The purpose of this article is to establish procedures for administering and enforcing the regulations in this chapter.

The Planning Department shall be responsible for administering this chapter and such duties and responsibilities as specifically delegated to other persons by this Code. The Zoning Administrator shall be authorized to make written interpretations of this chapter, records of which shall be maintained as Planning Department records.

The Zoning Administrator shall review each application for a permit made under the Building Code of the City, prior to the issuance of the building permit. Each application shall be accompanied by a site plan drawn to scale, and supporting documents, with the following information:

(a)

The lot occupied or to be occupied by the building or structure.

(b)

The actual dimensions of the lot.

(c)

The size and location of the building or structure to be erected, converted, enlarged, or structurally altered.

(d)

The distance from the building or structure to each lot line.

(e)

The location of each parking space, loading space, and access drive required under the provisions of this chapter, including the dimensions of aisles and stalls.

(f)

A landscaping plan for the development.

(g)

A statement of the purpose for which the building or structure will be used.

(h)

A legal description of the lot(s).

(i)

Calculation of open space ratio.

(j)

Calculation of floor area ratio.

(k)

Building height.

(l)

Location of trash disposal areas and screening of such areas.

(m)

Lighting information for parking areas.

(n)

The location of any watercourses crossing or adjacent to the property, as well as the elevation and location of the top of the bank of such feature.

(o)

The location of adjoining streets, adjacent zoning classifications, and land uses.

(a)

Applications for electrical, plumbing, heating, ventilating, air conditioning, refrigeration, gas piping, sprinkler and storm water permits, and any other similar permits authorizing a change in a building or property shall contain a statement indicating the existing and proposed use for which the building, structure, or improvement to the land will be used. The Zoning Administrator shall review each application which indicates a change of use, even if the proposed permit does not indicate a change in the exterior elements of the property. The permit shall be issued subject to zoning approval. No such permit issued which purports to authorize a use, structure, or improvement to the land not in compliance with the requirements of this chapter shall be valid.

(b)

Properties located in a Conservation or Historic District or designated as a landmark shall meet the requirements of Article IX, Historic Preservation.

(c)

Proposed provisional uses and special uses shall meet the requirements of Article V, Provisional and Special Uses.

(d)

Proposed Planned Developments shall meet the requirements of Article VI, Planned Developments.

(e)

Any Building permit application for construction of one or more principal buildings for a development that is not approved as a Planned Development, which is on a site that is two (2) acres or greater in size, or upon which it is anticipated that there will be one or more additional principal structures constructed at some time in the future under a different building permit shall include a site plan for the entire site for zoning review and approval. In addition to the criteria for Zoning approval specified in Sec. 37-685, the site plan shall be in compliance with Chapter 31, Subdivision Regulations. The site plan shall be reviewed for compliance with this chapter and Chapter 31 by the Zoning Administrator, the City Engineer, or any designee. If a determination has been made by the Zoning Administrator and the City Engineer that the site plan is in compliance with this chapter and Chapter 31, the site plan shall be stamped approved. A copy of the approved site plan shall accompany any future building permits for construction of a new principal structure. Approval of a site plan indicates compliance with the regulations in effect at the time of approval, but does not constitute a vested right to develop the property in the absence of required approvals. Site plans may be revised and submitted at any time for a new review and approval.

The site plan shall be drawn to scale and contain the following information. Where applicable, the plan shall contain the existing, proposed, and planned features listed below:

(1)

All adjacent highways, streets, alleys, lots, public grounds, easements, and rights-of-way, and the length and width of their boundary lines.

(2)

The approximate location and dimensions of all structures, required setbacks and yards, and the internal uses of each building.

(3)

All curb cuts, driving lanes, vehicular and bicycle parking and loading areas, public transportation points, sidewalks and trails, and illuminated facilities.

(4)

Landscaping plan, including any existing trees of two (2) inch caliper or above planned to be preserved, and any existing trees within the right-of-way.

(5)

The location and approximate dimensions of trash and recycling areas and required screening.

(6)

The location of any watercourses crossing or adjacent to the property, the elevation and location of the top of the bank of such feature, and location of required stormwater detention or other stormwater facilities.

(7)

Calculations for open space ratio, floor area ratio, and parking.

(8)

Building height.

(9)

Phasing plan.

(10)

Traffic Impact Analysis (TIA) in accordance with Chapter 9 of the Manual of Practice.

(C.B. No. 2012-149, § 1(Exh. A), 9-4-12; C.B. No. 2025-037, § 1(Exh. A), 3-18-25)

(a)

The plans submitted for zoning approval shall be reviewed by the Zoning Administrator to determine the following:

(1)

That, as best can be determined, complete and accurate information as required in this article is provided with the permit application.

(2)

That the proposed structure, or land improvement is either entirely occupied by a conforming use or; that if the structure is occupied wholly or partly by a nonconforming use, that such is allowed under and complies with the regulations of Article XII, Nonconformities.

(3)

That the proposed structure, or land improvement complies with the applicable height, area, floor area ratio, open space ratio, yard, landscaping, and parking regulations as required by this chapter.

(4)

That the structure, or land improvement comply with specific standards or conditions required through a provisional or special use approval as authorized by this chapter.

(5)

That any property located within a locally designated Historic or Conservation District or designated as a Landmark has received a Certificate of Appropriateness from the Historic Preservation Commission.

(6)

That the proposed, structure, or land improvement complies with any and all other applicable standards as required by this chapter.

(b)

Upon a determination that all of these requirements are met or not met, the Zoning Administrator shall approve or disapprove the permit and note this on the application. The Zoning Administrator shall indicate those uses that are nonconforming. Such approval shall reference action by the Zoning Board of Appeals, Historic Preservation Commission, or City Council which may have imposed specific conditions as authorized by this chapter. No permit which requires review under the provisions of this chapter shall be issued unless it has received such approval.

(a)

Time limitation of application. An application for any permit which requires zoning approval shall be presumed to have been abandoned three (3) months after the date of filing, unless application has been diligently and continuously pursued or a permit has been issued. The Zoning Administrator may grant, upon written application and for good cause, one extension of time for a period not exceeding ninety (90) days.

(b)

Suspension of permits. Any zoning approval shall become invalid if the authorized work is not commenced within six (6) months after the issuance of the permit, if the authorized work is suspended or abandoned for a period of six (6) months after the time of commencing the work, or if the work is not completed within two (2) years after the issuance of the permit.

(c)

Revocation of zoning approval. Zoning approval issued under the provisions of this chapter, and any permit issued pursuant to such approval, shall be revoked in case of any false statement, misrepresentation of fact, or error in the application or on the plans based on which the permit was issued.

(d)

Revocation of permits. Any building occupancy, or other permit issued pursuant to an approved site plan or in conjunction therewith, may be revoked by the City for failure to comply with the conditions of approval.

No person shall construct, alter, use, maintain, or allow any building or property to be used or maintained in violation of the provisions of this chapter. In addition to any other actions which may constitute a violation, the following constitute violations of this chapter and shall be strict liability offenses:

(a)

The use, arrangement, or construction of a building, structure, or improvement to land does not conform with that authorized by approved plans.

(b)

The improvement is constructed or a use is operating without obtaining the appropriate permits or zoning approval.

(c)

The use of a structure or land which is nonconforming and does not meet the requirements of Article XII, Nonconformities.

(d)

The use of the structure or land which is a conforming use, but does not meet the applicable district performance standards or other requirements of this chapter, unless otherwise provided for in Article XII, Nonconformities.

(e)

The use of the structure or land does not comply with conditions or standards enumerated in a provisional, or special use approval.

(f)

The sale, conveyance, or use of any portion of a lot which reduces the following:

(1)

The lot area below the minimum area requirements of this chapter.

(2)

The lot area to the extent that the floor area ratio is greater than the maximum permitted by this chapter.

(3)

The usable open space areas below the open space ratio and usable open space requirements of this chapter.

(4)

The depth or width of a yard to less than the minimum depth or width required by this chapter.

(5)

The number and size of parking spaces on the lot is below the minimum number of such spaces required by this chapter.

(g)

An sale, conveyance or transfer of land which does not comply with chapter 31 of the Municipal Code.

Enforcement of the requirements of the Zoning Ordinance shall be in accordance with the provisions of Article II of Chapter 22 of this Code, entitled "Violations—Responsibility—Permits—Enforcement Alternatives."

(C.B. No. 2006-003, § 1, 1-3-06)

Editor's note— C.B. No. 2006-003, § 2, adopted Jan. 3, 2006, repealed §§ 37-690 and 37-691 which pertained to notice of violation and service of notice. See also the Code Comparative Table.