The mayor, with the approval of the city council, may appoint one or more zoning administrators for the city, who shall be charged with the duty of seeking compliance with this article and performing the other tasks as directed by the zoning board of appeals. The zoning administrator shall:

(1)

Make periodic inspections of the city and zoned territory outside of the city corporate limits for the purpose of assuring compliance with this chapter.

(2)

Have the authority to issue zoning permits, stop work orders and other administrative notices.

(3)

File monthly reports with the city council as to all city activities involving zoning and duties performed as zoning administrator.

(Ord. No. 2-12-2003, § 16.01, 2-12-2003)

(a)

The mayor, with the approval of the city council, may appoint one or more building inspectors for the city who shall be charged with the duty of inspecting improvements and proposed improvements within territory zoned by the city to ensure compliance with the building permits, building codes and compliance with other applicable laws, rules and regulations.

(b)

The building inspector shall make periodic inspections of the city for the purpose of assuring compliance with city ordinances and shall have the authority to issue building permits, stop work orders and other administrative notices.

(Ord. No. 2-12-2003, § 16.02, 2-12-2003)

If after the issuance of a permit or license there are contemplated zoning amendments relevant to the permit or license, the permit or license may be suspended unless substantial construction has been started within 90 days of the issuance of the permit or license. Within three months of suspension of permit or license, an amended ruling shall be made on the application for the permit or license. Without the amended ruling within three months, the license or permit before suspended shall again be considered valid.

(Ord. No. 2-12-2003, § 16.07, 2-12-2003)

The mayor, with the approval of the city council, shall appoint a zoning board of appeals consisting of seven members, who reside within the corporate limits. One of such seven members shall be designated as chairman.

(Ord. No. 2-12-2003, § 16.03A, 2-12-2003)

The term of office for zoning board of appeals members shall be five years or until their respective successors are appointed. Terms of office may be adjusted by the mayor with the approval of the city council from time to time so that terms of no more than two members terminate within the same year. The board shall be charged with the duty of inspecting improvements and proposed improvements within territory zoned by the city to ensure compliance with the building permits, building codes and compliance with other applicable laws, rules and regulations.

(Ord. No. 2-12-2003, § 16.03A, 2-12-2003)

The board shall adopt its own rules of procedure not in conflict with this chapter or with applicable state law.

(Ord. No. 2-12-2003, § 16.03B, 2-12-2003)

(a)

Meetings of the board shall be held at the call of the mayor, chairman of the board or any two members of the board or at such times as the board may determine to hear matters required under this chapter or required under applicable law.

(b)

All hearings conducted by the board shall be open to the public.

(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 the fact, and shall also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation, zoning map amendment or special permit, and the reasons for granting or denying the application shall be specified.

(d)

Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination by the board shall be filed immediately with the city clerk with copies provided to the zoning administrator or the building inspector, as applicable.

(Ord. No. 2-12-2003, § 16.03B, 2-12-2003)

No person shall commence any new construction or an additional structure to an existing building, including a porch or deck, destruction, exterior improvement, subdivision of land or other development within the limits of the city without first obtaining a building permit. The application for a building permit shall be a form as required by the city council and shall be accompanied with the following:

(1)

A filing fee in the amount provided on the city fee schedule;

(2)

Two copies of building plans;

(3)

Two copies of a line drawing or plat illustrating the boundaries of the lot, the location of all improvements, and the location of any proposed improvements; and

(4)

A copy of the applicant's deed or other documents indicating ownership interest in the subject property.

(Ord. No. 2-12-2003, § 16.04A, 2-12-2003; Ord. No. 9-10-03, § 3, 9-10-2003; Ord. No. 4-13-2005B, 4-13-2005)

(a)

Building permit application forms are available in and shall be filed with the office of the building inspector. The building inspector may reject an application if it fails to comply with the provisions of this chapter. The applicant has 30 days from notice of rejection to file an amended application at no additional charge.

(b)

If the building inspector fails to approve or reject an application for building permit within 30 days of filing, the application shall be deemed approved.

(Ord. No. 2-12-2003, § 16.04B, 2-12-2003; Ord. No. 9-10-03, § 3, 9-10-2003; Ord. No. 4-13-2005B, 4-13-2005)

(a)

The applicant of an approved application for a building permit shall be issued a numbered building permit, provided a signed copy of the building plans and plat, and provided a zoning guideline which shall include a statement of required inspections. Inspections shall be in compliance with applicable state law. The date and time of inspections shall be arranged with the building inspector, provided that inspections shall be made within four days of a request for an inspection.

(b)

Unless waived by the building inspector, the inspections shall include the following:

(1)

A site inspection to identify and locate proposed excavation which shall be completed and approved prior to any groundbreaking.

(2)

A footing inspection to be completed and approved prior to the pouring of any concrete or setting of any other foundation material.

(3)

A backfill inspection to be completed and approved prior to any wall framing.

(4)

A rough framing inspection to be completed and approved prior to insulating and wall covering.

(5)

A rough electrical, plumbing, heating ventilation and air conditioning inspection to be completed and approved prior to wall covering.

(6)

A final inspection to be completed and approved prior to occupancy of building use.

(Ord. No. 2-12-2003, § 16.04C(1)—(6), 2-12-2003; Ord. No. 9-10-03, § 3, 9-10-2003; Ord. No. 4-13-2005B, 4-13-2005)

Certificates of occupancy shall be issued only upon final inspection approval. No occupancy or use of the improvements that are the subject matter of the permit is permitted until the certificate of occupancy is issued.

(Ord. No. 2-12-2003, § 16.04C(7), 2-12-2003; Ord. No. 9-10-03, § 3, 9-10-2003; Ord. No. 4-13-2005B, 4-13-2005)

The building permit must be conspicuously posted at the main entrance of the lot for which the permit was obtained. The signed copy of building plans and plat shall be available for inspection at the lot for which the permit was obtained.

(Ord. No. 2-12-2003, § 16.04D, 2-12-2003; Ord. No. 9-10-03, § 3, 9-10-2003; Ord. No. 4-13-2005B, 4-13-2005)

Unless otherwise stated on the building permit, building permits shall terminate six months after issuance. Should the activity contemplated for the building permit not be completed upon termination of six months or other time as stated on the building permit, the activity must stop until another building permit is obtained. A continued building permit may be issued at one-half the cost of the original building permit in the same fashion as a building permit if the applicant timely files written request for a continued building permit, identifies the remaining work to be performed, identifies good cause for failure to complete the work within the original term of the building permit and pays the required fee.

(Ord. No. 2-12-2003, § 16.04D, 2-12-2003; Ord. No. 9-10-03, § 3, 9-10-2003; Ord. No. 4-13-2005B, 4-13-2005)

The intended purpose of zoning permits is to ensure that, as to zoned territories outside the corporate limits, there is compliance with traditional zoning matters involving the nature of the use of property and restrictions on height, bulk and area, but not building code regulations.

(Ord. No. 2-12-2003, § 16.04B, 2-12-2003; Ord. No. 9-10-03, § 3, 9-10-2003; Ord. No. 4-13-2005B, 4-13-2005)

In any territory outside the corporate limits of the city but within the 1½ miles of territory zoned by the city beyond the corporate limits, no person shall commence any new construction of an additional structure to an existing building, including a porch or deck, destruction, improvements, subdivision of land or other development without first obtaining a zoning permit from the zoning administrator.

(Ord. No. 2-12-2003, § 16.05A, 2-12-2003; Ord. No. 9-10-03, § 3, 9-10-2003; Ord. No. 4-13-2005B, 4-13-2005)

The application for a zoning permit shall be made on a form as required by the zoning board of appeals. The application shall be accompanied by the following:

(1)

A filing fee as provided on the city fee schedule;

(2)

Two copies of a lined drawing or plat illustrating the boundaries of the lot, the location of all improvements, and the location of any proposed improvements; and

(3)

A copy of the applicant's deed or other documents indicating ownership interest in the subject property.

(Ord. No. 2-12-2003, § 16.05C, 2-12-2003; Ord. No. 9-10-03, § 3, 9-10-2003; Ord. No. 4-13-2005B, 4-13-2005)

Procedures for obtaining and displaying zoning permits shall be the same as for building permits.

(Ord. No. 2-12-2003, § 16.05D, 2-12-2003; Ord. No. 8-20-2003, § 1, 8-20-2003)

Inspections related to zoning permits are limited to those necessary to ensure compliance with information provided on the zoning application. A final inspection shall be completed and approved and a certificate of occupancy shall be issued prior to occupancy and use of the improvements subject matter of the permit.

(Ord. No. 2-12-2003, § 16.05B, 2-12-2003; Ord. No. 9-10-03, § 3, 9-10-2003; Ord. No. 4-13-2005B, 4-13-2005)

Unless otherwise stated on the zoning permit, zoning permits shall terminate six months after issuance. Should the activity contemplated for the zoning permit not be completed upon termination of six months or other time as stated on the zoning permit, the activity must stop until another zoning permit is obtained. An extension of a zoning permit may be issued at one-half the cost of the original zoning permit if the applicant timely files written request for a continued zoning permit, identifies the remaining work to be performed, identifies good cause for failure to complete the work within the original term of the building permit and pays the required fee.

(Ord. No. 2-12-2003, § 16.05D, 2-12-2003; Ord. No. 8-20-2003, § 1, 8-20-2003)

Variances from the terms and regulations of or amendments to this chapter may be granted, as authorized by the statute, in specific cases, where an undue hardship or reasonable cause exists. The variances or amendments shall be granted by the city council, by resolution or ordinance, following a public hearing before the zoning board of appeals and a written recommendation from the board. The grant of the variation or amendment shall incorporate the findings by the zoning board of appeals.

(Ord. No. 2-12-2003, § 15.01, 2-12-2003)

Applications for the grant of a variation shall be made in writing in triplicate, and shall contain all the facts necessary to a consideration of the proposal. The application shall be submitted together with the appropriate fee as provided on the city fee schedule.

(Ord. No. 2-12-2003, § 15.02, 2-12-2003)

No variation or zoning amendment shall be granted by the city council except after a public hearing before the zoning board of appeals, notice of which must be published at least once not less than 15 or more than 30 days before the hearing, and written notice is given by certified mail to all property owners within 250 feet in the case of a proposed variation. After the public hearing, the zoning board of appeals shall make a report to the city council of its recommendations, including the requisite finding of fact.

(Ord. No. 2-12-2003, § 15.03, 2-12-2003)

A grant of variation under the terms of this article may be made subject to the conditions as are proper and necessary for the protection of the public welfare, and use by the applicant or subsequent owner or occupant of the property of the privilege granted by the variation, may be continued only so long as the conditions are complied with.

(Ord. No. 2-12-2003, § 15.04, 2-12-2003)

(a)

No order for a variance permitting the erection or alteration of a building shall be valid for a period longer than six months unless such use is established within such period; provided, however, that, where such use permitted is depending upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(b)

No order for a variance permitting a use of a building or premises shall be valid for a period longer than six months unless such use is established within such period; provided, however, that, where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(Ord. No. 2-12-2003, § 15.05, 2-12-2003)

Any person aggrieved by any decision of the zoning administrator may, within 30 days of the objected to action of the zoning administrator, file an appeal to the zoning board of appeals. The appeal shall be timely filed with the city clerk with the appropriate fee as provided on the city fee schedule.

(Ord. No. 2-12-2003, § 16.08, 2-12-2003)

The board of appeals shall hold a hearing within 30 days of filing of the appeal and shall affirm, overrule or modify the decision of the zoning administrator as the facts may indicate. The board shall keep an accurate record of all its proceedings and of all evidence presented to it and shall furnish the same to the attorney for the city in the event an administrative review action is taken to have its decision reviewed by the courts, as provided by law.

(Ord. No. 2-12-2003, §§ 16.08, 16.09, 2-12-2003)

The concurring vote of two-thirds of the zoning board of appeals shall be necessary for reversal of any decision by the zoning administrator.

(Ord. No. 2-12-2003, § 16.10, 2-12-2003)