A board of appeals is established. The word "board" when used in this section shall be construed to mean the board of appeals. The board shall consist of the city commission. (Prior code § 11-3-8 (a))

   Meetings of the board shall be held at the call of the mayor and at such other times as the board may determine. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. (Prior code § 11-3-8 (b))

   The board shall have the following powers:

   A.   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this title.

   B.   Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the original adoption of the regulations, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the neighborhood, the strict application of this title would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, the board is empowered to authorize upon an appeal relating to such property, a variation from such strict application so as to relieve such difficulties or hardship.

   C.   Upon appeal, the board is empowered to permit the following exceptions:

      1.   To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record;

      2.   To permit the reconstruction of a nonconforming building which has been destroyed, or partially destroyed, by fire, or act of God where the board shall find some compelling public necessity requiring a continuance of the nonconforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly;

      3.   To permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the board deems reasonably necessary for the public convenience or welfare;

      4.   To interpret the provisions of the title where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of this title. (Prior code § 11-3-8 (d))

   A.   Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the building inspector. Such appeal shall be taken within a reasonable time, as shall be prescribed by the board by general rules, by filing with the building inspector and with the board a notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken.

   B.   An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board 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 or notice to the building inspector and on due cause shown.

   C.   The board shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties in interest and decide the same within a reasonable time.

   D.   Upon the hearing, any party may appear in person or by agent or by attorney.

   E.   The concurring vote of two-thirds of all the members of the city commission shall be required to revise any order, requirement, decision or determination of the building inspector or to decide a case in favor of an applicant.

   F.   A fee of fifteen dollars shall be paid to the building inspector at the time the notice of appeal is filed, which the building inspector shall forthwith pay over to the city clerk to the credit of the general revenue fund of the city. (Prior code § 11-3-8 (c))

   A.   Duties in General. The city manager or his designee shall serve as city building inspector. It shall be the duty of the building inspector to enforce this title. The building inspector shall receive applications required by this title, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued, and shall make necessary inspection to see that the provisions of law are complied with. He shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for. He shall, when requested by the city commission, or when the interests of the municipality so require, make investigations in connection with matter referred to in this title and render written reports on the same. For the purpose of enforcing compliance with law, he shall issue such notices or orders as may be necessary.

   B.   Inspections. Inspections shall be made by the building inspector or a duly appointed assistant.

   C.   Adoption of Rules. For carrying into effect this title's provisions, the building inspector may adopt rules consistent with this title.

   D.   Keeping Records. The building inspector shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued. He shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the building inspector.

   E.   Assistance of Other Officials. The building inspector may request in the discharge of his duties, the assistance and cooperation of the city engineer in fixing grades, of the chief of police in enforcing orders, of the city attorney in prosecuting violations, and of other city officials. (Amended during 1992 codification; prior code § 11-3-9 (a-d, e (1))

   A.   The city planning and zoning commission shall act in an advisory capacity to the board of appeals in any appeal taken under the provisions of this title, but shall exercise no judicial or legislative authority in so doing. For that purpose it shall be the duty of the commission to hold an open hearing on all matters appealed to the board of appeals in advance of the hearing by the board. Each party to the appeal shall be given three days' notice in writing of such hearing.

   B.   It shall be the duty of the building inspector to present a statement of the controversy being appealed to the commission.

   C.   Any person who is a party to the appeal and any officer, department, board or bureau of the city affected by the decision appealed shall have the right to be heard before the planning and zoning commission.

   D.   The city planning and zoning commission shall have the power to promulgate rules and regulations governing hearings held by it under this chapter. At the conclusion of the hearing the planning and zoning commission shall, by a majority vote, recommend to the board of appeals that the action appealed from either be sustained, reversed or reversed in part. Such recommendation shall be advisory only and may be considered by the board of appeals in considering the appeal, but shall not be binding upon it.

   E.   Nothing contained in this section shall prevent the board of appeals from hearing and determining any appeal taken under this title without having received the recommendation of the city planning and zoning commission, if a report by the commission has not been submitted to the board within fifteen days from filing of the notice of appeal as provided in subsection A of this section. (Prior code § 11-3-9 (e)(2-5))

   It is unlawful to construct, alter, repair, remove or demolish, or to commence the construction, alteration, removal or demolition of a building or structure, without first filing with the building inspector an application in writing and obtaining a formal permit. (Prior code § 11-3-10 (a))

   A.   An application for a permit shall be submitted in such form as the building inspector may prescribe.

   B.   Such application shall be made by the owner or lessee, or agent of either, or the architect, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee or the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application.

   C.   Such application shall contain the full names and addresses of the applicant and of the owner, and, if the owner is a corporate body, of its responsible officers.

   D.   Such application shall describe briefly the proposed work and shall give such additional information as may be required by the building inspector for an intelligent understanding of the proposed work.

   E.   Application for permit shall be accompanied by such drawings of the proposed work, drawn to scale, including such floor plans, sections, elevations and structure details, as the building inspector may require.

   F.   There shall also be filed a plot diagram in a form and size suitable for filing permanently with the permit record, drawn to scale with all dimensions figured, showing accurately the size and exact location of all proposed new construction, or, in the case of demolition, of such construction as is to be demolished, and of all existing buildings and structures that are to remain.

   G.   Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendment, after approval, shall be filed with and be deemed a part of the original application.

   H.   Nothing in this section shall require changes in the plans, construction or designated use of a building for which a lawful permit has been heretofore issued or which has been otherwise lawfully authorized, and the construction of which shall have been actually begun on or before May 12, 1971 and which entire building shall be completed, as authorized, within two years thereafter. (Prior code § 11-3-10 (b-f))

   It shall be the duty of the building inspector, to examine applications for permits, within a reasonable time after filing. If, after examination, he finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, he shall approve such application and issue a permit for the proposed work as soon as practicable. If his examination reveals otherwise, he will reject such application, noting his findings in a report to be attached to the application and delivering a copy to the applicant. (Prior code § 11-3-10 (g))

   Nothing in this chapter shall be construed to prevent the building inspector from issuing a permit for the construction of a part of a building or structure before the entire plans and detailed statements of the building or structure have been submitted or approved, if adequate plans and detailed statements have been found to comply with this title. (Prior code § 11-3-10 (h))

   A.   All work performed under a permit issued by the building inspector shall conform to the approved application and plans, and approved amendments thereof.

   B.   The location of all new construction as shown on the approved plot diagram or an approved amendment thereof, shall be strictly adhered to.

   C.   It is unlawful to reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in conditions shall have been filed and approved; provided, that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement. (Prior code § 11-3-10 (i))

   Every permit issued by the building inspector under the provisions of this chapter shall have his signature affixed thereto; but, this shall not prevent him from authorizing a subordinate to affix such signature. (Prior code § 11-3-10 (j))

   A permit under which no work is commenced within one year after issuance shall expire by limitation. (Prior code § 11-3-10 (k))

   A.   A copy of the permits shall be kept on the premises open to public inspection during the prosecution of the work and until the completion of the same.

   B.   The building inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.

   C.   The building inspector shall be given at least twelve hours' notice of the starting of work under a permit. (Prior code § 11-3-10 (l))

   The building inspector may revoke a permit of approval issued under the provisions of this chapter in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based. (Prior code § 11-3-10 (m))

   A.   Subsequent to February 12, 1971, the effective date of the ordinance codified in this section, no change in the use or character of occupancy of land, nor any change of use or character of occupancy in an existing building, other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy has been issued by the building inspector. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this title.

   B.   A record of all certificates of occupancy shall be kept on file in the office of the building inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certificate of occupancy. (Prior code § 11-3-10 (n-o))

   The city commission may, from time to time, on its own motion or on petition, after public notice and hearing, amend the regulations and districts established in this title. Every such proposed amendment shall be referred by the city commission to the planning and zoning commission for report. Any such amendment that has failed to receive the approval of the planning and zoning commission shall not be passed by the city commission except by three-fourths vote. If a protest against such amendment is presented, signed by the owners of twenty percent of the land within such area proposed to be altered, or by owners of twenty percent or more of the area of the lots immediately abutting either side of the territory included in such proposed change, or separated therefrom only by an alley or street, such amendment shall not be passed except by the favorable vote of three-fourths of the city commission. If such amendment will transfer an area of less restrictive use and protest is presented by the owners of twenty percent of the land adjacent to and within one hundred feet from such area proposed to be transformed, such amendment shall not be passed except by a three-fourths vote of the city commission. (Amended during 1992 codification: prior code § 11-3-13)

   The city manager or his designee shall serve as city building inspector. It shall be the duty of the building inspector to enforce this title. (Amended during 1992 codification: Ord. 262, 1977: prior code § 11-3-14 (a))

   A.   Any person, firm or corporation violating any of the provisions of this title shall be punished by a fine not to exceed two hundred dollars or imprisonment in the county jail not to exceed ninety days, and each day's violation shall be a separate offense.

   B.   In case any building or structure is erected, constructed reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the proper authorities of the city, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. (Prior code § 11-3-14 (b))