The provisions of this ordinance shall be administered and enforced by the Building Official, fire inspector, city engineer and city police of the city as applicable within the scope of the appropriate and herein defined duties of each. The Building Official and fire inspector shall have the right to enter upon any premises at any reasonable time prior to the issuance of a certificate of occupancy for the purpose of inspecting the building or premises to carry out his duties in the enforcement of this zoning ordinance.

(Ord. No. 2023-28, § 5, 9-19-23)

It shall be unlawful to commence the excavation for or the construction of any building or other structure, including accessory structures, or to store building materials or erect temporary field offices, or to commence the moving, alteration, or repair (except repairs, not changing the character of the structure and not exceeding $100.00 in value, or painting or wallpapering) of any building or structure, including accessory structures, until the Building Official has issued a building permit for such work. Prior to issuance of a building permit, plans and specifications shall be submitted, reviewed, and approved in writing by the Building Official, the fire marshal, and, if applicable, the city engineer. Application for a building permit shall be made to the Building Official of the city on forms provided for that purpose. Applicant must complete in full and sign the application form prior to its consideration for approval.

(Ord. No. 2023-28, § 5, 9-19-23)

The applicant and/or his/her designated agent or representative shall submit three sets of plans and specifications along with the application for a building permit, and in the event approval is deemed necessary by the city engineer, a fourth set shall be submitted to the Building Official along with the completed permit application form for approval. The Building Official shall distribute one set to the fire inspector and, if applicable, one set to the city engineer for review. If the proposed excavation, construction, moving or alteration, plans and specifications as set forth in the application are in conformity with this zoning ordinance and the City Building Code, the Building Official, fire inspector and, if applicable, city engineer shall approve the issuance of a permit in writing on the application form. Upon concurrence of approvals by each of the above, the Building Official shall notify the applicant that a permit may be issued. The issued permit and one approved set of plans shall be returned to the applicant and shall be kept at the construction premises for the duration of said construction. If conformity with this zoning ordinance and the City Building Code is not met by the application, plans, and/or specifications, the appropriate reviewing authority shall notify the applicant, in writing, and shall await the submittal of revised or amended plans and specifications which are in conformance before approval is granted.

The Building Official shall review and approve applications based on their conformance with this zoning ordinance, the standard building, electrical, gas, mechanical and plumbing codes as adopted by the city. The fire inspector shall review and approve applications based on their conformance with the standard fire prevention code, the life safety code and the fire prevention related aspects of the City Building Code. The city engineer shall review and approve applications based on their conformity with structural integrity aspects of the City Building Code for buildings and structures with educational, institutional, group, or assembly type occupancies and all buildings three or more stories in height or more than 5,000 square feet in gross floor area. Site storm drainage, sanitary sewage disposal, or vehicular traffic considerations on adjoining public streets and roads shall also be reviewed and approved by the city engineer based on accepted engineering principles and practices if deemed necessary by the Building Official.

Plans submitted for approval shall include a plot plan of the proposed construction site showing the lot of record drawn to scale and proportion. Lot lines shall be dimensioned. All buildings or structures, existing and proposed to be erected, altered or moved shall be shown, drawn to scale and proportioned on the plot plan along with the existing and intended use of each such building or structure. Setback and side lines of buildings on adjoining lots and such other information which may be deemed necessary for the determination of compliance with this zoning ordinance shall be included on the plot plan.

(Ord. No. 2023-28, § 5, 9-19-23)

No land or building or other structure or part thereof hereafter erected, moved or altered in its use shall be occupied or utilized until the Building Official of the city has issued a certificate of occupancy stating that such land or structure or part thereof is found to be in conformity with the provisions of this zoning ordinance and the City Building Code.

Within a time not to exceed seven business days after the owner and/or his/her agent has notified the Building Official and the fire inspector of the city that the building or premises or part thereof is ready for occupancy or use, it shall be the duty of the Building Official and fire inspector of the city to make a final inspection thereof, and to jointly issue a certificate of occupancy if the building or premises or part thereof is found to conform with the provisions of this zoning ordinance and the City Building Code or, if such certificate is refused, to state the refusal in writing with the cause.

(Ord. No. 2023-28, § 5, 9-19-23)

Any permit under which no construction work has been done above the foundation walls or other foundation support within 90 days from the date of issuance shall expire by limitation, but shall upon reapplication be renewable, subject, however, to the provisions of all ordinances in force at the time of said renewal.

(Ord. No. 2023-28, § 5, 9-19-23)

Any uses of land or dwellings or construction or alteration of buildings or structures including tents or trailers, coaches used, erected, altered, razed or converted in violation of any of the provisions of this zoning ordinance or the City Building Code are hereby declared to be a nuisance per se. The Building Official or fire inspector is hereby authorized to notify the city clerk of the need to apply to a court of equity to abate the nuisance created by such unlawful use of structure. Whenever the Building Official has declared a structure to be not conforming with the requirements contained in this zoning ordinance, the owner or occupant may be required to vacate such structure or premises which shall not again be used or occupied until such structure or premises have been adapted to conform with the provisions of this zoning ordinance.

(Ord. No. 2023-28, § 5, 9-19-23)

Any person, firm, corporation, or other organization which violates any provision of this zoning ordinance shall be fined upon conviction in accordance with Section 1-10 of the Municipal Code. Each day such violation continues shall constitute a separate offense. The conviction of a violation and imposition of any fine shall not constitute an exemption from compliance with the provisions of this zoning ordinance.

(Ord. No. 2023-28, § 5, 9-19-23)

In case any building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building structure or land is used in violation of this zoning ordinance, the Building Official, or fire marshal of the city or any other appropriate authority or any adjacent or neighboring property owner who would be damaged or caused hardship by violation, in addition to other remedies, may institute an injunction, mandamus, or other appropriate action of proceeding to stay or prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to correct or abate such violations or to prevent occupancy of such building, structure or land.

(Ord. No. 2023-28, § 5, 9-19-23)

Requests for conditional uses as stipulated within the zone district regulations are permitted only after review by the Planning and Zoning Commission and approval of the City Council.

A.

Review Procedure. The following review procedure shall be adhered to:

1.

The applicant shall submit a complete conditional use application to the City Clerk, at least twenty-eight (28) days prior to the Planning and Zoning Commission meeting at which the conditional use is to be considered, containing as a minimum, the following information.

I.

A $100.00 fee to defray the cost of processing the application.

II.

Five (5) copies of a site development plan, each of which shall be folded to a dimension of 8½ by 11 inches which shall show the following:

a.

Existing and proposed topography;

b.

Property lines;

c.

Scale;

d.

Storm drainage facilities and other utility easements;

e.

Existing and proposed structures and their uses;

f.

Exterior lighting;

g.

General landscaping and fences;

h.

Outside storage areas;

i.

Parking and loading areas;

j.

Points of ingress and egress;

k.

Signs; and

l.

The location of all existing and proposed sidewalks and pedestrian ways on the subject property and adjacent property.

2.

A minimum of fourteen (14) days prior to the Planning and Zoning Commission meeting at which the conditional use request is to be considered, the City Clerk shall mail notifications to all adjacent property owners. The notice shall state:

I.

The location of the conditional use request;

II.

The nature of the request, indicating the current zoning of the site and the proposed conditional use; and

III.

The time, date and location of the Planning and Zoning Commission meeting at which the request will be considered.

3.

The Planning and Zoning Commission shall schedule a hearing on the application at the first regularly scheduled meeting after compliance with notice provisions as set forth herein. An application shall not be continued more than three times at the request of the applicant.

4.

Upon receipt of a favorable recommendation from the Planning and Zoning Commission, the City Clerk shall schedule and advertise the proposed conditional use request for a public hearing before the City Council. A proposed conditional use request shall not be continued more than three times at the request of the applicant.

5.

Upon receipt of a negative recommendation from the Planning and Zoning Commission, the City council review process will be initiated at the request of the applicant.

6.

When the City Council denies a conditional use request, the Planning and Zoning Commission shall not reconsider the same request for a period of six (6) months. Each time the City considers a conditional request, the $100.00 administrative fee must be paid.

(Ord. No. 2022-11, § 2, 6-22-22; Ord. No. 2023-28, § 5, 9-19-23)