This Article describes the individuals and commissions responsible for administering this Chapter, enforcement and application procedures and submittal requirements.

(Ord. 94-11 §1, 1994)

This Article establishes and prescribes the basic duties and operating procedures of the administrative entities responsible for administering and enforcing this Chapter.

(Ord. 94-11 §1, 1994)

There is hereby established the office of Planning Director. The Planning Director shall be appointed by the City Manager and shall be charged with the responsibility for interpretation of and enforcement of this Chapter. In the absence of a Planning Director, the City Manager, or his or her designee, shall be charged with the administration and enforcement of this Article.

(Ord. 94-11 §1; Ord. 98-33 §15)

There is hereby established the office of Chief Building Official. The Chief Building Official, under the direction of the Planning Director, shall have duties including the inspection of plans, structures and site improvements for compliance with the provisions of this Chapter and for issuance of permits for building construction and site improvements, conditional use permits, sign permits, certificates of occupancy and other duties as herein authorized. In meeting the responsibilities of the above duties, the Chief Building Official may solicit the assistance of other City officials, other agencies or consultants as deemed necessary.

(Ord. 94-11 §1)

(a)

Appointment of the Board of Appeals. In accordance with the powers and authority of the Charter, the Board of Aldermen establishes a Board of Appeals of the City. The individual members of the Board of Aldermen are hereby appointed to the Board of Appeals. The Board of Appeals sitting as such is hereinafter referred to as the Board of Appeals or the Board. The Board shall elect from its membership a Chairman, Vice-Chairman and such officers as it may deem necessary at its first meeting during each calendar year. The City Clerk shall be responsible for recording and keeping of the minutes of the meetings.

(b)

Powers. The Board of Appeals shall have the following powers:

(1)

To hear and decide appeals from and review any order, requirement, decision or determination made by any administrative official of the City or the Board of Aldermen charged with the enforcement of this Chapter. The Board may 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 as in its own opinion ought to be made in the premises and to that end has all the power of the official from whom the appeal is taken.

(2)

To vary or modify the application of this Chapter, relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of this Chapter is observed, public safety and welfare secured and substantial justice done, when the strict application of this Chapter will deprive a property of the privileges enjoyed by other property of the same zoning classification in the same zoning district because of special circumstances applicable to a property, including its size, shape, topography, location or surrounding.

(3)

The Board shall not have the power to change this Chapter or to change the Zoning District Map of the City.

(4)

The majority vote of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any City administrative official, or to decide in favor of the applicant any matter upon which it is required to pass, or to grant any application for a variance.

(c)

Meetings. Meetings may be called by the chairperson by giving written notice forty-eight (48) hours prior to the commencement of the meeting to all Board members, the Mayor, the Chief Building Official, the applicant or appellant and all persons filing a written protest or statement of opposition prior to the issuance of notice. All meetings shall be posted and open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, such fact shall be indicated. The Board shall keep records of its findings and official actions, which shall be filed as soon as practicable in the City Hall and which shall be open to public inspection. The concurring vote of three (3) members of the Board shall be necessary for a motion of the Board to be approved or denied.

(Ord. 94-11 §1; Ord. 98-33 §17; Ord. 98-60 §1; Ord. 2002-38 §1)

(a)

Purpose. The Black Hawk Historic Home Program is established in order to preserve the historic character and structure of the homes in the City.

(b)

The City Council shall have the authority to jointly manage and implement the program consistent with the goals of the program as provided in this Section and the guidelines of the program as adopted and amended from time to time by resolution of the City Council.

(Ord. 2004-8 §2)