A zoning/building administrator designated by the city council shall administer and enforce this chapter. The administrator may be provided with the assistance of such other persons as the city council may direct.

(Ord. No. 453, § 165.19(2), 9-2-2014)

(a)

No building or structure in excess of 150 square feet or which is placed on a permanent foundation shall be erected, moved, or added to, without a permit therefor issued by the zoning/building administrator. No development permit shall be issued except in conformity with the provisions of this chapter, except after written order from the board of adjustment. Fees for development permits shall be as provided by city resolution. Development permits shall be applied for with the city clerk and shall expire one year after the date of issuance if work is begun within 180 days of issuance or after 180 days if no substantial beginning of construction has occurred. Extensions of time may be granted in writing by the zoning/building administrator for good cause. Applicants for development permits shall provide the name and registration number required by state law for all contractors to be engaged in the development. Before pouring or setting the footings or foundation for the building for which the development permit has been issued, the party to whom the development permit has been issued shall notify the city public works director or his/her designee to afford him/her a reasonable period of time, but not less than one working day, within which to inspect the site before the pouring or setting of the footings or foundation to ensure the building will be built within the parameters of the development permit issued. If the footings or foundation for the building is poured or set without the city public works director or his/her designee having been given notice and the opportunity to inspect before the pouring or setting of the footings or foundation, the party issued the development permit shall be guilty of a municipal infraction and assessed the penalty prescribed for municipal infractions under section 3.03.

(b)

No building shall be occupied or put to use unless and until the zoning/building administrator has inspected same to ensure compliance with the development permit and the provisions of this chapter and has issued an occupancy permit for the building.

(Ord. No. 453, § 165.20(2), 9-2-2014)

The board of adjustment shall have the powers and duties as enumerated in chapter 24.

(Ord. No. 453, § 165.21(2), 9-2-2014)

Any person or persons, or any board, taxpayer, department, board or bureau of the city, or other areas subject to this chapter 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 and particularly by I.C.A. ch. 414.

(Ord. No. 453, § 165.22(2), 9-2-2014)

All questions of interpretation and enforcement shall be first presented to the zoning/building administrator, or that person's designee, and such questions shall be presented to the board of adjustment only on appeal from the decision of the zoning/building administrator, and that recourse from the decisions of the board of adjustment shall be to the courts as provided by law and particularly by I.C.A. ch. 414.

(Ord. No. 453, § 165.23, 9-2-2014)

(a)

The regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified, or repealed, provided that at least seven days' notice of the time and place of such hearing shall be published in a paper of general circulation in the city. In no case shall the notice be published more than 20 days prior to the hearing. At least seven days preceding the hearing, a sign measuring not less than 12 inches by 18 inches giving notice that the property is the subject of a pending re-zoning application and directing the public's attention to the office of the city clerk for further information shall be conspicuously posted on the land in question visible to pedestrian and vehicular traffic. If the property is inaccessible to public vehicular traffic, the sign shall be posted at the nearest point of passage by public vehicular traffic.

(b)

The regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified, or repealed. Notwithstanding I.C.A. § 414.2, as a part of an ordinance changing land from one zoning district to another zoning district or an ordinance approving a site development plan, the council may impose conditions on a property owner which are in addition to existing regulations if the additional conditions have been agreed to, in writing, by the property owner before the public hearing required under this section or any adjournment of the hearing. The conditions must be reasonable and imposed to satisfy public needs which are directly caused by the requested change. In case, however, of a written protest against a change or repeal which is filed with the city clerk and signed by the owners of 20 percent or more of the area of the lots included in the proposed change or repeal, or by the owners of 20 percent or more of the property which is located within 200 feet of the exterior boundaries of the property for which the change or repeal is proposed, the change or repeal shall not become effective except by the favorable vote of at least three-fourths of all the members of the council. The protest, if filed, must be filed before or at the public hearing.

(c)

Proposed amendments not recommended by the planning and zoning commission shall become effective only upon a favorable vote of three-fourths of the members of the city council. All zoning amendment application forms shall be approved by resolution of the city council.

(Ord. No. 453, § 165.24, 9-2-2014)

Violations of the provisions of this chapter and any of its requirements (including violations of conditions and safeguards established in connection with the grant of variances or special exceptions) may be prosecuted as either a municipal infraction or simple misdemeanor. Each day a violation continues shall be considered a separate offense. The election of the city to prosecute a violation of this chapter as either a municipal infraction or simple misdemeanor shall not prevent the city from taking such other and further legal or equitable action as is necessary to prevent violation of the provisions of this chapter.

(Ord. No. 453, § 165.25, 9-2-2014)

(a)

The city council shall establish a schedule of fees, charges, and expenses and a collection procedure for zoning district changes, zoning permits, appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the zoning/building official, and the city clerk and may be altered or amended only by the city council, as recommended by the commission.

(b)

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

(Ord. No. 453, § 165.26, 9-2-2014)

Whenever a violation of this chapter 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 zoning/building administrator. The zoning/building administrator shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.

(Ord. No. 453, § 165.27, 9-2-2014)

This section contains diagrams for graphically describing lots, yards and corner lot visibility.

(Ord. No. 453, § 165.28, 9-2-2014)