A.   Position Created: For the purpose of carrying out the provisions of this title, an administrator is hereby created, who shall be appointed by the mayor with the consent of the council. The administrator shall administer this title and may be provided with the assistance from such other persons as the council may direct.

B.   Duties: For the purpose of this title, the administrator shall have the following duties:

   1.   To advise interested persons of the zoning ordinance provisions of this title;

   2.   To notify the news media regarding matters of public interest;

   3.   To aid applicants in the preparation and expedition of required applications;

   4.   To issue zoning permits, certificate of occupancy permits, notifications and such similar administrative duties;

   5.   To investigate all violations of this title and notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation; and

   6.   To assist the council in carrying out the provisions of this title. (Ord. 1070, 2010)

A.   Creation: For the purpose of carrying out the provisions of this title, a planning and zoning commission is created.

B.   Membership: The commission shall consist of five (5) voting members, all appointed by the mayor and confirmed by a majority vote of the council. An appointed member of this commission must have resided in the city for two (2) years prior to his appointment and must remain a resident of the city during his service on the commission. Appointment to the commission shall be made by resolution adopted by the council, with a term of office of four (4) years. Vacancies on the commission caused for any reason other than expiration of a term shall be filled by resolution approved by a majority of the council and shall be only for the duration of the unexpired term of the previously serving commission.

C.   Organization: The commission shall elect a chairman and create and fill any such office that it may deem necessary. The commission may establish subcommittees, advisory committees, hearing examiners or neighborhood groups to advise and assist in carrying out the responsibilities. The commission may appoint nonvoting ex officio advisors as may be deemed necessary.

D.   Rules, Records And Meetings: Written organization papers or bylaws consistent with this title and other laws of the state for the transaction of business of the commission shall be adopted. A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. All meetings and records shall be open to the public. At least one regular meeting shall be held each month for not less than nine (9) months in a year. A majority of voting members of the commission shall constitute a quorum.

E.   Duties Of The Commission: For the purpose of this title, the commission shall have the following duties:

   1.   Initiate proposed amendments to this title and conduct a biennial review of the complete zoning ordinance;

   2.   Review all proposed amendments to this title and make recommendations to the council;

   3.   Review all planned unit developments and make recommendations to the council;

   4.   Grant special use permits as specified in the official schedule of district regulations and under the conditions as herein specified with such additional safeguards as will uphold the intent of this title;

   5.   Hear appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the administrator;

   6.   Issue such variances from the terms of this title as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of this title will result in unnecessary hardship, so that the spirit of this title shall be observed and substantial justice done; and

   7.   Perform such other duties as are prescribed for it in this title. (Ord. 1070, 2010; Ord. 1216, 2023)

No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a zoning permit therefor issued by the administrator. Zoning permits shall be issued only in conformity with the provisions of this title. Building permits shall be issued in accordance with the international building code or similar code as adopted by the city. (Ord. 1070, 2010)

A.   The application for zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application.

B.   Each application shall clearly state that the permit shall expire and may be revoked if work has not begun or is not substantially completed within one year.

C.   At a minimum, the application shall contain the following information:

   1.   Name, address and phone number of applicant;

   2.   Legal description of property;

   3.   Existing use;

   4.   Proposed use;

   5.   Zoning district;

   6.   Plan, drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration;

   7.   Building heights;

   8.   Number of off street parking spaces or loading berths;

   9.   Number of dwelling units;

   10.   Proposed sewer and water facilities; and

   11.   Such other matters as may be necessary to determine conformance with, and provide for, the enforcement of this title. (Ord. 1070, 2010)

Within thirty (30) days after the receipt of an application, the administrator shall either approve or disapprove the application in conformance with the provisions of this title. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the administrator after the administrator shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy and one copy of plans, similarly marked, shall be retained by the administrator. The administrator shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this title. (Ord. 1070, 2010)

If the work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire. It shall be revoked by the administrator and written notice thereof shall be given to the persons affected. (Ord. 1070, 2010)

A.   Certificate Of Occupancy Required: It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the administrator stating that the proposed use of the building or land conforms to the requirements of this title and with all conditional provisions that may have been imposed.

B.   Temporary Certificate Of Occupancy: A temporary certificate of occupancy may be issued by the administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion. (Ord. 1070, 2010)

The administrator shall maintain a record of all zoning permits and certificates of occupancy and copies shall be furnished upon request to any persons. (Ord. 1070, 2010)

A.   Failure To Obtain Permit Or Certificate: Failure to obtain a zoning permit or certificate of occupancy shall be a violation of this title.

B.   Use And Construction Contrary To Plans: Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the administrator authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this title. (Ord. 1070, 2010)