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1 (A) Any violation of this chapter may be enjoined by the council through proper legal channels. Each day
<br /> 2 a violation is permitted to exist shall constitute a separate offense.
<br /> 3 (B) In case any building, structure, or land is proposed to be erected, reconstructed, altered, converted,
<br /> 4 maintained or used in violation of this chapter,the council,in addition to other remedies,may institute
<br /> 5 in the name of the city any appropriate action or proceeding to prevent,restrain, correct or abate such
<br /> 6 building, structure, or land, or to prevent, in or about such premises, any act, conduct, business, or
<br /> 7 use constituting a violation, as prescribed in Chapter 2.
<br /> 8 (C) Violation of any provision of this chapter is considered a misdemeanor.
<br /> 9 (D) Appeals are provided in the same manner as prescribed in Chapter 2.
<br /> 10
<br /> 11 131-139 Reserved.
<br /> 12
<br /> 13 140 Non-Conformities
<br /> 14 (A) Intent. It is the purpose of this section to provide for the regulation of nonconforming buildings,
<br /> 15 structures, site improvements, and uses and to specify those requirements, circumstances, and
<br /> 16 conditions under which nonconforming buildings, structures, and uses will be operated and
<br /> 17 maintained. This chapter establishes separate districts, each of which is an appropriate area for the
<br /> 18 location of uses that are allowed in that district. It is necessary and consistent with the establishment
<br /> 19 of these districts that nonconforming buildings, structures, site improvements, and uses not be
<br /> 20 allowed to continue without restriction. Furthermore, it is the intent of this section that all
<br /> 21 nonconforming uses shall be eventually brought into conformity or terminated.
<br /> 22 (B) Regulations.
<br /> 23 (1) Whenever a lawful nonconforming use of a structure or land or occupancy is discontinued for
<br /> 24 a continuous period of one year, any future use of said structure or lands shall be made to
<br /> 25 conform with the provisions of this chapter.
<br /> 26 (2) Notwithstanding any other provisions of this chapter, any nonconformity, including the lawful
<br /> 27 use or occupation of land or premises existing at the time of the adoption of an additional
<br /> 28 control under this chapter, may be continued, including through repair, replacement,
<br /> 29 restoration, maintenance, or improvement, but not including expansion, unless it is a
<br /> 30 nonconforming use that is destroyed by fire or other peril to the extent of greater than 50 percent
<br /> 31 of its market value, and no building permit has been applied for within 180 days of when the
<br /> 32 property is damaged. In this case, the city may impose reasonable conditions upon a building
<br /> 33 permit in order to mitigate any newly created impact on adjacent property. Any subsequent use
<br /> 34 or occupancy of the land or premises shall be a conforming use or occupancy.
<br /> 35 (C) Creation of nonconformities by public action
<br /> 36 (1) Where there exists as of the date of adoption of this section a conforming land use, lot of record,
<br /> 37 sign, structure, and/or site improvement and a subsequent taping by a governmental body
<br /> 38 occurs under eminent domain or negotiated sale which renders such land use, lot of record,
<br /> 39 structure, or site improvement in violation of one or more provisions of this chapter, such land
<br /> 40 use, lot of record, sign, structure or site improvements becomes a legal non-conformity and
<br /> 41 may be used thereafter only in accordance with the provisions of this section.
<br /> 42 (2) The Planning Commission may consider government taking as a practical difficulty used with
<br /> 43 a request for a variance to a setback regulation for pre-existing buildings, parking lots, and/or
<br /> 44 signs.
<br /> 45 (D) Lots of Record. Any lot of record existing at the effective date of the ordinance from which this
<br /> 46 chapter is derived may be used for the erection of a dwelling conforming to the use regulations of the
<br /> 47 district in which it is located, even though its area is less than the minimum requirements of this
<br /> 48 chapter. This provision shall not apply to lots with widths below the district minimum, meaning that
<br /> 49 all lots of record must meet district lot width minimums to qualify.
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