The city shall continue to contract for the authority for the enforcement of the international building code and the provisions of this title. (Ord. 341, 9-10-1996; amd. Ord. 384, 10-4-2002; 2004 Code)

   A.   Building Permit Required: Any person or business wishing to erect a building or other structure, move, add to, or structurally alter any existing building or structure shall be referred to the building official to obtain the proper permit. (Ord. 341, 9-10-1996; amd. 2004 Code; Ord. 427, 6-2-2009)

   B.   Collection Of Fees, Charges And Expenses: The city shall continue to contract for the responsibility for the collection of fees, charges and expenses. (Ord. 341, 9-10-1996; amd. 2004 Code)

   C.   Certificate Of Occupancy: It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or part thereof, until a certificate of occupancy has been issued by the building official. A temporary certificate of occupancy may be issued by the building official not to exceed six (6) months. (Ord. 341, 9-10-1996; amd. 2004 Code; Ord. 427, 6-2-2009)

   D.   Failure To Obtain Building Permit Or Certificate Of Occupancy: Failure to obtain a building permit or certificate of occupancy shall be a violation of this chapter, and shall constitute a misdemeanor. (Ord. 341, 9-10-1996; amd. 2004 Code)

   A.   Commission Established: There shall be established in the city a planning and zoning commission to act in both capacities, which commission may act with the full authority of the city council in planning and zoning matters, excluding the authority to adopt ordinances.

   B.   Membership; Appointment: The mayor shall appoint the planning and zoning commission, consisting of seven (7) members, and such appointments shall be confirmed by a majority vote of the city council.

   C.   Terms: The initial terms of office of the commission members shall be as follows: three (3) of said commission members shall serve for a term of six (6) years and four (4) of said commission members shall serve for a term of four (4) years.

   D.   Vacancies: Should a vacancy occur on the commission, the same shall be filled by appointment by the mayor and confirmation by majority vote of the city council, the same as the original appointments herein provided. (Ord. 301, 8-4-1986; amd. Ord. 326, 3-1-1994)

   A.   Purpose: The purpose and intent of this section is to encourage private participation in comprehensive planning and allow for zoning amendments that are designed to address the specific character of a parcel of property, the needs of the surrounding neighborhood and the public infrastructure needs, by placing conditions upon that zoning amendment that provide for mitigation of the impact of development upon the community.

   B.   Authority: In the event that a requested amendment to the zoning designation of a parcel of property will, in the opinion of the city council, have a substantial impact on the public infrastructure or will require buffering between the subject parcel and adjacent neighborhood if the request were to be granted, the city council is hereby authorized to condition approval of the zoning amendment upon a written development agreement providing for mitigation of the impact on the infrastructure and the property surrounding the subject parcel.

   C.   Form Of Agreement: The development agreement shall be in a form approved by the city council. It shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, buffering requirements and infrastructure improvement requirements that are necessary to mitigate the impact of the zone change. The development agreement may include conditions, terms, restrictions and requirements for discretionary actions, provided, that such conditions, terms, restrictions and requirements for discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.

   D.   Recording: All development agreements shall be recorded at the expense of the subject property owner and the terms of the agreement shall run with the land and be binding on subsequent property owners.

   E.   Modification And Termination: Development agreements may not be amended or terminated without the city first providing notice and holding a public hearing pursuant to the hearing procedures for adoption of the comprehensive plan under the local planning act.

   F.   Enforcement: If the property owner fails to comply with the terms of the development agreement, the city council may, following notice and public hearing, terminate the agreement and reverse the zoning designation. The city council is also authorized to enforce the terms of the agreement through civil action for injunctive relief.

   G.   Periodic Review: Compliance with the development agreement may be reviewed on a period basis of not less than once every twelve (12) months from the effective date of the development agreement following the procedures set forth herein:

      1.   Written notice of the periodic review shall be given in writing to the property owner of the subject property at least fifteen (15) days in advance of the time at which the review will be conducted.

      2.   An investigation will be conducted as to whether or not there has been good faith compliance.

      3.   If the person who is authorized by the city to conduct the investigation finds that there has not been such compliance, written findings shall be provided to the city administrator together with a recommendation as to whether the development agreement should be terminated or modified or enforced as written.

      4.   Upon receipt of the findings and recommendation, the matter shall be placed on the council agenda for public hearing pursuant to the notice and hearing procedures set out in the local planning act for adoption of the comprehensive plan.

      5.   Nothing in this section is intended to preclude a review on a more frequent basis upon the receipt by the city of a complaint that the terms of the development agreement have been violated.

   H.   Discretionary Authority: Approval of a zoning amendment under this section is at the discretion of the city council. (Ord. 408, 4-4-2006)