible for keeping them up to date to include any amendments thereto.

(5)

Establish and maintain a zoning information office for use by the public on all matters relating to the zoning ordinance and zoning map.

(6)

Upon request by the city planning commission or the zoning board of adjustment, present to such body facts and administrative interpretations and, on specific request, recommendations to assist such body in reaching its decision.

(7)

Upon the basis of experience in the administration of this chapter or upon observance of defects therein, the zoning administrator may propose changes in this chapter and the zoning map.

(8)

Administratively grant a dimensional variance for existing conditions that do not exceed one foot of the required dimension restrictions, without necessitating consideration by the zoning board of adjustment, subject to the following conditions:

(i)

Applicants must provide a plan or survey of the area detailing the variance requested; and

(ii)

Applicants must pay a $50.00 administrative fee.

(Code 1968, § 48-65; Ord. No. 10-074, § 1, 2-3-11)

Cross reference— Department and agencies created by ordinance, § 2-31 et seq.

(a)

This chapter shall be enforced by the department of licenses and inspections of the city.

(b)

No building permit or certificate of occupancy shall be granted by such department for any purpose except in compliance with the provisions of this chapter, or a decision of the zoning board of adjustment or the courts.

(Code 1968, § 48-66)

(a)

All fees for building permits and certificates of occupancy shall be as prescribed in section 114 of the building code of the city.

(b)

The fees for filing and processing a petition for rezoning shall be as follows:

(1)

For rezoning to a single-family residential classification (R-1, R-2, R-3), $150.00.

(2)

For rezoning to any other classification, $250.00 plus $20.00 per acre for any area in excess of five acres.

(Code 1968, § 48-70)

(a)

When required. Any person who sells or conveys any property in the city shall include in and as a part of the agreement or instrument of sale or conveyance a certificate of zoning as required.

(b)

Contents. The certificate of zoning shall be in two parts, as follows:

(1)

A certification from the zoning administrator which shows the existing zoning classification of the property being sold or conveyed and states whether the present use of the property is in compliance with or in violation of the provisions of this chapter; and

(2)

A warranty from the seller or conveyor that the property being sold or conveyed is being used in compliance with the provisions of this chapter at the time of and immediately prior to the sale or conveyance.

(c)

Fee; issuance. The certification of classification and use from the zoning administrator shall be furnished to the seller or conveyor upon request, at a fee of $25.00 for each certification. In issuing a certification, the zoning administrator initially shall consider only the use being made of the property, and state whether that use is in compliance with or in violation of the existing zoning classification, without considering whether the use is a legal nonconforming use. A seller or conveyor who claims that his use is a legal nonconforming use may present to the zoning administrator, by way of affidavit or otherwise, evidence bearing on that claim; the zoning administrator shall consider such evidence and may in his discretion change his certification to fit what he deems to be the facts in the particular case.

(d)

Construction of section. A certification of classification and use by the zoning administrator does not impute and shall not be construed as imposing any obligation or responsibility upon the city. A seller or conveyor who violates or fails to conform to any requirement of this section shall be subject to the penalties provided in section 48-31. A seller or conveyor who violates or fails to conform to any requirement of this section, even if with the consent of the purchaser or transferee, thereby shall be conclusively presumed to have given his warranty as required in this section, that the property being sold or conveyed is being used in compliance with the provisions of this chapter at the time of and immediately prior to the sale or conveyance.

(e)

Definitions; applicability of section. The word "person" in this section includes any natural person, any member of a partnership or association, and any officer or employee of a corporation. The word "property" means and applies only to real property. Nothing in this section applies to or affects in any manner a sale or conveyance of a property which:

(1)

Is being used as either a one-family dwelling or a two-family dwelling; or

(2)

Belongs to and is being used for the immediate purposes of a bona fide and regularly operating church or religious organization.

(Code 1968, § 48-71; Ord. No. 93-055, § 1, 11-4-93)

(a)

Plans and specifications required with application. All applications for building permits shall be accompanied by plans and specifications in duplicate, the plans being drawn to a scale of not less than one-eighth inch per foot, showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of every building and accessory building, whether existing or proposed, the existing and intended use of each building or part of a building, the number of dwelling units any residential building is designed to accommodate, and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. One set of such plans shall be returned by the building inspector to the applicant at the time of granting a permit.

(b)

Changes in plans, etc. The provisions of this chapter shall not require any change in plans and construction or designated use of any building for which a permit shall have been issued prior to the date of adoption of the ordinance from which this chapter derives in accordance with the building code of the city and all other building ordinances of the city, or for which plans shall have been filed with the building inspector in connection with an application for such a permit; provided, in either case, that:

(1)

Construction be diligently prosecuted on such building within three months after March 8, 1962;

(2)

The ground-story framework and second tier of beams be erected within six months thereafter; and

(3)

The building be completed in its entirety within one year thereafter.

Unless these requirements are complied with, any further construction shall be in conformity with this chapter.

(c)

Changes in zoning classification. No building permit shall be issued for the use of land or a building or structure thereon with respect to which an ordinance to change its zoning classification or to change a use permitted under its existing zoning classification has been introduced in city council until official adoption or rejection of the ordinance or until the expiration of 90 days from the date on which such ordinance was introduced in city council, whichever first occurs, unless, at the same meeting of city council as that at which such ordinance is introduced, the council approves by a majority of all of the members elected thereto a separate resolution disapproving and denying the applicability of such prohibition of issuance of building permits to lands, buildings, structures, and uses as may be subject to such ordinance for such period of time, otherwise, absent approval of such resolution, building permits shall not be issued while such ordinance is pending or until the expiration of such 90 days. This section shall not prohibit issuance of a building permit in connection with a use or proposed use permitted under the existing classification and not prohibited under the proposed zoning classification as set forth in such ordinance or under the permitted uses for such existing classification as set forth in such ordinance. Such 90-day period may be extended not more than once for an additional 90 days, provided that such extension of time receives the concurring approval by resolution of city council by a two-thirds vote within the initial 90-day period of time, and provided that no property shall be subject to any moratorium resulting from one or more ordinances for more than 180 consecutive days.

The provisions of this subsection shall not prohibit the issuance of a building permit for a use, building or structure for which a valid building permit is in effect at the time of the introduction of the ordinance referred to in this subsection.

(d)

Review of applications for demolition permits prior to issuance. Every application for issuance of a demolition permit for any building or structure within the city shall be referred by the department of licenses and inspections to the planning department for its review and comment. The only exceptions to this requirement shall be bona fide emergency demolitions as defined at section 4-27, subsection 115.1.5(b) of this Code, done in accordance with the applicable provisions of the city's building code and using non-federal funds, or city general funds. Any emergency demolitions in identified historic areas using federal funds (CDBG, etc) must still follow the stipulations of the Memorandum of Agreement executed between the State Historic Preservation Officer, and the federal Advisory Council on Historic Preservation.

(1)

All requests for demolition permits shall be reviewed by the department of planning and development for compliance with urban renewal plans and city historic district zoning status prior to any such permit being issued by the department of licenses and inspection.

(2)

Initial evaluation shall be performed by the appropriate personnel within the department of planning and development within three regular working days of its referral from the department of licenses and inspection to determine if the building or structure proposed to be demolished is classified within the categories listed below at paragraph (4). If it is not so classified, the permit application will be sent back to the department of licenses and inspections with written clearance for a permit to be issued and no further review shall be required.

(3)

Appropriate personnel for purposes of each such review shall be one of the following:

a.

The planner designated as the design review and preservation commission coordinator;

b.

The city's historic preservation planner;

c.

Any other personnel meeting 36 CFR 61 "The Secretary of the Interior's Historic Preservation Professional Qualification Standards"; or

d.

The director of the department of planning and development may render a review based on the written formal recommendation of 36 CFR 61 qualified staff.

(4)

Buildings or structures which are classified in any of the following categories shall be subject to further review by the department of planning and development and/or the city design review and preservation commission:

a.

Buildings or structures within an existing National Register of Historic Places district.

b.

Buildings or structures within an existing city historic district.

c.

Buildings or structures individually listed on the National Register of Historic Places.

d.

Buildings or structures within an existing urban renewal area.

e.

Buildings or structures individually identified or located within an area or district identified as potentially eligible for the National Register of Historic Places (those which meet the criteria established by the Department of the Interior at 36 CFR 60.4 "Criteria for Evaluation") as listed on maps already compiled prior to enactment of this section by the department of planning and development and approved by the State Historic Preservation Officer. Such maps may be updated periodically as required by the State Historic Preservation Officer.

f.

Buildings or structures within an existing neighborhood conservation district.

(5)

"Further review" will be conducted by the department of planning personnel using professionally accepted standards of evaluation, and will be classified in two major categories.

a.

The first, minimal review, will be required if a property has little architectural or cultural significance and if its demolition will have minimal impact on the architecture of an area. It will consist of at least a copy of an application for a demolition permit as supplied by the department of licenses and inspections, photographic documentation and any documentary research deemed necessary by the department of planning and provided by the applicant, and a site visit by the department of planning staff person.

b.

The second, full review, will consist of the above, and will also require documentary evidence from the individual requesting the permit that other alternatives have been considered for the building or structure. Such documentary evidence shall consist of (but not be limited to) evidence of attempts to sell the building or structure, financial spreadsheets documenting the economic non-viability of maintaining the building or structure, as well as fully developed architectural and site plans for the reuse of the site, and provisions for recordation of the site as provided in the definition of "Recordation" set forth in section 48-396 of this Code. Such plans must include a time line for execution, with a start date of no later than nine months from the date of the issuance of the demolition permit by the city. This category will include full review by the city design review and preservation commission as set forth at sections 48-416 and 48-417 of this Code.

c.

If sufficient evidence as required above is not produced by the applicant, the design review and preservation commission may recommend withholding of permission for demolition for a period of up to 180 days. At or before the end of that period, the applicant must produce sufficient evidence of efforts to reuse the property or the full set of information specified above. If the documentary material produced is not satisfactory to answer the commission's questions, the commission may call for one extension of another 180 days. At the end of that extension, the commission shall evaluate the project and render a decision which shall be sent to the commissioner of licenses and inspection who shall consider the recommendation. The commissioner of licenses and inspection shall have not more than 15 working days from receipt of the commission's decision within which to direct the building code official to issue or not to issue the demolition permit.

d.

Any delay in issuance of a demolition permit will be based upon the level of review deemed necessary; specifically:

1.

Minimal review will be completed within ten working days of the receipt by the department of planning of the material required by section 48-36(d)(5)a of this Code.

2.

Full review will fall into the next regular meeting schedule of the city design review and preservation commission with deadline for submission of documentary evidence being two weeks before the scheduled commission meeting. The commission may be allowed to table or continue the case until such time as the complete set of documentary evidence is presented by the applicant as specified above.

e.

If the planning department determines that insufficient evidence has been received to make a well-informed decision regarding the level of review needed, the department may request additional information from the applicant. The time that passes from the date of that request for additional information until the date that the applicant provides such information shall not be counted in the time frames for review.

f.

Buildings or structures determined at the initial evaluation as not requiring "further review" shall be cleared by the department of planning and development for issuance of a demolition permit within three regular working days of the receipt of an application for a demolition permit by the department of planning.

g.

Penalties.

1.

Any individual or legal entity proceeding with a demolition without following the procedures set out in this section for obtaining a demolition permit shall be liable for a fine in an amount that is equal to not less than ten percent of the county assessed valuation of the property.

2.

Additionally, such individual or entity shall be automatically denied a building permit for the subject parcel for a period of not less than six months from the date of the unlawful demolition.

(Code 1968, § 48-68; Ord. No. 98-070(sub 1), § 1, 9-30-98; Ord. No. 04-032(sub 1), § 1, 6-17-04; Ord. No. 07-029, § 1, 8-30-07; Ord. No. 09-048, § 2, 9-17-09)

(a)

Required. It shall be unlawful to use or permit the use of any building, structure or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged, wholly or partly, in its use or structure, except for minor alterations involving no change in the floor area or use, until a certificate of occupancy shall have been issued therefor by the building inspector. Such certificate shall show that such building, structure or premises, or part thereof, and the proposed use thereof are in conformity with the provisions of this chapter or an order of the zoning board of adjustment.

(b)

Issuance—Generally. It shall be the duty of the building inspector to issue such certificate within ten days after application has been made therefor; provided, that he shall find that the applicant was entitled to such certificate at the time of making application.

(c)

Same—Existing premises. Upon written request from any owner who may desire it for the purpose of attesting the kind of details of occupancy of his property as of March 8, 1962, or for any other purpose, the building inspector shall issue a certificate of occupancy for any building or premises existing at the time of the passage of the ordinance from which this chapter derives, certifying, after inspection, the extent and kind of use made of the building or premises, including the number of families or occupants, and whether such use conforms to the provisions of this chapter. No person shall be required to obtain any such certificate.

(d)

Temporary certificate. Under such rules and regulations as may be established by the building inspector, a temporary certificate of occupancy may be issued for a part of a building.

(e)

Change in zoning classification. No certificate of occupancy shall be issued for the use of land or a building or structure thereon with respect to which an ordinance to change its zoning classification or to change a use permitted under its existing zoning classification has been introduced in city council until official adoption or rejection of the ordinance or until the expiration of 90 days from the date on which such ordinance was introduced in city council, whichever first occurs; provided, that this section shall not prohibit issuance of a certificate of occupancy in connection with a use or proposed use permitted under the existing classification and not prohibited under the proposed zoning classification as set forth in such ordinance or under the permitted uses for such existing classification as set forth in such ordinance.

The provisions of this subsection shall not prohibit the issuance of a certificate of occupancy for a use, building or structure for which a valid building permit is in effect at the time of the introduction of the ordinance referred to in the first paragraph of this subsection.

(Code 1968, § 48-69)

(a)

Purpose. The regulations prescribed by this chapter establish separate districts, each of which is an appropriate area for the location of uses and structures permitted therein. It is necessary and consistent with the establishment of these districts that all uses and structures incompatible with permitted uses or structures be regulated strictly and permitted only under rigid controls. Therefore, it is the purpose of this section to provide for strict regulation of nonconforming uses and nonconforming buildings and for the gradual elimination within residence districts of those uses and structures most incompatible with those for which such districts are designed.

(b)

Change of use or structure. Except as provided in this section, any building or part of a building or any land which on March 8, 1962 or at the time of the adoption of an amendment to this chapter is being put to a nonconforming use may continue to be used for the same nonconforming purpose, nor shall any change of title or of right to possession affect such continuation of an existing use. In addition:

(1)

The provisions of this chapter shall not require modifying the height or size of any building or structure or the size of yards or courts around such building or structure existing on March 8, 1962 or at the time of adoption of such an ordinance.

(2)

Any nonconforming use or any nonconforming building which shall be made to conform in its use or structure with the requirements of this chapter for the district within which it is located shall not thereafter be reconverted or altered so as to be again nonconforming.

(3)

If approved by the zoning board of adjustment as provided in division 3 of this article, a nonconforming use may be changed to another nonconforming use that is less detrimental to the neighborhood within which it is located, but after so changed shall not be again changed to another nonconforming use that is more detrimental to such neighborhood.

(4)

No building devoted to a nonconforming use shall be enlarged, unless the use therein is changed to a conforming use, except as otherwise permitted under the following provisions of this subsection.

(5)

No structural alteration, other than one required by law, shall be made to a building devoted to a nonconforming use, except after approval by the zoning board of adjustment as provided in division 3 of this article, which board may authorize a structural alteration involving a cost not over 50 percent of the replacement value of the existing building as appraised by the board of assessment of the city.

(6)

If approved by the zoning board of adjustment as provided in division 3 of this article, a nonconforming use may be extended over such portions of a building or premises as were specifically designed or arranged for such use on March 8, 1962.

(7)

If approved by the zoning board of adjustment as provided in division 3 of this article, a nonconforming use or a building devoted to a nonconforming use may be extended, either on the same lot or a contiguous lot under the same ownership on March 8, 1962, subject to the conditions specified below in each case:

a.

The extension is for a use which is necessarily incident to the existing use;

b.

Such extension shall not come within less than 25 feet of any rear lot line; closer to the street line than the existing building or the required building setback line for the zoning district within which it is located, whichever is the more restrictive; or within 15 feet of any side lot line;

c.

The estimated cost of any building involved does not exceed 50 percent of the replacement value, as appraised by the board of assessment of the city, of the existing building to which it is incident; and

d.

It will not impair the value of the adjoining property or adversely affect the character of the neighborhood.

(8)

Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter; except, that when such discontinuance is on account of any cause beyond the control of the owner or tenant, such as extended disability or service in the armed forces, the period of abandonment shall for the purpose of this chapter date from the termination of such cause. The discontinuance of any nonconforming use for a period of one year shall create a rebuttable presumption that the owner or tenant of the subject property intended to discontinue and abandon such nonconforming use. No such discontinued nonconforming use shall be reestablished after discontinuance for a period of one year, unless the reestablishment of such use is approved by the zoning board of adjustment based on a determination by the board that the discontinuance was due to a cause beyond the control of the owner or tenant or other set of facts clearly rebutting the presumption of intent to discontinue, such as substantial work toward completion of renovation of the premises under a valid building permit or inability to lease the premises to a tenant despite evidence of diligent, good faith efforts to do so. Failure to register a nonconforming use or failure to renew the registration of a nonconforming use shall be further evidence of the intent of the owner or tenant to discontinue such use. No discontinued nonconforming use shall be reestablished unless the application or appeal of the owner or tenant to the zoning board of adjustment for approval of such reestablishment is filed with the zoning administrator within one year of the beginning of the discontinuance of such use or of the termination of such cause or of such facts rebutting the presumption of intent to discontinue.

(9)

In any case where a district boundary crosses a building which existed at the time such boundary was established, a use permitted only in the less restricted of the two districts may be extended, as a nonconforming use during the life of such building, into that part of the building situated within the more restricted district.

(c)

Gradual elimination of certain uses. Certain nonconforming uses shall be terminated in accordance with the following provisions of this subsection, designed to permit full amortization of any investment in such use and to eliminate such use only when it is deemed to be one of the uses most incompatible with those for which the district is designed. In addition:

(1)

A billboard or an advertising sign exceeding 30 square feet in area in any residential district shall be terminated within ten years after March 8, 1962 or the date of adoption of any amendment to this chapter which makes such a structure nonconforming in a residential district.

(2)

A manufacturing or industrial use in any residence district shall be terminated in conformance with the following time schedule:

a.

When carried on in a building designed for residential use, ten years from March 8, 1962.

b.

When carried on in an industrial building, 40 years from the date of the establishment of such use, but not sooner than 25 years after March 8, 1962.

(3)

Any adult entertainment establishment which has nonconforming use status by virtue of its location in any of the following zones—R-1, R-2, R-2-A, R-3, R-4, R-5-A, R-5-A-1, R-5-B, R-5-C, C-1, C-1-A, C-2, C-2-A, C-3, C-4, C-6, W-1, W-2, W-3 and W-4—shall be discontinued and must cease operation within one year of March 23, 1987. Any adult entertainment establishment which operates as a nonconforming use and which is subsequently sold, conveyed, or otherwise transferred to a new owner shall lose its nonconforming use status immediately.

(4)

Arcades in any building or part thereof in any C-3 central retail zoning district shall be prohibited from and after August 20, 1984. All such existing uses shall become nonconforming uses and shall be terminated not later than three years after the effective date of the ordinance from which this provision derives.

(5)

Arcades in any building or part thereof in any R-1, R-2, R-2-A, R-3, R-4, R-5-A, R-5-A-1, R-5-B, R-5-C, C-1, C-1-A, C-2-A, C-4, and C-5 zoning districts shall be prohibited from and after December 18, 1985. All such existing uses shall become nonconforming uses and shall be terminated not later than three years after December 18, 1985. Arcades in any building or part thereof in any C-2 or C-5 district which has nonconforming use status by virtue of its not having had zoning board of adjustment approval for such uses in such districts as required in this section by the provisions of Ord. No. 85-059, shall be discontinued and must cease operation within three years of the date when such establishment first obtained nonconforming use status; provided, however, that if the owner or operator of such arcade applies for and receives the approval of the zoning board of adjustment and meets the specified conditions for such approval within such three-year period, such use may be continued beyond the otherwise applicable date of discontinuance.

(6)

Amusement game machines in any business premises in any R-1, R-2, R-2-A, R-3, R-4, R-5-A, R-5-A-1, R-5-B, and R-5-C districts shall be prohibited from and after December 18, 1985. All such existing uses shall be terminated not later than 18 months after December 18, 1985. Amusement game machines in any building or part of a building in any C-1, C-1-A, C-2, C-2-A, C-3, C-4, C-5, and C-6 districts which have nonconforming use status by virtue of the provisions of Ord. No. 85-059 shall be discontinued and must cease operation within 18 months of October 18, 1985 unless otherwise permitted by the accessory use provisions of section 48-497; provided, however, that if the owner, operator, or proprietor of any business premises in which any such amusement game machines are located in any C-1, C-2, C-5, W-3, and W-4 districts applies for and receives the approval of the zoning board of adjustment and meets the specified conditions for such approval within such 18-month period, such amusement game machines may be continued in such premises beyond the otherwise applicable date of discontinuance.

(7)

Any prohibited use in any waterfront district, as provided in article VIII, division 2, subdivision II of this chapter, shall be terminated not later than five years after June 9, 1986, or not later than five years after the effective date of any ordinance rezoning a property to W-1, W-2, W-3 or W-4 zoning classification from a zoning classification that is not a waterfront zoning classification, if and as applicable, such prohibited uses being deemed to be most incompatible with the uses for which waterfront districts are designed; provided, however, that any use that is included in the uses enumerated in section 48-333(d) of this code shall be terminated not later than 25 years after the effective date of any ordinance rezoning a property to W-1, W-2, W-3 or W-4 zoning classification from a zoning classification that is not a waterfront zoning classification, when, as and if applicable as aforesaid.

(8)

Any prohibited uses in any W-3 or W-4 waterfront district as provided in section 48-335 shall be terminated not later than one year after December 8, 1987, or not later than one year after the effective date of any ordinance rezoning a property to W-3 or W-4, if and as applicable, such prohibited uses being deemed to be among those most incompatible with the uses for which the waterfront districts are designed and further deemed to involve far less substantial site improvement, fixed asset or capital improvement costs than other prohibited uses of a less transitory nature for which a longer period of amortization prior to termination is appropriate, as provided in other subsections of this section.

(9)

The use of any barbed wire or razor wire or any barbed wire type of fencing material not permitted or expressly prohibited in residential, commercial, or W-3 or W-4 zoning districts, or if not in conformity with the provisions applicable to M-1 and M-2, W-1 and W-2, zoning districts as provided in section 48-475 shall be terminated not later than one year after October 20, 1989.

(d)

Registration of nonconforming uses. The operator of a nonconforming use shall register such use with the zoning administrator in accordance with the procedures specified in the following portions of this subsection:

(1)

The time by which such registrations shall be filed shall be in accordance with the following schedule:

a.

Each nonconforming use lawfully existing on March 8, 1962 from which this chapter derives shall be registered within 12 months of such adoption date;

b.

Each use which becomes a nonconforming use by the adoption of the ordinance from which this chapter derives or any subsequent amendment thereto or to this chapter shall be registered within 12 months after the effective date of such ordinance or such amendment; provided that a use formerly permitted as a matter of right which becomes nonconforming by reason of an amendment making it a use subject to zoning board of adjustment approval shall not be required to be registered to preserve vested rights under section 48-5(c), but such rights may be proved by other evidence of lawful use immediately prior to the date of amendment;

c.

Each nonconforming use established pursuant to subsections (3), (6) and (7) of subsection (b) of this section shall be registered within six months after such establishment.

(2)

The registration of each nonconforming use shall be renewed every two years in the same manner as an original registration.

(3)

To register a nonconforming use or to renew the registration of a nonconforming use, a notarized registration certificate shall be filed for such use and shall contain the following information:

a.

The name and address of the owner of the property upon which the nonconforming use is located;

b.

The name and address of the operator of such use;

c.

A description of the property or part thereof upon which the nonconforming use is located, including the street address and the block and lot numbers as shown on the records of the board of assessment of the city;

d.

The zoning classification of the property upon which the nonconforming use is located;

e.

A description of the nonconforming use;

f.

Any further information the zoning administrator may deem necessary to maintain a complete record of such nonconforming uses; and

g.

Payment of a fee to the city in the amount of $25.00 at the time of filing of each notarized registration certificate.

(4)

Failure to register a nonconforming use in such form and at such times as required by the provisions of this subsection shall be deemed a violation of this chapter.

(Code 1968, § 48-51; Ord. No. 91-046, § 2, 10-3-91; Ord. No. 92-028, § 2, 6-4-92; Ord. No. 93-055, § 1, 11-4-93; Ord. No. 98-147(sub 2), § 1, 12-7-00; Ord. No. 01-046(sub 1), § 1, 11-1-01)

(a)

For same nonconforming use. Nothing in this chapter shall prevent the restoration of a building devoted to a nonconforming use for the same nonconforming use in the event that such building is damaged or destroyed by fire, explosion, act of God, or act of the public enemy subsequent to March 8, 1962, provided, that the restored building conforms with the building code of the city and the permits for restoration be applied for within not more than 12 months from the time of such damage or destruction.

(b)

For conforming use. Nothing in this chapter shall prevent the restoration of a nonconforming building devoted to a conforming use in the event that such building is damaged or destroyed by fire, explosion, act of God, or act of the public enemy subsequent to March 8, 1962; provided, that the restored building conforms with the building code of the city and the permits for restoration be applied for within not more than 12 months from the time of such damage or destruction.

(Code 1968, § 48-52; Ord. No. 18-033, § 4, 7-12-18)

(a)

Purpose. The purpose of this section is to provide a method by which uses of land and facilities that are or appear to constitute new technologies may be more fully reviewed by the departments of city government, particularly in cases of uses that may not clearly fall within the provisions of the current zoning code in its definitions of uses and enumerations of permitted uses in different zoning districts and the regulations applicable thereto, so that the city government and the residents and businesses in the city may be more fully informed and more fully assured of the adequacy of review of new technologies and their environmental effects.

(b)

Environmental and technology advisory panel.

(1)

As of July 1, 1993, there shall be an advisory body in the city, to be known as the environmental and technology advisory panel (the "panel") to be comprised of the director of environmental affairs, who shall chair the panel, the administrative assistant to the mayor, the director of planning and development, the commissioner of licenses and inspections, the director of the office of economic development, the city solicitor, the commissioner of public works, the director of public safety, the fire marshal, or their respective designees, and two members of city council who shall be designated by the city council president. The panel shall meet not less than quarterly to review current information that is available regarding new technologies, and developing industries and their respective treatment as uses categorized under the provisions of the city's zoning code. In addition, the panel shall meet, at the call of the chair, to review, in a coordinated and thorough manner, the environmental impact of and the process of review for any proposed new uses that are referred to it by the zoning administrator in connection with a review required by the provisions of the zoning code concerning standards of external effects or concerning protective controls. The panel shall advise the zoning administrator and the zoning board of adjustment as to issues concerning such standards or such protective controls that may be brought to the zoning board of adjustment for decision. The panel shall also address issues, on an advisory basis only, that concern the proper classification of new and developing uses under the current zoning code and the regulations that are applicable thereto. The panel may contract with one or more persons or firms for professional services of an advisory nature regarding technological and scientific data relating to the correct categorization of particular land uses, technologies, standards of external effects and protective controls as deemed necessary by the panel. It is part of the purpose of this section to provide an appropriate forum for the city government to review such matters internally and to anticipate their effects on the city, its residents and businesses.

(2)

In addition to matters involving uses in manufacturing districts or in waterfront districts that require zoning board of adjustment review, in the event that a proposed use for which an application for a building permit has been received, but regarding which the question of whether the use is permitted by the provisions of the zoning code is not clear or cannot be resolved to a reasonable degree of exacting certainty, the zoning administrator shall submit the matter to the panel for its consideration and advise and no building permit shall be issued for up to 45 calendar days, which period may be extended not more than once if approved by resolution of council by a majority vote of all the members of council.

(c)

Rules and regulations; proposed amendments to code. The panel shall promulgate such rules and regulations as it may deem necessary for its internal governance, subject to approval by the administrative board. In addition, the zoning administrator may refer to the panel any matter brought to his attention that involves new technology or that does not appear to fall clearly within the classification of uses in the zoning code, or as required for zoning board of adjustment review. The panel may also recommend to the planning commission and to city council any amendments to the zoning code it deems appropriate to define and regulate new technologies and their environmental effects, standards, or protective controls.

(d)

Confidentiality of proprietary information. Any records, reports or information obtained pursuant to this chapter and any permits, permit applications and related documentation shall be available to the public for inspection and copying; provided, that upon a showing satisfactory to the zoning administrator by any person that such records, reports, permits, permit applications, documentation or information, or any part thereof (other than effluent data) would, if made public, divulge business information, methods of processes entitled to protection for reasons of business confidentiality, including being trade secrets of such persons, the zoning administrator shall consider, treat, and protect such records, report or information, or part thereof, as confidential; provided further, however:

(1)

That any such record, report or information accorded confidential treatment may be disclosed or transmitted to other officers, employees or authorized representatives of the city, the state or of the United States concerned with carrying out this chapter or when relevant in any proceeding to effectuate the purpose of this chapter; and

(2)

That any report of an air contaminant or water pollutant emissions may be made available to the public as reported and as correlated with any applicable emission standards or limitations, as provided by federal, state, or local law.

For purposes of this section, "business information" means any information which pertains to the interests of any business, which was developed or acquired by that business and which is possessed by the zoning administrator in recorded form.

For purposes of this section, "reasons of business confidentiality" shall include the concept of trade secrecy and other related legal concepts which give (or may give) a business the right to preserve the confidentiality of business information and to limit its use or disclosure by others in order that the business may obtain or retain business advantages it derives from its rights in the information, including but not limited to, for example, the types and prices of the raw materials that are used in manufacturing a product.

(e)

Interference with city personnel. No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by city personnel of any duty under this chapter, or any rule or regulation or order or permit or decision promulgated or issued thereunder.

(Ord. No. 93-010(sub 1), § 1, 7-8-93; Ord. No. 96-085, § 1, 2-6-97; Ord. No. 02-116(sub 1), § 1, 12-12-02)

This chapter may be amended by the council of the city in accordance with the provisions of the charter of the city after official notice and public hearing, at least 15 days' notice of the time and place of which shall be published at least once in a newspaper of general circulation in the city. In case, however, of a protest against any proposed amendment, signed by the owners of 20 percent or more, either of the area of the parcels involved in such proposed amendment, or of those immediately adjacent thereto and within 100 feet thereof, or of those directly opposite thereto, to a depth from the opposite street line not exceeding 100 feet, then such amendment shall not become effective except by a three-quarters vote of all members of the council. To that end, any protest of any proposed amendment shall be submitted in writing on the zoning protest form available from the city clerk, signed by the owners eligible as described above, and shall be filed with the city clerk with a copy submitted to the planning department, not later than at 5:00 p.m. on the business day 48 hours preceding the date of the council's scheduled public hearing on the proposed amendment. Any protest filed pursuant to this section shall include at least the following: the name, address and telephone number of each person signing (signer) the written protest; the address of the property affected if it differs from that of the signer; a written statement asserting that the property is within the area involved in the proposed amendment as described above; and, if the owner is a corporation, the signature(s) of the authorized agent(s) acting for the corporation. The planning department, prior to the council's voting on any proposed amendment to which a protest has been filed, shall verify that the names and signatures on the zoning protest form are consistent with property ownership records and the eligibility of those who filed the protest, the area involved and location thereof and advise the president of council accordingly. As to any proposed amendment changing the zoning classification of any property that, as of October 9, 1990, is publicly owned by a local, state or federal governmental body or any agency thereof and that is zoned in the classification of open space as provided in section 48-286, no such amendment shall become effective except by a three-quarters vote of all members of the council to change that open space classification to any other zoning classification.

In accordance with the provisions of section 305 of title 22 of the Delaware Code, the foregoing provisions regarding a protest shall not be applicable to any such change which is proposed in connection with the construction of federally assisted multi-family housing for the elderly and handicapped, in all instances of which such change shall become effective by a favorable vote of a simple majority of all the members of the legislative body of the municipality. The provisions of section 304 of title 22 of the Delaware Code, relative to public hearings and official notice, shall apply equally to all changes or amendments pursuant to this zoning code.

(Code 1968, § 48-72(a); Ord. No. 92-079(sub 1), § 1, 2-4-93; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 06-072(sub 1), § 1, 1-18-07)

No amendment to this chapter shall be passed until the same shall have been proposed by or be first submitted to the city planning commission. Any proposed amendment for which a petition has been duly filed and for which the fees required have been paid pursuant to section 48-34(b) shall forthwith be referred by the city clerk through the director of planning to the planning commission. With respect to any proposed amendment, the city planning commission shall hold at least one public hearing, notice of which hearing shall be published at least seven days before the date of the hearing in a newspaper of general circulation in the city. The notice shall contain the time and place of hearing and shall specify the nature of the proposed changes in a general way and shall specify the place and times at which the text and map relating to the proposed amendment may be examined. Unless the city planning commission shall have submitted its report through the mayor upon the proposed amendment within 90 days after the submission thereof to it, city council shall be free to proceed to the adoption of the amendment without further awaiting the receipt of the report of the city planning commission. This 90-day period for consideration and report by the city planning commission may be extended by a three-quarters vote of city council. No amendment shall be passed by the city council without concurrence of the city planning commission in the proposed amendment except by a three-quarters vote of city council.

(Code 1968, § 48-72(b))

Whenever additional real property is acquired for park or playground purposes by the department of parks and recreation of the city, such department shall file with the zoning administrator and the clerk of the council a map showing the boundaries of such property which shall then be automatically rezoned as part of the O district and the zoning map amended accordingly.

(Code 1968, § 48-72(c))

No petition for amendment, change or modification of any zoning classification or zoning district with respect to any land which has been the subject of a prior rezoning proceeding shall be filed within one year after a decision by the city planning commission on the merits of the prior rezoning petition.

(Code 1968, § 48-72(d))

(a)

Generally. There shall be a zoning board of adjustment, constituted in accordance with the provisions of 22 Del. C. ch. 3, subch. II (§ 321 et seq.).

(b)

Present members. The members of the zoning board of adjustment heretofore established under the preexisting zoning ordinance shall continue in office for the duration of their official terms.

(c)

Vacancies. Any vacancies on the zoning board of adjustment shall be filled in accordance with the state law referred to above.

(d)

Chairman and vice-chairman. The zoning board of adjustment shall elect its chairman and vice-chairman at the first meeting held after June 30 of each calendar year.

(Code 1968, § 48-60)

(a)

Meetings generally. Meetings of the zoning board of adjustment shall be held at the call of the chairman, or in his absence the vice-chairman, but at least once a month.

(b)

Procedure for obtaining permission of the board. Any person desiring to obtain the permission of the board for any purpose for which permission is required under this chapter, or for any use not otherwise covered, shall make written application therefore and such written application shall include:

(1)

A statement that the applicant has notified, or has attempted in good faith to notify, all owners of property that adjoins the applicant's property, as well as the affected city council representative;

(2)

Copies of the document that was sent via certified mail to the adjoining neighbors;

(3)

Copies of the returned receipts or signatures from adjoining property owners;

(4)

Any known opposition by adjoining property owners to the applicant's purpose for which the board's permission is being sought; and

(5)

An affidavit certifying that he/she is not delinquent in payment of city property taxes, water and sewer billing, or any other lienable fee or taxes for which amounts are past due to the city, for the property that is the subject of the written application, subject to verification by the city department of finance as of the date of the application;

and the board shall hold a public hearing thereon, after public notice and notification to the property owners affected, and render a decision. Such public notice shall be given not less than ten days before any public hearing except for an emergency, special or rescheduled meeting, provided, however, that any such emergency, special or rescheduled meeting shall still comply with the notice requirements of the Delaware Freedom of Information Act. Any notice required under this section shall include the posting of the board's agenda, as required by the Delaware Freedom of Information Act, the forwarding of copies of each agenda stating, as it does, the hearing location, hearing date and hearing time, with copies of the case number notice being provided to: the president of city council; to the city council district member, the county council member and the state representative in whole districts the subject property is located; and to the chair of the officially recognized neighborhood or civic association(s) in the area within which the subject property is located, as listed in the planning department community organization directory. Such notice and its accompanying list of property owners and addresses shall also be sent to each owner of record of properties located within not less than the city block surrounding the subject property, as well as to the "occupants" of the properties that are dwellings that are directly adjacent to or abutting the subject property or directly across a street or public alley from the subject property. For purposes of this section, "one city block" shall mean a city block, defined as the area within the perimeter of the rectangle formed by the sides of the four street within which the subject property is located, or a radius of 250 feet, whichever is greater. In the event that an application or appeal is withdrawn or is to be rescheduled and that fact is known prior to the hearing date and time, the zoning administrator shall make his/her best efforts to notify by telephone the president and the district member of council, the county council member, the state representative and the community organization in order that they may assist in providing further notification to property owners and occupants, given the short amount of time involved, of the fact that the appeal or application will not be heard on the date scheduled.

(c)

Meetings to be public; minutes; records. All meetings of the board shall be open to the public, and the board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact. All records of the board shall be filed in the office of the board and shall be open to public inspection.

(d)

Rules and regulations for transaction of business. The board shall adopt such other rules and regulations, not inconsistent with the state law or the provisions of this chapter, as it may deem necessary for the transaction of its business.

(e)

Applications for approval to operate rooming houses. The zoning board of adjustment shall not accept applications for approval to operate a rooming house from any person who is delinquent in payment of city property taxes, water and sewer billings, or any other account or loan for which amounts are past due and owning to the city, nor if any of such taxes, billings, accounts or loans are unpaid by the owner, if other than the applicant of the proposed rooming house building, until and unless all such taxes, water billings or other accounts and loans are paid in full, together with interest and penalties.

(f)

Multi-family conversions. Any building that had been designed for use as a single family residence but has been converted to a multi-family use and has been vacant for one year or more shall not thereafter be used for multi-family use, but may continue to be used as a single-family residence.

(g)

Applications for single-family to multi-family conversions. The applicant for a single-family to multi-family conversion shall be required to submit:

(1)

An affidavit from a licensed realtor stating that the proposed property has been actively marketed as a single-family dwelling for at least six months, unless the zoning administrator deems it unnecessary;

(2)

An affidavit certifying that he/she is not delinquent in payment of city property taxes, water and sewer billing, or any other account or loan for which amounts are past due to the city, subject to verification by the city department of finance; and

(3)

Plans at a scale of not less than ¼ inch to the foot, showing the dimensions and square footage.

Such application shall be approved only if in the opinion of the zoning board of adjustment the proposed activity will not adversely affect the character and future development of the neighborhood within which it is proposed to be located and such use will not increase motor vehicle parking problems and congestion in the neighborhood. The board in its determinations shall consider the cumulative effect on the availability of motor vehicle parking spaces particularly in light of all other existing uses within a radius of 300 feet of the proposed location.

(Code 1968, § 48-61; Ord. No. 97-100(sub 1), § 1, 2-19-98; Ord. No. 01-062(sub 1), § 1, 8-23-01; Ord. No. 02-094, § 1, 12-12-02; Ord. No. 08-007(sub 3), § 1, 7-10-08)

State Law reference— Meeting generally, 22 Del. C. § 323.

In exercising the powers conferred under this division and in conformance with state law, the zoning board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, determination or refusal appealed from or may make such order as may be necessary to carry out its decision or authorization, and to that end shall, in such cases, have all the powers of the official or body from whom the appeal is taken.

(Code 1968, § 48-64)

(a)

Generally. The zoning board of adjustment, pursuant to the provisions of the state law referred to under section 48-66, shall hear and decide appeals from and review any order, requirement, decision or determination made by the building inspector or other officer charged with the enforcement of this chapter.

(b)

Notice of appeal. Notice of appeal shall be given in writing to the building inspector and to the board, within such period as the board may by its rules and regulations prescribe. Such notice of appeal shall state clearly and in detail the grounds of appeal.

(Code 1968, § 48-62)

State Law reference— Appeals, 22 Del. C. § 324 et seq.; time limit for appeals to courts, 10 Del. C. § 8126.

(a)

The zoning board of adjustment may after a public hearing, following public notice and notification to property owners affected, grant a variance from the requirements of this chapter, where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property on March 8, 1962 or by reason of exceptional topographic conditions or owing to special conditions or exceptional situation of such piece of property, the strict application of any regulation would make it impractical for the owner to use such piece of property for a proposed principal building and buildings accessory thereto in conformance with those requirements of this chapter and thus would result in exceptional practical difficulties to, or unnecessary hardship upon, the owner of such property; provided, that such variance may be granted so that the spirit of this chapter shall be observed and substantial justice done without substantial detriment to the public good and without substantially impairing the intent and purposes of this chapter.

(b)

The zoning board of adjustment may, after a public hearing, following public notice and notification to property owners affected, and subject to appropriate conditions and safeguards, grant a variance from the requirements of this chapter where, owing to special conditions or exceptional situation, a literal enforcement of the provisions of this chapter would result in unnecessary hardship upon, or exceptional practical difficulties to, the owner of property and such requested variance is in harmony with the character of the neighborhood and is appropriate to the uses and/or buildings permitted or existing in such neighborhood; provided that such variance may not be granted in instances where to do so would be detrimental to the health and welfare of the neighborhood, depreciate surrounding property values, create a fire hazard, exacerbate existing parking problems or otherwise be contrary to the public interest, but such variance may be granted so that the spirit of this chapter shall be observed and substantial justice done.

(c)

Variances from the provisions of this Code applicable to floodplain and floodprone areas may be approved in accordance with division 7 — Variances, of this article.

(d)

Variances for a pre-existing condition with a dimension of no greater than one foot may be granted administratively by the zoning administrator without approval of the zoning board of adjustment and without a public hearing, subject to the procedures set forth in section 48-32.

(Code 1968, § 48-63(a); Ord. No. 10-074, § 1, 2-3-11; Ord. No. 14-053(sub 1), § 1, 12-18-14)

(a)

The zoning board of adjustment may after public hearing, following public notice and notification to property owners affected, grant special exceptions as provided in the preceding articles of this chapter where in the judgment of the board such special exceptions shall be in harmony with the general purpose and intent of the zoning regulations and maps and will not tend to affect adversely the use of neighboring property in accordance with such zoning regulations and maps, subject in each case to the special conditions specified in such articles, as follows:

(b)

The zoning board of adjustment may, after a public hearing, following public notice and notification to property owners affected, and subject to appropriate conditions and safeguards, grant a special exception from the requirements of this chapter where, owing to special conditions or exceptional situations, the owner of a licensed business can petition the board for an exception from the hour limitation set forth in section 5-78 of this Code. The zoning board of adjustment shall promulgate rules for receiving evidence and deciding upon such applications. The zoning board of adjustment shall determine whether the requested special exception is in harmony with the character of the neighborhood and is appropriate to the uses and/or buildings permitted or existing in such neighborhood; provided that such exception may not be granted in instances where to do so would be detrimental to the health and welfare of the neighborhood, depreciate surrounding property values, create a fire hazard, exacerbate existing parking problems or otherwise be contrary to the public interest. The zoning board of adjustment shall apply the following procedures and requirements:

(1)

The special exception from the limitation on hours of operation may only be granted by the board upon:

a.

A determination of good and sufficient cause;

b.

A determination that the special exception will not have an adverse impact on the community;

c.

A determination that it is necessary and reasonable for the conduct of the business;

d.

A determination that the special exception will not contribute to or exacerbate problems related to the public safety, as determined by a review of crime statistics and calls for service in the community, and the nature thereof, but in this determination, said calls for service by the business owner shall not be an unfavorable consideration, but rather a favorable consideration;

e.

A determination that the layout, appearance and site conditions of the business contribute to safe business practices as well as ensure the safety of the community; and

f.

An applicant's submitted plan to remedy any and all negatives associated with the business and demonstration of how execution of said plan will enhance and improve the business and the community.

(2)

Rebuttable presumption in favor of the special exception from the limitation on hours of operation may be granted upon documentation by the business owner that:

a.

A 24-hour video recording surveillance of the location is provided;

b.

A written crime prevention policy that includes an employee training component is on file with the Wilmington Police Department;

c.

The business is in compliance with 21 U.S.C. § 863, which prohibits the sale of drug paraphernalia.

(Code 1968, § 48-63(b); Ord. No. 92-028, § 2, 6-4-92; Ord. No. 92-056(sub 1), § 1, 12-7-92; Ord. No. 05-050(sub 4), § 4, 7-13-06; Ord. No. 07-070, § 3, 12-6-07)

The zoning board of adjustment may after public hearing, following public notice and notification to property owners affected, authorize the reestablishment of a discontinued nonconforming use, or changes and extensions of nonconforming uses or nonconforming buildings, where in the judgment of the board such reestablishment, changes or extensions will not adversely affect the use of neighboring property, as follows:

(1)

Approve the change of a nonconforming use to another nonconforming use less detrimental to the neighborhood, as provided in section 48-38(b)(3).

(2)

Approve a structural alteration in a building devoted to a nonconforming use, as provided in section 48-38(b)(5).

(3)

Approve the extension of a nonconforming use over a portion of a building or premises designed for such use on March 8, 1962, as provided in section 48-38(b)(6).

(4)

Approve the extension of a nonconforming use or a building devoted to a nonconforming use, either on the same lot or to a contiguous lot under the same ownership, as provided in section 48-38(b)(7).

(5)

Approve the reestablishment of a nonconforming use which has been discontinued for a period of one year, provided that there is evidence that the cause of discontinuance was beyond the control of the owner or tenant or evidence to rebut a presumption of intent to discontinue, in accordance with the provisions of section 48-38(b)(8).

(Code 1968, § 48-63(c))

The zoning board of adjustment shall have the following additional powers of original jurisdiction, in each case to be exercised only upon petition to the board, after public notice and hearing, in conformity with the purpose and intent of this chapter, and with due consideration to the effect on neighboring property and public welfare:

(1)

Determine and establish the true location of district boundaries in any disputed case, in accordance with section 48-98(d).

(2)

Direct, in undeveloped areas of the city, the grant of temporary and conditional permits of limited duration for nonconforming uses and nonconforming buildings when deemed necessary for the development of such areas.

(3)

Exercise such other powers of original jurisdiction as are authorized or may be authorized under the state law referred to in section 48-66.

(4)

Based on demonstrated need and subject to the approval of the zoning board of adjustment and the planning commission, and any conditions imposed thereby, the facilities of a public utility required for its service may be erected and used in any district.

(5)

Appeals by the design review commission (DRC) of decisions of the commissioner of licenses and inspections as provided in section 48-420 and appeals by an applicant pursuant to article IX of this chapter.

(Code 1968, § 48-63(d); Ord. No. 92-029, § 3, 6-4-92)