(a)

This article shall be enforced by city staff appointed by the city manager. It shall be a violation of this article for any person to change or permit the change in the use of land or buildings or structures or to erect, alter, move or improve any building or structure until a building permit or certificate of occupancy has been obtained from the building inspector except as provided elsewhere in this Code. The building inspector may require every applicant for a building permit to furnish the following information:

(1)

A plan drawn to scale, showing the exact size, shape, and dimensions of the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected, or moved.

(2)

A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building accommodates and which each existing and proposed building is designed to accommodate.

(3)

Additional information relating to the proposed improvement needed to determine compliance with these regulations.

(b)

No change shall be made in the use of any land or building or structure after the passage of the ordinance from which this article is derived until a certificate of occupancy is obtained from the building inspector certifying that all of the provisions of this article are complied with. Whenever a building permit is issued for the erection of a new building or structure and the building as built is changed from that for which the permit is issued, it shall constitute a violation of this article.

(Code 2012, § 16-9-1; Ord. No. 97-13, 7-21-1997)

(a)

Any person, firm or corporation who knowingly begins work without first obtaining a permit required under this chapter, shall be required to pay double the normal amount of the required permit fee for the activities.

(b)

A violation of any provisions of this chapter shall be deemed a misdemeanor and shall be punished by fine. Any person who violates or refuses to comply with any provisions of this chapter, shall be fined an amount not to exceed the maximum amount allowed by law for non-jury trials. Each day's violation shall constitute a separate offense. If the violation involves failure to obtain a permit before beginning work requiring a permit, this fine shall be in addition to the permit fee required by subsection (a) of this section.

(Code 2012, § 16-9-2; Ord. No. 2003-07, 6-16-2003)

Certain uses listed in various districts as "uses permitted on review" shall be reviewed and passed on or rejected under the following procedure:

(1)

An application shall be filed with the city planning commission for review. At the time of application, a fee to be established by mayor and council shall be paid to the city clerk. The application shall be a form provided by the city and shall show the location and intended use of the site, the names of all the property owners and existing land uses within 300 feet, and any other material pertinent to the request which the planning commission may require.

(2)

The city planning commission may hold one or more public hearings thereon. A minimum of 15 days' public notice shall be published in the official newspaper of general circulation in the city. A minimum public notice shall be furnished 20 days prior to the public hearing date to all property owners within a 300-foot radius of the exterior boundary of the property.

(3)

The planning commission shall within 45 days of the date of first consideration of the application by the commission transmit to the city council its report as to the effect of such proposed building or uses upon the character of the neighborhood, traffic conditions, public utilities and other matters pertaining to the general welfare, and the recommendations of the planning commission concerning uses thereon. Thereupon, the city council may authorize or deny the issuance of a permit for the use of land or buildings as requested.

(4)

A use on review permit that has been approved for a specific purpose in any zoning district shall become null and void if the permitted use is discontinued for six months or more or, if approved, the use is not undertaken within six months of approval.

(Code 2012, § 16-9-3; Ord. No. 1342, § 1)

The city council from time to time on its own motion or upon petition after public notice and hearing may amend the regulations of districts herein established. No change in regulations, restrictions, or district boundaries shall become effective until after a public hearing is held in relation thereto in which parties in interest and citizens shall have an opportunity to be heard.

(1)

All applications for zoning change shall be filed with city staff and with each petition for amendment to the zoning ordinance of the city, a fee to be established by mayor and council shall be paid to the city clerk with the application. The applicant shall furnish, at his own expense, a certified copy produced by a certified abstractor, a listing of the names and addresses and legal description of all property within a 300-foot radius of the exterior boundary lines of the proposed property to be rezoned.

(2)

Upon receipt of the complete application with the proper filing fee and abstract of property owners, the appropriate city staff is authorized to immediately set a date for public hearing before the planning commission and the city council at the regular scheduled meeting. A minimum of 15 days' public notice shall be published in the official newspaper of general circulation in the city. A minimum public notice shall also be furnished 20 days prior to the public hearing date to all property owners within a 300-foot radius of the exterior boundary of the property that is proposed to be rezoned.

(3)

After establishment of dates of public hearings, all proper documentation shall be forwarded to the planning commission at the next regular meeting for consideration and review and the planning commission shall report to the city council and make recommendation upon the proposed amendment at the date of the public hearing.

(4)

Application for zoning change receiving a recommendation for approval from the planning commission shall be forwarded to mayor and council for their final consideration. Applications receiving a recommendation for denial shall not be forwarded to mayor and council unless the applicant request in writing an appeal from such planning commission decision to mayor and council. Such appeal must be filed with the city clerk's office within ten days of the planning commission hearing.

(5)

Citizens may lodge a protest against the amendment to be presented by petition and protest petition must be submitted to the city clerk three days prior to the date of the public hearing before the city council and when duly signed and acknowledged by the owners of 20 percent or more of the area of the lots included in the proposed change or by the owners of 50 percent or more of the area of the lots immediately abutting any side of the territory included in the proposed change or separated therefrom only by an alley or street less than 300 feet wide. Such amendment shall not become effective except by favorable vote of three-fourths of all members of the city council.

(6)

In the event that the rezoning request is denied by the council, the secretary of the planning commission shall not accept another application for rezoning the same tract of land or any portion thereof to the same zoning classification as was originally requested or a less restrictive zoning classification for a period of not less than one year from the date of denial by the council or the date of withdrawal by the applicant.

(Code 2012, § 16-9-4; Ord. No. 1346, § 1; Ord. No. 2017-05, § I, 3-6-2017)