A violation of this chapter shall be deemed a misdemeanor and shall be punishable by fine. Any person who violates or refuses to comply with any of the provisions of this chapter shall be fined not less than $5.00 nor more than $20.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. of 1998, art. 8, § 3)

The planning commission shall supervise the official zoning map and shall keep same up to date with all changes and amendments.

(Ord. of 1998, art. 8, § 4)

Whenever any street, alley or other public easement is vacated, the portion vacated shall have the same district classification as the land to which the vacated portion accrues.

(Ord. of 1998, art. 8, § 5)

(a)

Purpose. The zoning clearance permit is a permit issued by the zoning administrator which states that a particular development meets the requirements of this chapter. It is not a building permit and does not authorize construction, it simply clears the land and structure in terms of zoning and authorizes the building inspector to issue the building permit. This permit also provides a good check for the applicant in that any irregularities can be eliminated before the detailed plans are prepared.

(b)

Existing buildings. Any building, structure or use lawfully existing at the time of enactment of this chapter may be continued even though such building, structure or use does not conform with the provisions of this chapter. However, no building or other structure shall be erected, constructed, enlarged, altered or repaired, in such a manner as to prolong the life of the building; nor shall the use of any land or building or other structure be changed without a zoning clearance permit issued authorizing such construction, alteration, repair, or use changes as being in compliance with the provisions of this chapter.

(c)

Application. An application for a zoning clearance permit shall be made to the zoning administrator by the owner or proposed occupant of the building or land to be occupied or used, and the application shall state the location and legal description of the property and set out in detail the character and nature of the use to be conducted thereon. Within three days, the zoning administrator shall grant or deny the zoning clearance permit in accordance with the terms of this chapter.

(d)

Accompanying material. All applications for zoning clearance permits shall be accompanied by a plat plan, drawn to scale on suitable paper, showing the actual dimensions of the lot to be built upon, and the size and location of the building to be erected and such other information as may be necessary to satisfy the requirements of these regulations.

(e)

Fees. Zoning clearance permits shall not be issued until a fee in an amount set by resolution of the city council from time to time shall have been paid.

(f)

Penalties. Any person, firm or corporation violating any provisions of this chapter is guilty of a misdemeanor and shall be fined not less than $5.00 nor more than $20.00 each day the violation exists. Each day constitutes a separate offense.

(Ord. of 1998, art. 8, § 1)

This chapter shall be enforced by a building inspector acting at the direction of the city manager. It shall be a violation of this chapter for any person to change or permit the change in the use of the land or buildings or structures or to erect, alter, move, or improve any building or structure until a building permit has been obtained under the following conditions:

(1)

Building permits. Every application for a building permit shall be accompanied by:

a.

A plat drawn to scale, showing the plot, showing the exact size, shape and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be built, repaired, altered, erected, or moved, and the size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities, if such is for a business, commercial and industrial building.

b.

A declaration of the existing or intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building accommodates and which each existing and proposed building is designed to accommodate.

c.

Additional information relating to the proposed improvement needed to determine compliance with these regulations.

d.

A survey, prepared by a competent surveyor in the state, of the boundaries of the lot on which the improvement is proposed to be located shall be required by the building inspector where the boundaries of the lot are not clearly defined by the survey pins and monuments.

e.

The building inspector shall be a person who, in the judgement and opinion of the city manager, is competent by reason of building experience to properly cause inspections to be made and to determine whether permits should be granted. The inspector shall serve by appointment of the city manager and the term shall begin upon the passage of the ordinance from which this chapter is derived and one year thereafter, and shall continue to serve unless removed by the city manager who may remove without cause.

f.

All applications shall be considered filed with the building inspector by the filing of the same with the city clerk who shall deliver such applications to the building inspector.

(2)

Fees. The cost of building permits shall be as provided in the city schedule of fees.

(3)

Certificate of occupancy. No change shall be made in the use of any land or building or structure after the passage of the ordinance from which this chapter is derived until a certificate of occupancy is obtained from the city clerk certifying that the provisions of this chapter are complied with. Whenever a building permit is issued for the erection of a new building or structure, an occupancy permit shall not be required, except where the use of the building or structure is changed from that for which the permit is issued or where the intended use is not clearly stated on the building permit.

(Ord. of 1998, art. 8, § 2)

(a)

Regulations, restrictions and district boundaries of the city may be created, amended, supplemented, changed, modified or repealed.

(b)

Parties in interest and citizens shall have an opportunity to be heard at a public hearing by the planning commission before any district regulation, restriction, or boundary shall become effective. At least 15 days' notice of the date, time, and place of the hearing shall be published in a newspaper of general circulation in the city. Said notice shall include a map of the area to be affected which indicates street names or numbers, streams, or other significant landmarks in said area.

(c)

Protests against proposed changes shall be filed with the city clerk at least three days before the date of the public hearing. If protests are filed by:

(1)

The owners of 20 percent or more of the area of the lots or territory included in a proposed change; or

(2)

The owners of 50 percent or more of the area of the lots or territory within a 300-foot radius of the exterior boundary of the territory included in a proposed change, then the proposed change or amendment shall not become effective except by the favorable vote of three-fifths of all of the members of the city council.

(Ord. of 1998, art. 8, § 4.1)

(a)

Except as authorized in subsection (b) of this section, in addition to the notice requirements provided for in section 48-179(b), written notice of a public hearing by the planning commission on any proposed zoning change, except pursuant to subsection (b) of this section, shall be given by the city clerk by regular mail 20 days prior to the hearing to all property owners within a 300-foot radius of the exterior boundary of the territory included in the proposed rezoning, as provided for in section 48-179. The notice shall contain the following:

(1)

Legal description of the property and the street address or approximate location in the city;

(2)

Present zoning of the property and the zoning sought by the applicant; and

(3)

Date, time, and place of the public hearing.

(b)

In addition to written notice requirements, notice may also be given by posting notice of said hearing by the planning commission on the affected property at least 20 days before the date of the hearing.

(c)

If the city proposes zoning reclassification in order to revise its comprehensive plan or official map or to identify areas which require specific land use development due to topography, geography, or other distinguishing features, including, but not limited to, floodplain, drainage, historic preservation, and blighted areas, the city council may require, in addition to the notice requirements provided for in section 48-179(b), a sign to be posted on designated properties within the area affected by the proposed zoning reclassification. The sign and the lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street toward which it faces. The notice shall state:

(1)

The date, time, and place of the public hearing;

(2)

Who will conduct the public hearing;

(3)

The desired zoning classification;

(4)

The proposed use of the property; and

(5)

Other information as may be necessary to provide adequate and timely public notice.

(Ord. of 1998, art. 8, § 4.2)

Petition for amendment to this chapter and zoning map shall henceforth be filed with the planning commission by filing with the city clerk, by the owner of the property concerned or duly authorized representative thereof, on a standard form furnished by the commission. All petitions for amendment proposing a change in zoning district classification shall be accompanied by a sketch plan of the area proposed to be rezoned, drawn to approximate scale and showing the boundaries and dimensions of the tract, the outline of existing and proposed buildings and structures, the size and location of off-street parking lots, the type of surfacing proposed for said lots, and the plan of structures and the drives proposed for ingress and egress. An area map showing land of all abutting property owners shall also be submitted unless such is shown on the tract sketch. The petition shall include the names and mailing addresses of all property owners within a 300-foot radius of the exterior boundary of the territory included in the proposed rezoning.

(Ord. of 1998, art. 8, § 4.3)

Upon the filing of a petition for amendment of these regulations, the property owner or his duly authorized representative shall pay a filing fee to the city clerk. The filing fee shall be set by resolution of the city council. All fees shall be credited to the general fund of the city.

(1)

The fees or expenses for all public notices herein required pursuant to petition for amendment shall be paid by the owner of the property or his duly authorized representative. The form for such notice shall be established by the city council.

(2)

If, pursuant to a petition for amendment, the city council votes to rezone a lot, parcel, or tract of land, the owner of such land shall pay the cost of the ordinance publication. Such payment shall be submitted to the city clerk and the city clerk shall not cause the ordinance to be published prior to such payment.

(Ord. of 1998, art. 8, § 4.4)

In the event the planning commission fails to schedule a petition for amendment for public hearing within 20 days after its proper filing with the city clerk, or if after public hearing, the planning commission fails to recommend that this chapter be amended in accordance with such petition for amendment, such failure shall be deemed the final determination and decision of the planning commission. The final determination of the planning commission may be appealed to the city council, provided a written request for a hearing before the city council is served on the chairperson of the planning commission by filing with the city clerk within 15 days after the final determination of the planning commission.

(Ord. of 1998, art. 8, § 4.5)

Appeals to the board of adjustment may be taken by any person aggrieved of by any officer, department, board or bureau of the municipality or affected by any administrative decision based on this chapter. Such appeal shall be taken within 30 days by filing with the city clerk and the board of adjustment a notice of appeal specifying the grounds thereof. The city clerk shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(Ord. of 1998, art. 7, § 3)

(a)

The zoning board of adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to it, give 15 days' public notice thereof in a newspaper of general circulation, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney.

(b)

The zoning board of adjustment shall establish a fee for the hearing of appeals, which shall be sufficient to defray the cost of publishing the notice of public hearing and any other costs associated with the hearing; the appellant shall pay such fee upon filing the appeal.

(Ord. of 1998, art. 7, § 4)

(a)

An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person, jointly or severally, or any taxpayer, or any officer, department, board or bureau to the district court by filing a notice of appeal with the city clerk and with the board of adjustment within 60 days from the filing of the decision of the board, which notice shall specify the grounds of such appeal. Upon filing of the notice of appeal as herein provided, the board shall transmit forthwith to the county court clerk the original or certified copy of all the papers constituting the record in the case, together with the order, decision or ruling of the board.

(b)

An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from, unless the chairperson of the board of adjustment, from which the appeal is taken, certified to the court clerk, after the notice of appeal shall have been filed, that by reason of the facts stated in the certificate, a stay, in his opinion, would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of the ordinance, and upon notice to the chairperson of the board of adjustment from which the appeal is taken, and, upon due cause being shown, the court may reverse or affirm, wholly or partly, or modify the decision brought up for review.

(Ord. of 1998, art. 7, § 6)