A.   Required; Application: No person shall commence to construct, alter or move a building or structure, or to make a change in use of any land within the territory shown on the zone map which has been adopted as a part of this title without first submitting an application and obtaining a permit therefor from the zoning administrator or other authorized officer; provided however, that permits for the moving of structures shall be granted only in compliance with the requirements as set forth in section 10-8-7 of this title. Said permit shall also be required for the moving and/or improvement of mobile homes, demountable homes, manufactured homes and similar movable structures, except when being moved from outside the city into an approved manufactured home park. (Ord. 4-8-86, 4-8-1986; amd. Ord. 2004-4, 12-16-2004)

   B.   Plans Required: All applications for building permits shall be accompanied by plans which have been drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of existing buildings, and, as required, the location and layout of off street parking and a planting plan showing how the premises will be landscaped. A careful record of said application and plans shall be kept in the office of the building inspector for a period of five (5) years from the date of receipt thereof. (Ord. 4-8-86, 4-8-1986; amd. Ord. 2010-1, 1-28-2010)

   C.   Compliance: From the time of the effective date hereof, permits shall not be granted for the construction or alteration of any building or structure or for the moving of a building or structure onto a lot or for the change in use of any land, building or structure, if such construction, alteration, moving or change in use would be a violation of any provision of this title, nor shall any sewer or water service line or electric utilities be installed to serve the premises if such use would be in violation of this title. (Ord. 4-8-86, 4-8-1986)

No license shall be issued by an official or employee vested with the duty and authority to issue licenses which would not be in conformance with the provisions of this title. Any license so issued shall be null and void. (Ord. 4-8-86, 4-8-1986)

For the purpose of the above provision, "construction" and "alteration" shall be defined as the erection, reconstruction, remodeling or razing of any structure to the extent of one hundred dollars ($100.00) in replaceable value. (Ord. 4-8-86, 4-8-1986)

   A.   Appointed: The zoning administrator appointed under the direction of the mayor and council is hereby designated to act in conjunction with the building inspector, who shall be charged with the administration and enforcement of this title. The city council may also appoint other officers to assist in the administration and enforcement of this title.

   B.   Powers And Duties:

      1.   It shall be the duty of the zoning administrator to approve zoning clearance applications prior to submission to the building inspector. He shall enforce all of the provisions of this title, entering actions in the courts, when necessary and upon approval from the city council; and his failure to do so shall not legalize any act in violation of such provisions.

      2.   Upon appeal to the board of adjustments or acting appeal authority of any matters on which said board is required to pass, the zoning administrator shall forthwith transmit all papers, records and other pertinent data pertaining to the appeal to the board of adjustment or acting appeal authority as required by the terms of this title. The zoning administrator shall also refer matters to the planning commission and city council as set forth in this title. (Ord. 2010-1, 1-28-2010)

   A.   Created, Members, Terms: There is hereby created a Board of Adjustment which shall consist of five (5) members, each to be appointed by the City Council for a term of five (5) years; provided, that the terms of the members of the first Board so appointed shall be such that the term of one member shall expire each year. One member but not more than one member of the Planning Commission shall be a member of the Board of Adjustment. Any member may be removed for cause by the City Council upon written charges and after a public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term has not been completed.

   B.   Organization, Meetings, Records: The Board of Adjustment shall organize and elect a chairperson and adopt rules in accordance with the provisions of this Title. 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, shall conduct all meetings and may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. 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 facts, and shall keep records of its examinations and other official acts, all of which shall be filed immediately in the office of the Board and shall be a public record. Robert's Rules of Order shall be followed in the conduct of meetings wherever applicable.

   C.   Powers And Duties: The Board of Adjustment shall have judicial power to interpret the provisions of this Title. It shall also have administrative duties to grant variances and special exceptions or conditional use permits, as follows:

      1.   Interpret Ordinance And Map:

         a.   Intent: It is the intent of this provision to provide a way whereby applicants who think that the Zoning Administrator is in error or does not interpret the provision of the Zoning Title correctly, to obtain a relief from such error in an expeditious and inexpensive manner without having to resort to the courts.

         b.   Duty To Interpret: The Board of Adjustment shall hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made in the enforcement of this Title. The Board of Adjustment shall also interpret the Zone Map and boundaries thereof in cases of dispute or disagreement.

      2.   Grant Variances: The Board of Adjustment may authorize upon appeal, variances from the terms of this Title pertaining to area and width of lot, size of yards and height and size of buildings, where owing to special conditions peculiar to the property, a literal enforcement of the provisions of this Title would result in a hardship which is unnecessary in carrying out the intent of this Title. Before any variance may be granted, however, it must be shown that:

         a.   The variance will not substantially affect the Comprehensive Plan of zoning and that adherence to the strict letter of this Title will cause difficulties and hardships upon the petitioners, which are unnecessary in order to carry out the purposes of this Title.

         b.   Special circumstances attach to the property covered by the application that do not apply to other property in the same zone.

         c.   That because of said special circumstances, property covered by the application is deprived of privileges possessed by other properties in the same zone; and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone.

         d.   That the difficulties and hardships were not created by any act of the appellant subsequent to the effective date of the regulation appealed from.

      3.   Grant Certain Special Exceptions Or Conditional Uses:

         a.   Intent: There are certain uses which are not permitted within particular zones unless they are made to comply with conditions which are compatible with other uses in the same zone. It is the intent of this provision to authorize the Board of Adjustment to use its discretion in prescribing these conditions. However, the Board of Adjustment may not authorize a conditional use unless such use is specifically permitted by the terms of this Title.

         b.   Duty To Prescribe Conditions: The Board of Adjustment shall hear and decide requests for "special exceptions", but only when authorized by the terms of this Title to do so. In deciding whether or not to grant a special exception, the Board shall be guided by the conditions set forth in this Title with respect thereto, which conditions shall be deemed to be the minimum standards which must be complied with.

      4.   Attach Reasonable Conditions: The Board of Adjustment may attach reasonable conditions or requirements to the grant of a variance, special exception or conditional use which the petitioner must comply with as a condition of the grant or approval. A time limit of one year shall be attached to the exercise or nonexercise of any grant unless specifically extended by action of the Board. (Ord. 4-8-86, 4-8-1986)

      5.   Reverse Or Affirm Zoning Administrator: In performing the duties and powers as set forth herein, the Board of Adjustment is hereby empowered to reverse or affirm wholly or partly or modify the order, requirement, decision or determination of the Zoning Administrator and may make such order or requirement as ought to be made; provided however, that in interpreting and applying the provisions of this Title, the requirements contained herein shall be deemed to be the minimum requirements for the purpose set forth. (Ord. 4-8-86, 4-8-1986; amd. 1998 Code)

   D.   Authority Limited: The powers and duties of the Board of Adjustment are limited to judicial and administrative matters as set forth in this Title. The Board of Adjustment shall not have the authority to amend this Title, nor to correct what it may consider to be an unwise requirement. Nevertheless, the Board of Adjustment shall have powers and duties as set forth in this Title and within the limitations and intent of the provisions of this Title, shall perform its duties and shall have the power to perform those acts as herein set forth.

   E.   Vote: The concurring vote of three (3) members of the Board shall be necessary to decide upon any matter upon which it is required to pass. (Ord. 4-8-86, 4-8-1986)

   F.   Appearances Before Board:

      1.   Application; Fee: Any citizen or person, or any officer of a City department may appeal to the Board of Adjustment by filing a request in writing with the Zoning Administrator and by paying a fee of twenty five dollars ($25.00), provided such appeal is made within thirty (30) days from the grant or refusal of a building permit by the Zoning Administrator. The request to appear before the Board of Adjustment shall be made on forms furnished by the Zoning Administrator. (Ord. 4-8-86, 4-8-1986; amd. 1998 Code)

      2.   Procedure: Upon receipt of the application, the Zoning Administrator shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. The Board of Adjustment shall review the application and shall return the same to the Zoning Administrator with its decision pertaining thereto within thirty (30) days. Failure to return said application within thirty (30) days shall constitute approval. An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board of Adjustment or by the District Court on application and notice to the Zoning Administrator and on due cause shown.

      3.   Hearing: The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof by posting in three (3) public places and by mail to adjacent property owners, and decide the same within a reasonable time. Any party may appear at the hearing, in person or by agent or by attorney.

      4.   Action Of The Board: The Board of Adjustment shall make determinations in harmony with the provisions of this Title and shall notify the Zoning Administrator of the action taken.

      5.   Recourse From Decision: Any person aggrieved by any decision of the Board of Adjustment may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction; provided, that petition for such relief is presented to the court within thirty (30) days after the filing of such decision to the office of the Board of Adjustment. (Ord. 4-8-86, 4-8-1986)