The Zoning Administrator, who shall be appointed by the Mayor, shall:

   (A)   Administer and enforce the provisions of this chapter in accordance with its literal terms and shall have the power not to permit any construction or any use or change of use which does not conform to this chapter.

   (B)   Issue improvement location permits and occupancy permits.

   (C)   Maintain a permanent file of all improvement permits, occupancy permits, and applications as public records.

   (D)   Identify and register all nonconforming uses. A nonconforming use certificate shall then be issued to the owner of the use or structure.

(Ord. 28-1984, passed 8-14-84)

   (A)   An improvement location permit shall be obtained before any person may do any of the following.

      (1)   Occupy or use the land.

      (2)   Construct, reconstruct, move, alter, or enlarge any structure.

      (3)   Change the use of a structure or land to a different use.

      (4)   Change a nonconforming use.

   (B)   Applications for an improvement location permit shall be accompanied by a site plan and a filing fee established by resolution of the Common Council. Site plans for one- and two-family homes shall show the location, dimensions, and nature of any structure or structures involved and such other information as the Zoning Administrator may require for administration of this chapter. Site plans for all other uses shall comply with the provisions set forth in § 155.039.

   (C)   Improvement location permits shall become null and void one year from the date of issue. If the work described in the improvement location permit has not been substantially completed by the expiration of this time, no further work may proceed unless and until a new improvement location permit has been obtained.

   (D)   Within 30 days after the receipt of an application, the Zoning Administrator shall either approve or disapprove the application in conformance with the provisions of this chapter.

   (E)   One copy of the plans shall be returned to the applicant by the Zoning Administrator after the Plan Commission has certified the copy either as approved or disapproved. The original and one copy of the plans, similarly marked, shall be retained by the Zoning Administrator. If an application for an improvement location permit is disapproved, the Zoning Administrator shall state the reasons for disapproval in writing and shall deliver the notice of refusal to the applicant.

   (F)   If approved, the Zoning Administrator shall issue a placard to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this chapter.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   Prior to occupancy of land or structure for which an improvement location permit was issued, an occupancy permit must be obtained to insure full compliance with the terms of the improvement location permit.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   The Common Council may amend this chapter as proposed by a member of the Common Council, the Plan Commission, or by the owners of 50% or more of the area involved in the petition. No amendment which has not originated with the Plan Commission may be acted upon by Council until the Plan Commission, in accordance with law, has reviewed the proposal and made a recommendation to the Common Council in writing.

   (A)   In its review, the Plan Commission shall make a determination as to whether the proposed amendment is in conformance or conflict with the goals of the city’s comprehensive plan. The Plan Commission shall also make findings of fact based upon evidence presented to it with respect to the following matters.

      (1)   Existing and proposed uses of land in the general area, and the impact of the proposed amendment on the character of the uses.

      (2)   The trend of development in the general area, including density, traffic conditions, conservation of property values, and availability of public services.

      (3)   The effect of the proposed amendment on implementing the policies of the comprehensive plan.

      (4)   The highest and best use of the property in question.

   (B)   Following receipt of a written recommendation and findings of fact from the Plan Commission, the Common Council shall act on the amendment within a reasonable period of time. If the Common Council rejects or amends the amendment report, then it shall be returned to the Plan Commission for its consideration with a written statement of the reasons for its rejection or amendment.

   (C)   In the event the report of the Plan Commission is adverse to a proposed amendment, the amendment shall not be passed except by an affirmative vote of at least two- thirds of the members of the Common Council. If a proposed amendment is rejected by the Common Council, it shall not be reconsidered until the expiration of one year after the date of its original rejection by the Plan Commission.

   (D)   Prior to annexation of any lands to the city, the Plan Commission shall undertake a survey of existing land use and develop a proposed zoning map for the land being considered. This study, if accepted in accordance with established procedures for public review, shall be incorporated as an amendment to the city’s comprehensive plan and this chapter as an integral part of the annexation procedure.

(Ord. 28-1984, passed 8-14-84)

   In accordance with law, the Mayor shall appoint and organize a Board of Zoning Appeals, which Board shall adopt rules to govern its procedure. The Board shall have the functions, powers, and obligations specifically granted by law with respect to review of petitions for special exceptions, variances, and appeals from the decisions of the Zoning Administrator. The Board shall conduct hearings and render decisions in writing all as required by law. An advertising deposit and filing fee shall be charged in accordance with a schedule affixed by resolution for any appeal or proceeding filed with the Board of Zoning Appeals.

(Ord. 28-1984, passed 8-14-84)

   The Board of Zoning Appeals may authorize in specific cases the variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done.

(Ord. 28-1984, passed 8-14-84)

   Applications and petitions filed pursuant to the provisions of this chapter shall be accompanied by a filing fee and, when appropriate, an advertising deposit. Fees and deposits shall be affixed by resolution of the Common Council, and a schedule shall be kept on file in the office of the Zoning Administrator.

(Ord. 28-1984, passed 8-14-84)

   Whenever demolition is to occur, the owner of such structure shall post with the Clerk-Treasurer a bond equivalent to $1,000. The bond shall be released at such time as the demolition is completed to the satisfaction of the Zoning Administrator.

(Ord. 28-1984, passed 8-14-84)