Hart City Zoning Code

   (a)   It shall be the duty of the Zoning Administrator to administer this Zoning Code and to enforce the provisions contained herein. The Zoning Administrator shall be appointed by the City Council to serve at its pleasure.

   (b)   The Zoning Board of Appeals shall interpret this Zoning Code, make decisions on matters coming within its jurisdiction and instruct the Administrator as to the steps necessary to enforce its decisions.

   (c)   Upon notice of a violation of this Zoning Code, the City Attorney shall determine and carry out the legal steps necessary to secure prosecution or adherence to this Zoning Code.

(Ord. 182. Passed 5-12-98.)

   It shall be unlawful for any person to commence excavation for or construction of any building or structure, or structural change in any existing building or structure, without first obtaining approval therefor in writing from the Zoning Administrator. No permit shall be issued for the construction, alteration or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this Zoning Code, showing that the construction proposed is in compliance with the provisions of this Zoning Code.

(Ord. 182. Passed 5-12-98.)

   (a)   Every application for a zoning permit shall be sworn to by the applicant, shall be made as now and hereafter required and shall designate the existing and intended use of the structure or premises or part thereof which it is proposed to alter, erect or extend, and the number of housekeeping units existing and/or intended shall be indicated. The application shall contain other information and shall be accompanied by such drawings and plans as required by the Zoning Administrator.

   (b)   All dimensions shown on the before mentioned drawings (plans) relating to the location and size of the lot or parcel involved in the permit, other than those lots which are part of a recorded subdivision, shall be based on a survey, which must be signed by a land surveyor.

   (c)   All building permits which cause application of yard requirements contained in this Zoning Code shall have said yard dimensions indicated on the permit.

   (d)   In cases of minor alterations, the Zoning Administrator may waive portions of the foregoing requirements which fall under his or her administration and obviously are not necessary for the determination of compliance with this Zoning Code.

   (e)   All zoning applications shall be kept in a permanent log by the Zoning Administrator, together with copies of the disposition of each application.

(Ord. 182. Passed 5-12-98.)

   (a)   It shall be unlawful to use or permit the use of any structure or premises hereafter altered, extended or erected until the Zoning Administrator shall have issued a certificate of occupancy stating that the provisions of this Zoning Code have been complied with. It shall be unlawful to use or permit the use of any structure or premises, hereafter changed to a different use, until the Administrator shall have issued a certificate of occupancy showing conformity with the provisions of this Zoning Code. Until such certificate has been issued, no official shall grant a required license for the use proposed.

   (b)   Under such rules and regulations as may be established by him or her, and in accordance with all ordinances pertaining thereto, the Administrator may issue a temporary certificate of occupancy not to exceed six months in duration for a part of a building or structure.

   (c)   Upon written request from the owner, the Administrator, after inspection, shall issue a certificate of occupancy for any structure or premises otherwise legally existing for any such use which is permissible under the provisions of this Zoning Code.

   (d)   A duplicate copy of the application and certificate of occupancy shall be filed with the City Assessor.

(Ord. 182. Passed 5-12-98.)

   All applicants for zoning permits, special land use, rezoning, site condominiums, variances, site plan approval, and other land use review or approval required by this Zoning Code, shall pay the fee established by resolution of the City Council from time to time.

(Ord. 182. Passed 5-12-98.)

      The City Council may from time to time amend or change by ordinance the number, shape or area of any district established on the Zoning Map, or the regulations set forth in this Zoning Code, provided a public hearing shall be noticed not less than fifteen days prior to the meeting and mailing of notice shall be sent to all property owners and occupants within 300 feet of the parcel to be developed, regardless of whether the noticed property or occupants are located in the City. The notice shall include:

   (a)   The nature of the request.

   (b)   The property(s) that are the subject of the request including a listing of all existing street addresses within property(s). If there are no addresses other means of identification may be used.

   (c)   Location and time of the hearing.

   (d)   Where and when written comments may be received.

(Ord. 144. Passed 10-12-82; Ord. 182. Passed 5-12-98; Ord. 06-02. Passed 11-28-06.)

   A temporary moratorium on City consideration of applications for data centers and/or digital mining uses is hereby adopted under the following terms, conditions and limitations:

   (a)   For purposes of this section, “data centers” are defined as secure buildings filled with computer servers that store, process and transmit data in support of internet functions and other digital services, and which are typically accompanied by networking equipment, water-fueled cooling systems (to prevent overheating), backup power systems and security systems, and which typically have minimal on-site staffing, limited customer visitation, and no retail activity. In addition, digital mining, also commonly known as cryptocurrency mining, is defined as a use involving a building or structure that is primarily occupied by computers used to mine digital currency, such as Bitcoin or cryptocurrency.

   (b)   During the temporary moratorium, no City official, employee, agent, contractor, board, agency or commission shall receive, consider, review, approve, deny or hold public hearings on any zoning or building applications for the use of any land, building or structure for a data center and/or digital mining use.

   (c)   The temporary moratorium is effective as to all applications for data centers and/or digital mining uses received in the City on or after May 26, 2026.

   (d)   The temporary moratorium shall remain in effect for six months and terminate on November 26, 2026, unless previously terminated, extended, or otherwise altered by the City Council. In addition, if the City adopts amendments to the Code of Ordinances of the City addressing data centers and/or digital mining uses, the moratorium shall automatically terminate upon the effective date of the amending ordinance, unless otherwise extended by the City Council.

   (e)   The provisions of this section automatically expire and have no further effect after November 26, 2026, the date of expiration, unless altered by the City Council.

(Ord. 2026-02. Passed 5-26-26.)

   (a)   Any person who shall violate any of the provisions of this Zoning Code in any particular, or who fails to comply with any of the regularity measures or conditions of the Zoning Board of Appeals adopted pursuant hereto, shall, upon conviction thereof, be fined not to exceed five hundred dollars ($500.00) or may be imprisoned not exceeding ninety days or may be both fined and imprisoned in the discretion of the Court, and each day such violation continues shall be deemed a separate offense.

   (b)   Any violation of this Zoning Code may be prosecuted in any court for injunctive relief.

(Ord. 182. Passed 5-12-98.)