This article shall be enforced by the mayor or his designee. It shall be a violation of this article for any person to erect, alter, move or improve any building or structure until a building permit has been obtained under the regulations of this article.

(Ord. No. 2009-23, § 300.01, 1-8-2010)

(a)

Establishment of fee schedule. The city council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, appeals and other matters pertaining to this article, by resolution. The schedule of fees shall be posted in the city administrative office and may be altered or amended only by the city council.

(b)

Fee to be paid in full. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. No. 2009-23, § 300.02, 1-8-2010)

The planning commission was established pursuant to Ordinance No. 2007-05.

(Zoning Ord., § 300.03; Ord. No. 2009-23, § 300.03, 1-8-2010)

(a)

Pursuant to the authority provided in A.C.A. § 14-56-416, the planning commission as a whole shall sit as the board of adjustment. business before the board of adjustment is hereby vested in the planning commission, sitting as a board of adjustment, and the separate board of adjustment existing immediately prior to the effective date of this section is hereby abolished.

(b)

Powers and duties. The planning commission, sitting as the board of adjustment, shall have all powers and duties prescribed by law and by this article, which are more particularly described as follows:

(1)

Appeal of interpretation. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the planning and development department, who has enforcement powers in the enforcement of this chapter. The planning commission, sitting as the board of adjustment, may affirm or reverse, in whole or in part, said decision of the administrative official.

(2)

Variances. To hear and decide requests for variances from the literal provisions of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter.

(3)

Determination of zoning district boundaries. In addition to the powers and duties specified above, the planning commission, sitting as a board of adjustment, shall also have the powers and duties to hold public hearings and to interpret zoning district boundaries where uncertainty exists as to the boundaries of the zoning districts or when the street or property lines existing on the ground are at variance with those shown on the zoning district map.

(Zoning Ord., § 300.04; Ord. No. 2009-23, § 300.04, 1-8-2010; Ord. No. 2011-04, § 300.01, 7-2-2011; Ord. No. 2015-18, § 1, 8-24-2015; Ord. No. 2021-30, § 1, 9-27-2021; Ord. No. 2024-23, § 1(Exh.), 11-25-2024)

Whenever any structure or building is to be erected or structurally altered, including, but not limited to, modular or manufactured structures, a building permit shall be obtained from the mayor or his designee. All plans submitted must be completed by a registered architect or engineer.

(1)

Plans. Every applicant for a building permit shall furnish the following information:

a.

A plot plan, drawn to scale, showing the exact size, shape and dimension of the lot to be built upon;

b.

The exact size and location on the lot of all existing buildings and structures, or the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved;

c.

The size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities;

d.

All easements on the lot.

(2)

Declaration. A declaration of the existing and intended use of each existing and proposed building or structure on the lot, and the number of families and housekeeping units which each existing building is designed to accommodate, and which each existing and proposed building is designed to accommodate, shall be included.

(3)

Additional information. Additional information relating to proposed improvements needed to determine compliance with these regulations shall include but not be limited to topography, utility location, drainage, easements, sewage disposal, and proof of water availability.

(4)

Survey. A survey, prepared by an engineer or surveyor registered in the State of Arkansas, of the boundaries of the lot on which the improvement is proposed to be located, shall be required by the planning commission.

(5)

Filing. A record of such application and plats shall be kept in the city administrative office, and is subject to review by the planning commission.

(Zoning Ord., § 300.05; Ord. No. 2009-23, § 300.05, 1-8-2010)

(a)

General purpose. The purpose of this section is to define the concept of conditional uses, to establish standards by which the planning commission shall evaluate conditional uses, and to set forth procedures for processing conditional uses.

(b)

Description.

(1)

A conditional use is a use that conforms to the intent of the zoning district in which it is located, or the subdivision regulations for a specific area and is generally allowable. The use may represent potential problems, however, with respect to its impact on neighboring property or to the city as a whole. For this reason, it requires a careful review of its location, design, configuration, and spatial impact to determine the desirability of allowing it on a particular site.

(2)

The conditional use process must not allow an applicant to secure a use variance as a means to circumvent the intent of this chapter or chapter 107 of this Code. Building configurations, footprints, and outlines shall be compatible with other uses permitted for the respective district. Whether a proposed use is appropriate in a particular location depends upon a careful evaluation of the impact on the neighborhood and the city. This evaluation shall be done by the planning commission which will weigh conditions and proposed methods to ameliorate those impacts made by the applicant. A conditional use permit is not transferable.

(c)

Table of permitted uses. Where the letter "C" appears for certain uses in the Appendix A—Table of Permitted Uses, the use may be permitted subject to approval by the planning commission of a conditional use permit.

(d)

Procedure.

(1)

Application. An application shall be filed by the property owner or his agent, with the planning and development department in accordance with current policies and procedures. Said application shall be filed pursuant to the Bella Vista development calendar. Such applications shall show the location and intended use of the site and include a general statement as to the intent of the use. Applications may be obtained from the city administrative office. A general graphic representation of what is proposed shall be submitted as well and shall include all the following:

a.

The location, size, and use of buildings, signs, land and improvements;

b.

The location, size and arrangement of parking space, loading space, driveways and street access;

c.

Proposed screening and landscaping along with a topography map;

d.

Drainage and run-off and its effects on each neighboring property;

e.

The use of adjoining property;

f.

A scale indicator, north arrow and vicinity map; and

g.

Any additional information needed by the planning commission because of conditions peculiar to that development.

(2)

Public notification shall occur pursuant to subsections 109-45(d)(1) through (3) before a conditional use application may be reviewed by the planning commission.

(e)

Standards for approval. In carrying out the purpose of this section, the planning commission consideration shall include, but not be limited to, the following development standards and design specifics. Whether these standards are appropriate shall be determined at the discretion of the planning commission for each specific conditional use location:

(1)

The proposed use shall be so designated, located and operated so that the public health, safety and welfare will be protected.

(2)

The proposed land use shall be compatible with other area properties located nearby.

(3)

The proposed use shall be in compliance with the provisions of this section.

(4)

The proposed use shall be in conformance with all applicable provisions stated in this chapter for the district in which the use is to be located. The use shall facilitate public convenience at that location.

(5)

The proposed conditional use shall be in conformance with all off-street parking and loading requirements of this chapter and ingress and egress and pedestrian ways shall be adequate.

(6)

Safeguards limiting noxious or offensive emissions, including lighting, noise, glare, dust and odor shall have been addressed in the proposed use application.

(7)

Landscaping and screening of the proposed use shall be in accordance with ordinance regulations.

(8)

Proposed use signage shall be in accordance with the provisions of section 109-46.

(9)

Open space located on the proposed conditional use, if a nonresidential property, shall be maintained by the owner/developer.

(10)

The size and shape of the site, including size, shape and arrangement of proposed structures shall be in keeping with the intent of this chapter.

(11)

The planning commission shall in no case authorize less than minimum requirements of this chapter relating to height, area, setbacks, parking or landscaping.

(12)

The planning commission shall not permit any use in a zone as a conditional use that is not permitted under this chapter or that defies the intent of that district.

(f)

Amendments. Amendments to a conditional use permit shall follow the same process as the original conditional use procedures.

(g)

Building permit. No building permit shall be issued except in conformance with the provisions of this section.

(Zoning Ord., § 300.06; Ord. No. 2009-23, § 300.06, 1-8-2010; Ord. No. 2010-11, § 300.06, 10-25-2010; Ord. No. 2015-18, § 1, 8-24-2015; Ord. No. 2016-20, § 1, 8-22-2016; Ord. No. 2024-23, § 1(Exh.), 11-25-2024)

A violation of this article shall be deemed a misdemeanor and shall be punishable as set forth in this Code.

(Zoning Ord., § 300.07; Ord. No. 2009-23, § 300.07, 1-8-2010; Ord. No. 2015-18, § 1, 8-24-2015)

(a)

Authority. The city council shall have the authority to enact amendments to the text or map of this chapter in accordance with the provisions of this section. Such action may be initiated by the city council, on the recommendation of the planning commission or on petition from a property owner. Before action is taken in regard to any amendment of the ordinance, the planning commission or its staff, shall review the case and give a recommendation. However, nothing in this section shall be construed to limit the city council's authority to recall the ordinances and resolutions by a vote of the majority of the council.

(b)

Guidelines for decision making. The city council may consider several recommendations and planning documents when attempting to make a decision on the granting of an amendment. Such guidelines may be derived from recommendations from the planning commission or the planning staff; use of provisions of the any existing, master street plan, land use plan, capital improvements plan, or community facilities plan; as well as any other document created to provide required public facilities necessary to protect the public interest. A disapproval by the city council of an amendment shall be final for one year and the same application may not be reinitiated until the expiration of that deadline.

(c)

Procedure for amendments; property owners.

(1)

Application. An application giving the legal description of the property involved and both the current and requested zoning classification for the property shall be submitted to the planning commission by the owner or his agent pursuant to the city development calendar. The petition shall also include a statement and diagram explaining why the proposed changes will not conflict with the surrounding land uses. The owner shall submit a complete written legal description of the property with the application.

(2)

Public notification and hearing. The planning commission shall hold a public hearing on the proposed amendment. Public notification for property owner-initiated zoning ordinance amendments shall occur pursuant to subsections 109-45(d)(1) through (3) before such an application may be reviewed by the planning commission.

(d)

Procedures for amendments; city council; emergency. The city council may act upon a request to amend this article when an emergency exists which threatens the health, safety, welfare, or morals of the citizens of the city. An amendment may be made under this section upon the approval of two-thirds of the entire city council.

(e)

Procedures for amendments; planning commission.

(1)

Initiation. The planning commission may, from time to time, either upon request by one or more of its members, the mayor or his designee, the planning department staff, by direction of the city council, or in the course of its normal planning activities, consider amendments or additions to this chapter.

(2)

Studies. The planning commission shall, by directing the mayor or his designee or on its own, prepare a work program and make studies, including the preparation of maps, to support its decisions regarding possible amendments.

(3)

Revision. If the proposed amendments are not consistent with other city plans, the planning commission shall first consider and adopt any necessary changes to existing city plans.

(4)

Public hearing. The planning commission shall hold a public hearing to consider amendments to this chapter and amendments to any other city plan, if required.

(5)

Notification. Changes in the zoning ordinance initiated by the planning commission shall be considered comprehensive changes affecting the entire city and no individual notifications shall be made. A map indicating the proposed changes shall be available in the mayor's office or at a convenient location designated by the mayor for interested citizens and property owners.

(6)

Planning commission action. Following a public hearing, the proposed plans may be recommended as presented, or in modified form, by a majority of the planning commission.

(7)

City council action. Following the adoption of recommended changes to ordinances or plans, the commission shall certify such to the city council for adoption.

(Zoning Ord., § 300.08; Ord. No. 2009-23, § 300.08, 1-8-2010; Ord. No. 2010-11, § 300.08, 10-25-2010; Ord. No. 2015-18, § 1, 8-24-2015; Ord. No. 2016-20, §§ 2, 3, 8-22-2016; Ord. No. 2024-11, § 1, 4-22-2024)

(a)

Notice of appeal. Any decision by the planning commission regarding a rezoning or conditional use permit may be appealed to the city council. In order to make an appeal, the aggrieved party shall file a notice of appeal with the city clerk within 30 days of the planning commission's final action. The notice of appeal shall be filed on forms and in a format prescribed by the planning commission. As a minimum, however, the applicant shall provide the following information:

(1)

Summary of any reasons provided by the planning commission concerning the decision made in the case;

(2)

Reasons the applicant of the appeal contends that the planning commission erred in its decision;

(3)

Reasons the applicant of the appeal believes that the public health, safety, welfare, and morals would be better served if the planning commission's action were reversed; and

(4)

Any new and pertinent information bearing on the case which may not have been available or have been overlooked by the planning commission or which may have come to light following the meeting at which the planning commission made its decision.

(b)

City council action. Appeals to the city council shall be de novo (brand new); however, they shall first be considered on the record of the public hearing and planning commission meeting at which the original case was heard and the original decision made. Based on this review, the city council may affirm the planning commission's decision, reverse it, or send the case back to the planning commission for further study and re-certification. If new information is placed before the council that, in the opinion of the council, would affect the planning commission's decision, the council may refer the case back to the planning commission for further study, including the new information, and recertification.

(Zoning Ord., § 300.09; Ord. No. 2009-23, § 300.09, 1-8-2010)

(a)

Application.

(1)

Written application. All variance requests shall be made to the board of zoning adjustment pursuant to the Bella Vista development calendar after a decision has been rendered by the planning and development director or his or her designee. Every appeal or application shall refer to the specific provision of the ordinance involved and shall exactly set forth:

a.

The interpretation that is claimed;

b.

The use for which the permit is sought; and

c.

The details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted.

(2)

Scale drawing. Each applicant shall submit, pursuant to the Bella Vista development calendar, a scale drawing showing the requested variance along with all relevant information, including the exceptional condition or situation of the property which causes the exceptional practical difficulty or undue hardship for which relief is being sought.

(3)

Submittal. The appeal or application shall be filed with the planning and development director or his/her designee who shall forthwith transmit to the board all papers constituting the record upon which the action being appealed from was taken.

(4)

Fees. The fee for any appeal or application to the board of zoning adjustment shall be established by the city council and is subject to periodic change. Fees are non-refundable. The mayor may exempt all or part of the applicable fee if the waiver or reduction would serve the public interest, alleviate an unfair burden upon on applicant, or be beneficial to the city as a whole.

(b)

Administrative review of minor modifications.

(1)

Applicability. The planning and development director may grant minor modifications from the requirements of these regulations in compliance with the following standards:

a.

Height of a building may be increased up to ten percent.

b.

In residential zoning districts, front building setbacks may be reduced so long as a minimum of 20 feet is maintained between the right-of-way and the closest point of the structure to provide for adequate vehicular parking.

c.

Size of a permanent sign may be increased up to ten percent.

(2)

Any requests for modifications which exceed the limitations set forth above in subsection (1) and all other requests for modifications of the requirements of these regulations require the filing of a variance in accordance with standards of this section.

(3)

Review.

a.

Upon receipt of a completed minor modification application and the currently adopted fee for such applications, the planning and development director or his/her designee shall review the request and issue a written decision regarding the application.

b.

Findings. The planning and development director or his/her designee may approve and/or modify, in whole or in part, with or without conditions, only after making all of the following findings:

1.

Special circumstances apply to the property such as size, shape, topography, location, or surroundings;

2.

Granting the minor modification will not be detrimental to the public health, safety, or welcome or be injurious to other property or improvements in the vicinity and in the zoning district in which the property is location;

3.

The minor modification does not exceed the standards set for in subsection (b)(1) of this section or allow a use or activity not otherwise authorized by the regulations governing the subject property;

4.

The minor modification is in conformity with the intent and purpose of these regulations; and

5.

The minor modification does not, in any way, alter the applicant's obligation to comply with other applicable statues, ordinances, laws, or regulations.

(4)

Precedents. The granting of a minor modification is not grounds for granting other minor modifications for the same or differing purposes.

(5)

Burden of proof. The applicant bears the burden of proof and must support each of the required findings.

(6)

Exercise of approval. A minor modification must be exercised within 120 days from the date of approval or the minor modification becomes null and void.

(7)

Revocation. The planning and development director or his/her designee may revoke a minor modification if:

a.

The grantee has not substantially exercised the rights granted by the minor modification;

b.

The minor modification was obtained by misrepresentation or fraud;

c.

The applicant ceases or suspends work on the improvements authorized pursuant to the minor modifications for six or more consecutive months;

d.

The improvement authorized pursuant to the minor modification violates any applicable statue, ordinance, law, or regulation;

e.

The improvement permitted by the minor modification is detrimental to the public health, safety, or welfare, or constitutes a nuisance.

(c)

Public notice and hearing. Public notification shall occur pursuant to subsections 109-45(d)(1) and (2) before a variance application may be reviewed by the board of zoning adjustments.

(d)

Findings.

(1)

A variance from the terms of this zoning ordinance shall not be granted until the applicant demonstrates that:

a.

Strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration;

b.

The unique circumstances of the subject property do not result from the applicant's actions; and

c.

The applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance.

(2)

Grounds. Non-conforming use of neighboring lands, structures, or buildings in the same district, nor permitted or non-conforming uses in other districts shall be considered grounds for the issuance of a variance.

(3)

Conditions. In granting any variance, the board of zoning adjustment may prescribe additional appropriate conditions and safeguards that it deems necessary or desirable.

(4)

Violations. Violations 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 zoning ordinance.

(5)

Uses. Under no circumstances shall the board of zoning adjustment grant a variance to allow a use that is not permissible under the terms of this section in the district involved, or any use expressly or by implication prohibited by the terms of this zoning ordinance in said district.

(e)

Effect of appeal. An appeal shall stay all proceedings of the action appealed from, unless the person affected by such appeal certifies to the board of zoning adjustment, that, by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board or a court of record on application, and notice to the person from whom the appeal was taken.

(f)

Time limit on variances. Applicants must start or establish the uses of lands, structures, or buildings within 365 days from the date of approval or the variance will become null and void.

(g)

Appeals from board of adjustment. Any person or persons, or any board, taxpayer, department, board or bureau of the city aggrieved by any decision of the board of zoning adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the State of Arkansas.

(h)

Reconsideration. If a variance request is disapproved, it shall not be reconsidered by the board of zoning adjustment within one year from the date of denial of the variance request. The resubmission must meet all requirements for a variance request and shall be a different variance request.

(Zoning Ord., § 300.10; Ord. No. 2009-23, § 300.10, 1-8-2010; Ord. No. 2010-11, § 300.10, 10-25-2010; Ord. No. 2015-07, § 1, 4-27-2015; Ord. No. 2015-18, § 1, 8-24-2015; Ord. No. 2016-19, § 1, 8-22-2016; Ord. No. 2016-20, § 4, 8-22-2016; Ord. No. 2017-17, § 1(Exh. A), 4-24-2017; Ord. No. 2022-07, §§ 1—3, 5-23-2022; Ord. No. 2022-15, § 1, 8-29-2022; Ord. No. 2023-35, § 1, 6-26-2023; Ord. No. 2024-23, § 1(Exh.), 11-25-2024)

If any portion of this chapter shall be held to be invalid or unconstitutional, the remainder of the chapter shall not thereby be invalid, but shall remain in full force and effect.

(Zoning Ord., § 300.11; Ord. No. 2009-23, § 300.11, 1-8-2010)

The zoning classifications or districts which were in existence before the city was incorporated are hereby converted into the zoning classifications or districts which are created and established herein.

(Zoning Ord., § 300.14; Ord. No. 2009-23, § 300.14, 1-8-2010)

(a)

Timeframe. In calculating the time period for public notification, the day of publishing, posting, or mailing shall be counted toward the total number of days required herein. The day of the hearing shall not be counted toward this total.

(b)

The degree of accuracy required for the information contained in these public notices shall be that of substantial compliance with the provisions of the applicable sections. Substantial compliance for these public notices shall be determined by the planning and development director.

(c)

In the event the applicant does not provide notice as required herein, the requested application may not be considered until all notification requirements are met.

(d)

Public notification and hearing.

(1)

Published notice. The staff of the department of planning and development shall publish a notice of public hearing in a newspaper of general circulation in the city, at least one time, 15 days prior to the hearing. This public notice shall include:

a.

The application type being sought;

b.

The location including legal description and address (if no address is available, a description which is clear to the average lay person will suffice);

c.

The time, date and place of the public hearing;

d.

The property owner's and/or developer's name; and

e.

City contact location where information about the application may be reviewed by interested parties.

(2)

Posted notice.

a.

The staff of the department of planning and development shall post a sign on the property for which the application is being sought at least seven days prior to the date of the public hearing. Additional signs may be required to be posted when multiple street frontages occur on the subject parcel(s).

b.

The sign shall be in plain view of and easily readable from a public or private street.

c.

Such sign shall be clearly visible, unobstructed to the passing general public, and posted on or near the existing front property line.

(3)

Written notice or petition.

a.

The applicant shall be required to notify, by either certified mail (with return receipts) or by petition, all property owners within 200 feet of the boundary of the subject property of his application. Such notifications must occur no less than 15 days prior to the established date of the public hearing. If the applicant is unable to determine the adjacent property owners, the staff of the department of planning and development may assist identifying them.

b.

The written notice or petition shall contain all of the following information:

1.

The application type being sought by the applicant;

2.

The location including legal description and address (if no address is available, a description which is clear to the average lay person will suffice);

3.

The time, date, place, and location of the public hearing;

4.

The property owner's and/or developer's name; and

5.

City contact location where information about the application may be reviewed by interested parties.

c.

When a petition is used instead of certified mail for notifying adjoining owners, it shall also include:

1.

Each adjoining property owner's name and address shall be pre-printed on the petition;

2.

Each signature should be placed on a line next to the respective address; and

3.

Each signature should be followed by the date the signature was attached to the petition;

4.

If multiple individuals are listed as adjacent owners, all owners should be listed separately on the petition, but only one signature for the respective address is required.

d.

The postmarked certified receipts and/or petitions shall be submitted to the staff of the department of planning and development pursuant to the city development calendar along with:

1.

A map showing the location of the property in question as well as the owners within 200 feet of the property; and

2.

A letter from the applicant certifying that the map shows a complete list of those property owners.

(Zoning Ord., § 300.15; Ord. No. 2009-23, § 300.15, 1-8-2010; Ord. No. 2010-11, § 300.06, 10-25-2010; Ord. No. 2015-18, § 1, 8-24-2015; Ord. No. 2016-20, § 5, 8-22-2016; Ord. No. 2024-23, § 1(Exh.), 11-25-2024)

(a)

Unlawful activity. It shall be unlawful for any person to place, erect, repair, replace, alter, or relocate a sign in the city of Bella Vista except in accordance with the provisions of article IX of this chapter. Unless exempted herein, a sign permit must be obtained from the planning and development department before erection, relocation, or altering any sign in the City of Bella Vista.

(b)

Administrator.

(1)

The planning and development department is authorized to process applications for permits and variances, and enforce and carry out all provisions of this article.

(2)

The department is further authorized to establish procedures consistent with this function.

(3)

Department personnel are empowered, upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the city for the purpose of inspection of a sign and its structural and electrical connections and appurtenances to ensure compliance with all applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists.

(c)

Permits.

(1)

Application for a sign permit.

a.

Application. The applicant shall complete the sign permit application provided by the planning and development department.

b.

Fee. The applicant shall pay the fee designated by the city council at time of application.

c.

Drawings. The applicant shall provide a scaled drawing of the sign including sign height, width, depth, area, design, content, color, dimensions, and materials composed of, as well as the design and dimensions of any measures used to support the sign or used to affix the sign to a wall, window or the ground.

d.

Site plan and landscaping. The applicant shall provide a scaled site plan showing the location of the sign on the property or building including street rights-of-way and property lines. For wall signs, building face shall be dimensioned.

e.

Materials list. The applicant shall provide a list of materials used to construct the sign.

f.

Plan. A plan of the landscaped area with the name, quantity, and spacing of plant materials shall be included as a part of the sign permit application.

g.

Additional. Any additional information needed by the planning and development department may be included.

(2)

Review and approval. After a review of the application by the planning and development department shows that the sign meets all requirements including zoning, electrical, and the Arkansas Fire Prevention Code requirements, the applicant shall receive a permit to erect or install the approved sign.

(3)

Expiration. Permanent sign permits issued under the provisions of article IX of this chapter shall become null and void if construction or installation authorized by the permit is not commenced within 30 days from the date of such permit or if the construction or installation is abandoned for a period of 30 days at any time after the construction or installation is commenced. Before any recommencement of construction or installation can begin and be recommended, a permit extension fee shall be paid or a new permit shall be secured for the unfinished portion of the installation as required by the planning and development department.

(4)

Exemptions from permit fees. The mayor may exempt all or part of the applicable permit fees if the reduction or waiver would serve the public interest or be beneficial to the city as a whole.

(5)

Responsibilities of permit applicants.

a.

It shall be the responsibility of the permit applicant or his authorized representative to give notice to the department when an installation is ready for inspection. All work must be ready for inspection before the inspection is requested.

b.

It shall be the responsibility of the permit applicant or his authorized representative to provide ready access to the premises where the requested inspection is to be made.

(6)

Certificate of completion. All permanent signs shall be issued a certificate of completion upon a final inspection by the department reveals that all approved plans have been followed and any conditions of the permit have been completed.

(7)

Extension of permit. The director of planning and development may grant one 30-day extension to the sign permit.

(8)

Successors. Valid sign permits may be assignable to a successor of the business, provided the sign is in conformance with current ordinances.

(9)

Minor alterations. Any alteration in sign locations resulting from unexpected conditions on site must be approved by the planning and development department.

(10)

Revocation of permits. The director of planning and development or designee may revoke a sign permit if a sign is found to be in violation of this chapter.

(d)

Inspections and violations.

(1)

If, upon inspection, a violation of article IX of this chapter exists, the department shall issue a written notice or administrative order to the alleged violator. The notice or order shall specify those sections of article IX of this chapter which the individual may be in violation of, shall state the manner in which to correct the violation, and shall state the timeframe in which to correct the violation.

(2)

If, upon inspection, the department finds that a temporary sign is obsolete, abandoned or structurally, materially, or electrically defective in such a way that it endangers the public or is in violation of the provisions of article IX of this chapter, the department shall issue a written order to the owner of the sign and occupant of the premises, if they are not the same person, stating the nature of the violation and requiring them to remove the sign within three days from the date of the order.

(3)

If, upon inspection, the department finds that a permanent sign is obsolete, abandoned or structurally, materially, or electrically defective in such a way that it endangers the public, the department shall issue a written order to the owner of the sign and occupant of the premises, if they are not the same person, stating the nature of the violation and requiring them to remove the endangerment immediately and to repair or remove the sign within 30 days of the date of the order.

(4)

In cases of emergency, the department may cause the immediate removal of a dangerous or defective sign without notice, and by any means deemed acceptable. Signs removed in this manner must present a hazard to the public safety as defined in the local building or traffic codes.

(5)

In cases of illegal signs placed in the public right-of-way, the department may cause immediate removal of the sign without notification of the owner of the sign.

(e)

Removal of signs by the planning and development department.

(1)

The department may cause the removal of signs for failure to comply with the written orders of removal or repair after following the notification procedures outlined above.

(2)

After removal or demolition of the sign, a notice shall be mailed to the sign owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the department.

(3)

If the amount specified in the notice is not paid within 60 days of the notice, it shall become an assessment as a lien against the property of the sign owner, and will be certified as an assessment against the property together with a ten percent penalty for collection in the same manner as the real estate taxes.

(4)

The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless documented facts to the contrary are brought to the attention of the department, as in the case of a leased sign.

(5)

For purposes of removal, the definition of sign shall include all embellishments and structures designed specifically to support the sign.

(6)

The department may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application.

(f)

Penalties. Any person or entity who fails to comply with the provisions of article IX of this chapter after a notice or administrative order from the department may be subject to a fine of not less than $250.00 nor more than $1,000.00 per week, with each week a violation continues constituting a separate offense.

(Zoning Ord., § 300.16; Ord. No. 2012-12, § 300.16, 11-9-2012; Ord. No. 2015-18, § 1, 8-24-2015; Ord. No. 2024-23, § 1(Exh.), 11-25-2024)