A.   Appointment Of Zoning Administrator: The zoning administrator shall be in charge of the administration and enforcement of this Title. He shall be appointed by the City Council.

   B.   Duties: The zoning administrator shall:

      1.   Receive, review and issue improvement location permits in accordance with the terms of Section 10-3-4 of this Title.

      2.   Make the necessary site inspections to ensure compliance with this Title.

      3.   Act as secretary to the Zoning Board of Appeals. (Ord. 123, 1979)

There is hereby established the Zoning Board of Appeals for the City, with the appointment of members, their authority, duties and powers all as prescribed in Title 2, Chapter 2 of this Code. (2000 Code)

   A.   Establishment: The City Council shall establish, by separate ordinance, a schedule of fees indicating the charges for an improvement location permit, variations, special use permits, zoning title or zoning map amendments and appeals. The schedule of fees may be amended by the City Council.

   B.   Schedule Of Fees: The schedule of fees and charges under the zoning title of the City, previously enacted, shall be as follows:

 

 

(Ord. 126, 1979; amd. Ord. 847, 11-8-2022; Ord. 866, 1-23-2024)

   A.   Authority: The Zoning Board of Appeals may permit variations in specific cases where practical difficulties or particular hardships occur. The Board shall do so only where the granting of such a variation would be in harmony with the general purpose and intent of this Title.

   B.   Permissible Variations: The Board may grant variations in the following instances only, and in no others:

      1.   To permit any yard, court, setback or line to be of less dimension than required by the applicable regulations;

      2.   To permit any structure to exceed the height limitations imposed by the applicable regulations;

      3.   To permit a reduction in the number of off-street parking spaces in connection with a particular use;

      4.   To permit a reduction in the minimum ground floor area requirement for single-family residences;

      5.   To allow increases in the maximum lot coverage in all districts;

      6.   To permit a reduction in the minimum lot area in all districts;

      7.   To permit any sign or advertising structure to exceed the height limitations imposed by the applicable regulations;

      8.   To allow a landscaped berm or fence screen in lieu of a planting screen in H-I Districts in meeting the transition screen requirements of said District, if the Zoning Board of Appeals finds that such transition screens will be of similar nature and harmonious with existing transition screens in the neighborhood. (Ord. 123, 1979; Ord. 207, 1985; Ord. 224, 1987; Ord. 252, 1990; Ord. 380, 6-14-1999)

   C.   Standards: The Board shall use the following standards when considering the practical difficulties or particular hardships:

      1.   That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;

      2.   That the land, structure or building involved cannot reasonably be developed or used in accordance with the requirements of the district in which it is located;

      3.   That literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title;

      4.   That the special conditions and circumstances do not result from the actions of the applicant;

      5.   That granting the variation requested will not give the applicant of the property in question privileges not generally held by other property owners or occupants in the same vicinity and district;

      6.   That the granting of the variation will be in harmony with the purpose and intent of this Title, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

   D.   Public Hearing Required; Findings: No variation shall be granted by the Zoning Board of Appeals except after a public hearing is conducted as provided in Section 10-14-6 of this Chapter. The Zoning Board of Appeals shall prepare a record of the findings of fact and decision in each case from the evidence presented at the public hearing. (Ord. 123, 1979)

   A.   Authority: The regulations set forth in the text of the zoning title and the zoning district map may be amended upon application by any person or party, or by the City Council. This Title shall only be amended when the proposed change promotes the public health, safety, morals, comfort and general welfare of the residents of the City.

   B.   Standards: The Board shall use the following standards when considering amendments to the this Title:

      1.   The suitability of the subject property for uses authorized by the existing zoning;

      2.   The suitability of the subject property for uses authorized by the proposed zoning;

      3.   The existing land uses of nearby property;

      4.   Existing zoning of nearby property;

      5.   Whether the petitioned zoning change is in the best interest of the general public or is solely for the benefit of the petitioner.

   C.   Public Hearing Required: No zoning text amendment or zoning district map amendment shall be considered except after a public hearing has been conducted by the Zoning Board of Appeals as provided in Section 10-14-6 of this Chapter. The Board shall prepare a record of the findings of fact and decision in each case from the evidence presented at the public hearing. (Ord. 123, 1979)

   D.   Decision Authority: After the public hearing, the Zoning Board of Appeals shall make a recommendation to the City Council to approval or deny the proposed amendment. The City Council shall have the final authority to approve any amendments to the zoning district map or the zoning text. All decisions of the City Council on amendments are final and not subject to review in the courts of the State. (Ord. 123, 1979; amd. 2000 Code)

   A.   Application Filing: All applications for a variation, special use permit and zoning text or zoning district map amendment shall be filed with the City Clerk. The City Clerk shall forward the applications to the Zoning Board of Appeals for processing.

   B.   Public Notice Requirements: No variation, special use permit or zoning text or zoning district map amendment shall be processed except after a public hearing before the Zoning Board of Appeals. Public notice stating the time and place of the public hearing shall be published at least once, not more than thirty (30) nor less than fifteen (15) days, before the public hearing in one or more newspapers published in the City, or in one or more newspapers of general circulation, if a newspaper is not published in the City.

   C.   Publication Costs: The costs or charges of the publication notice shall be paid by the applicant. (Ord. 123, 1979)

Any person, who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this Title shall, upon conviction, be fined as provided in the general penalty in Section 1-4-1 of this Code for each offense. Each day that a violation is allowed to exist shall constitute a separate offense. (Ord. 123, 1979; amd. 2000 Code)