(a)

The administration of this title is vested in three offices of the government of the city as follows:

(1)

The office of the zoning administrator;

(2)

The zoning board of appeals;

(3)

The planning commission.

(b)

This chapter shall first set out the authority of each of these three offices and then describe the procedure and substantive standards with respect to the following administrative functions:

(1)

Issuance of zoning certificates;

(2)

Issuance of occupancy certificates;

(3)

Variations;

(4)

Appeals;

(5)

Amendments;

(6)

Special uses;

(7)

Fees;

(8)

Penalties.

(Code 1994, § 5-11-1; Ord. No. 1629, 12-27-1979)

The zoning administrator, through authorized organizational personnel, shall enforce this title, and in addition thereto and in furtherance of the authority, shall:

(1)

Issue all zoning certificates and make and maintain records thereof.

(2)

Issue all certificates of occupancy and make and maintain records thereof.

(3)

Conduct inspections of buildings, structures and use of land to determine compliance with the terms of this title.

(4)

Maintain permanent and current records of this title, including, but not limited to, all maps, amendments, special uses, variations, appeals and applications therefor.

(5)

Provide and maintain a source of public information relative to all matters arising out of this title.

(6)

Receive, file and forward to the zoning board of appeals all applications for appeals, variations, special uses, amendments to this title or other matters on which the zoning board of appeals is required to pass under this title.

(7)

Issue permits regulating the erection and use of tents for periods not to exceed ten days for specific purposes, such as temporary carnivals, churches, charities, eleemosynary uses and revival meetings which are not detrimental to the public health, safety, morals, comfort, convenience or general welfare of the people of the city; provided, however that the tents or operations are in conformance with all other provisions of this Code.

(8)

Determine use, lot and bulk requirements in specific instances as stipulated in chapters 8, 9 and 10 of this title.

(9)

Initiate, direct and review from time to time a study of the provisions of this title and make recommendations to the zoning board of appeals as such study requires.

(10)

On an annual basis on or about the conclusion of each calendar year, conduct a review of all special uses to determine any noncompliance with the conditions under which the special use was issued. Notify property owners of any violations not complying with such conditions. Utilize appropriate enforcement measures. Prepare an annual report on status of special uses for council.

(11)

Administer the provisions of this title pertaining to the regulation of publicly accessible collection bins.

(Code 1994, § 5-11-2; Ord. No. 2544, 10-29-1991; Ord. No. 3938, § 3, 11-30-2010)

The zoning board of appeals of the city is the zoning board of appeals referred to in this title. The zoning board of appeals is vested with the jurisdiction and authority to hear and decide all matters upon which it is required to pass under this title. See title 2, chapter 17.

(Code 1994, § 5-11-3; Ord. No. 2544, 10-29-1991; Ord. No. 4538, § 1, 1-5-2021)

The planning commission of the city is the planning commission referred to in this title. The planning commission is vested with the jurisdiction and authority to hear and decide all matters upon which it is required to pass under this title. See title 2, chapter 5.

(Code 1994, § 5-11-4; Ord. No. 2544, 10-29-1991)

(a)

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department or employee of the city unless the application for such permit has been subjected to administrative review as established by the zoning administrator. Such administrative approval shall be denoted by the affixing of a certification indicating that the proposed use, building or structure complies with all the provisions of this title. Any permit or certificate of occupancy issued in conflict with the provisions of this title shall be null and void.

(b)

Plats. Every application for a building permit shall be accompanied by a plat, in duplicate, of the piece or parcel of land, lot, block, or parts or portions thereof, drawn to scale showing the actual dimensions as certified by a land surveyor or civil engineer licensed by the state as a true copy of the piece or parcel, lot, block, or portions thereof, according to the registered or recorded plat of such land, and a plat, in duplicate, drawn to scale in such form as may from time to time be administratively prescribed showing the ground area, height and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building, structure or land and such other information as may be required for the proper enforcement of this title.

(Code 1994, § 5-11-5)

(a)

No building or addition thereto constructed after the ordinance from which this title is derived, and no addition to a previously existing building shall be occupied and no land, vacant on the ordinance from which this title is derived shall be used for any purpose until a certificate of occupancy has been issued by the zoning administrator or authorized agent. No change in a use, other than that of a permitted use, shall be made until such certificate of occupancy has been issued. Every certificate of occupancy shall state that the use or occupancy complies with the provisions of this title.

(b)

Application for occupancy certificates. Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the office of the zoning administrator.

(c)

Issuance of occupancy certificates. No occupancy certificate for a building or portion thereof constructed after the ordinance from which this title is derived, shall be issued until construction has been completed and the premises inspected and certified to be in conformity with the plans and specifications upon which the zoning certificate was based. Pending the issuance of a regular certificate, a temporary certificate may be issued, to be valid for a period not to exceed six months from its date, during the completion of any addition or during partial occupancy of the premises. The occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than seven days after the office of the zoning administrator is notified in writing that the building or premises is ready for occupancy.

(d)

The building commissioner may revoke an occupancy certificate of a community residence if its license or certification, or the operator's license or certification to operate community residences, is revoked.

(e)

An occupancy certificate is not transferable to another operator or to another location.

(Code 1994, § 5-11-6; Ord. No. 2669, § 16, 10-5-1993)

(a)

Purpose. The zoning board of appeals, after a public hearing, may determine and vary the regulations of this title in harmony with their general purpose and intent only in the specific instances hereinafter set forth; where the zoning board of appeals makes findings of fact in accordance with the standards hereinafter prescribed and, further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title.

(b)

Application for variations and notice of hearing. An application for a variation shall be filed in writing with the zoning administrator. The application shall contain such information as the zoning board of appeals may, by rule, require. Notice of such public hearing shall be published at least once not more than 30 days nor less than 15 days before the hearing in a newspaper of general circulation in the city. The published notice may be supplemented by such additional form of notice as the zoning board of appeals, by rule, may require.

(c)

Standards for variations. The zoning board of appeals shall not vary the regulations of this title, as authorized in this section, unless it shall make findings based upon the evidence presented to it in each specific case that:

(1)

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

(2)

The conditions upon which a petition for a variation is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification;

(3)

The purpose of the variation is not based exclusively upon a desire to make more money out of the property;

(4)

The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the property;

(5)

The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and

(6)

The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public street, or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood.

The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this section, to reduce or minimize the effect of such variation upon other properties in the neighborhood, and to better carry out the general intent of this title.

(d)

Authorized variations. Variations from the regulations of this title shall be granted by the zoning board of appeals only in accordance with the standards established in this section, and may be granted only in the following instances, and in no others:

(1)

To permit any yard or setback less than a yard or a setback required by the applicable regulations;

(2)

To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot be less than 90 percent of the required area and width;

(3)

To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;

(4)

To reduce the applicable loading facilities required by not more than 20 percent of the applicable regulations, whichever number is greater;

(5)

To increase by not more than 25 percent the maximum distance that required parking spaces are permitted to be located from the use served;

(6)

To increase the width of driveway or curb cuts in manufacturing districts with respect to access to parking or docking facilities as set forth in section 5-7-3; and

(7)

To allow parking facilities inconsistent with the requirements set forth in section 5-7-6.

(e)

Decisions. The concurring vote of four members of the zoning board of appeals shall be necessary to grant a variation. No order of the zoning board of appeals granting a variation shall be valid for a period longer than six months from the date of such order unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

(Code 1994, § 5-11-7; Ord. No. 1854, 3-30-1982; Ord. No. 2544, 10-29-1991; Ord. No. 4373, § 3, 3-20-2018)

(a)

Scope of appeals. An appeal may be taken to the zoning board of appeals by any person or by any office, department, board or bureau aggrieved by a decision of the zoning administrator or authorized agent. Such an appeal shall be taken within such time as shall be prescribed by the zoning board of appeals by general rule, by filing with the city clerk a notice of appeal specifying the grounds thereof. The city clerk shall forthwith transmit to the zoning board of appeals all of the papers constituting a record upon which the action appealed from was taken.

(b)

Findings on appeals. An appeal shall stay all proceedings in furtherance of the action appealed unless the zoning administrator certifies to the zoning board of appeals, after notice of the appeal has been filed with the city clerk, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed unless by a restraining order which may be granted by the zoning board of appeals or by a court of record on application of the zoning administrator and on due cause shown.

(c)

Hearing. The zoning board of appeals shall select a reasonable time and place for the hearing of the appeal and give notice thereof to the parties and shall render a written decision on the appeal without unreasonable delay. The zoning board of appeals may affirm or may, upon the concurring vote of four members, reverse, wholly or in part, or modify the order, requirement, decision or determination that, in its opinion, ought to be done; and, to that end, shall have all the powers of the officer from whom the appeal is taken. The zoning administrator shall maintain records of all sections of the zoning board of appeals relative to appeals.

(Code 1994, § 5-11-8)

(a)

Authority. For the purpose of promoting the public health, safety, morals, comfort, general welfare; to conserve the value of property throughout the city; and to lessen or avoid congestion in the public streets and highways, the city council may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this title, provided that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantages of the entire city and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.

(b)

Initiation of amendment. Amendments may be proposed by the city council, zoning board of appeals, planning commission or any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or any exclusive possessory interest which is specifically enforceable.

(c)

Application for amendment. An application for an amendment shall be obtained from and filed with the zoning administrator in such form and accompanied by such information as required by the zoning board of appeals.

(d)

Hearing on applications. The zoning board of appeals shall hold a public hearing on each application for an amendment at such time and place as shall be established by the board. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the board shall, by rule, prescribe from time to time.

(e)

Findings of fact and recommendation of the zoning board of appeals. Within 30 days after the close of the hearing on a proposed amendment, the zoning board of appeals shall make written findings of fact and shall submit same together with its recommendations to the city council. If the proposed amendment does not receive a majority vote of the board as required under section 5-12-3, the board's recommendation will be considered a denial of the application. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the board shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

(1)

Existing uses of property within the general area of the property in question;

(2)

The zoning classification of property within the general area of the property in question;

(3)

The suitability of the property in question to the uses permitted under the existing and proposed classifications;

(4)

The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the date the property in question was placed in its present zoning classification;

(5)

Minimum size of parcel. A lot, lots or parcel of land shall not qualify for a zoning amendment unless it possesses 200 feet of frontage or contains 25,000 square feet of area, or adjoins a lot, lots or parcel of land which bears the same zoning district classification as the proposed amendment;

(6)

Public interest. The zoning board of appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant. The board may recommend the adoption of an amendment changing the zoning classification of the property in question to any other classification than that requested by the applicant.

(f)

Action by the city council.

(1)

The city council shall not act upon a proposed amendment to this title until it shall have received a written report and recommendation from the zoning board of appeals on the proposed amendment; the written report and recommendation from the zoning board of appeals shall be submitted to the city council within 60 days after the submission of the proposed amendment to the zoning board of appeals. In the event that the zoning board of appeals fails to submit a written report and recommendation within the 60-day period, the city council may take action on the proposed amendment.

(2)

If an application for a proposed amendment is not acted upon finally by the city council within three months of the date upon which such application is received by the board, it shall be deemed to have been denied.

(g)

Simultaneous hearing on special use and/or variation. When an application for a special use and/or a variation is filed in conjunction with an application for a zoning amendment and the applications pertain to the same described property, the zoning board of appeals, after proper public notice, may hold a single public hearing to consider the application for the zoning amendment as well as the application for the special use and/or variation.

(Code 1994, § 5-11-9; Ord. No. 4538, § 2, 1-5-2021)

(a)

Purpose. The development and execution of this title is based upon the division of the city into districts, within which districts the uses of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:

(1)

Uses publicly operated or traditionally affected with a public interest; and

(2)

Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(b)

Initiation of special use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest which is specifically enforceable, may file an application to use land for one or more of the special uses provided for in this title in the zoning district in which the land is located.

(c)

Application for special use. An application for a special use permit shall be filed with the zoning administrator on a form prescribed by the zoning board of appeals. The application shall be accompanied by such plans and/or data prescribed by the board and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in this section.

(d)

Hearing on application. Upon receipt in proper form of the application and statement referred to in this section, the board shall hold at least one public hearing on the proposed special use, not more than 30 days or less than 15 days in advance of such hearing, notice of time and place of such hearing shall be published in a newspaper of general circulation in the city, as prescribed by applicable state statutes. Supplemental or additional notices may be published or distributed as the board may, by rule, prescribe from time to time.

(e)

Authorization.

(1)

After conducting a public hearing on a special use application, the board shall make a recommendation as to whether the special use application should be approved or denied. For each application for a special use permit that receives a recommendation of approval from the board, the board may report to the city council such stipulations or additional conditions and guarantees for the proposed special use that the board has deemed necessary for the protection of the public interest. Upon receiving a recommendation of approval from the board, the city council may grant or deny any application for a special use by a majority vote; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of 20 percent of the frontage immediately adjoining the property proposed for a special use, or by owners of 20 percent of the frontage across the alley or directly opposite therefrom, such special use shall not be granted except by a favorable vote of three-fourths of the city council. The city council may adopt any stipulations or additional conditions and guarantees that are recommended by the board upon approving an application for a special use and may adopt further stipulations or additional conditions and guarantees the city council deems necessary for the protection of the public interest.

(2)

If a special use application does not receive a majority vote of the board as required under section 5-12-3, the board's recommendation will be considered a denial of the application. When the board's recommendation is the denial of the special use application, the applicant may appeal the denial to the city council by providing written notice to the zoning administrator within 15 days of receiving written notice of denial that the applicant seeks to appeal the denial of the special use application to the city council. If the applicant fails to provide notice to the zoning administrator as provided herein, the decision to deny the application will become final and shall be considered the final administrative decision of the city subject to judicial review as provided by law. Upon presentation of the denial appeal to the city council, such special use shall not be granted except by a favorable vote of three-fourths of the city council.

(f)

Standards. No special use shall be recommended by the zoning board of appeals unless such board shall find:

(1)

That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

(2)

That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood;

(3)

That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

(4)

That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

(5)

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

(6)

That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the city council pursuant to the recommendations of the zoning board of appeals;

(7)

That where it is found a use not otherwise acceptable to the neighborhood in which located would be acceptable with certain conditions of use operation and improvement, the zoning board of appeals may recommend and the council may require the granting of such nonconforming special use subject to specified conditions. Such conditions may include:

a.

Landscape screening or fencing.

b.

Hours of operation.

c.

Night lighting (including parking areas) so as not to be annoying to surrounding properties.

d.

Requirements for access lanes and parking areas to protect pedestrian safety.

e.

Restraint on signage so as to be compatible with surrounding properties.

f.

Limitation on outdoor storage.

g.

Where any site plan expansion is proposed.

h.

Any other such requirements which, in the opinion of the zoning board of appeals or council, would render the use compatible with surrounding properties.

(g)

Termination of special uses. Any special use authorized by the city council shall be deemed to have automatically terminated upon the occurrence of any of the following:

(1)

Except with respect to a planned development special use, the failure to establish the special use within one year after authority to establish the special use is granted by the city council.

(2)

With respect to a planned development special use, the failure to abide by time limits made applicable to such special use by action of the city council or by this title.

(3)

After establishment of a special use, the discontinuation of that use for a period of 12 consecutive months.

(4)

The violation of any condition, stipulation or agreement placed upon the special use by the city council. In the event that a special use authorized with respect to any parcel of property within the city is discontinued, abandoned or terminated as provided in this section, the only uses which may be established on that parcel are the permitted uses authorized under the zoning regulations applicable to that parcel or any special use authorized by the city council which has not been terminated, discontinued or abandoned in accordance with the provisions of this title.

(h)

Effect of special use permit. Upon the authorization of any special use, including a planned development special use, with respect to a given parcel, any person entitled by any possessory interest to utilize that parcel may establish the authorized special use but only in accordance with any conditions, stipulations or agreements applicable to such special use. In the alternative, any such person may establish with respect to such parcel any permitted use authorized by the zoning regulations applicable to the district in which the parcel is located.

(Code 1994, § 5-11-10; Ord. No. 2544, 10-29-1991; Ord. No. 4524, § 1, 11-3-2020; Ord. No. 4538, § 3, 1-5-2021)