(A)

The Zoning Administration shall enforce this chapter and shall perform the following duties:

(1)

Issue occupancy, building and other permits, and make and maintain records thereof;

(2)

Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter;

(3)

Maintain permanent and current records of this chapter, including, but not limited to all maps, amendments and conditional uses, variances, appeals and applications therefore;

(4)

Receive, file, and forward all applications for appeals, variances, conditional uses or other matters to the designated official bodies; and

(5)

Institute in the name of the city and under the direction of the City Council proceedings against a violator as provided for in this chapter.

(B)

It shall be the duty of the Zoning Administrator to cause the provisions of this chapter to be properly enforced through the proper legal channels.

(Ord. 164, passed 9-14-1982)

(A)

The Board of Zoning Appeals is hereby established, which shall consist of the City Council, vested with the administrative authority, as hereinafter provided. The City Council, may at its discretion, appoint a separate Board of Appeals in the future.

(B)

The Board of Zoning Appeals shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision or determination made by an administration official charged with enforcing the chapter. The appeals may be taken by any person, firm or corporation aggrieved or by any officer, department, board or bureau of the city. The Board of Zoning Appeals shall also have the power to grant variances to the provisions of this chapter under certain conditions. The conditions for the issuance of a variance are as indicated in §§ 153.430 through 153.432. No use variances shall be issued by the Board of Zoning Appeals.

(C)

Hearings by the Board of Zoning Appeals shall be held within the time and upon the notice to interested parties as is provided in this chapter and its adopted rules for the transaction of its business. The Board shall, within a reasonable time, make its order deciding the matter and shall serve a copy of the order upon the appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or attorney.

(D)

(1)

The Board of Zoning Appeals may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the issuance of a permit.

(2)

The reasons shall not be final and any person having an interest affected by the decision shall have the right to appeal to district court in the county in which the land is located on questions of fact and law. A majority of the Board of Zoning Appeals shall be necessary to reverse any decision of an administrative office of the city or to decide in favor of the applicant.

(Ord. 164, passed 9-14-1982)

(A)

The Planning Commission shall provide assistance to the City Council and Zoning Administrator in the administration of this chapter and the recommendation of the Planning Commission shall be advisory in nature.

(B)

Specifically, the Planning Commission shall review, hold public hearings and make recommendations to the City Council on all application for zoning amendments and conditional use permits using the criteria in §§ 153.400 through 153.404 and 153.415 through 153.418.

(Ord. 164, passed 9-14-1982)

(A)

(1)

Hereafter, no person shall construct, alter, wreck or move any kind of a structure or land use or part thereof without first securing a land use permit therefore; provided, no permit shall be necessary for the construction, reconstruction or alteration of a land use not used or to be used for commercial or industrial purposes where the land use is less than 80 square feet in size.

(2)

Applications for land use permits shall be accompanied by the following exhibits unless waived by the Planning Commission.

(a)

Boundary survey of an area including the property in question and 100 feet beyond its outer boundaries showing existing utilities, lot boundaries and dimensions, land uses, easements, foliage and topography and waterways if pertinent. Soil tests may be included if pertinent.

(b)

Preliminary land use and site development plan showing land use's location, dimensional parking and loading arrangement, vehicular and pedestrian access and egress, surface drainage plan, landscaping, utility plan, screening, sizes and location of all signs, land use floor plans of all floors, elevations of all sides of land uses, sections and outline material specification as appropriate.

(B)

(1)

Persons requesting a land use permit shall fill out a land use permit form available from the Zoning Administrator.

(2)

Completed land use permit forms and a fee as may be established by ordinance of the City Council shall be submitted to the Zoning Administrator, if the proposed developments conforms, in all respects, to the Zoning Administrator within a period of 60 days.

(3)

If the land use permit is for a multi-family commercial or industrial development, the land use permit must be approved by the City Council.

(4)

If the proposed development involves a zoning amendment, variance or conditional use permit, the application, together with a land use permit, shall be submitted either to the Planning Commission or Board of Zoning Appeals for review and appropriate action according to the procedures set forth herein.

(C)

No land use permit shall be issued for any construction, enlargement, alteration or repair, demolition or moving of any land use or structure on any lot or parcel until all requirements of these regulations have been fully met.

(Ord. 164, passed 9-14-1982)

Cross reference— Penalty, see § 153.999