The Zoning Administrator shall be in charge of the administration and enforcement of this title, and shall be appointed by the City Council. His duties shall be as follows:

   A.   Receive applications required, issue permits and furnish certificates, all in his judgment and discretion.

   B.   Examine premises for which permits have been issued, and make necessary inspections to determine compliance.

   C.   When requested by the City Council or when the interest of the City so requires, make investigations and render written reports.

   D.   Issue notices or orders as may be necessary.

   E.   Adopt rules and procedures consistent with this title.

   F.   Keep careful and comprehensive records of applications, permits, certificates, inspections, reports, notices, orders and all localized actions of the City Council, and shall file the same permanently by street address.

   G.   Keep all such records open to public inspection, at reasonable hours, but not for removal from his office.

   H.   Report to the Mayor and Council at least once each month as to permits and certificates issued, and orders promulgated.

   I.   Request and receive the assistance and cooperation of the Police Department, the Legal Department, and other City officials.

   J.   Inform the Legal Department of all violations and all other matters requiring prosecution or legal action.

   K.   Discharge such other duties as may be placed upon him by this title. (Ord. B-39, 1969)

The Planning and Zoning Commission shall be the same as established by the provisions of this Code, with additional duties as herein provided:

   A.   The Planning and Zoning Commission shall have general jurisdiction over the administration, application and enforcement of this title, subject to the control and regulations imposed by the City Council. (Ord. B-39, 1969)

   B.   The Planning and Zoning Commission shall meet once each quarter (3 months), or more often, as called by the Chairman. Meetings shall be governed by Robert's Rules of Order. The decisions and actions of a substantive nature at each meeting shall be reported regularly to the City Council. (Ord. B-39, 1969; amd. Ord. D-39, 1-17-2017)

A permit shall be required before commencing work on any building project or structure, as set forth in section 10-4-2 of this title, and issued by the Zoning Administrator in conformity with the provisions of this Code.

   A.   No permit as required by the zoning or building provisions of this Code shall be issued by the Zoning Administrator for construction of a building, structure or land improvement, or an alteration or enlargement of an existing building, structure or land improvement and/or the uses thereof, until the Zoning Administrator ascertains that the application, with accompanying plans and specifications, conforms with the regulations of this title.

   B.   An application for a zoning permit shall be filed with the Zoning Administrator for any building, structure, land improvement and/or the use thereof requiring conformance with this title, even though a permit is not required by other building provisions of this Code.

   C.   All applications for building or zoning permits shall be accompanied by a plat in duplicate drawn to scale showing the actual dimensions of the lot or lots, the size of the building or structure to be erected or structurally altered, its location and elevation on the lot or lots, and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plots shall be kept in the Office of the Zoning Administrator. The Zoning Administrator shall in writing approve or disapprove all building or zoning permits within thirty (30) days after submission thereafter, failure to act shall be deemed approval thereof. (Ord. B-39, 1969)

   A.   Scope Of Permit: A certificate of occupancy shall be required before the occupancy or use of each building or structure hereafter constructed, enlarged or altered, and the regulatory ordinances of this City. No building or addition thereto, constructed after the effective date hereof, and no addition to an existing building shall be occupied, and no land vacant on the effective date hereof shall be used for any purpose, until a certificate of occupancy has been issued by the Zoning Administrator. No change in a use in any district shall be made until a certificate of occupancy has been issued by the Zoning Administrator. Every occupancy certificate shall state that the use or occupancy complies with all the provisions of this title.

   B.   Application For Occupancy Certificates: Every application for a building permit shall also be deemed to be an application for a certificate of occupancy. Every application for a certificate of occupancy for a new or changed use of land, or building where no building permit is required, shall be made to the Zoning Administrator on approved forms.

   C.   Issuance Of Occupancy Certificate: Said certificate shall be issued by the Zoning Administrator, and may be on one form conforming with all the regulatory ordinances of this City. No certificates of occupancy for a building or addition thereto, constructed after the effective date hereof, shall be issued until construction has been completed, and the premises have been inspected and certified by the Zoning Administrator to be in full and complete compliance with the plans and specifications. No addition to a previously existing building shall be occupied, and no new use of a building in any district shall be established until the premises have been inspected and certified by the Zoning Administrator to be in full compliance with all the applicable standards of the zoning district in which it is located. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six (6) months from its date, during the completion of any addition or during partial occupancy of the premises. An 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 fourteen (14) days after the Zoning Administrator is notified in writing that the building or premises is ready for occupancy.

   D.   Certificate For Continued Occupancy Of Nonconforming Uses: Certificates for the continued occupancy of nonconforming uses existing at the time of passage of this title, or made nonconforming by this title, shall state that the use is a nonconforming one, and does not conform with the provisions of this title. The Zoning Administrator shall notify the owners of such property that it is subject to all the limitations and restrictions imposed by the regulatory ordinances of this City upon the nonconforming use of property. (Ord. B-39, 1969)

   A.   Purpose: The Board, upon appeal in specific cases and after a public hearing, may vary the regulations of this title in harmony with their general purpose and intent where the Board makes findings of fact in accordance with the standards hereinafter prescribed and further, finds that there are practical difficulties or unnecessary hardships in the way of carrying out the literal provisions of this title.

   B.   Application For Variance And Notice Of Hearing: An application for a variance shall be filed, in writing, with the Zoning Administrator. The application shall be in the number of copies and contain such information as the Board may, by rule, require. The Board shall select a reasonable time and place for the hearing of the request for a variance. Notice of the time and place of such public hearing shall be published at least once in a publication of general circulation and publication to be made not less than four (4) days nor more than twenty (20) days before the date of the hearing. The Board shall reach its decision within forty five (45) days from the date of the hearing unless such time is extended by mutual consent of the petitioner and the Board. (Ord. C-196, 5-17-1994)

   C.   Variance Review Criteria: The Board of Adjustment shall be permitted to approve, approve with conditions, or deny a request for a variance. Each request for a variance shall be consistent with the following criteria:

      1.   The applicant can demonstrate that without a variance there can be no reasonable use of the property.

      2.   Limitations on the use of the property due to physical, topographical and geological features.

      3.   The grant of the variance will not grant any special privilege to the property owner.

      4.   The grant of the variance is not based solely on economic reasons.

      5.   The necessity for the variance was not created by the property owner.

      6.   The variance requested is the minimum variance necessary to allow reasonable use of the property.

      7.   The grant of the variance will not be injurious to the public health, safety or welfare.

      8.   The property subject to the variance request possesses one or more characteristics generally not applicable to similarly situated properties. (Ord. D-51, 3-19-2019)

   D.   Authorized Variances: Variances from the regulations of this title shall be granted by the Board only in accordance with the standards established in subsection C of this section, and may be granted only in the following circumstances:

      1.   To permit any reduction in a setback requirement in the front, side or rear yard required by this title.

      2.   To allow any reduction in yard size (lot coverage) or greater yard encroachments than are permitted by this title.

      3.   To allow the use of a lot for a use otherwise permitted when such use is prohibited solely because the lot's area, width or depth does not meet minimum requirements.

      4.   To allow no more than twenty five percent (25%) greater or lesser structure height than the maximums or minimums required.

      5.   To allow the same off street parking facility to qualify as required facilities for two (2) or more uses, provided that substantial use of such facilities by each user does not take place at approximately the same times.

      6.   To reduce required off street parking or loading facilities.

      7.   To increase by not more than twenty five percent (25%) the maximum distance that required off street parking facilities are permitted to be located from the use served.

      8.   To extend the period of time that a nonconforming use may continue or remain in use.

      9.   To waive any transitional yard screening requirements in a B or I District if the structure, use or building is already effectively screened by topography or existing screening comparable to the types required.

      10.   To waive the screening and landscaping requirements for parking areas containing more than four (4) parking spaces and adjoining or fronting on property situated in a Residential District. (Ord. C-196, 5-17-1994)

      11.   To allow the maximum height of an accessory structure to be no more than twenty five feet (25'). When an accessory structure exceeds fifteen feet (15') in height, the setbacks required shall be thirty percent (30%) of the structure height. (Example: A 20 foot garage requires a 6 foot setback.) (Ord. C-394, 3-16-2004)

   E.   Appeal: Any person desiring to appeal from a decision of the Zoning Administrator shall file a written notice of appeal and application for appeal within sixty (60) days of the date of the Administrator's decision, and concurrently pay a filing fee, the amount of which shall be established by resolution of the City Council.

The appeal form entitled "Notice of Appeal and Application for Appeal", together with a copy of the resolution setting the filing fee, shall be available in the Office of the Zoning Administrator at City Hall. When completed, the notice of appeal and application shall be filed in the Office of the Zoning Administrator at City Hall. The notice of appeal and appeal application form shall specify the grounds for the appeal.

Upon timely filing and payment of the required fee, an appeal hearing will be scheduled with the Board of Adjustment. The hearing shall be scheduled not less than twenty (20), nor more than forty (40), days after the date of the filing of the notice of appeal and application for appeal. The appeal hearing shall be a public hearing and notice of the time, date, and place of the hearing shall be published at least once in a publication of general circulation. (Ord. C-274, 12-17-1996)