Establishment of office. There is hereby established the office of Zoning Administrator.

Duties of the Zoning Administrator. The Administrator shall have the authority to administer and enforce this chapter, including but not limited to the authority to:

Filing. An application shall be filed with the City Clerk.

Plans with applications. Every application for a development permit shall be filed with the Zoning Administrator and be accompanied by a fee, a legal description, and by plans drawn to scale showing the actual shape and dimensions of the subject parcel; reference sketch of site location to two intersecting streets; the exact location, nature, dimensions, and elevations of the existing and proposed development; the proposed occupancy (if applicable), with dimensioned and numbered parking spaces; and such other information as may be necessary for the enforcement of this chapter when requested by the Zoning Administrator.

Approved plan. One copy of such plans shall be returned to the developer when such plans shall have been approved, together with conditions of such approval, the signature of the Zoning Administrator, and any development permit as may be granted. One copy of the plans, similarly marked, shall be retained by the Zoning Administrator as a permanent record or until such time as the development no longer occupies the subject parcel.

Zoning Administrator to act. Within 15 working days of the time the application is filed in full compliance with applicable requirements, the Zoning Administrator shall either issue the permit, notify the applicant in writing of his refusal and reasons therefor, set a hearing date, if one is required, or refer the application to the Plan Commission or Zoning Board of Appeals as is appropriate for the type of action requested.

Issuance of permits. The Zoning Administrator may issue a development permit if he or she finds that the development for which the permit is sought constitutes a general development permitted by this chapter or a conditional use has been approved by the Common Council.

Effect of permit. The issuance of a development permit authorizes the developer to commence development immediately upon the giving of notice by the City, but subject to any lawful conditions attached by the Common Council or Zoning Board of Appeals. A development permit does not authorize occupancy.

Expiration of a permit. If the work described in any development permit has not begun within six months from the date of issuance, or if the work lies idle for a period of six months or more, or if the work has not been substantially completed in one year of the date of permit issuance therefor, such permit shall expire; it shall be revoked by the Zoning Administrator and written notice thereof shall be given to the persons affected. Such notice shall indicate further work as described on the canceled permit shall not proceed unless a new permit is issued.

Demolition. In such event that the work described in any development permit has begun but has not been substantially completed within one year of the date of issuance of a permit or if work has begun without a proper development permit, the Zoning Administrator may order demolition of partially completed work.

Permits must conform to be valid. All officials and employees of the City vested with the duty or authority to issue permits or licenses shall comply with the provisions of this chapter and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void and of no effect whatever.

General development permits subject to conditions. The Zoning Administrator may attach to a general development permit conditions relating to:

Conditional use and PUD permit conditions. The City may attach to a conditional use and planned unit development permit conditions that may concern any matter subject to regulation under this chapter, including means for:

Certificate of zoning compliance required. It shall be unlawful to use, occupy or permit the occupancy of any building or parcel, or both, or part thereof hereafter developed until a certificate of zoning compliance shall have been issued therefor by the Zoning Administrator stating the proposed use conforms to the requirements of this chapter. Any lawful conditions of occupancy shall be attached to or referred to on the certificate.

Application and records. A certificate of zoning compliance shall be applied for coincident with an application for a development permit from the Zoning Administrator. The Zoning Administrator shall issue the certificate after finding that the development is in full compliance with this chapter and after the Building Inspector determines that the development is in compliance with City building codes. The Zoning Administrator shall maintain records of all certificates of zoning compliance and a copy shall be furnished upon request to any person upon payment of a reasonable fee.

Temporary certificate. A temporary certificate may be issued for a period not to exceed six months during alterations or partial occupancy of a building, or pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the developer or the City.

Enforcement authorizations.

Resumption of work. When any work shall have been stopped for any reason whatsoever, it shall not again be resumed until the reason for the work stoppage has been completely removed and written approval to proceed has been received from the Zoning Administrator.

Application and permit fees. Fees for zoning amendments, conditional uses, development permits, certificates of zoning compliance, appeals and other types of administrative permits and procedures required by this chapter may be set by the Common Council. Such fees shall cover the costs of administering this chapter.

Review costs. For purposes of this subsection, the term "review costs" means any costs incurred by the City for attorneys, engineers or other consultations to review applications for development permits and other permits or approvals required under this chapter and Chapter 127, Building Construction, and Chapter 300, Subdivision of Land, of the City Code; to prepare, negotiate or review legal, engineering or other documents that are prepared or filed in connection with any development for which any such permits or approvals are sought; and to correspond or confer with each other, City officials, applicants and their representatives in connection with such development. Review costs shall be borne by the applicant. The City reserves the right to require an escrow fund to be established, on terms approved by the City, and to require the applicant to deposit therein funds sufficient to cover anticipated review costs. All known review costs shall be paid by the applicant prior to the City issuing any permits requested under this chapter and Chapters 127 and 300. Issuance of a permit shall not, however, be considered a waiver by the City of its right to be paid for review costs whether known or unknown at the time the permit was issued.

Creation and membership. A Board of Appeals is hereby established. The word “Board,” when used in this section, shall be construed to mean the Board of Appeals. The Board of Appeals shall consist of five members appointed by the Mayor subject to confirmation of the Common Council for terms of three years. The members of the Board shall receive compensation of $10 per meeting attended and shall be removed by the Mayor for cause upon written charges and after public hearing. The Mayor shall designate one of the members Chair. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. The Mayor shall appoint, for staggered terms of three years, two alternate members of such Board, in addition to the five members above provided for. Annually, the Mayor shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the Board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the Board so refuses or is absent. The above provisions, with regard to removal and the filling of vacancies, shall apply to such alternates.

Meetings. Meetings of the Board shall be held at the call of the Chair and at such other times as the Board may determine. There shall be a fixed place of meeting, and all meetings shall be open to the public. The Board shall adopt its own rules of procedure and keep a record of its proceedings, showing the action of the Board and vote of each member upon each question considered. The presence of three members shall be necessary to constitute a quorum. Special meetings shall be called by the Chair.

Powers of the Zoning Board of Appeals. The Zoning Board of Appeals shall have the following powers:

Zoning Administrator's report required. The Zoning Administrator shall review the evidence of an appeal or request for variance and make a report of facts to the Board within seven days of the request.

(Reserved)[1]

Zoning Board of Appeals actions limited. The Board shall make no decisions except in a specific case and after a public hearing conducted by the Board. Nothing herein contained shall be construed to give or grant to the Board the powers or authority to alter or change the Zoning Code or the Zoning Map or to permit the establishment of a nonconforming use. No member of the Board shall hear or vote upon an appeal or variance in which he or she is directly or indirectly interested in a personal or financial way.

Zoning Board of Appeals hearings. The Board shall fix a reasonable time for a public hearing by publication in the official newspaper of a Class 2 notice as well as written notice to the appellant. In the case of variances, the Zoning Administrator shall send written notice of such hearing to owners of record, as listed in the best available records, of all lands for which the variance is requested and all lands situated wholly or partly within 200 feet of the other perimeter of the subject property by regular mail, at least 10 days before the date of such hearing. At the hearing, any party may appear in person or through an agent or attorney.

Zoning Board of Appeals vote required. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in this chapter. The grounds of every determination shall be stated.

Time limit for Zoning Board of Appeals actions. The Board shall decide all appeals and requests for variance within 60 days after the date of the required hearing thereon. A certified copy of the Board's decision shall be transmitted to the applicant and to the Zoning Administrator. Such decisions shall be binding upon the Zoning Administrator and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

Validity of permits approved by the Zoning Board of Appeals. Permits for the occupancy of land or construction, reconstruction, or occupancy of buildings approved by the Zoning Board of Appeals shall be void after six months from the date of such approval unless, in cases of new construction, work shall be done above the foundation walls, and in cases of occupancy of land or reconstruction or occupancy of buildings, the operations called for by such permit shall be well under way at the end of such six-month period.

Initiation of appeals to the Zoning Board of Appeals. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the City affected by any decision of the Zoning Administrator. Such appeal shall be taken within 30 days by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

Effect of appeals. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

Decision on appeal. In exercising the above-mentioned powers, such Board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issue of a permit.

Initiation. A request for variance shall be made to the Zoning Administrator on an official application form.

Findings required. No variance from the terms of this chapter shall be authorized unless all of the following facts and conditions exist:

Subject to conditions. In granting any variance under the provisions of this section, the Zoning Board of Appeals shall designate such conditions that will secure substantially the objectives of the regulations or provisions in the application of which the variance is granted as to light, access to direct sunlight for solar energy systems, air, character of the neighborhood, conformity to the Comprehensive Plan, and, generally, the public health, safety, comfort, convenience, and general welfare.

Construction associated with each approved variance shall be initiated within 365 days of its approval and completed within 730 days following its approval, unless a different period of time is established by the Board of Zoning Appeals in its approval of the variance. Failure to initiate and complete construction within this period shall automatically result in the expiration of the variance. Prior to such expiration, the applicant may request an extension of this period. Said request shall require approval by the Board of Zoning Appeals.

Common Council authorized to amend text and map. Whenever the public necessity, convenience, general welfare, or good zoning practice require, the Common Council may, by ordinance, after recommendation thereon by the Plan Commission, amend the regulations or change the Zoning Map. The Plan Commission shall submit to the Common Council its recommendations regarding all applications for amendments or changes within 60 days after referral to the Plan Commission.

Initiation of amendment. An amendment or change, including a change of district boundaries, may be initiated by motion of the Common Council, by motion of the Plan Commission, or by filing an application therefor by owners of 50% or more of the area of the properties proposed to be changed.

Application for amendment. Application for any change of district boundaries or uses shall be submitted to the Zoning Administrator, with a copy to the Clerk, upon such forms and accompanied by such data and information as is needed to assure the fullest practicable presentation of facts, as required by the Plan Commission.

Notification of public hearing on amendment.

Plan Commission recommendation. The Plan Commission shall review the proposed amendment to the regulations or change in district boundaries or uses and render a decision thereon, analyzing the advantages and disadvantages of the proposal, based on the facts and circumstances, the Comprehensive Plan, and other information. The Plan Commission shall transmit a written recommendation to the Common Council.

Common Council final action. After reviewing the recommendation of the Plan Commission thereon, the Common Council shall consider such recommendations and, if it decides to proceed, shall instruct the City Attorney to prepare an ordinance for subsequent adoption by the Common Council of the proposed amendment. If the Common Council so desires, it may order a second public hearing before the Common Council pursuant to a Class 2 notice.

Waiting period between petitions. A denial of rezoning shall be a final determination for a period of one year that the development will not be permitted, unless the Common Council's order includes leave to amend. After the expiration of the one-year period, a developer may make a new application for the same amendment.

Remedies. Any building or structure erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter, and any use of any land or building which is conducted, operated, or maintained contrary to the provisions of this chapter, shall be and the same is hereby declared to be unlawful and the City Attorney may, upon any such violation having been called to his attention by the Zoning Administrator, institute injunction, mandamus, abatement, or any other appropriate action to prevent, enjoin, abate, or remove such erection, construction, reconstruction, alteration, conversion, maintenance, or use. Such action may also be instituted by any property owner who may be especially damaged by a violation of this chapter.

Penalties. Any person who shall violate any of the provisions of this chapter shall, upon judgment or conviction thereof, be subject to a penalty as provided in Chapter 1, § 1-3 of this Code. In any action to enforce this chapter, the fact that a permit shall have been issued by any City official or department shall not constitute a defense, nor shall any oversight on the part of any public official, board, or department constitute a defense.