An Administrative Official designated by the City Manager shall administer and enforce this ordinance. He/she may be provided with the assistance of such other persons as the City Manager may direct.

The Enforcing Officer (City Manager or his/her designee) shall have at least one sign, erected on the property to be rezoned (a total area of at least four (4) square feet). Such sign or signs shall, if possible, be located adjacent to streets. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the City Council or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of rezoning, and the telephone number of the public official from whom the dates of the public hearing may be obtained. The erection or continued maintenance of signs shall not be deemed a condition precedent to the granting of any zoning change or the holding of any public hearing.

If the Administrative official finds that any of the provisions of this ordinance are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of land, buildings, or structures or of additions, alterations, or structural changes, discontinuance of any illegal work being done, or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provisions.

No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefore issued by the Administrative Official authorized to issue the same. No building permit shall be issued except in conformity with the provisions of this ordinance and all applicable building codes of the City.

In the MF, S, L, H, I zoning districts and all non-residential uses located in all zoning districts, it shall be unlawful to use, occupy, or reoccupy or permit the use, occupancy, or reoccupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a Certificate of Occupancy has been issued by the Administrative Official stating that the proposed use of the building or land conforms to the requirements of this ordinance. In addition, no change in occupancy of a building, part of a building or land shall be made until after the enforcing officer shall have issued a certificate of occupancy

(1)

In the S, L, H, I zoning districts and all non-residential uses located in all zoning districts, a change in the ownership or name change shall require the issuance of a new certificate of occupancy.

(2)

In the S, L, H, I zoning districts and all non-residential uses located in all zoning districts, any building or structure which is leased or subleased, in separate lease-units, must have a certificate of occupancy issued to such separate lease-unit.

(3)

No nonconforming structure or use shall be maintained, renewed, changed, or extended until a Certificate of Occupancy has been issued by the Administrative Official. The Certificate of Occupancy shall state specifically where the nonconforming use differs from the provisions of this Ordinance, provided that upon enactment or amendment of this ordinance owners or occupants of nonconforming uses or structures shall have three (3) months to apply for Certificates of Occupancy. Failure to make such application within three (3) months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this Ordinance.

(4)

No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a Certificate of Occupancy and the certificate shall be issued in conformity with the provisions of this Ordinance upon completion of the work.

(5)

A temporary Certificate of Occupancy may be issued by the Administrative Official for a period not exceeding three (3) months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards to protect the safety of the occupants and the public.

(6)

The Administrative Official shall maintain a record of all Certificates of Occupancy, and copies shall be furnished upon request to any person.

(7)

Failure to obtain a Certificate of Occupancy shall be a violation of this Ordinance and punishable under Section 6.9 B, Complaints Regarding Violations, of this Ordinance.

(8)

The Administrative Official shall issue a Certificate of Occupancy, and said certificate shall be required before any person, persons, corporation, association, etc., shall commence operation of any business within any classification under this Ordinance, whether same is within said zoning permitted or be by nonconforming use. Prior to the issuance of said certificate, said person, persons, corporation, association, etc., shall file an application in writing with the Building Official setting forth the purpose of use of the premises party responsible, and fee simple owner of said premises and shall charge a fee as established by the City Council by resolution. Said certificates will be issued only after the Administrative Official is satisfied that the occupancy will not be detrimental to the welfare of the general public.

Building Permits or Certificates of Occupancy issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use, arrangement, or construction or variance with that authorized shall be deemed a violation of this ordinance and punishable as provided by 6.9 B, Complaints Regarding Violation, hereof.

No building permit will be issued for any building, which is constructed across existing lot lines unless a replat is filed and approved in accordance with the applicable regulations of the City of Bedford.

All questions of interpretation and enforcement shall be first presented to the administrative official, and such questions shall be presented to the Board of Adjustment only on appeal from the decision of the administrative official. Recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law.

The duties of the City Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Ordinance.

Under this Ordinance the City Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this Ordinance, as provided by law, and of establishing a schedule of fees and charges as stated in Section 6.3, Procedures for Change and Amendments.

If such proposed amendment, supplement, or change has been denied by the Planning and Zoning Commission, or if a protest against such proposed amendment, supplement, or change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change, or of all of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, such amendment shall not become effective except by a three-fourths (3/4) vote of the members of the City Council of the City of Bedford. Petitions must be filed in the Office of the City Secretary by the Friday prior to the Public Hearing by the City Council.

Any person or corporation or group of persons owning an interest in any real property, upon proof of such interest, may petition the governing body for a change or amendment to the provisions of this Ordinance or the Planning and Zoning Commission or the City Council may, on its own motion, institute proposals for change and amendment in the public interest. All petitions for the amendment of this ordinance shall bear the signature of the owners of all property within the area of request.

The City Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or regulations herein. Before taking action on any proposed amendment, supplement, or change the City Council shall submit the same to the Planning and Zoning Commission for its recommendation and report.

The following procedure will be followed to amend, supplement, or change the Zoning Ordinance for the City of Bedford:

(1)

The Planning and Zoning Commission, or a committee thereof, shall hold a public hearing on any application for any amendment, supplement, or change prior to making its recommendation and report to the City Council. Written notice of all public hearings before the Planning and Zoning Commission, or a committee thereof, on a proposed amendment, supplement, or change shall be sent to all owners of real property lying within two hundred (200) feet of the property for which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved City tax roll.

(2)

An Official Public Hearing shall be held by the City Council before adopting any proposed amendment, supplement, or change. At least fifteen (15) days notice of the time and place of such hearing shall be published in the official newspaper of the City of Bedford.

(3)

EXPIRATION OF APPLICATION FOR REZONING- In the event that the Commission has recommended against a proposed amendment, supplement, change, or modification in the boundaries of any zoning district, and such amendment or change has not been approved by the City Council as provided, such proposed amendment, supplement, change, or modification shall neither be submitted nor considered for recommendation by the Commission prior to the expiration of six (6) months from the date of the order of decision by the City Council against such zone change, unless conditions pertaining to property considered in the original application and/or property in the area have, in the opinion of the Planning and Zoning Commission, changed to such an extent as to justify a subsequent application prior to the expiration of six (6) months from the date of the original order or decision of the Planning and Zoning Commission.

In the event that the Commission has recommended against a proposed amendment, supplement, change or modification in the boundaries of any zoning district, and such amendment or change has not been approved by the City Council as provided, such proposed amendment, supplement, change, or modification shall neither be submitted nor considered for recommendation by the Commission prior to the expiration of six (6) months from the date of the order of decision by the City Council against such zone change, unless conditions pertaining to property considered in the original application and/or property in the area have, in the opinion of the Planning and Zoning Commission changed to such an extent as to justify a subsequent application prior to the expiration of six (6) months from the date of the original order or decision of the Planning and Zoning Commission.

A Board of Adjustment is hereby established, which shall consist of five (5) members and two (2) alternate members, who shall be appointed by the City Council. Members must have resided within this city for twelve (12) consecutive months preceding the appointment. The term of office of said members shall be two (2) years. The board shall designate one (1) member as Chairman and one as Vice-Chairman. After the appointment of the original members thereof, all vacancies occurring on the Board of Adjustment shall be filled by appointment of the City Council. Members of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after a public hearing. Vacancies shall be filled by resolution of the City Council for the unexpired term of the member affected. Each alternate member shall serve a term of two (2) years and shall serve as a member of the Zoning Board of Adjustment in the absence of the regular members.

(Ord. No. 21-3316, § 2, 9-28-21; Ord. No. 22-3336, § 2, 3-22-22)

The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this Ordinance. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The Chairman, or in his/her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed in the office of the board.

Appeals to the Board of Adjustment concerning interpretation or administration of this Ordinance may be taken by any person aggrieved or by any officer or bureau of the governing body of the City affected by any decision of the administrative official.

Notwithstanding the foregoing, only the following persons may take an appeal to the Board of Adjustment concerning interpretation or administration of this Ordinance where such interpretation or administration is related to a specific application, address, or project:

(1)

a person who:

a.

filed the application that is the subject of the decision;

b.

is the owner or representative of the owner of the property that is the subject of the decision; or

c.

is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision; or

(2)

any officer, department, board, or bureau of the municipality affected by the decision.

Any such appeals shall be taken within twenty (20) days after the date the decision is made. The administrative official shall forthwith transmit to the board all papers constituting the record upon which the action appealed form was taken.

The Board of Adjustment shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same at the next meeting for which notice can be provided following the hearing and not later than the 60th day after the date the appeal is filed. At the hearing, any party may appear in person or by agent or attorney.

(Ord. No. 21-3316, § 3, 9-28-21)

An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him that, by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the administrative official from whom the appeal is taken, and on due cause shown.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative officials in the enforcement of this Ordinance.

Conditions Governing Applications and/or Procedures - To hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are granted, and to grant special exceptions with such conditions and safeguards as are appropriate under this Ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this Ordinance.

(1)

A special exception shall not be granted by the Board of Adjustment unless and until:

a.

Written application for a special exception is submitted indicating the section of this Ordinance under which the special exception is sought and stating the grounds on which it is requested.

b.

Notice of a public hearing shall be as follows:

1.

Notice advertising the time, date and place of the public hearing and containing a summary of the request published in the newspaper of record 15 days before the public hearing.

2.

A sign posted on the subject property indicating the time, date, and place of the public hearing and containing a summary of the request at least 10 days before the scheduled public hearing.

3.

Notice advertising the time, date, and place of the public hearing and containing a summary of the request shall be mailed out to all property owners within 200 feet of the subject property.

c.

The public hearing shall be held. Any party may appear in person or by agent or attorney.

d.

The Board of Adjustment shall make a finding that it is empowered under the section of this Ordinance described in the application to grant the special exception, and that granting of the special exception will not adversely affect the public interest.

(2)

In granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Ordinance and punishable under Section 6.9, Penalties for Violation of this ordinance. The Board of Adjustment shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception.

(Ord. No. 21-3316, § 4, 9-28-21)

To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until:

(1)

A written application for a variance is submitted demonstrating:

a.

That the variance is not contrary to the public interest;

b.

That due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship;

c.

That by granting the variance the spirit of the ordinance is observed; and

d.

That substantial justice will be realized by granting of the variance.

(2)

Notice of public hearing shall be given as in Section 6.5.B.(1) above.

(3)

The public hearing shall be held. Any party may appear in person, by agent, or by attorney.

(4)

The Board of Adjustment shall make findings that the requirements of this Section 6.5.C have been met by the applicant for a variance.

(5)

The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

(6)

The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(7)

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Section 6.9 Penalties for Violation of this ordinance.

Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved or any use expressly or by implication prohibited by the terms of this ordinance in said district.

(Ord. No. 21-3316, § 5, 9-28-21)

In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination to that end shall have powers of the administrative official from whom the appeal is taken.

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variation in the application of this ordinance.

In the event that the Zoning Board of Adjustment has denied a variance or special exception, a Board member who voted on the prevailing side of the motion may move to reconsider the case at a regularly scheduled meeting of the Board within sixty (60) days of the denial. The motion to reconsider only requires a simple majority vote of the Board; however, any subsequent motion to approve a variance requires the four (4) affirmative votes as described above.

In the event that the Zoning Board of Adjustment has denied a variance or special exception, the same request shall not be resubmitted for approval by the Zoning Board of Adjustment prior to the expiration of six (6) months from the date of the denial, unless conditions pertaining to request and/or property in the area have, in the opinion of the Planning and Community Development Director, changed to such an extent as to justify a subsequent application prior to the expiration of six (6) months from the date of the original denial. If the Planning and Community Development Director determines that a variance or special exception request has been modified sufficiently to be deemed a new and different case than the one denied, there is no waiting period for reapplication or reconsideration of a different request on the same property as a previous denial.

Any person or persons, or any board, taxpayer, department, board or bureau of the City aggrieved by any decision of the Board of Adjustment may seek review by a court of record of such decision in the manner provided by the laws of the State.

All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed insofar as the same are in conflict with the provisions hereof.

Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.

Any person who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not less than ten (10) dollars nor more than the amount allowed to be imposed under state law. Each day such violation continues shall be considered a separate offense.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrative official. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this Ordinance.

The City Council shall establish a schedule of fees, changes, and expenses, and a collection procedure, for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this Ordinance. The schedule of fees posted in the office of the administrative official and may be altered or amended only by the City Council.

No permit, certificate, special exception, or variance shall be issued unless or until such costs, changes, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Adjustment unless or until preliminary charges and fees have been paid in full.