(a)

A board of zoning appeals is hereby created. Such board shall consist of five members to be appointed by the council, all of whom shall be residents and all of whom shall be persons with expert knowledge of construction, architecture, fine arts, engineering, landscape architecture or law. The terms of all members shall be of such length and so arranged that the term of one member will expire each year. Each member shall serve until his successor is appointed and qualified. Members of the board shall be removable for nonperformance of duty, misconduct in office, or other cause by the council upon written charges having been filed with the council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by registered mail, or by leaving the same at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by the council and shall be for the unexpired term.

(b)

The board shall organize and adopt rules in accordance with the provisions of this chapter. Meetings of the board shall be held at the call of the chairperson, and at such other times as the board may determine. The chairperson, or in his absence the acting chairperson, may administer oaths and the board may compel the attendance of witnesses. All meetings of the board shall be open to the public. All business of the board shall be transacted at such meetings. The board may conduct a telephone conference with absent members during all or any part of a meeting.

(c)

The board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the council and shall be a public record.

(d)

Appeals to the board may be taken by any person aggrieved. Such appeal shall be taken within 20 days after the decision by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. The board shall fix a reasonable time for the hearing of the appeal, give ten days' notice to the parties in interest, and decide the same within a reasonable time after it is submitted. Upon the hearing, any party may appear in person or by attorney.

(e)

The powers of the board are:

(1)

To interpret the ordinance, being:

a.

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building inspector in the enforcement of this chapter.

b.

To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of the ordinance from which this chapter is derived.

c.

To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this chapter, where the street layout on the ground varies from the street layout as shown on the map.

(2)

To permit the following two exceptions:

a.

Use of premises for public utility and railroad purposes or for a radio or television tower or broadcasting station.

b.

Reconstruction of a nonconforming building that would otherwise be prohibited by section 64-269, where such action would not constitute continuation of a monopoly.

(3)

To permit the following two variations:

a.

Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition when related to the yard regulations of this chapter would prevent a reasonable or sensible arrangement of buildings on the lot.

b.

Vary the parking regulations where an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by this chapter, but providing that such a reduction not be more than 50 percent of the usual requirement.

(Ord. No. 1787-2019, art. III, § 9A, 2-11-2019)

(a)

Duties. It shall be the duty of the building inspector to enforce this chapter. The building inspector shall receive applications required by this chapter, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with. He shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for. He shall, when requested by the mayor or council, or when the interests of the municipality so require, make investigations in connection with matters referred to in this chapter and render written reports on the same. For the purpose of enforcing compliance with law, he shall issue such notices or orders as may be necessary.

(b)

Inspections. Inspections shall be made by the building inspector or a duly appointed assistant.

(c)

Rules. For carrying into effect its provisions, the building inspector may adopt rules consistent with this chapter.

(d)

Records. The building inspector shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued. He shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the building inspector.

(e)

Cooperation of other officials. The building inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the engineer in fixing grades, of the police chief in enforcing orders, of the attorney in prosecuting violations, and of other officials.

(Ord. No. 1787-2019, art. III, § 9B1, 2-11-2019)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this chapter imposes a greater restriction, this chapter shall control.

(Ord. No. 1787-2019, art. III, § 9D, 2-11-2019)

(a)

The council may, from time to time, on its own motion or on petition, after public notice and hearing as provided by law and after report by the planning and zoning commission, amend, supplement or change the boundaries or regulations herein or subsequently established. In case the planning and zoning commission disapproves the proposed change, such amendment shall not be passed except by the favorable vote of three-fourths of all members of the council. If no report is received from the commission in 60 days, it may be assumed that the commission has approved the amendment.

(b)

Before any action shall be taken as provided in this section, the party proposing or recommending a change in the district regulations or district boundaries shall deposit with the city treasurer the sum of $50.00 to cover the approximate cost of this procedure and under no condition shall the sum or any part thereof be refunded for failure of the change to be adopted by the council.

(Ord. No. 1787-2019, art. III, § 9F, 2-11-2019)

The owner or agent of a building or premises in or upon which a violation of any portion of any provision of this chapter has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist; or the agent, architect, building contractor, or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than $10.00 and not more than $100.00 for each day that such violation continues, but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than $100.00 nor more than $250.00 for each day that such violation shall continue, or by imprisonment for ten days for each day such violation, or by both such fine and imprisonment, at the discretion of the court. Any such person, having been served with an order to remove such violation, failing to comply with the order within ten days after the notice or continuing to violate any provision of the regulations made under the authority of this chapter in the respect named in such order, shall also be subject to a civil penalty of $100.00.

(Ord. No. 1787-2019, art. III, § 11, 2-11-2019)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the district map accompanying and made a part of this chapter, the following rules apply:

(1)

The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this chapter are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.

(2)

Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the district map accompanying and made a part of this chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.

(3)

In unsubdivided property, the district boundary lines on the map accompanying and made a part of this chapter shall be determined by use of the scale appearing on the map.

(Ord. No. 1787-2019, art. III, § 9C, 2-11-2019)

(a)

An application shall be filed with the building inspector to obtain a conditional use permit for:

(1)

A new conditional use as listed in the zoning districts; or

(2)

For the alteration or extension of any existing conditional use developed prior to the adoption or amendment of this chapter.

(3)

The application shall include a site plan, drawn to scale, of the entire parcel showing dimensions of the parcel, setbacks, and all existing buildings and structures, proposed buildings and parking areas.

(4)

The building inspector shall submit a proper application, with the applicant's description of the proposed use, to the city planning and zoning commission. The planning and zoning commission shall review, consider and prepare a written report, recommending approval, revisions or denial to the city council.

(b)

In considering whether or not such application shall be granted, it shall be the duty of the city planning and zoning commission and of the city council to give consideration to the effect of the requested use on health, safety, morals and the general welfare of the residents in the area in the vicinity of the property in question, and the residents of the city generally, including the effect on:

(1)

Traffic in the streets;

(2)

Fire hazards;

(3)

Overcrowding of land or undue concentration of people;

(4)

Fire, police and utility services;

(5)

Municipal expenditures;

(6)

The character of the district, and the property values in the area; and

(7)

The general suitability of the property in question for the proposed use.

(c)

After report by the city planning and zoning commission, the city council shall hold a public hearing, consider all factors related to the request and subject to any protective restrictions, approve or deny the application.

(Ord. No. 1787-2019, art. III, § 9E, 2-11-2019)

It shall not be lawful to construct, alter, repair, remove or demolish, or to commence the construction, alteration, removal or demolition of a building or structure, without first filing with the building inspector an application in writing and obtaining a formal permit.

(Ord. No. 1787-2019, art. III, § 9B(2)(a), 2-11-2019)

An application for a permit shall be submitted in such form as the building inspector may prescribe. Such application shall be made by the owner or lessee, or agent of either, or the architect, engineer, or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee, or the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application. Such application shall contain the full names and addresses of the applicant and the owner, and, if the owner is a corporate body, of its responsible officers. Such application shall describe briefly the proposed work and shall give such additional information as may be required by the building inspector for an intelligent understanding of the proposed work. Such application shall be accompanied by payment of such fees as the council may determine from time to time.

(Ord. No. 1787-2019, art. III, § 9B(2)(b), 2-11-2019)

Application for permits shall be accompanied by such drawings of the proposed work, drawn to scale, including such floor plans, sections, elevations and structural details, as the building inspector may require.

(Ord. No. 1787-2019, art. III, § 9B(2)(c), 2-11-2019)

There shall also be filed a plot diagram in a form and size suitable for filing permanently with the permit record, drawn to scale, with all dimensions figured, showing accurately the size and exact location of all proposed new construction or, in the case of demolition, of such construction as is to be demolished, and of all existing buildings prepared by, and signed by, a registered surveyor, engineer or architect.

(Ord. No. 1787-2019, art. III, § 9B(2)(d), 2-11-2019)

Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.

(Ord. No. 1787-2019, art. III, § 9B(2)(e), 2-11-2019)

Nothing contained in this chapter shall require any change in the plans, construction, size or designated use of a building for which a valid permit has been issued or lawful approval given before the effective date of this chapter; provided, however, construction under such permit or approval shall have been started within six months and the ground story framework, including structural parts of the second floor, shall have been completed within one year and the entire building completed within two years after the effective date of the ordinance from which this chapter is derived.

(Ord. No. 1787-2019, art. III, § 9B(2)(f), 2-11-2019)

It shall be the duty of the building inspector to examine applications for permits within a reasonable time after filing. If, after examination, he finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, he shall approve such application and issue a permit for the proposed work as soon as practicable. If his examination reveals otherwise, he will reject such application, noting his finding in a report to be attached to the application and delivering a copy to the applicant.

(Ord. No. 1787-2019, art. III, § 9B(2)(g), 2-11-2019)

Nothing in this section shall be construed to prevent the building inspector from issuing a permit for the construction of part of a building or structure before the entire plans and detailed statements of the building or structure have been submitted or approved, if adequate plans and detailed statements have been presented for the same and have been found to comply with this chapter.

(Ord. No. 1787-2019, art. III, § 9B(2)(h), 2-11-2019)

All work performed under a permit issued by the building inspector shall conform to the approved application and plans, and approved amendments thereof. The location of all new construction as shown on the approved plot diagram, or an approved amendment thereof, shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in conditions shall have been filed and approved; provided that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.

(Ord. No. 1787-2019, art. III, § 9B(2)(i), 2-11-2019)

Every permit issued by the building inspector under the provisions of this chapter shall have his signature affixed thereto, but this shall not prevent him from authorizing a subordinate to affix such signature.

(Ord. No. 1787-2019, art. III, § 9B(2)(j), 2-11-2019)

A permit under which no work is commenced within one year after issuance shall expire by limitation.

(1)

Posting of permit. A copy of the permit shall be kept on the premises open to public inspection during the prosecution of the work and until the completion of same. The building inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. The building inspector shall be given at least 12 hours' notice of the starting of work under a permit.

(2)

Revocation. The building inspector may revoke a permit or approval issued under the provisions of this chapter in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

(Ord. No. 1787-2019, art. III, § 9B(2)(k), (l), (m), 2-11-2019)

No building shall be occupied before a certificate of occupancy has been issued. Certificate of occupancy for a new building or the reconstruction or alteration of an existing building shall be applied for coincident with the application for a building permit and the certificate shall be issued within three days after the request for same shall have been made in writing to the building inspector after the erection or alteration of such building or part thereof shall have been completed, in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector for a period not exceeding one year, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the tenants relating to the use or occupancy of the premises or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

(Ord. No. 1787-2019, art. III, § 9B(2)(n), 2-11-2019)

Certificate of occupancy for the use of vacant land or the change in the character of the use of land, as herein provided, shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within three days after the application has been made, provided such use is in conformity with the provisions of these regulations.

(Ord. No. 1787-2019, art. III, § 9B(2)(o), 2-11-2019)

Certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health regulations. A record of all certificates shall be kept on file in the office of the building inspector and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy.

(1)

Certificate of occupancy for nonconforming uses. A certificate of occupancy shall be required of all nonconforming uses. Applications for such certificate for nonconforming uses shall be filed within 12 months from the effective date of this chapter.

(2)

Relationship to excavation permit. No permit for excavation for any building shall be issued before application has been made for certificate of occupancy.

(Ord. No. 1787-2019, art. III, § 9B(2)(p), (q), (r), 2-11-2019)