A.   Appointment: The City Manager shall appoint a Zoning Administrator.

   B.   Duties: The Zoning Administrator shall enforce this Title and shall perform the following duties:

      1.   Issue Certificates: Issue certificates of zoning compliance and maintain records thereof.

      2.   Inspections: Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this Title.

      3.   Notice Of Violations: Notify, in writing, any person responsible for violating a provision of this Title, indicating the nature of the violation and ordering the action necessary to correct it.

      4.   Order Discontinuance: Order discontinuance of illegal use of land, buildings or structures; order removal of illegal buildings, structures, additions, alterations; order discontinuance of illegal work being done; or take any other action authorized by this Title to ensure compliance with or to prevent violation of its provisions, including cooperation with the City Attorney in the prosecution of complaints.

      5.   Zoning Ordinance: Maintain permanent and current records of the Zoning Ordinance, including all maps, amendments, conditional uses, and variances.

      6.   Records: Maintain a current file of all permits, all certificates of zoning compliance, and all copies of notices of violation, discontinuance, or removal for such time as necessary to ensure a continuous compliance with the provisions of this Title and, on request, provide information to any person having a proprietary or tenancy interest in any specific property.

      7.   Assistance: Provide clerical and technical assistance to the Planning Commission and Board of Zoning Adjustment.

      8.   Monthly Summary: Submit each month to the Planning Commission an itemized summary of certificates and permits granted and other significant activity of the preceding month.

      9.   Applications: Receive, file and forward to the Board of Zoning Adjustment or Planning Commission all applications for conditional use permits, variances or amendments. (1998 Code)

The Planning Commission shall provide assistance to the City Council and Zoning Administrator in the administration of this Title. Recommendations of the Planning Commission shall be advisory in nature. Specifically, the Planning Commission shall review, hold public hearings, and make recommendations to the City Council on all applications for zoning amendments and conditional use permits. (1998 Code)

   A.   Zoning Permit Required: No building permit or other permit pertaining to the use of land or buildings shall be issued unless such building is designed and arranged to conform to the provisions of this Title. No building permit shall be issued without a zoning permit.

   B.   Application: Every application for a zoning permit shall be accompanied by a site plan, in duplicate, drawn to scale showing actual dimensions of the following, if applicable:

      1.   The lot or lots to be built upon;

      2.   The location and size of the structures;

      3.   Improvements or uses to be erected, altered or placed on the lot;

      4.   Location of required parking and loading areas;

      5.   Size of yards and open spaces;

      6.   Existing and proposed streets and alleys adjoining or within the lot; and

      7.   Such other information as may be necessary to provide for the enforcement of this Title.

   C.   Certificate Of Zoning Compliance: No land shall be occupied or used and no building hereafter erected, reconstructed or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of zoning compliance has been issued by the Zoning Administrator. The certificate of zoning compliance shall state that the building and the use appears to comply with all of the provisions of this Title applicable to the building or premises of the use in the district in which it is to be located.

   D.   Change In Use: No change in use shall be made in any building or part thereof, now existing or hereafter erected, reconstructed or structurally altered, without a certificate of zoning compliance having been issued by the Zoning Administrator, and no such permit shall be issued to make such a change unless it is in conformity with the provisions of this Title.

   E.   Issuance: A certificate of zoning compliance shall be issued within ten (10) days after the lawful erection, reconstruction or structural alteration is completed. (1998 Code)

   A.   Permit Required: Hereafter, no person shall construct, enlarge, repair, alter, move or demolish a structure or building or part thereof without first securing a permit.

   B.   Application:

      1.   Form: Persons requesting a building permit shall provide information to the Building Official on forms provided by the Zoning Administrator.

      2.   Submission; Fee: Completed building permit forms and a fee as may be established by resolution of the City Council shall be submitted to the Zoning Administrator.

   C.   Issuance: If the proposed development conforms in all respects to this Title and State Building Code, a building permit shall be issued by the Zoning Administrator within a period of ten (10) days.

   D.   Submission To Planning Commission Or Board Of Zoning Adjustment: If the proposed development involves a zoning amendment, variance, or conditional use permit, the application, together with a building permit, shall be submitted either to the Planning Commission or Board of Zoning Adjustment for review and appropriate action. (1998 Code)

No vacant land shall be occupied or used and no buildings hereafter erected, altered or moved shall be occupied until a certificate of occupancy has been issued by the Building Official. Such certificate shall show that the building or premises or part thereof and the use thereof conform to all the requirements of this Title. (1998 Code)

   A.   Purpose: The purpose and intent of allowing interim uses is to:

      1.   Allow a use for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the comprehensive plan; and

      2.   Allow a use that is presently acceptable but that, with anticipated development, will not be acceptable in the future.

   B.   Application, Public Hearing, Notice And Procedure: The application, public hearing, public notice and procedure requirements for an interim use permit shall be the same as those for zoning amendments as provided in section 11-3-9 of this chapter.

   C.   Standards: The planning commission shall recommend an interim use permit and the council shall issue such interim use permits only if it finds that such use at the proposed location:

      1.   Meets the standards of a conditional use permit set forth in subsection 11-3-7D of this chapter;

      2.   Will terminate upon a date or event that can be identified with certainty;

      3.   Will not impose, by agreement, additional costs on the public if it is necessary for the public to take the property in the future; and

      4.   Will be subjected to, by agreement with the owner, any conditions that the city council has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit.

   D.   Termination: An interim use permit shall terminate upon the occurrence of any of the following events, whichever first occurs:

      1.   The termination date stated in the permit;

      2.   A violation of conditions under which the permit was issued;

      3.   A change in the city's zoning regulations which renders the use nonconforming; or

      4.   The use has been discontinued for a minimum of six (6) months. (1998 Code)

   A.   Purpose: "Conditional use" means a land use or development as defined by ordinance that would not be appropriate generally, but may be allowed with appropriate restrictions as provided by official controls upon a finding that:

      1.   Certain conditions as detailed in this title exist;

      2.   The use or development conforms to the comprehensive land use plan of the community; and

      3.   The use or development is compatible with the existing neighborhood.

   B.   Application: Although specific submission required to complete an application for a conditional use permit may vary with the specific use and the district in which it is located, all applications for such permits must include at minimum a site plan that clearly illustrates the following: proposed land use, building mapping and functions, circulation and parking areas, planting areas and treatment, sign locations and type, basic lighting concerns, the relationship of the proposed project to neighboring uses, environmental impacts and demand for municipal services.

   C.   Procedures: The procedures for obtaining a conditional use permit are as follows:

      1.   Meet With Zoning Administrator: The property owner or designated agent shall meet with the zoning administrator to explain the situation, learn the procedures and obtain an application form.

      2.   Application; Fee: The applicant shall file the completed application form, together with the required exhibits, with the zoning administrator and shall pay a filing fee as established by the city council.

      3.   Transmittal To Planning Commission; Notice To Property Owners: The zoning administrator shall transmit the application and required exhibits to the planning commission within thirty (30) days after receipt, and shall notify all property owners within three hundred fifty feet (350') of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.

      4.   Notice Of Hearing: The zoning administrator shall set the date for a public hearing and shall have notice of such hearing published in the legal newspaper at least once, not less than ten (10) days and not more than thirty (30) days prior to said hearing.

      5.   Hearing: The planning commission shall hold a public hearing on the proposed conditional use permit and shall make a decision on the proposal within thirty (30) days. The planning commission may impose such restrictions and conditions upon the premises benefited by a conditional use permit as may be necessary to comply with the standards established by this title, or to reduce or minimize the effect of such conditional use permit upon other properties in the neighborhood, and to better carry out the intent of the conditional use permit. The planning commission shall take one of three (3) actions, i.e., approval, denial or conditional approval.

      6.   Action By City Council: The city council shall act upon the application within thirty (30) days after receiving the recommendation of the planning commission.

      7.   Right To Appeal: The applicant shall have the right to appeal the decision of the planning commission to the city council within ten (10) days after the decision by the commission.

   D.   Standards: The planning commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location:

      1.   Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city.

      2.   Will be harmonious with the general and applicable specific objectives of the city's comprehensive plan and this title.

      3.   Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area.

      4.   Will not be hazardous or disturbing to existing or future neighboring uses.

      5.   Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools, or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use.

      6.   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

      7.   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors.

      8.   Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic on surrounding public thoroughfares.

      9.   Will not result in the destruction, loss or damage of natural, scenic or historic features of major importance.

      10.   Will not depreciate surrounding property values.

   E.   Conditions: In reviewing applications for conditional use permits, the planning commission or council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of property within the district, and to achieve the goals and objectives of the comprehensive plan. Such conditions may include, but are not limited to, the following:

      1.   Controlling the number, area, bulk, height and location of such uses.

      2.   Regulating ingress and egress to the property and the proposed structures thereon with particular references to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.

      3.   Regulating off street parking and loading areas where required.

      4.   Utilities with reference to location, availability and compatibility.

      5.   Berming, fencing, screening, landscaping or other means to protect nearby property.

      6.   Compatibility of appearance.

In determining such conditions, special consideration shall be given to protecting immediately adjacent properties from objectionable views, noise, traffic and other negative characteristics associated with such uses.

   F.   Denial For Noncompliance: If the planning commission recommends denial of a conditional use permit or the council orders such denial, it shall include in its recommendation or determination findings indicating in which areas the proposed use does not comply with the standards required by this title.

   G.   Permittee: A conditional use permit shall be issued for a particular use and not for a particular person, except in the case of a permit granted for the uses of land reclamation, mining or soil or mineral processing. In such cases, a permit shall be issued to the particular person making application for such permit and such permit shall not be transferred or assigned for use by another without the written consent of the city. However, such consent by the city shall not be unreasonably withheld.

   H.   Periodic Review, Term Of Permit: A periodic review of the use may be attached as a condition of approval of a conditional use permit. Unless otherwise stipulated, the term shall be the life of the use.

   I.   Revocation: Failure to comply with any condition set forth in a conditional use permit, or any other violation of this title, shall be a misdemeanor and shall also constitute sufficient cause for the termination of the conditional use permit by the city council following a public hearing.

   J.   Expiration: If substantial construction has not taken place within six (6) months of the date on which the conditional use permit was granted, the permit is void except that, on application, the council, after receiving recommendation from the planning commission, may extend the permit for such additional period as it deems appropriate. If the conditional use is discontinued for six (6) months, the conditional use permit shall become void. This provision shall apply to conditional use permits issued prior to the effective date hereof, but the six (6) month period shall not be deemed to commence until the effective date hereof. (Ord. 826, 7-15-2002)

   A.   Criteria For Granting Variances: A variance to the provision of this title may be recommended by the board of zoning adjustment to provide relief to the landowner in those cases where this title imposes undue hardship or practical difficulties to the property owner in the use of the land. No use variances may be issued. A variance may be granted only in the event that all of the following circumstances exist:

      1.   Exception or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of property since enactment of this title have had no control.

      2.   The 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.

      3.   That the special conditions or circumstances do not result from the actions of the applicant.

      4.   That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to owners of other lands, structures or buildings in the same district.

      5.   That the variance requested is the minimum variance. Economic conditions alone shall not be considered a hardship.

      6.   The variance would not be materially detrimental to the purposes of this title, or to other property in the same zone.

      7.   The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or substantially diminish or impair property values within the neighborhood.

   B.   Required Exhibits For Variances:

      1.   Required Information: A boundary description and preliminary building and site development plan subject to approval of the zoning administrator. The board of zoning adjustment may require a certified survey.

      2.   Proof Of Ownership: Evidence of ownership or enforceable option on the property.

   C.   Procedures: The procedure for obtaining a variance from the regulations of this title are as follows:

      1.   Meet With Zoning Administrator: The property owner or designated agent shall meet with the zoning administrator to explain the situation, learn the procedures and obtain an application form.

      2.   Application; Fee: The applicant shall file the completed application form together with the required exhibits with the zoning administrator and shall pay a filing fee as established by the city council.

      3.   Transmittal To Board Of Zoning Adjustment; Notice To Property Owners: The zoning administrator shall transmit the application and required exhibits to the board of zoning adjustment within thirty (30) days after receipt, and shall notify all property owners within the affected zone and within one hundred feet (100') of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.

      4.   Notice Of Hearing: The zoning administrator shall set the date for a public hearing and shall have notice of such hearing published in the legal newspaper at least once, not less than ten (10) days and not more than thirty (30) days prior to said hearing.

      5.   Hearing: The board of zoning adjustment shall hold a public hearing on the proposed variance and shall make a decision on the proposal within thirty (30) days. The board of zoning adjustment may impose such restrictions and conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this title, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The board of zoning adjustment shall take one of three (3) actions, i.e., approval, denial or conditional approval.

      6.   Action By City Council: The city council shall act upon the application within thirty (30) days after receiving the recommendation of the board of zoning adjustment.

      7.   Right To Appeal: The applicant shall have the right to appeal the decision of the board of zoning adjustment to the city council within ten (10) days after the decision by the board.

      8.   Reapplication: No application by a property owner for a variance shall be submitted to the board of appeals within a six (6) month period following a denial of such a request, except the board may permit a new application if, in the opinion of the board, new evidence of change or circumstances warrant it.

      9.   Expiration: A variance shall be deemed to authorize only one particular use and shall expire if work does not commence within six (6) months of the date of granting such variance or if that use ceases for more than six (6) consecutive months.

      10.   Revocation: The city council may revoke a variance if any conditions established as part of granting the variance request are violated, following a public hearing. (1998 Code)

   A.   Criteria For Granting Zoning Amendments: The city council may adopt amendments to this title and zoning map in relation to land uses within a particular district or to the location of the district line. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan or changes in conditions in the city.

   B.   Kinds Of Amendments:

      1.   A change in a district's boundary (rezoning).

      2.   A change in a district's regulations.

      3.   A change in any other provision of this title.

   C.   Initiation Of Proceedings: Proceedings for amending this title shall be initiated by at least one of the following three (3) methods:

      1.   By petition of an owner or owners of property that is proposed to be rezoned, or for which district regulation changes are proposed.

      2.   By recommendation of the planning commission.

      3.   By action of the city council.

   D.   Required Exhibits For Rezoning Or District Regulation Changes Initiated By Property Owners:

      1.   Required Information: A boundary description and preliminary building and site development plan subject to approval of the zoning administrator. The city council may require a certified survey. If a survey is required, the property shall also be properly monumented with metal stakes and caps.

      2.   Proof Of Ownership: Evidence of ownership or enforceable option on the property. (1998 Code)

   E.   Procedure To Initiate Rezoning Or Change In District Regulation:

      1.   Petition By Property Owner:

         a.   Meet With Zoning Administrator: The property owner or his designated agent shall meet with the zoning administrator to explain the situation, learn the procedures, and obtain an application form.

         b.   Application; Fee: The applicant shall file the completed application form together with the required exhibits with the zoning administrator and shall pay a filing fee as established by the city council.

         c.   Transmittal To Planning Commission: The zoning administrator shall transmit the application and required exhibits to the planning commission within thirty (30) days after receipt.

         d.   Notice Of Hearing: The zoning administrator shall set the date for a public hearing and shall have notice of such hearing published in the legal newspaper at least once, not less than ten (10) days and not more than thirty (30) days prior to said hearing. When an amendment involves changes in district boundaries affecting an area of five (5) acres or less, the notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected property situated wholly or partly within three hundred fifty feet (350') of the property to which the amendment relates.

         e.   Hearing: The planning commission shall hold the public hearing and then shall recommend to the city council within thirty (30) days, one of three (3) actions, i.e., approval, denial, or conditional approval.

         f.   Action By City Council: The city council shall act upon the application within thirty (30) days after receiving the recommendation of the planning commission.

         g.   Reapplication: No application of a property owner for an amendment to the text of this title or the zoning map shall be considered by the planning commission within the one year prior following a denial of such request. However, the planning commission may permit a new application, if in the opinion of the planning commission, new evidence or a change of circumstances warrant it.

      2.   Recommendation By Planning Commission Or Action By City Council:

         a.   Staff Report: The zoning administrator shall transmit a staff report and required exhibits to the planning commission within thirty (30) days of the receipt of the application.

         b.   Notice Of Hearing: The zoning administrator shall set the date for a public hearing and shall have notice of such hearing published in the legal newspaper at least once, not less than ten (10) days and not more than thirty (30) days prior to said hearing. When an amendment involves changes in district boundaries affecting an area of five (5) acres or less, the notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected property situated wholly or partly within three hundred fifty feet (350') of the property to which the amendment relates.

         c.   Hearing: The planning commission shall hold the public hearing and then shall recommend to the city council within thirty (30) days, one of three (3) actions, i.e., approval, denial, or conditional approval. (Ord. 942, 7-18-2016)

         d.   Action By City Council: The city council shall act upon the application within thirty (30) days after receiving the recommendation of the planning commission. (1998 Code)

   A.   Board Of Zoning Adjustment: The board of zoning adjustment shall act upon all questions as they may arise in the administration of this title, including the interpretation of zoning maps; and it shall hear and decide appeals from and review any order, requirement, decision, or determination made by such an administrative official charged with enforcing this title. Such appeal may be made by any person aggrieved or by any officer, department, board or bureau of the city. The board of zoning adjustment shall also have the power to grant variances subject to approval and confirmation of the city council to the provisions of this title under certain conditions. The conditions for the issuance of a variance are as indicated in section 11-3-8 of this chapter. No use variances (uses different from those allowed in the district) shall be issued by the board of zoning adjustment.

   B.   Hearings: Hearings by the board of zoning adjustment shall be held within such time and upon such notice to interested parties as provided in this title 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 such order upon the appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or attorney.

   C.   Decisions: The board of zoning adjustment may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made. The reasons for the board's decision shall be stated. A majority vote of the board of zoning adjustment shall be necessary to reverse any decisions of an administrative office of the city or to decide in favor of the applicant. (1998 Code)

   A.   Enforcing Officer: It shall be the duty of the zoning administrator to cause the provisions of this title to be properly enforced through the proper legal channels.

   B.   Violations:

      1.   Violation; Refusal To Comply: Any person who shall violate or refuse to comply with any of the provisions of this title shall be subject to the provisions of this section.

      2.   Continuing Violation: Each day that the violation is permitted to exist shall constitute a separate offense.

      3.   Conditional Use Permit: Violation of any condition of a conditional use permit may result in immediate termination of such permit by the city council, following public hearing.

      4.   Notice; Public Hearing: Notice and public hearing of violations and termination proceedings on all nonconforming, any conditional, incompatible, accessory or conditional uses or home occupation uses, shall be given by the city council to the interested party or parties by certified mail or in lieu thereof by one legal published notice at least ten (10) days before the hearing date.

   C.   Penalty: Any person convicted of a violation of any section of this title shall be guilty of a misdemeanor and shall be subject to the penalty for a misdemeanor as provided in section 1-4-1 of this code.

   D.   Additional Remedies: In addition to other remedies, the zoning administrator may institute any proper action or proceedings in the name of the city, and hereby shall have the powers of a police officer to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such violations to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about said premises. (1998 Code)