This Zoning Code shall be enforced by the Zoning Administrator, who shall be the Director of the Department of Community Development, under the rules and regulations of the Board of Adjustment.

(Ord. 221-18. Passed 9-24-18.)

   The provisions of this Zoning Code, for purposes of interpretation and application, shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. The lot or yard areas required by this Zoning Code for a particular building shall not be diminished and shall not be included as a part of the required lot or yard areas of any other building. The lot or yard areas of buildings existing on June 6, 1949, shall not be diminished below the requirements herein provided for buildings hereafter erected, and such required areas shall not be included as a part of the required areas of any building hereafter erected. This Zoning Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises. However, when this Zoning Code imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger lots or yards than are imposed or required by such existing provisions of law or ordinance or by such rules and regulations, the provisions of this Zoning Code shall control.

(1956 Code Sec. 1313.02)

   (A)   Council may, from time to time, on its own motion or on petition, after public notice and hearing, amend the regulations and districts herein established. However, no amendment shall become effective unless it is first submitted for approval to the Planning Commission, which shall be permitted a reasonable time for consideration thereof and report thereon. No amendment disapproved by the Commission shall take effect unless it is passed by two-thirds of the full membership of Council.

   (B)   If an amendment, as provided in subsection (a) hereof, transfers any area to another district by changing the district boundaries, the provisions of this Zoning Code, with regard to buildings or premises existing on or before June 6, 1949, or buildings for which permits were issued prior to June 6, 1949, shall apply to existing buildings or premises in such transferred area for which permits have been issued prior to the passage of such amendment.

(1956 Code Sec. 1313.03)

   (A)   Submission and Approval; Requirements. The owner of any tract of land shall submit to the Planning Commission a plan for the use and development of such tract primarily for residential purposes. If such development plan is approved, after public notice and hearing, by the Planning Commission and by Council, the application of the use, height, area and yard regulations established in this Zoning Code shall be modified as required by such development plan. However, for the tract as a whole, excluding street area, but including, area to be devoted to parks, parkways or other permanent open spaces, there shall be not less than the required area per family, for the area district in which such tract of land is located, for each family which under such development plan may be housed on such street. Further, under such development plan the appropriate use of property adjacent to the area included in such development plan shall be fully safeguarded.

   (B)   Fee. When any person proposes to file a development plan with the Planning Commission, such person, hereinafter referred to as the developer, shall pay a fee, as required in Chapter 1290, to the Clerk of the Commission to cover the costs of investigation, notices by publication and other expenses incidental to the determination of the matter. Such fees shall be transferred by the Clerk to the City Treasurer and credited to the General Fund of the City.

      (1)   The name and street address of the petitioner;

      (2)   The lot number of any real estate owned by the petitioner adjacent to the areas proposed to be changed, or if such real estate consists of a part of a lot, then an abbreviated but accurate description of such real estate;

      (3)   When the petition intends to rezone or redistrict ten (10) or less parcels of land, as listed in the County tax duplicate, a list of the names and addresses of all owners of any property contiguous to and directly across the street from such parcel or parcels. City Staff shall prepare letters, in a form approved by the City Planning Commission, informing those listed persons of the request and upcoming meeting of the City Planning Commission. These letters shall be sent by regular U.S. Mail and a certificate of mailing shall be filed with the City Planning Commission;

      (4)   An accurate legal description of the district or parts of districts proposed to be so altered;

      (5)   An accurate map, diagram or sketch of the area to be rezoned and the lands contiguous thereto;

      (6)   Facts indicating that the proposed change will not be detrimental to the general public interest and a statement disclosing the purpose for which such property is sought to be used; and

      (7)   A certification by the petitioner, or his attorney, that such person has personally examined the records in the County Treasurer's and Recorder's offices, and that the descriptions, ownerships and addresses are the same as those shown in such records.

Before any such petition is presented to Council for action, it shall be submitted to the Planning Commission for action thereon, as required by law.

(Ord. 157-07. Passed 07-23-07; Ord. 016-24. Passed 1-24-24.)

      (1)   The name and street address of the petitioner;

      (2)   The lot number of the real estate owned by the petitioner adjacent to and abutting upon such alley or street, or part thereof, proposed to be vacated, or if such real estate consists of a part of a lot, or a description other than a lot number, then an abbreviated but accurate description of such real estate;

      (3)   A list of the names and addresses of all owners of property adjacent to and abutting upon such alley or street, or part thereof, proposed to be vacated, including those directly across the street from such area proposed to be vacated. City Staff shall prepare letters, in a form approved by the City Planning Commission, informing those listed persons of the request and upcoming meeting of the City Planning Commission. These letters shall be sent by regular U.S. Mail and a certificate of mailing shall be filed with the City Planning Commission;

      (4)   An accurate legal description of the alley, street, or portion thereof, proposed to be vacated;

      (5)   An accurate map, diagram or sketch of the street, alley, or part thereof, proposed to be vacated, and the lands adjacent to and abutting upon such portion to be vacated, as well as those located directly across the street from such area;

      (6)   Facts indicating that the vacation will not be detrimental to the general public interest, and a statement disclosing the reason for the proposed vacation; and

      (7)   A certification by the petitioner, or his attorney, that such person has personally examined the records in the County Treasurer's and Recorder's offices, and that the descriptions, ownerships and addresses are the same as those shown in such records.

Before such petition is presented to Council for action, it shall be submitted to the Planning Commission for action thereon, as required by law.

(Ord. 157-07. Passed 07-23-07; Ord. 065-22. Passed 3-14-22; Ord. 017-24. Passed 1-24-24.)

   So that the Director of Community Development may properly enforce the regulations contained in this Zoning Code, applicants for building permits shall establish to the satisfaction of the Director, by a surveyor's certificate of location or otherwise, the location of the boundaries of the property to which the permit applies.

(Ord. 204-18. Passed 9-10-18.)

   Nothing contained in this Zoning Code shall require any change in the plans, construction or designated use of any building for which a building permit was issued prior to June 6, 1949, provided that the construction thereof was diligently prosecuted within ninety days of the date of such permit, that the ground story framework thereof, including the second tier of beams, was completed within one year of the date of such permit and that such building was entirely completed according to such plans as filed within three years of June 6, 1949.

(1956 Code Sec. 1313.05)

   Whoever violates or fails to comply with any of the provisions of this Zoning Code, or any of the requirements thereof, and whoever erects, alters or commences to erect or alter any building in violation of any detailed statement or plan submitted or approved thereunder, shall, for each and every violation or noncompliance, be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both. A separate offense shall be deemed committed each day during or on which such violation or noncompliance occurs or continues. The owner of any building or premises or part thereof where anything in violation of this Zoning Code is placed or exists, and any architect, builder, contractor, agent, person or corporation employed in connection therewith who may have assisted in the commission of any such violation, shall each be guilty of a separate offense and, upon conviction thereof shall be subject to the penalties provided herein.

(1956 Code Sec. 1313.99)