A.

Administrative Officer. The provisions of these zoning regulations shall be administered by the Building/Zoning Official (the "Building Official"), who shall act as an Administrative Official. The official may be provided with the assistance of such other persons as the Mayor may direct. It shall be the duty of the Building Official to see that these regulations are properly enforced. Any appeal from a decision of the Building Official may be made to the Board of Zoning Adjustment. The Building Official, and his designees, are generally empowered to carry out or, conduct any activities essential to the proper administration and enforcement of these regulations, said activities to include, but not be limited to, the following:

1.

Permits. To issue a zoning permit, building permit, and certificate of occupancy when compliance is made with these regulations; to refuse to issue the same in the event of noncompliance; and to give written notice of such refusal and reason thereof to the applicant.

2.

Collections. To cause the collection of the designated fees as set forth in these regulations.

3.

Records. To make and to keep all records necessary and appropriate to the office, including records of the issuance and denial of all zoning and building permits, and certificates of occupancy, and the receipt of complaints of violation of these regulations and action taken on the same, and to file such for record.

4.

Inspections. To inspect any building or land to determine whether violations of these regulations have been committed or exist.

5.

Enforcement. To enforce these regulations and take all necessary steps to remedy any condition found in violation. The City may enjoin any individual or property owner who is in violation of these regulations to prevent or correct such violation. Any individual aggrieved by a violation of these regulations may request an injunction against any individual or property owner in violation of these regulations, or may mandamus any official to enforce the provisions of these regulations.

6.

Advisements. To keep the Mayor, City Council, Planning Commission, and Board of Zoning Adjustment advised of all matters other than routine that relate to the administration and enforcement of these regulations.

B.

Zoning and building permits. It shall be unlawful to commence the construction, reconstruction, moving, demolition or structural alteration of any building or structure until a zoning permit and a building permit has been issued. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of these regulations and other applicable building codes, laws, or regulations. A zoning permit shall also be required for the use or reuse of property, building, or structures where building permits are not required. Compliance with paved parking and other site standards shall be achieved as a condition of change of use for commercial, industrial and multi-family purposes. In addition, a zoning permit evidencing compliance with the provisions of these regulations shall be a pre-requisite to the issuance of a City privilege or occupation license.

C.

General. Before a building permit can be issued for a development, other than a single-family dwelling or a duplex, a development plan must be submitted to the Planning Commission for review and approval. Development includes construction, such as multi-family development, mobile home parks, shopping centers, commercial and industrial development, or cultural and recreational facilities whether they are subdivide into lots or not. Developments of one (1) acre or greater shall be classified as a large scale development and shall be approved by the Planning Commission. Developments less than one (1) acre shall be classified as nonlarge-scale development and must be reviewed and approved by City staff. The staff may require the development plans to be submitted to the City Planning Commission for review and approval where there are significant problems with storm drainage, traffic, or pedestrian circulation, utility access, construction methods, impact on adjacent property or other factors. All applications for building permits shall be accompanied by a reproducible plan drawn to scale, showing the size of the building to be erected and its location, on the zoning lot, the location of any existing buildings or structures, location and dimensions of all driveways and parking or loading areas, drainage and such other information as may be necessary to provide for the administration of these regulations.

D.

Certificate of occupancy.

1.

Purpose and authority. Certificates of occupancy are required to ensure that completed structures and the development of property of which such structures are a part, comply with the provisions of this chapter, as well as any large-scale development or conditional use approvals for such structures and development. The Building Official shall have the authority and responsibility to issue and keep records of certificates of occupancy in accordance with the requirements set forth in these regulations, and the Building Code. A certificate of occupancy must be applied for, and issued by the Building Official prior to occupancy and use of a structure or premises for any of the following:

a.

Any new structure.

b.

Any addition to an existing nonresidential structure.

c.

Any change in occupancy or use of a building or premises that involves nonresidential occupancy.

d.

Placement or change in occupancy of any manufactured home on any lot or parcel, regardless of use.

2.

Procedure. A certificate of occupancy shall be applied for coincident with the application for a building permit, and must be issued before occupancy and connection of utilities to such building. The Building Official or his designated agent shall inspect the property that is the subject of an application within a reasonable time after a completed application has been filed, and shall issue a certificate of occupancy if the premises and the property comply in all respects with the applicable development regulations in effect for the City. If the premises do not so comply, the Building Official shall deny the application in a written notice mailed to the applicant with five (5) days, excluding weekends, and holidays, after the inspection of the property specifying the provisions of which regulation. A temporary certificate of occupancy may be issued for a portion or portions of a building that may safely be occupied prior to final completion of the building. A temporary certificate of occupancy shall be valid for a period not exceeding six (6) months. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owner or of the City relating to the use or occupancy or any other matter require by these regulations.

3.

Contents of certificate of occupancy. Information required for submission to obtain a certificate of occupancy shall include:

a.

Name of applicant.

b.

Nature and extent of the applicant's ownership interest in the subject property.

c.

Address of the property for which a certificate is requested.

d.

A legal description of the property, the zoning classification for the property, and a statement that the use of the property is allowed or permitted in the zoning classification for the property.

e.

A site plan for any new construction (same as required for a building permit) for the structure or the development which such structure is a part is required.

f.

Such other information as requested by the Building Official to ensure conformance with applicable development regulations.

E.

Penalty for violation. Any person, firm or corporation who shall violate any of the provisions of these zoning regulations, or fail to comply thereafter with any of the requirements thereof or who shall build, alter, move, or occupy any building in violation of any detailed statement or plans submitted and approved hereunder, shall be guilty of a misdemeanor and shall, upon conviction be punished by a fine not exceeding five hundred dollars ($500.00) or double such sum for each repetition thereof. If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuance thereof is a fine not to exceed two hundred fifty dollars ($250.00) for each day that the same is unlawfully continued. The owner or owners of any building or premises or part thereof where anything in violation of these regulations shall be placed, or shall exist, and any architect, builder, contractor, agent, engineer, person, firm or corporation employee in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense, and upon conviction thereof shall be fined as hereinabove provided. Violations of these regulations that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty, however, does not prevent the simultaneous granting of equitable relief in appropriate cases.

F.

Amendments. Two (2) types of amendments to these zoning regulations are recognized, one (1) being a revision in the text provisions, and the other being a change of boundary in a zoning district (a.k.a., a map amendment or rezoning).

1.

Text amendments. Amendments to the text may be initiated by the Planning Commission, the City Council, or by the Mayor. Proposed amendments shall be processed in accordance with the procedures set forth in this section.

a.

Notice. The Building Official shall be responsible for scheduling a public hearing before the Planning Commission. The Building Official shall prepare the content of a public notice and ensure that the notice is published in a newspaper of general circulation within the City at least fifteen (15) days before the public hearing.

b.

Hearing and recommendation by the Planning Commission. The Planning Commission shall conduct a public hearing on the proposed amendment, hearing both the proponents and opponents, if any. Following the public hearing the commission shall determine its recommendation(s) regarding the proposed amendment and make such known to the City Council.

c.

Action by the City Council. After receiving the recommendation of the Planning Commission, the City Council may approve the amendment as submitted; approve a revised version they deem appropriate; return it back to the Planning Commission for further study and reconsideration; table it; or deny it. If the City Council action does not take place within six (6) months after the Planning Commission's public hearing, the amendment process must begin anew.

d.

Emergency. The City Council may act upon a request to amend the text of the ordinance when an emergency exists which threatens the health, safety, welfare, or morals of the citizens of the City, or in order to correct a typographical, transcription or other nonmaterial error as determined by the City Council. An amendment may be made under this section upon approval of two-thirds (⅔) of the entire City Council.

2.

Change in district boundary. A change in a zoning district boundary, also referred to as a map amendment or rezoning, may be proposed by a property owner or legal agent, the City Council, or the Planning Commission. Such amendments shall be considered in accordance with the procedures set forth in this section.

a.

Procedure for zoning amendments by property owners.

(1)

Application submittal. A complete application for a change in a zoning district boundary (or map amendment), hereafter referred to as a re-zoning shall be submitted to the Zoning Official in a form established for that purpose, along, with a nonrefundable processing fee of two hundred fifty dollars ($250.00). Applications shall be filed by the 20th of the month in order to be placed on the Planning Commission agenda for the subsequent months' first meeting which is held on the second Tuesday thereof. No application shall be processed until the Building Official determines that the application is complete, and the required fee has been paid.

(2)

Notice. Promptly upon determining that the application is complete, the Zoning Official shall schedule a public hearing date before the Planning Commission, notify the applicant of the hearing date, and provide at least fifteen (15) days' notice of the hearing in a newspaper of general circulation in the City. The notice shall indicate the time and place of the public hearing; give the general location and description of the property, such as the street address and acreage involved, describe the nature, scope and purpose of the application; and indicate where additional information about the application can be obtained. The City shall (1) post notice on weatherproof signs; (2) place the signs on the property that is the subject of the application at least ten (10) days before the public hearing; and (3) ensure that the signs remain continuously posted until a final decision is made by the City Council. One (1) sign shall be posted by the applicant for each three hundred (300) feet of street frontage, up to a maximum of four (4) signs. Signs shall be placed along each abutting street in a manner that makes them clearly visible to neighboring residents, and passers-by. There shall be a minimum of one (1) sign along each abutting street. Individual property owners applying for changes to the official zoning map shall present evidence or an affidavit at least ten (10) days prior to the required public hearing, that all property owners within one hundred (100) feet have been notified of the proposed zoning change and of the time; date, and place of the public hearing.

(3)

Hearing and recommendation by the Planning Commission. The Planning Commission shall hold a public hearing on the proposed re-zoning. At the conclusion of the hearing and after deliberation, the commission shall recommend approval as submitted may recommend approval of less area and/or of a lesser intense use, but like classification than what was applied for, table with cause, not to exceed one (1) time for consideration at the next meeting; or deny the application. The commission shall, regardless of the action taken, submit an accurate written summary of the proceedings to the City Council.

(4)

Hearing and action by the City Council. After the Planning Commission recommends approval of an application, the City Clerk/Treasurer shall place it on the City Council agenda. The City Attorney shall prepare the Zoning Ordinance. If the Planning Commission does not recommend approval of an application, the City Council may consider the matter, but only after an appeal is filed by the property owner with the City Clerk/Treasurer, and a special public hearing is set and subsequently held. Appeal must be made within thirty (30) days of denial of Planning Commission. Applicant responsibility with regard filing documents with the City Clerk/Treasurer, as described above, is also applicable. In considering an application for approval, whether on appeal or not, the City Council may reduce the amount of land area included in the application, but not increase it, and may change the requested classification in whole or in part to a less intense zoning district classification than was indicated in the Planning Commissions' required public notice.

(5)

Approval criteria. The criteria for approval of a rezoning are set out in this section. Not all of the criteria must be given equal consideration by the Planning Commission or City Council in reaching a decision. The criteria to be considered shall include but not be limited to the following:

(A)

Consistency of the proposal with the comprehensive plan.

(B)

Consistency of the proposal with the purpose of these regulations.

(C)

Compatibility of the proposal with the zoning, uses and character of the surrounding area.

(D)

Suitability of the subject property for the uses to which it has been restricted without the proposed zoning map amendment.

(E)

Extent to which approval of the proposed rezoning will detrimentally affect nearby property including, but not limited to, any impact on property value, traffic, drainage, visual impairment, odor, noise, light, vibration, hours of use/operation, and any restriction to the normal and customary use of the affected property.

(F)

Length of time the subject property has remained vacant as zoned, as well as its zoning at the time of purchase by the applicant; and

(G)

Impact of the proposed development on community facilities and services, including those related to utilities, streets drainage, parks, open space, fire, police, and emergency medical services.

(6)

Successive applications. In the event that the City Council denies an application for a re-zoning, a similar application involving any of the property considered in the previous re-zoning request shall not be considered by the Planning Commission for six (6) months from the date of the denial by the City Council, unless the Planning Commission, upon recommendation by the Zoning Official, determines that there is a significant change in the size or scope of the project, or that conditions have changed in the area affectedly the proposed rezoning.

(7)

Fees. Before any action shall be taken as provided in these regulations, the applicant shall submit a fee with the application in accordance with the latest fee schedule. Under no condition shall said sum or any part thereof be refunded for failure of said action to be approved by the City.

b.

Procedures for zoning amendments by the City Council.

(1)

Refer to Planning Commission. The City Council may refer a request for amendment to the Planning Commission to be considered with accordance with the procedures outlined in subsection c., below.

(2)

Emergency. The City Council may act upon a request to amend this chapter when an emergency exists which threatens the health, safety, welfare, or morals of the citizens of the City, or in order to correct a typographical, transcription or other nonmaterial error as determined by the City Council. An amendment may be made under this section upon approval of two-thirds (⅔) of the entire City Council.

c.

Procedures for zoning amendments by the Planning Commission.

(1)

Initiation. The Planning Commission, may, from time to time, either upon request by one (1) or more of its members, by direction of the City Council, or in the course of its normal planning activities, consider amendments or additions to the Zoning Ordinance.

(2)

Studies. The Planning Commission shall prepare a work program and make such studies, including the preparation of maps, as it deems necessary to support its decisions regarding possible amendments.

(3)

General plan. If the proposed amendments are not consistent with the City's comprehensive or future land use plan, the Planning Commission shall first consider and adopt any necessary changes to the general plan.

(4)

Public hearing. The Planning Commission shall hold a public hearing to consider amendments to the Zoning Ordinance and amendments to the general plan, if required.

(5)

Notification. Changes in the Zoning Ordinance initiated by the Planning Commission shall be considered comprehensive changes affecting the entire City and no individual notifications shall be made. A map indicating the proposed changes shall be available in the Mayor's office or at a convenient location designated by the Mayor for interested citizens and property owners.

(6)

Planning Commission action. Following the public hearing, the proposed plans may be recommended as presented, or in modified form, by a majority of the entire Planning Commission.

(7)

City Council action. Following its adoption of plans and recommendations of ordinances and regulations, the commission shall certify adopted plans or recommended ordinances and regulations to the City Council for its adoption.

(Ord. No. 2007-13, Sec. 11; Ord. No. 2016-03, 2-9-2016; Ord. No. 2019-13, 8-13-2019)