In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, and general welfare. It is not intended by this title to interfere with, abrogate, annul or repeal any ordinance, rules or regulations previously adopted, and not in conflict with any of the provisions of this title or which shall be adopted, pursuant to law relating to the use of buildings or premises, nor is it intended by this title to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that where this title imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by such other ordinances or such easements, covenants or other agreements, the provisions of this title shall control. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

The building inspector of the city is designated as the officer to be responsible for enforcing this zoning title. Said building inspector shall have the power and shall exercise the functions prescribed by state law and by terms of all ordinances now in force or hereafter passed. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

   A.   Committee Established:

      1.   The zoning board of appeals shall cease to exist and shall be replaced by the parks and zoning committee. Any reference to the zoning board of appeals in this title is hereby amended to parks and zoning committee.

      2.   The parks and zoning committee, hereby referred to in this section as the committee, shall be appointed by the mayor, and shall consist of three (3) city aldermen. The mayor shall appoint one member of the committee to serve as chairman who presides over all meetings of the committee.

   B.   Meetings: All meetings of the committee shall be open to the public. Meetings shall be held at the call of the chairman and at such other times as the committee may determine. Meetings may be called at the request of any member of the committee, or the administrative official charged with the enforcement of this title. The committee shall keep minutes of its proceedings. A statement of the facts found by the committee shall be included in the minutes of each case heard or considered by it. The reason for recommending or denying an exception as herein provided shall also appear in the minutes. In every instance, a statement of the facts upon which such recommendations are based shall appear in the minutes. The committee shall adopt its own rules of procedure, a copy of which and all amendments thereto shall be filed with the office of the clerk. The minutes of the committee shall be open to public examination during city hall regular business hours.

   C.   Jurisdiction:

      1.   The committee shall hear and decide appeals from, and review any order, requirement, decision, or determination, made by the administrative official charged with the enforcement of this title.

      2.   The committee shall also hear all applications for variations to the provisions of this title and shall submit its recommendations, based upon a finding of fact, for enactment in an amended ordinance. The committee shall not have the power to grant a variation recommendation until a public hearing has been held by the committee. The committee shall have no authority to authorize change in the use of any parcel of property or structure.

      3.   The concurring vote of two (2) members of the committee shall be necessary to reverse any order, requirement, decision or determination of the officer from whom an appeal is taken or to decide in favor of the applicant any matter in which said committee is required to pass under the provisions of this title.

   D.   Appeals And Review: Any person aggrieved by a ruling of the building inspector, respecting the interpretation of this title or any officer, department, board or bureau of the city affected by a ruling of the building inspector concerning the interpretation of this title, may take an appeal to the committee. Such appeal shall by taken within such time as shall be prescribed by the committee by general rules adopted by it, and shall be taken by filing with the building inspector and with the committee a notice of appeal, specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. Such appeals shall be taken upon forms provided by the committee. The building inspector shall forthwith transmit to the committee all the papers constituting the record upon which the action appealed was taken.

   E.   Stay Of Proceedings:

      1.   The appeal shall stay all proceeding and furtherance of the action appealed from unless the building inspector certifies to the committee after the notice of appeal has been filed with him/her that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by restraining order which may be granted by the committee or by court of record on application, with notice to the building inspector, and all due causes shown.

      2.   The committee shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the person appealing and to the officer from whom the appeal is taken. It shall hear and decide the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney.

      3.   The committee may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal is taken.

   F.   Variations: The city council, by ordinance, may authorize, in the manner provided by law, variations from the provisions of this title where there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the provisions of this title relating to the use, construction, alteration of buildings, structures or the use of land. However, no such variation shall be made, except in a specific case and after a public hearing before the committee, pursuant to notice and after a report with findings of fact of the committee, as provided by the laws of this state.

   G.   Rules Governing Variations: No variation shall be allowed:

      1.   To permit a nonconforming use which will materially interfere with the use of adjoining premises in conformity with the regulations applicable to the use district in which it is located.

      2.   To permit a billboard to be erected or maintained.

      3.   To permit a nonconforming use in any residence district, excepting that when there are two (2) or more similar nonconforming uses in the same block, a variation may be allowed:

         a.   To alter or remodel a family residence so as to provide for two (2) dwelling units therein;

         b.   To erect a two-family dwelling in a one-family dwelling; and

         c.   To erect, reconstruct, alter or remodel a building in a one-family district for an apartment.

      4.   To permit a nonconforming manufacturing use in a business district:

         a.   Unless it is an extension of a permitted nonconforming use by enlarging a building or erecting additional buildings as part of one establishment upon a lot or lots adjoining a lot on which such nonconforming use exists; or

         b.   Unless a separate tract, the title of which was of record on the effective date of this title, is divided by a district boundary line, but such variation shall be limited to the use permitted in the adjoining district and shall not be extended more than twenty five feet (25') beyond the district boundary lines.

   H.   Notice: Decisions and recommendations of the committee shall be reached only after a public hearing and after notice has been given by registered mail to the applicant. In addition, notice of the time and place of such public hearing shall be published in a paper of general circulation in the city not less than fifteen (15) days nor more than thirty (30) days previous to the hearing. Such notice shall contain the address or location of the property for which a hearing by the committee is sought, as well as a brief description of the nature of the application. (Ord. 2003-2, 2-3-2003)

   A.   Building Permit; Fee: A building permit must be obtained for any structure that will have a completed structural value of five hundred dollars ($500.00). The value is determined by the cost of new materials times two (2). The permit shall be issued by the building inspector and shall state that the building or structure and the use of land comply with the regulations of this title and all building and health laws and ordinances. A charge of twenty dollars ($20.00) and one dollar ($1.00) per one thousand dollars ($1,000.00) over twenty thousand dollars ($20,000.00) shall be made for each building permit issued. (Ord. 90-3, 9-12-1990 as amended 11-5-1990)

   B.   Application For Permit:

      1.   Requirements For Permit: All applications for building permits shall be accompanied by both a plat and survey of the real estate for which a permit is sought. Both documents shall be submitted in duplicate, drawn to scale, showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots and other such information as may be necessary to provide for the enforcement of these regulations.

In lieu of a survey, the building inspector may, but shall not be required to accept permanent boundary monuments located upon the lot or lots to be built upon. In order for the building inspector to discretionarily rely upon such monuments, such monuments must be of the type and character to be reasonably and historically relied upon.

A careful record of such applications, surveys and plats shall be kept in the office of the building inspector. (Ord. 2012-02, 3-5-2012)

      2.   Sewer System Requirement: No building shall be constructed, and no permit shall be issued for any building on any premises not served by a sewer unless the area of the lot on which such building is to be erected complies with the ordinances relative to septic tanks as to size and condition of soil.

      3.   Term Of Permit: Said permit shall be valid for six (6) months from date of issuance and thereafter shall be null and void unless construction has been started under said permit during said six (6) months' period.

   C.   Use Permit Required: No change shall be made in the use of a building or part thereof now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a use permit having first been issued by the building inspector. No such use permit shall be issued to make such change unless it is in conformity with the provisions of this title or amendments thereto hereafter duly enacted.

   D.   Continuance Of Existing Uses: Nothing in this title shall prevent the continuance of the present occupancy or lawful use of any existing building, except as may be necessary for the safety of life and property, and except as provided in chapter 7, "Nonconforming Uses", of this title. (Ord. 90-3, 9-12-1990 as amended 11-5-1990)

Fees pertaining to petitions for zoning amendments, use permits, certificates of compliance, variations, and for appeals to the parks and zoning committee shall be established by action of the council from time to time. Such fees shall be paid to the clerk, who shall give a receipt therefor. (Ord. 90-3, 9-12-1990 as amended 11-5-1990; amd. Ord. 2003-2, 2-3-2003)

   A.   Submission To Planning Commission; Hearing: Any permanent change in zoning shall first be submitted to the planning commission of the city. The planning commission shall make a recommendation to the city council to either accept or reject the proposed zoning change. Applications for permanent changes in zoning shall be considered at a public hearing before the planning commission, pursuant to the requirements of this title. Said planning commission shall make its findings of fact and recommendations to the city council within thirty (30) days after the public hearing.

   B.   Description Of Change; Time Limit: If any person, partnership, corporation or other entity wishes to have a permanent change in zoning on any property located within the city limits, a description of the particular change in use that is requested is required to be listed on the petition. The person, partnership, corporation or other entity making said request, or his/her or its representatives, assigns or successors in interest shall begin that particular change in use contemplated within six (6) months and shall complete said particular change in use within two (2) years of the date such change is granted, or such change that is granted by the city council will be considered null and void and will revert back to the original zoning that it was before the change was granted by the city council; or, further provided such reversion will not cause undue hardship to such person or other entity making said request, or his/her or its representatives, assigns or successors in interest. (Ord. 90-3, 9-12-1990 as amended 11-5-1990)

   A.   Penalty For Violation: Any person who violates this title or resists the enforcement of its provisions shall, upon conviction, be subject to penalty as provided in section 1-4-1 of this code for each offense. Each day after notification that the violation is permitted to exist shall constitute a separate offense. (Ord. 90-3, 9-12-1990 as amended 11-5-1990; amd. 1997 Code)

   B.   Failure To Obtain Permit Before Construction: If a permit has not been obtained before any construction begins, there will be a penalty of twice the cost of the original permit. (Ord. 90-3, 9-12-1990 as amended 11-5-1990)