Except as otherwise provided in this chapter the Zoning Administrator is hereby given the duty, power and authority to enforce the provisions of this chapter. The Mayor, with the consent of the Council, shall appoint the Zoning Administrator and any other employees as he or she deem necessary to assist in the enforcement of this chapter.

(1960 Code, § 60-10-1)

   (A)   The Zoning Administrator is hereby authorized and directed to administer and enforce the provisions of this chapter.

   (B)   This broad responsibility encompasses, but is not limited to, the following specific duties:

      (1)   To review and pass upon applications for initial and final certificates of zoning compliance;

      (2)   To inspect land, structures, and uses to determine compliance with this chapter and, where there are violations, to initiate appropriate corrective action;

      (3)   To review and forward to the Zoning Board of Appeals all applications for variances, appeals and amendments;

      (4)   To review and forward to the Zoning Board of Appeals all applications for special use permits;

      (5)   To maintain up-to-date records of this chapter including, but not limited to, district maps, certificates of zoning compliance, special use permits, temporary use permits, variances, interpretative decisions of the Board of Appeals, amendments and all applications related to any of these matters;

      (6)   To periodically review the provisions of this chapter to determine whether revisions are needed, and to make recommendations on these matters to the Zoning Board of Appeals;

      (7)   To provide information to the general public on matters related to this chapter; and

      (8)   To perform such other duties as the Council may, from time to time, prescribe.

(1960 Code, § 60-10-2) (Ord. 396, passed - -)

   Upon the effective date of this chapter, no lot shall be created, no land shall be developed, no new use or structure shall be established or erected, and no existing use or structure shall be enlarged, extended, altered, relocated or reconstructed until an initial certificate of zoning compliance has been issued. The Administrator shall not issue an initial certificate of zoning compliance unless, following consultation with technically qualified persons as necessary, he or she determines that the proposed work conforms to the applicable provisions of this chapter.

(1960 Code, § 60-10-3)

   (A)   General. Every applicant for an initial certificate of zoning compliance shall submit to the Administrator, in graphic and/or narrative form, all the items of information listed below that are applicable to the particular project. The Administrator shall decide which items are applicable.

   (B)   Items of information.

      (1)   Name and address of applicant;

      (2)   Name and address of the owner or operator of the proposed structure or use, if different from division (B)(1) above;

      (3)   Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and similar matters;

      (4)   Location of the proposed use or structure, and its relationship to existing adjacent uses or structures;

      (5)   Area and dimensions of the site for the proposed structure or use;

      (6)   Existing topography of the site (U.S.G.S. ten-foot contour data is acceptable), and proposed finished grade;

      (7)   Existing and proposed screening, landscaping and erosion control features on the site, including the park area;

      (8)   Height and setbacks of the proposed structure;

      (9)   Number and size of proposed dwelling units, if any;

      (10)   Location and number of proposed parking/loading spaces and access ways;

      (11)   Identification and location of all existing or proposed utilities, whether public or private; and/or

      (12)   Any other pertinent information that the Administrator may require.

(1960 Code, § 60-10-4)

   (A)   Initial certificates of zoning compliance shall be valid for one year, or until revoked for failure to abide by a corrective action order.

   (B)   The Administrator may renew initial certificates of zoning compliance for successive one-year periods upon written request; provided, the applicant is making a good faith effort to complete the authorized work.

(1960 Code, § 60-10-5)

   Upon the effective date of this chapter, the Building Commissioner shall not issue any building permit for the erection, enlargement, extension, alteration or reconstruction of any structure unless the applicant for such permit presents to the Commissioner a copy of the initial certificate of zoning compliance pertaining to such work.

(1960 Code, § 60-10-6)

   No lot or part thereof recorded or developed after the effective date of this chapter, and no structure or use, or part thereof, that has been erected, enlarged, altered, relocated or reconstructed after the effective date of this chapter shall be used, occupied or put into operation until a final certificate of zoning compliance has been issued. The Administrator shall not issue a final certificate of zoning compliance until he or she has determined, by inspection that the work authorized by the initial certificate of zoning compliance has been completed in accordance with approved plans. Failure to obtain a final certificate of zoning compliance shall constitute a separate violation of this chapter.

(1960 Code, § 60-10-7)

   Whenever the Zoning Administrator finds, by inspection or otherwise, that any lot, structure or use, or work thereon, is in violation of this chapter, he or she shall so notify the responsible party, and shall order appropriate corrective action.

(1960 Code, § 60-10-8)

   The order to take corrective action shall be in writing and shall include:

   (A)   A description of the premises sufficient for identification;

   (B)   A statement indicating the nature of the violation;

   (C)   A statement of the remedial action necessary to effect compliance;

   (D)   The date by which the violation must be corrected;

   (E)   A statement that the alleged violator is entitled to a conference with the Administrator if he or she so desires;

   (F)   The date by which an appeal of the corrective action order must be filed, and a statement of the procedure for so filing; and

   (G)   A statement that failure to obey a corrective action order shall result in revocation of the certificate of zoning compliance and may result in the imposition of fines.

(1960 Code, § 60-10-9)

   A corrective action order shall be deemed properly served upon the owner, occupant or operator of the offending lot, structure or use if it is:

   (A)   Served upon him or her personally;

   (B)   Sent by registered mail to his or her last known address; or

   (C)   Posted in a conspicuous place on or about the affected premises.

(1960 Code, § 60-10-10)

   Whenever any work is being done in violation of an initial certificate of zoning compliance, the Administrator’s corrective action order may state that the violation must cease immediately. (See § 162.498 of this chapter.) In such case, the corrective action order is equivalent to a stop order.

(1960 Code, § 60-10-11)

   Notwithstanding any other provisions of this chapter, whenever the Administrator determines that any violation of this chapter poses an imminent peril to life or property, he or she may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition.

(1960 Code, § 60-10-12)

   Whenever any violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Administrator. The Administrator shall record such complaints, immediately investigate and, if necessary, institute appropriate corrective action.

(1960 Code, § 60-10-13)

   The following fees shall be charged by the city and paid in full to the Administrator before permits are issued and hearings scheduled.

      (1)   A fee of $500 shall be paid for each application (i.e. special use, use variances, amendments) that require a public hearing before the Zoning Board of Appeals. A fee of $250 shall be paid for each application that requires a public hearing for an area/bulk variance and appeals.

      (2)   In addition to the above flat fee, the applicant shall pay an additional $10 for each abutting property owner that is required to receive public notice of the zoning case. This fee shall be computed by the Zoning Administrator and paid prior to the case being advertised.

(1960 Code, § 60-10-15) (Ord. 7537, passed 10-3-2011; Ord. 9115-2022, passed 12-19-2022; Ord. 9351- 2024, passed 12-2-2024)

   (A)   Statement of purpose. It is the purpose of this section to regulate the safe, orderly and attractive development of single- and two-family homes, townhouses, rowhouses and condominiums, multi-family, commercial and industrial land uses within the city, to conserve and enhance property values, to preserve adequate space for vehicular and transportation facilities usually associated with such uses and to provide for effective traffic movement without congestion and hazards and to provide for effective storm water management and control. It is the purpose of this section to assure that public utilities and services are provided in a safe and healthful manner, consistent with applicable regulations and standards. It is the further purpose of the section to recognize, in the planning for and of specific land uses, the densities and uses of adjacent land and the health, safety, morals, appearance and general welfare of the community. In order to achieve the aforementioned objectives, and to encourage imaginative use of land areas, certain modifications of the strict adherence of these requirements are provided for where deemed by the City Council, after seeking the recommendation of the city's Plan Commission and Zoning Board of Appeals, to be in the public interest.

   (B)   Any person, corporation, firm or other organization or association filing a zoning petition seeking any authorization under this chapter, or any person, corporation, firm or other organization or association making application for a building permit, shall submit to the Director of Economic Development and Planning and the City Engineer for review and approval a site plan prepared by a registered architect, registered professional engineer or a licensed land surveyor licensed in the state to practice as such. The Director of Economic Development and Planning and the City Engineer may accept a preliminary plat as a substitute for the site plan required hereunder. The Planning Commission shall review and make recommendations to the City Council plans where one or more buildings are to be erected on a single lot except as follows:

      (1)   Single-family detached or two-family residential dwellings, including associated garages.

      (2)   Non-residential accesory buildings.

      (3)   Additions to existing non-residential buildings where the addition is less than 10% of the existing building's gross floor area, the addition does not exceed 5,000 square feet, no new curb cuts are required and where new construction does not reduce existing parking.

      (4)   Improvements which require changes to site topography which do not constitute a substantive change as determined by the Director.

      (5)   Except as exempted above, the Planning Commission shall review the site plan and recommend it be considered by City Council.

      (1)   Site plan application;

      (2)   Present record owner of the tract;

      (3)   Location map showing the location of the property reference to government survey section lines and major streets, north arrow and engineer's scale;

      (4)   Location of all existing and proposed buildings, structures, utilities, drives, approaches, parking and other prominent physical features on the site;

      (5)   Boundary of the entire tract by courses and distances and adjacent streets, alleys, drainage facilities and public utilities;

      (6)   Area of tract;

      (7)   Zoning of the tract, subdivision name, lot number, and zoning of adjacent parcels where different than site;

      (8)   All zoning setback requirements and sight lines;

      (9)   Name, address, telephone number of person or firm submitting the plan;

      (10)   Seal of architect, engineer or land surveyor preparing the site plan;

      (11)   Proposed use of the building and its construction type and distance from adjacent property lines;

      (12)   Size in square feet, and use for each building, including the height(s) of each building;

      (13)   Off-street parking calculation table including number, those designated for the handicapped;

      (14)   Width and layout, including elevations, of all streets, alleys and public rights-of-way adjoining the tract;

      (15)   Existing and proposed storm water runoff patterns and flows including calculations of flow and adequacy of receiving storm water gathering facilities to accommodate calculated increase of rate of runoff without adverse effect;

      (16)   Location of existing public utility easements and facilities, proposed public utility easements and facilities and their dimensions as may be required;

      (17)   Layout, arrangement and specifications for paving and base, off-street parking spaces, aisles and drives, pedestrian walks and walkways, drainage, lighting, signs and traffic control, safety islands, parking bumpers, curbs and gutters, fencing and screening and landscaping. Dimensional requirements for stall widths and depths, aisle widths, drive widths, radii, sidewalks and walkways, sight lines, setback and the like shall conform with regulations of the chapter;

      (18)   Layout, location and dimensional arrangement of poles, fire hydrants, Siamese connections, water valves, catch basins, underground piping and conduits, lighting fixture standards, retaining walls, pump islands, signs, doorways, window wells, waste receptacles or areas, guy wires, storage sheds or areas, fencing and any other structure, facility or feature that might interfere with the safe and orderly movement of motor vehicles and/or pedestrians;

      (19)   The locations, size, layout and type of entrances and driveways;

      (20)   Location and width of all sidewalks, crosswalks and safety islands and conformance with the ANSI Standard A 117.1 for making facilities accessible to, and usable by the physically handicapped (AAA minimum standards);

      (21)   Fencing, screening, and/or walls to be erected; specifications, locations, dimensions, height;

      (22)   Topography, existing and proposed, indicating area of excavation, backfill and grading, slopes to be maintained and earth work specifications;

      (23)   Disposition of storm water runoff from buildings, paved areas, and ground surfaces and indicating surface grades and elevations, catch basins, underground storm drains and their grades and elevations outfalls, headwalls, and specifications and drainage calculations;

      (24)   All public utilities and their easements indicating sizes, lines, grades and types/ specifications all conforming to the appropriate city codes;

      (25)   Existing and proposed landscape planting, clearly identified, showing locations, type and size;

      (26)   All site plans for staff review shall be drawn to an appropriate scale on a sheet or sheets whose dimensions do not exceed 24 inches by 32 inches; a sufficient number 11x17 and electronic copies for Planning Commission and City Council shall also be provided;

      (27)   Architectural elevations to appropriate scale;

      (28)   Site plans for residential lots in zoning classifications can be exempted from the requirement for preparation under a professional seal, but they shall be suitable for the purpose intended and as determined by the Director of Economic Development ancl Planning; and

      (29)   Approval of City Council-approved site plans shall be null and void unless recorded within 30 days of approval, unless a written request for extension of time is submitted and approved.

   (E)   Refuse disposal enclosures. All refuse, grease containers and compacting equipment shall be stored within a designated refuse enclosure. The container lids shall be kept closed at all times. The enclosure shall be used strictly for the confinement of refuse, grease containers and compacting equipment and shall not be used for the outside storage of any other materials or equipment. The gate shall be maintained in the closed position, except when the enclosure contents are removed and replaced. Maintenance of the enclosure shall be the responsibility of the owner of the property. All new disposal enclosures shall require a permit. Disposal enclosures shall be required for all multi-family residential buildings containing four or more dwelling units, all buildings in the commercial districts and all buildings in the industrial districts. Said enclosures shall be required for only new construction and for properties on which the building size has been increased by 50%. In the event that three citations are issued for a nuisance for any dumpster, within any one-year period, the owner of the property on which the dumpster is located shall comply with the requirement set forth in this division (E) within one year of the date of the citation was issued.

         (a)   A site plan prepared in accordance with the provisions outlined herein, as well as enclosure plans and specifications and a building permit application shall be required to be approved before the construction of a new disposal enclosure.

         (b)   All enclosures shall screen from view on three sides all refuse disposal areas. Construction of the enclosure shall be of low-maintenance sight-proof materials such as a solid commercial grade wood, composite wood, stone, brick, vinyl or other approved material as determined by the Building Commissioner or his or her designee. The materials of which the enclosure is constructed shall conform to the primary building materials of the principal building on the lot. The materials of which the enclosure is constructed shall conform to the primary building materials of the principal building on the lot.

         (c)   On the fourth side a gate shall be constructed so that all containers may easily be removed and replaced when emptied. The gate shall be secured with a post that inserts into a pipe embedded into the pavement to ensure the gate's stability and proper placement when closing. The gate shall be constructed of low maintenance sight proof materials such as vinyl, composite wood, chain link vinyl/composite wood slats added to effectively screen the dumpster.

         (d)   The enclosure walls shall not exceed seven feet, nor be less than six feet in height. The minimum size and/or minimum number of refuse enclosures shall be sufficient to hold all refuse and recycling containers of two cubic yards in volume or more, and grease containers of any size.

         (e)   There shall be three four-inch concrete bollards, minimum 36 inches in height placed inside the back wall of the enclosure to ensure that the enclosure is not damaged by the placement of the dumpster too near the wall.

         (f)   There shall be four latch-pin receivers located so that the gate is able to be held in the open and closed position.

         (g)   The enclosure shall be constructed on a concrete pad four inches thick and large enough to extend six feet beyond the enclosure to allow the wheels of the collection vehicle to rest upon a stable surface for service which shall be a minimum of six inches thick concrete and to prevent damage to the lot.

         (h)   The minimum access required shall be the amount of road area needed for a standard size disposal truck to gain access to and from the disposal area.

         (i)   Any existing enclosure that becomes damaged to an extent determined by the Building Commissioner or his or her designee must be replaced in conformance with the provisions of this section.

(1960 Code, § 60-10-16) (Ord. 6138, passed 5-1-2000; Ord. 7174, passed 8-18-2008; Ord. 7200, passed 11-3-2008; Ord. 7527, passed 10-3-2011; Ord. 8039-2017, passed 4-3-2017; Ord. 9124-223, passed 2-6-2023) Penalty, see § 162.999