Chapter 17.82 INTERPRETATION AND ENFORCEMENT

Chapter 17.82
INTERPRETATION AND ENFORCEMENT

Sections:

17.82.010 Planning Commission’s decision criteria.

Whenever the Planning Commission is called upon to determine whether or not the use of land or any structure in any zone is similar in character to the particular uses allowed in a zone, the Planning Commission shall consider the following factors as criteria for their determination:

A. Effect upon the public health, safety and general welfare of the neighborhood involved and the City at large.

B. Effect upon traffic conditions.

C. Effect upon the orderly development of the area in question and the City at large in regard to the general planning of the whole community. [Ord. 1272 § 17-8-2, 1980.]

17.82.020 Enforcement of regulations.

A. This title shall be administered, interpreted and enforced by the code enforcement officer (CEO). The CEO shall issue no permit for the construction, alteration or use of building, structure or land unless the plans, specifications and intended use of such building, structure or land conforms in all respects with the provisions of this title.

B. The CEO may permit in any zone any use not described in this title; provided, such use shall be the same general classification as described uses permitted in such zone.

C. The Board of Adjustment may permit variances from the provisions or requirements of this title only in such cases where it shall appear that a strict compliance with said provisions or requirements is not reasonably possible. No such variance shall be authorized unless the Board of Adjustment shall find that all of the following facts exist:

1. There are exceptional and extraordinary circumstances or conditions applying to the property in question which are not the result of action on the part of the owner of said property and which do not apply generally to other property in the same vicinity or district;

2. Such variance is necessary for the preservation and enjoyment of a substantial property right of the appellant possessed by the owners of other properties in the same vicinity or district;

3. The authorization of such variance will not be detrimental to public welfare or injurious to property in the vicinity or zone in which the subject property is located;

4. The use requested by the appellant will not be of a general classification differing from the essential use provisions of the zone in which said property is located.

D. The CEO shall be responsible for the issuing of all building permits. No person, company or corporation shall erect, alter, convert, enlarge, move or improve a building or structure within the corporate limits of the City without first obtaining a building permit:

1. The application for permit shall be in writing and shall state the size, height, class of building, zone, lot size, name of builder, owner and other information that the CEO may deem pertinent.

2. Said permit shall be issued upon showing that the plans and intended use of such building conforms in all respects with the provisions of this title and upon payment of a permit fee as established by the City Council.

3. When the building permit is approved or disapproved, the CEO shall, within 48 hours of the granting or denial of said building permit, mail a copy of the building permit with the notation as to whether such permit has been approved or disapproved, and date of such approval or disapproval, to the applicant for the permit and to any other person who, preliminary to the denial, requests in writing that they be notified of the disposition of the application for building permit. Further, within two days after the approval or disapproval of such permit, a copy of such permit noting the approval or disapproval shall be posted on the bulletin board in the lobby of the City Hall in the City.

E. The CEO shall be responsible for the issuing of all occupancy permits. No building hereinafter erected shall be occupied or used, nor shall the use of a building be changed from a use limited to one zone to that of another zone, nor shall vacant land be temporarily used until an occupancy permit shall have been issued:

1. An application for an occupancy permit shall accompany all applications for building permits, said occupancy permits to be issued upon completion of the building in accordance with the provisions of this title.

2. Application for occupancy permits authorizing temporary use of vacant land or for change in the character of use of land or building shall be accompanied by a plan showing the extent and nature of existing buildings and structures on adjacent properties as well as the property involved, together with a statement describing in detail the nature of the use to which said property is to be subjected.

a. The CEO shall act upon all such applications within 10 days after the date of filing. Before issuing said permit, the CEO shall ascertain whether such temporary use or change of use is in the interest of the public and adjoining property owners.

b. The permit shall be issued when the CEO shall so indicate approval. In the event of rejection, the applicant shall be notified immediately by U. S. mail.

c. Reasonable conditions necessary to safeguard the interest of the public and adjoining property owners may be stipulated in occupancy permits authorizing temporary use of vacant land or change in the character of use. The CEO may revoke said permit upon showing that conditions imposed have not been fulfilled or complied with.

d. All such applications for occupancy permit shall be subject to a fee established by the City Council, payable to the City at the time of filing to cover costs of investigation. [Ord. 1511 § 1, 1985; Ord. 1272 § 17-8-3, 1980.]

17.82.030 Violations and penalties.

Any person, company or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or resists the enforcement of this title, is guilty of a misdemeanor for each separate offense. In addition, any noncompliance or breach of this provision of this title shall be deemed a public nuisance, and such nuisance may be abated or the continuance thereof enjoined in the manner provided by the statutes of this State. [Ord. 1675 § 7, 1989; Ord. 1272 § 17-8-4, 1980.]