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2009.10.05 ORD 2009-434
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2009.10.05 ORD 2009-434
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10/26/2017 2:12:00 PM
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City Council
Document Type
Ordinances
Meeting Date
10/5/2009
Meeting Type
Regular
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(d) Where an applicant believes that a permit has been incorrectly denied, or that conditions <br />placed on a permit are arbitrary or capricious, the applicant may appeal the building official's <br />action to the board of appeals and adjustments. <br />(e) A Permit issued by the Zoning Administrator in conformity with the provisions of this <br />Ordinance shall be secured prior to actions on the following if located in the floodplain: <br />(1) Erection, addition, modification, or rehabilitation of any building, structure, or <br />portion thereof, that would require a building permit. Normal maintenance and repair <br />shall be included in the valuation of the project to determine if a substantial improvement <br />has occurred. <br />(2) Prior to the use or change of use of a building, structure, or land. <br />(3) prior to the construction of a dam, fence (other than a farm fence as defined in <br />Section 90-1 of this Ordinance), or on-site septic system. <br />(4) Prior to the change or extension of a nonconforming use. <br />(5) Prior to the repair of a structure that has been damaged by flood, fire, tornado, or any <br />other source. <br />(6) Prior to the placement of fill, excavation of materials, or the storage of materials or <br />equipment. Normal agricultural tilling and plowing is exempt from this provision. <br />Section 90-45 Enforcement <br />No land use request shall be granted, including, but not limited to, conditional use permits, <br />variances, subdivisions, building permits, or certificates of compliance, for any property not in <br />compliance with this chapter, unless such request shall result in the property being brought into <br />full compliance, except lawful nonconforming uses as defined in section 90-46. If the <br />responsible party does not appropriately respond to the Zoning Administrator within a specified <br />period of time, each additional day that lapses shall constitute and additional violation of this <br />ordinance and shall be prosecuted accordingly. <br />Section 90-46 Nonconforming buildings, structures, uses, and lots. <br />(a) Purpose. This section provides for the regulation of nonconforming buildings, structures, <br />uses, and lots, and specifies those requirements, circumstances, and conditions under which <br />nonconforming buildings, structures, uses, and lots will be operated, maintained, and regulated. <br />Nonconforming buildings, structures, uses, and lots shall not be allowed to continue without <br />restriction. Furthermore, it is the intent of this section that all nonconformities shall be eventually <br />brought into conformity. <br />(b) Generally. <br />14 <br />
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