The duty of administering and enforcing the provisions of this ordinance shall be executed by the city zoning administrator. The candidate for this appointed position shall be selected by the city council as an official annual appointment. The zoning administrator shall be reimbursed for services rendered in an amount determined by the city council. The city council can remove the zoning administrator from office for misfeasance, malfeasance, or nonfeasance in office.

It shall be the duty of the zoning administrator to: receive zoning applications and site plans (as required under article 20) from applicants, coordinate any required architectural reviews with the city architect, present zoning applications and site plans to the planning commission for a determination of compliance with this ordinance, issue zoning permits and denial notices to applicants, to enforce the requirements of this ordinance, and any permit or violation notice issued under it, and other related duties as may be assigned by the city council. The zoning administrator shall develop forms for carrying out the procedures required by this ordinance and procedures for handling suspected violations of this ordinance. Said forms and procedures shall become official upon adoption by the planning commission. In preparing these forms and procedures, the zoning administrator shall seek assistance from the planning commission and city attorney.

Unless otherwise exempted elsewhere in this Zoning Ordinance, it shall be unlawful for any person to commence excavation for, or construction of any building or structure, or to make any additions to or change the use of any existing building or structure, without first obtaining a zoning permit from the zoning administrator. No zoning permit shall be issued for the construction, alteration or remodeling of any building or structure until an application and site plan have been submitted, reviewed and approved in accordance with the provisions of this article.

The applicant for the zoning permit must be either the owner of the parcel(s) in question, a lessee with at least a 20-year term interest in the land, or an agent authorized to act on the owner's behalf. Proof of the applicant's interest in the parcel(s) shall be produced upon the request of the planning commission.

If the zoning permit is issued, the approved work must be commenced within one year of the date of issuance or the permit will expire, unless said permit has been extended upon request of the applicant and approval of the planning commission. Any such extension shall not exceed one year and shall not be granted if the applicable zoning and building standards relating to the permitted work have changed.

If the approved work does commence within one year of the issuance, or extension, of the zoning permit, the permit shall remain in effect until the approved work is complete, provided however, if the approved work is not completed within two years of the date of issuance, or extension, of the zoning permit, the permit shall expire, and all construction that was done pursuant to the zoning permit shall be removed by the owner of the property and the premises restored to the condition existing prior to the issuance of the zoning permit. If any such construction is not removed, it shall constitute a public nuisance and be subject to immediate abatement.

After the zoning permit has been issued, the parcel in question shall be inspected on three occasions: (1) when the proposed structure is staked out on the property; (2) when the footings for the foundation are found; and (3) when construction is completed. The applicant shall notify the zoning administrator of the proposed inspection dates, and shall not begin a later stage of work until the previous stage has been approved. After the final inspection has been completed, if the applicant is found to be in compliance with this article, the zoning administrator shall issue an occupancy permit as authorized in section 21.06.

Every zoning permit is conditioned upon the applicant and owner agreeing to all the terms and provisions set forth on the permit and the terms and provisions of this article. In addition, the planning commission may impose other conditions, including but not limited to, a cash deposit, a certified check, an irrevocable letter of credit or surety bond to cover the estimated costs of improvement and/or to cover the actual costs incurred by the city in enforcing any necessary abatement of a public nuisance resulting from the issuance of the zoning permit.

(Ord. No. 539, § 1, 2, 7-20-2016)

No building permit required under the city construction code (Ord. No. 210) shall be issued until first, the applicant obtains a zoning permit from the zoning administrator, indicating that the proposed construction activity is in compliance with this ordinance.

A city architect shall be appointed by the mayor subject to confirmation by the city council. The city architect shall review all applications and site plans in accordance with the procedures and criteria in article 18 and article 20, and advise the city on other matters as may be requested. Reimbursement for services rendered by the city architect will be determined by the city council.

It shall be unlawful to use, or permit the use, of any structure or premises hereafter altered, extended, or erected, until the zoning administrator has made an inspection of the premises and has found that the structure complies with all provisions of this ordinance. Upon a finding of compliance, the zoning administrator shall issue an occupancy permit to the applicant.

Any person who violates any provision of this ordinance or any amendment thereto, who fails or refuses to comply with any of the regulatory measures or conditions adopted hereto, including but not limited to approved zoning permits, site plans, special use permits, planned unit developments, shall, upon conviction, be guilty of a misdemeanor and be punished for each offense by a fine of not less than $100.00 or more than $500.00 and the costs of prosecution, or in the case of default payment thereof, by imprisonment in the county jail for a period not exceeding 90 days, or by both such fine and imprisonment in the discretion of the court. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense.

The use of land, dwellings, buildings, or structures used, erected, altered, razed or converted in violation of any provision of this ordinance, are hereby declared to be nuisances per se. The court shall order such nuisance abated and the owner and/or agent in charge of such land, dwelling, building, or structure shall be adjudged guilty or maintaining a nuisance per se. The costs of abating such nuisance shall become a lien upon the land.