(a)

This chapter shall be enforced by the building inspector or his assistants, subject to such variations and interpretations which may be made by the board of adjustment. Appeal of any decision of the enforcing officer may be made to the board of adjustment as provided in the law of the state.

(b)

A certificate of occupancy shall be issued by the enforcing officer, before any building, or premises, or part thereof, may hereafter be created, erected, changed, or converted, wholly or in part, in its use or structure, to the effect that such building, and use proposed therefor, conform to the provisions of this chapter. These certificates shall be applied for, and issued at the same time, or before, the building inspector grants a building permit for the premises.

(c)

Temporary certificates of occupancy may be issued for a period not exceeding six months, during the completion of any alterations, or during a partial occupancy of such building. Such temporary certificate shall not be extended, nor shall it, in any way, affect the rights, duties and obligations of the owner or the city, relative to the use or occupancy of the premises covered, or any other matter covered by this chapter.

(d)

Each application for a building permit must be accompanied by a plat drawn to scale, and in such form, as may be prescribed by the building inspector, showing the actual size and dimensions of the lot to be built upon, the size of the building to be erected, and such other information as may be necessary to provide for the enforcement of the regulations contained in this chapter, and the issuing, as before required, of a certificate of occupancy. The building inspector shall file a careful record of such application and plat.

(Code 1955, § 21-13; Ord. No. 653, § 12, 8-5-1953)

A zoning commission is hereby established as provided by statute. It shall consist of five members appointed by the mayor, subject to the confirmation of the city council; each member to serve for a term of three years. It shall hold its meetings, which shall be open to the public, in the council chambers in the city hall, and the presence of three members shall be necessary to constitute a quorum. The commission shall adopt rules and regulations necessary for the conduct of its business. Meetings of the commission shall be held at the call of the chair and at such times as the commission may determine. Such chair or, in the absence of the chair, the acting chair may administer oaths and compel the attendance of witnesses. The commission 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 investigations, decisions and other official actions, all of which shall be a public record maintained in the office of the city clerk-treasurer.

(Code 1955, § 21-1.1; Ord. No. 815, § 2, 3-15-1982; Ord. No. 891, § 1, 2-23-1994)

(a)

Except in conflict with state statute and/or requirements and procedures established therein, the zoning commission shall be empowered to recommend boundaries of various original districts and appropriate regulations to be enforced therein. Such commission shall make a preliminary report and hold public hearings in regard to the establishment or change of any zoning boundaries before submitting its final report, and such city council shall not hold its public hearings or take any action in regard to creating new zoning districts or changing the boundaries of any zoning districts until it has received the final report of the zoning commission. Any recommendation regarding the alteration of boundaries or regulations concerning the same shall be based upon the consideration of the following factors:

(1)

Whether the new zoning was designed in accordance with the comprehensive plan.

(2)

Whether the new zoning was designed to lessen congestion in the streets.

(3)

Whether the new zoning will secure safety from fire, panic and other dangers.

(4)

Whether the new zoning will promote health and general welfare.

(5)

Whether the new zoning will provide adequate light and air.

(6)

Whether the new zoning will prevent the overcrowding of land.

(7)

Whether the new zoning will avoid undue concentration of population.

(8)

Whether the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

(9)

Whether the new zoning gives reasonable consideration to the character of the district.

(10)

Whether the new zoning gives consideration to the particular suitability of the property for particular uses.

(11)

Whether the new zoning was adopted with a view to conserving the value of buildings.

(12)

Whether the new zoning will encourage the most appropriate use of land throughout the municipality.

(b)

The zoning commission shall serve in an advisory capacity to the city council and shall make recommendations in regard to any regulation or ordinance for the enforcement of any zoning matter that may come before the council.

(c)

A permit for a conditional use will not be approved by the zoning commission unless and until:

(1)

An accurate and complete written application for conditional use, which must be accompanied by a fee equal to the cost of publishing notice, is submitted to the zoning commission through the zoning administrator. All applications for conditional use permits must be accompanied by plans in duplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; the location and dimensions of the proposed building or alteration; and information which clearly states how the conditions for the use must be met. The application must include such other information as may lawfully be required by the administrative official, including descriptions of and proposed buildings or alterations; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter. One copy of the plans must be returned to the applicant by the administrative official, after he has marked it as either approved or disapproved and signed it. The original of the plans, similarly marked, shall be retained by the administrative official.

(2)

Notice shall be given at least 15 days in advance of public hearing before the zoning commission. The owner of the property for which a conditional use is sought or his agent shall be notified of the hearing by mail. Notice of such hearings shall be conspicuously posted on the property for which the conditional use is sought, at the county courthouse, at the city hall, and in a newspaper of general circulation within the zoning jurisdiction at least 15 days prior to the public hearing.

(3)

The public hearing shall be held. Any party may appear in person, or by agent or attorney.

(4)

The zoning commission shall make a written finding that it is empowered under the section of this chapter described in the application to grant the conditional use, and that the granting of the conditional use will not adversely affect the character of the zoning district.

(5)

Before any conditional use is approved, the commission shall make written findings certifying compliance with the specific conditions governing the use.

(Code 1955, § 21-1.2; Ord. No. 844, § 1, 2-3-1986)