(a)

Zoning administrator. An administrative staff member designated by the city shall be the enforcement officer and shall be responsible for the enforcement of this chapter. The duties of the zoning administrator shall be as follows:

(1)

Examine all applications pertaining to the use of land, buildings, or structures; and grant approval of, and issue permits or take other appropriate action on, such applications when in conformance with the provisions of this chapter.

(2)

Keep a record of all nonconforming uses within the several zoning districts of the city.

(3)

Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this chapter.

(4)

Notify, in writing, any person responsible for violating a provision of this chapter, indicating the nature of the violation and ordering the action necessary to correct it.

(5)

Maintain permanent and current records of this chapter, including all maps, amendments, conditional uses, community unit plans and variances.

(6)

Attend all scheduled planning commission and board of appeals and adjustment meetings and hearings in an ex-officio capacity. The responsibility for drafting recommendations, resolutions and decisions for the public record may be assigned to the zoning administrator at the option of the chairperson of the commission or board.

(b)

Variance procedures. The zoning board of appeals shall have the following jurisdiction and authority:

(1)

To hear and decide appeals from, and review any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter where it is alleged that there is an error.

(2)

To hear requests for variances from the literal provisions of the Zoning Chapter in instances where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property or by reason of exceptional topographic conditions or for a need to exceed height restrictions as provided herein when the issue of safety has been sufficiently addressed or other extraordinary and exceptional situations or conditions of such piece of property, the strict application of the terms of the chapter would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of such property to authorize, upon an appeal relating to such property a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent of the zoning plan and the City Code; provided, that no variance shall be granted unless the board finds that all the following conditions exist:

a.

The special circumstances or conditions applying to the buildings or land in question are peculiar to such property or immediately adjoining property, and do not apply generally to other land or buildings in the vicinity.

b.

The granting of the applications is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the applicant.

c.

The authorizing of the variance will not impair an adequate supply of light and air to adjacent property to unreasonably increase the congestion in public streets or increase the danger of fire or impair the public safety or unreasonably diminish or impair established property values within the surrounding areas or in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of the city.

(3)

The zoning board of appeals and adjustment may not permit, as a variance, any use that is not permitted under the Zoning Chapter in the zone in which the subject property is located. The board may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties.

(4)

To allow parking spaces as required in sec. 11-6 of this chapter to be located off street on another property provided such space is within 500 feet measured along line of public access of the use in question, and under such conditions that will protect the character of surrounding property.

(5)

To interpret the appropriate zoning district for any uses not listed as permitted or conditional uses.

(6)

Specific conditions and safeguards may be imposed upon the premises benefited by a variance as considered necessary to prevent injurious effects upon other property in the neighborhood or upon public facilities and services. Violation of such conditions and safeguards shall be a violation of this chapter.

(7)

No variance permitting the erection or alteration of a building shall be valid for a period longer than six months unless a building permit for such erection or alteration is issued and construction is actually begun within that period and is thereafter diligently pursued to completion.

(Ord. No. 9.26, eff. 12-15-79)