A zoning administrator shall be appointed by the city manager to administer and enforce this chapter. Said zoning administrator may fill any other positions within the city government of the city so long as it does not interfere or conflict with his duties as zoning administrator for the city.

(Ord. No. 4062, § 905.01(1), 10-14-1980; Ord. No. 4327, § 1, 10-13-1987)

The zoning administrator, or his duly designated and acting deputy, shall enforce this chapter, and in addition thereto and in furtherance of this authority shall:

(1)

Approve all zoning issues incident to applications for building permits as provided in division 3 of this article.

(2)

Furnish to the various departments, officers or employees of the city vested with the authority to issue permits or licenses, such information as will ensure the proper administration of this chapter.

(3)

Approve and issue all use permits as provided in section 56-772.

(4)

Conduct inspections of all buildings, structures and uses of land to determine compliance with the provisions of this chapter.

(5)

Receive, check for compliance with the various submission requirements contained herein and forward to the appropriate body all applications for:

a.

Amendments to the text of this chapter;

b.

Rezoning;

c.

Site plan review.

(6)

Receive, file and forward to the board of adjustment all papers constituting the record upon which actions appealed from are taken.

(7)

Perform the duties of executive secretary to the plan and zoning commission and the board of adjustment.

(8)

Maintain permanent and current records of this chapter, including all maps, site plan submissions, appeals, amendments, variances, conditional uses and use permits.

(9)

Notify in writing if he finds that any of the provisions of this chapter are being violated, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions or alterations; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(Ord. No. 4062, § 905.01(2), 10-14-1980; Ord. No. 4327, § 1, 10-13-1987)

Whenever a public hearing is required by this chapter, notice shall be given by publication in a newspaper of general circulation in the city and by posting a copy of same on the premises. Such notice shall be given not less than 15 days prior to the public hearing, and all owners within 300 feet of same posted premises shall be notified by first class mail of said public hearing.

(Ord. No. 4062, § 905.01(3), 10-14-1980; Ord. No. 4327, § 1, 10-13-1987)

(a)

Required. It shall be unlawful to construct, enlarge, alter or repair any project, building or structure without first obtaining a building permit as required by the building code.

(b)

Application and submission requirements. Every application for a building permit shall comply with all the applicable provisions of the city building code and any regulations issued by the zoning administrator, and filed with the city clerk requiring such other information as may be necessary to determine compliance with this chapter.

(c)

Issuance. No building permit shall be issued by the building inspector unless the application for such permit has been examined by the zoning administrator and he has affixed to it his approval that the application is in proper form, contains all necessary information and the proposed building or use of land, building or structure, complies in all respects with the provisions then in effect with respect to zoning or with a written order from the board of adjustment in the form of an administrative review decision on an appeal as provided in section 56-772.

(Ord. No. 4062, § 905.02, 10-14-1980)

See section 12-298.

(Ord. No. 4062, § 905.02A, 10-14-1980)

(a)

Required. It shall be unlawful for any person, firm or corporation to hereafter occupy or use any land, building or part thereof for any non-residential purpose until a use permit has been issued by the zoning administrator, stating that the use complies with all the provisions of this chapter.

(b)

Application. Every application for a use permit shall be filed at the office of the zoning administrator and shall comply with any regulations issued by the zoning administrator and filed with the city clerk requiring the submission of such information as may be necessary to determine compliance with the provisions of this chapter.

(c)

Issuance. No use permit shall be issued by the zoning administrator until the building inspector has caused the premises to be inspected and affixes to the application for such permit his approval that the proposed use and any buildings or structures involved comply in all respects with the provisions of the city building code and the use is certified to be in compliance with all the provisions of this chapter by the zoning administrator, provided that, pending the issuance of a regular permit, a temporary permit may be issued to be valid for a period not to exceed six months during the completion of any work on the premises or during partial occupancy of the premises. A use permit shall be issued or written notice shall be given to the applicant stating the reasons why a permit cannot be issued not later than 14 days after the office of the zoning administrator has been notified in writing that the building or premises is ready for occupancy.

(Ord. No. 4062, § 905.03, 10-14-1980)

The establishment of a city plan and zoning commission is hereby authorized. It shall consist of seven members who shall serve without compensation and who shall be appointed by the mayor with the approval of the city council for terms of four years.

(Ord. No. 4062, § 905.04(1), 10-14-1980)

(a)

Membership. The membership of the plan and zoning commission shall consist of seven members who are citizens and residents of the city.

(b)

Chairperson and staff. The plan and zoning commission shall elect its chairperson annually from among the appointed members with voting rights and shall have authority to employ such assistants and technical advisors as it considers necessary within the limits of its budget appropriations.

(Ord. No. 4062, § 905.04(2), (3), 10-14-1980)

The plan and zoning commission shall have the following powers and duties:

(1)

To prepare and submit to the city council for its approval a master plan for the physical development of the city and recommend modifications of this plan from time to time as it deems in the community's best interest.

(2)

To prepare, adopt and recommend to the city council for enactment into ordinance a comprehensive plan for the zoning of the city with such regulations as to the location, height, width and bulk of buildings and other structures, and land as it shall determine to be necessary or desirable for the promotion of the health, safety and general welfare of the inhabitants of the city.

(3)

To hear applications for amendments, modifications or revisions of this chapter or any part thereof in the manner prescribed in division 5 of this article.

(4)

To consider all requests for conditional use permits in the manner prescribed in division 6 of this article.

(5)

To petition the council on its own initiative to amend, supplement, change or repeal this chapter of any part thereof.

(6)

To initiate from time to time a comprehensive review of the provisions of this chapter and to make a written report of its findings and recommendations to the city council. Yearly, following receipt and examination of the zoning administrator's report of this chapter, the plan and zoning commission shall present a written annual report to the city council. This report shall contain the recommendations of the plan and zoning commission concerning this chapter as well as a summary of its activities during the past year and its opinion on community development goals for the future.

(Ord. No. 4062, § 905.04(4), 10-14-1980)

(a)

Textual amendments. An application for amendment to the written text of this chapter may be filed by any government commissioner, agency or any interested resident of the city.

(b)

Rezoning. An application for rezoning may be filed by any government, commission, agency or any person with a financial, contractual or proprietary interest in the property to be affected by the proposed amendment.

(Ord. No. 4062, § 905.05(1), 10-14-1980)

(a)

An application for amendment to the text of this chapter or for rezoning any property in the city shall be filed in the office of the zoning administrator.

(b)

The application shall be signed by the applicant, and shall state his name and address.

(c)

Text amendments. An application for textual amendments to this chapter shall set forth the new text to be added and existing text to be deleted.

(d)

Rezoning. An application for rezoning shall comply with the regulations governing rezoning as adopted by the plan and zoning commission and filed with the city clerk.

(Ord. No. 4062, § 905.05(2), 10-14-1980)

(a)

An application for amendment or rezoning shall not be accepted by the zoning administrator:

(1)

If it does not comply with all the requirements of this section and any regulations published under it.

(2)

If the application is for rezoning of any property which has been the subject of a previous application which was approved or denied within three months of this new application, except upon verification of the zoning administrator that substantial new facts which warrant re-application have been established.

(b)

An application for amendment or rezoning filed by the city council, plan and zoning commission or any other government, commission or agency may be accepted at any time regardless of the time limitations stated in subsection (a) of this section.

(c)

After acceptance for filing of an application by a private person for rezoning, the application may not be modified as to the area proposed to be rezoned as to the class of zone requested except with the approval of the zoning administrator or the plan and zoning commission.

(Ord. No. 4062, § 905.05(3), 10-14-1980)

(a)

Staff review. Before any final action may be taken by the plan and zoning commission or city council on an application for amendment or rezoning, including an application originating with the plan and zoning commission, the application shall be referred to the zoning administrator who shall coordinate analysis of the application by the planning staff and any other affected city departments.

(b)

Staff review report. The coordinated review of an application for amendment or rezoning shall be completed within 60 days of filing an application. The results of the review shall be compiled by the zoning administrator and reported by him to the plan and zoning commission.

(c)

Plan and zoning commission report. The plan and zoning commission shall report to the city council its decision on an application not originating with it within 60 days after receipt of the zoning administrator's report. In the event that the council does not receive the plan and zoning commission's report within this time period, the council shall consider the application to be recommended for disapproval.

(d)

Public hearing. In the event that the city council shall determine to proceed with an application submitted to it for amendment or rezoning, it shall hold a public hearing thereon. The council shall set a date for the hearing on the application and public notice of it shall be given. No application for amendment or rezoning may be approved until after such hearing is held.

(e)

Council action. Any ordinance that would amend, supplement, change, modify or repeal the boundaries of zoning districts, or the uses, regulations or restrictions thereof, shall require five affirmative votes of the council in the case of an adverse report by the plan and zoning commission, or if a protest against such proposed amendment, change, modification or repeal shall be presented in writing to the city clerk, duly signed and acknowledged by the owners of ten percent or more either of the area of the land (exclusive of streets, places and alleys) included within such proposed amendment, supplement, change, modification or repeal, or within an area of land determined by lines drawn parallel to and 300 feet (exclusive of streets, places and alleys) distance from the boundaries of the district proposed to be changed or affected by amendment, supplement, change, modification or repeal. Any ordinance that would amend, supplement, change, modify or repeal the boundaries of zoning districts, the uses, regulations or restrictions and which receives an affirmative recommendation from the plan and zoning commission shall require four affirmative votes by the council.

(Ord. No. 4062, § 905.05(4), 10-14-1980)

Applications for site plan review may be filed by any person with a financial, contractual or proprietary interest in the property to be developed according to the submitted plan.

(Ord. No. 4062, § 905.10(1), 10-14-1980)

All applications for site plan review shall be filed in the office of the zoning administrator. The application for site plan review shall contain the following information as well as such additional information as the plan and zoning commission may prescribe by any regulations filed with the city clerk:

(1)

All applications shall be signed by the applicant and shall state his name and address.

(2)

The site plan shall include all necessary data and drawings in order that the zoning administrator can determine if the proposed use complies with the district requirements and that the other city departments affected by the project may assess the impact of the proposed development on public facilities and services and on the surrounding area.

(3)

The data and drawings required shall include, but not be limited to:

a.

The location of the site and its relationship to surrounding uses;

b.

The location and size of each building on the site;

c.

The height, number of stories and form of the proposed building or buildings;

d.

The number of square feet of lot area;

e.

The ratio of floor area to the site area and the residential density;

f.

The location and general design and width of driveways, curbcuts and sidewalks;

g.

The location, area and number of proposed parking spaces;

h.

The general use and development of the site, including all recreation and open space areas, plazas, all major landscaping and all buffering from adjacent activities or uses;

i.

The location and identification of any other proposed facilities. More specific submission requirements shall be separately published as administrative regulations and filed with the city clerk; and

j.

Topography of site and contiguous edges of adjacent parcels.

(Ord. No. 4062, § 905.10(2), 10-14-1980)

(a)

The zoning administrator shall coordinate the analysis of the site plan application by the planning staff and any other affected city departments before any final action may be taken by the city council on the application.

(b)

This coordinated administrative review of the application shall be completed within 60 days of filing. The results of this review shall be compiled by the zoning administrator and reported by him to the city council for its consideration.

(c)

When an application for site plan approval is filed in conjunction with an application for rezoning, the city council must await the recommendations of the plan and zoning commission as to the rezoning before it may act upon the site plan application. After the city council receives this site plan application and associated documents, the council shall review the application and report it has received from the zoning administrator. The city council may then either approve, disapprove or conditionally approve the site plan application.

(Ord. No. 4062, § 905.10(3), 10-14-1980)

(a)

In approving a site plan application the city council may impose conditions and restrictions and may vary the standards set forth in this chapter so long as the general intent of this chapter is carried out. However, use regulations shall not be varied so as to make them less restrictive.

(b)

If the city council so acts, it shall designate specific requirements which must be met before an applicant may be granted final site plan approval and a building permit.

(c)

The city council may then delegate to the zoning administrator the power to grant the final approval of the site plan application when he has determined that the specifically prescribed conditions have been met by the applicant. Failure to comply with any of these conditions or restrictions shall constitute a violation of this chapter punishable as provided in section 56-4.

(Ord. No. 4062, § 905.10(4), 10-14-1980)

No site plan approval by the city council shall be valid for a period longer than 12 months from the date it approves the site plan application, unless within such period a building permit is obtained and construction is commenced. The city council may grant extensions not exceeding 12 months each upon written request of the original applicant if the application submitted is substantially the same as the initially approved application. However, the city council has the power in such cases to attach new conditions to its re-approval or disapprove the re-application. Where the application for re-approval contained changes which the city council concludes materially alter the initial application, it shall refer the application to the zoning administrator who shall initiate a new site plan review procedure as stated in this division.

(Ord. No. 4062, § 905.10(5), 10-14-1980)

The zoning administrator shall not certify an application for a building permit or issue a use permit for any building or structure within a project that has undergone site plan approval unless that building or structure is in substantial compliance with the site plans which were approved by the city council.

(Ord. No. 4062, § 905.10(6), 10-14-1980)

The principal objective of this division is to provide for an orderly arrangement of compatible building and land uses, and for the proper location of all types of uses required for the social and economic welfare of the city, and this chapter is based on the division of the entire city into districts in each of which are permitted specified uses that are basically compatible. In addition to such permitted, compatible uses, however, there are certain other uses which it may be necessary or desirable to allow in a given distinct, but which, because of their potential impact upon neighboring uses or public facilities or the planned development of the community, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this chapter as conditional uses, and are established and controlled by the provisions of this division.

(Ord. No. 4062, § 905.06(1), 10-14-1980; Ord. No. 4258, § 2, 6-10-1986; Ord. No. 4524, § 1, 3-24-1992; Ord. No. 4560, § 1, 11-10-1992; Ord. No. 4646, § 1, 5-24-1994)

The city council shall have the authority to issue by ordinance conditional use permits for uses of land and structures as designated in the regulations for each zoning district classification subject to the conditions, standards and procedures contained in this division as well as in such district regulations.

(Ord. No. 4062, § 905.06(2), 10-14-1980; Ord. No. 4258, § 2, 6-10-1986; Ord. No. 4524, § 1, 3-24-1992; Ord. No. 4560, § 1, 11-10-1992; Ord. No. 4646, § 1, 5-24-1994)

(a)

Applications. Applications for a conditional use permit shall include a site plan or an aerial depiction of the site in question and any necessary descriptive material relating to the intensity and extent of use and such other information as shall be required by the zoning administrator. The zoning administrator may waive the site plan or aerial depiction requirement if it is determined that no exterior modifications, site modifications, parking issues or any other matters relating to the intensity and extent of use would necessitate said site plan or aerial depiction. An application for a conditional use permit may be filed only by the owner of the property in question or by a tenant, with the owner's permission.

(b)

Standards for conditional use permit approval. The zoning administrator shall post the property and mail notices to inform the public of the date, time and place of the plan and zoning commission meeting at which the conditional use permit application shall be considered, and of the date, time and place of the public hearing on such application to be held by the city council pursuant to this division. The zoning administrator shall refer the application to the plan and zoning commission to investigate and make a report and recommendation as to whether the following criteria are true with respect to the proposed conditional use:

(1)

Complies with all applicable provisions of this chapter;

(2)

At the specific location will contribute to and promote the community welfare or convenience;

(3)

Will not cause substantial injury to the value of neighboring property;

(4)

Complies with the overall neighborhood development plan and existing zoning district provisions;

(5)

Will provide, if applicable, off-street parking and loading areas in accordance with the standards contained in this chapter;

(6)

Will not substantially increase traffic hazards;

(7)

Will not substantially increase fire hazards;

(8)

Will not overtax public utilities; and

(9)

Will not place an undue burden on municipal services.

(c)

Report and recommendation. Without unreasonable delay, and in all cases within 40 days after the first meeting at which the proposed conditional use is considered, the plan and zoning commission shall render to the city council a written report and recommendation on the proposed conditional use.

(d)

Hearing. Upon receipt of the report and the recommendation of the plan and zoning commission, the city council shall hold a public hearing on the application and shall give notice of the date, time and place thereof by causing a notice thereof to be published at least one time, 15 days before the date of the hearing, in a newspaper of general circulation in the city.

(e)

Authorization. After such hearing, the city council shall, by majority vote, make a determination as to whether the proposed conditional use satisfies the criteria listed in subsection (b) of this section for the plan and zoning commission report and recommendation. If the city council makes an affirmative determination as to all of the criteria, a conditional use permit shall be granted. If the city council makes a negative determination as to any of the criteria, a conditional use permit shall not be granted.

(f)

Conditions. The plan and zoning commission may recommend and the city council may provide such terms, conditions or restrictions upon the construction, location and operation of the conditional use, as the plan and zoning commission or the city council may determine in order to further the general objectives of this division and to minimize the possibility of injury to the value of property in the neighborhood.

(Ord. No. 4062, § 905.06(3), 10-14-1980; Ord. No. 4258, § 2, 6-10-1986; Ord. No. 4524, § 1, 3-24-1992; Ord. No. 4560, § 1, 11-10-1992; Ord. No. 4646, § 1, 5-24-1994; Ord. No. 5858, § I, 8-8-17)

No conditional use permit granted by the council shall be valid for a period longer than 180 days from the date it grants the conditional use permit, unless within such period:

(1)

A building permit is obtained and the erection or alteration of the structure is commenced; or

(2)

A use permit or certificate of occupancy is obtained and the use commenced. The council may grant extensions not exceeding 180 days each, upon written application, without notice or hearing.

(Ord. No. 4062, § 905.06(4), 10-14-1980; Ord. No. 4258, § 2, 6-10-1986; Ord. No. 4524, § 1, 3-24-1992; Ord. No. 4560, § 1, 11-10-1992; Ord. No. 4646, § 1, 5-24-1994)

Upon approval of the conditional use permit by city council ordinance, the applicant must sign an affidavit accepting the conditions and/or stipulations of the conditional use permit. Failure to sign the affidavit will render the conditional use permit null and void.

(Ord. No. 4062, § 905.06(5), 10-14-1980; Ord. No. 4258, § 2, 6-10-1986; Ord. No. 4524, § 1, 3-24-1992; Ord. No. 4560, § 1, 11-10-1992; Ord. No. 4646, § 1, 5-24-1994)

Editor's note— Ord. No. 6085, § V, adopted Sep. 23, 2025, repealed § 56-880, which pertained to group living facilities, group homes and derived from Ord. No. 4062, § 905.06(6), adopted Oct. 14, 1980; Ord. No. 4258, § 2, adopted June 10, 1986; Ord. No. 4524, § 1, adopted March 24, 1992; Ord. No. 4560, § 1, adopted Nov. 10, 1992; Ord. No. 4646, § 1, May 24, 1994.

All uses of property or structures which require a conditional use permit under the terms of the zoning district in which they are located may be used only in compliance with the conditional use permit authorizing such use or structure. Existing conditional use permits may be amended, provided that all applications for amendment must be granted or denied by the same procedures and standards contained in this division for new applications for conditional use permits.

(Ord. No. 4062, § 905.06(7), 10-14-1980; Ord. No. 4258, § 2, 6-10-1986; Ord. No. 4524, § 1, 3-24-1992; Ord. No. 4560, § 1, 11-10-1992; Ord. No. 4646, § 1, 5-24-1994)

All conditional use permits shall be approved for the original applicant only and for the specific location stated in the original application. Conditional use permits are not transferable to any other location, and conditional use permits may not be transferred to any person other than the original applicant prior to the commencement of the use. In the event a person or entity other than the original applicant desires to operate the use for which the conditional use permit was issued after the commencement of such use, a new conditional use permit shall be required in those instances in which:

(1)

The new person or entity proposes changes in the operations allowed under the conditional use permit that might affect the standards listed in section 56-877(b); or

(2)

Changes are proposed in the site improvements or structures from those depicted in the site plan presented by the original applicant in connection with the issuance of the conditional use permit.

(Ord. No. 4062, § 905.06(8), 10-14-1980; Ord. No. 4258, § 2, 6-10-1986; Ord. No. 4524, § 1, 3-24-1992; Ord. No. 4560, § 1, 11-10-1992; Ord. No. 4646, § 1, 5-24-1994)

(a)

Authorization. A conditional use permit may be surrendered by the owner of the property for which it is issued, or by a tenant operating under the conditional use permit and in whose name the permit was issued (the "holder"), in which case it shall be deemed revoked and of no further force or effect. Further, the city council may revoke a conditional use permit in accordance with the procedure described below if the terms of the conditional use permit have been violated.

(b)

Procedure for revocation by city council.

(1)

In addition to any other penalty or remedy provided in this chapter, in the event that the terms of a conditional use permit have been violated, a revocation of such permit may be initiated by the zoning administrator, the plan and zoning commission or the city council. Any proposition to revoke a conditional use permit on the grounds that the terms of the permit have been violated shall be referred to the plan and zoning commission, which shall give 15 days notice by certified mail to the property owner and to any holder of the conditional use permit, of the date, time and place of the meeting at which it will consider revocation of such permit, and of the reasons for considering revocation of the conditional use permit.

(2)

Any such notice shall be directed to such property owner at his last known address shown on the tax records for said property in the city offices, or if no such address is listed in the city offices, in the office of the county department of revenue. If no address of the property owner is indicated in the records of either the city or the county, no notice need be mailed to the property owner. In any event, the failure of the any party entitled to notice hereunder to receive the same, shall not invalidate any proceeding to revoke a conditional use permit.

(3)

The plan and zoning commission shall offer the property owner and any interested party an opportunity to be heard at any meeting at which it shall consider a proposition for revocation of a conditional use permit. The plan and zoning commission shall make its report and recommendation to the city council on the revocation of a conditional use permit within 80 days after such proposed revocation is submitted to the plan and zoning commission.

(4)

Upon receipt of the report and recommendation of the plan and zoning commission, the city council shall hold a public hearing on the proposed revocation. At least 15 days notice of the date, time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation in the city.

(5)

Any revocation of a conditional use permit against the recommendation of the plan and zoning commission may be adopted only on the affirmative vote of three-fourths of the entire membership of the council. A conditional use permit revocation recommended by the plan and zoning commission may be effected by a majority vote of all members of the council.

(6)

Upon revocation of any conditional use permit, the property in a designated zoning district may be used only for such uses as are authorized for that property in that zoning district as though the revoked conditional use permit had not been granted.

(Ord. No. 4062, § 905.06(8), 10-14-1980; Ord. No. 4258, § 2, 6-10-1986; Ord. No. 4524, § 1, 3-24-1992; Ord. No. 4560, § 1, 11-10-1992; Ord. No. 4646, § 1, 5-24-1994)

Certain establishments and businesses are acknowledged to have special characteristics which may affect the use and enjoyment of adjacent properties; and it is the intent of these regulations to provide for the confinement of these establishments and businesses to those areas in the city in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties; and these regulations are further intended to require that these establishments and businesses shall not be permitted to be located in such concentration that their operational features may establish the dominant character of any area; and these regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and the use of properties and these uses are recognized as having serious objectionable operational characteristics, particularly if several such uses are concentrated, thereby having a deleterious effect upon adjacent areas and could contribute to blight and degradation of the surrounding neighborhood; and the special regulation of these establishments and businesses is necessary to ensure that the secondary effects of such uses will not contribute to the blighting of surrounding neighborhoods, whether residential or nonresidential but are restricted in use and concentrated so as to ensure the stability of such neighborhood.

(Ord. No. 4062, § 905.06A(A), 10-14-1980; Ord. No. 5332, § II, 4-11-2006)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult arcade means any place to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by matters exhibiting specified sexual activities or specified anatomical areas.

Adult bookstore, adult novelty store or adult video store means a commercial establishment which has ten percent or more of its stock-in-trade, or derives ten percent or more of its revenues or devotes ten percent or more of its interior business or advertising, or maintains ten percent or more of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, compact discs, slides, or other visual representations, which are characterized by their emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas;

(2)

Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(1)

Persons who appear seminude;

(2)

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(3)

Films, motion pictures, videocassettes, slides or other photographic reproductions which are distinguished or characterized by the exhibition or display of specified sexual activities or specified anatomical areas.

Adult motel means a hotel, motel, or similar commercial establishment, which:

(1)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are distinguished or characterized by the exhibition or display of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and either

(2)

Offers a sleeping room for rent for a period of time that is less than ten hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear nude or seminude, or live performances which are distinguished or characterized by the exposure of specified anatomical areas or by specified sexual activities.

Distinguished or characterized by means the dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by the exhibition or display of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or display of specified anatomical areas or specified sexual activities.

Escort means a person who, for consideration, and for another person, agrees or offers:

(1)

To act as a companion, guide, or date;

(2)

To privately model lingerie; or

(3)

To privately perform a striptease.

Escort agency means a person or business association that for a fee, tip, or other consideration, furnishes, offers to furnish, or advertises to furnish, escorts as one of its primary business purposes.

Nude, nudity or state of nudity means the showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Regularly featured or regularly shown means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.

Seminude or in a seminude condition means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.

Seminude model studio means a commercial establishment which regularly features a person who appears seminude and is provided to be observed, sketched, painted, sculptured, or photographed by other persons who pay money or any form of consideration, but shall not include a proprietary school licensed by the state or a college, junior college or university supported entirely or in part by public taxation; or a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

Sexual encounter center means a business or commercial establishment, that as one of its principal business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities. The definition of sexual encounter center or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licenses by the state engages in medically approved and recognized sexual therapy.

Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, seminude model studio, or sexual encounter center.

Specified anatomical areas means:

(1)

The human male genitals in a discernible turgid state, even if completely and opaquely covered; or

(2)

Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

Specified sexual activities means any of the following:

(1)

The fondling of another person's genitals, pubic region, anus, or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

(3)

Excretory functions as part of, or in connection with, any of the activities set forth in subsections (1) and (2) of this definition.

(Ord. No. 4062, § 905.06A(B), 10-14-1980; Ord. No. 5332, § II, 4-11-2006)

In the case of any establishment or business described in this section, the following special conditions shall apply:

(1)

No sexually oriented business shall be permitted within 300 feet of any religious institution, school, public park or any property zoned or used for residential use. Such distance shall be measured in a straight line without regard to intervening properties from the closest point on any property line of the property in which such use shall propose to be located to the closest point on any property line of the religious institution, school, or public park, or the property zoned or used for residential use. Notwithstanding any other provision of this chapter a sexually oriented business which shall only be permitted in the HM Heavy Manufacturing District and only upon the issuance of a conditional use permit in accordance with the provisions of this division.

(2)

No sexually oriented business shall be allowed to locate or expand within 300 feet of the property on which is situated any other sexually oriented business or of any business licensed to sell or serve alcoholic beverages whether or not such business is also a sexually oriented business. The distance between any two such establishments or between such establishment and a business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest point on any property line of the property on which any such establishment or business is located.

(3)

All access to and from sexually oriented business shall be provided from a street classified as a public right-of-way.

(4)

The facility in which the sexually oriented business is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No activity shall take place partially or totally outside the sexually oriented business.

(Ord. No. 4062, § 905.06A(C), 10-14-1980; Ord. No. 5332, § II, 4-11-2006)

The regulations contained in this subdivision shall be in addition to any and all regulations contained elsewhere in this Code.

(Ord. No. 4062, § 905.06A(D), 10-14-1980; Ord. No. 5332, § II, 4-11-2006)

A sexually oriented business shall be permitted only in the HM district and only upon the issuance of a conditional use permit in accordance with the procedures set out in this chapter.

(Ord. No. 4062, § 905.06A(E), 10-14-1980; Ord. No. 5332, § II, 4-11-2006)

The establishment of a board of adjustment is hereby authorized. It shall consist of five members, who shall serve without compensation and who shall be appointed by the mayor with the approval of the city council.

(Ord. No. 4062, § 905.07(1), 10-14-1980)

(a)

The board of adjustment shall consist of five members who shall be freeholders of the city.

(b)

The term of office of the members of the board of adjustment shall be for five years, excepting that the five members first appointed shall serve respectively for terms of one year, two years, three years, four years and five years each. All members shall be removable for cause by the city council upon written charges and after a public hearing.

(c)

Vacancies upon the board shall be filled for the unexpired term of any member whose term becomes vacant in the same manner as provided for the appointment of such member. The board of adjustment shall elect its own chairperson who shall serve for one year.

(Ord. No. 4062, § 905.07(2), 10-14-1980)

The board of adjustment shall have the following powers and duties:

(1)

To hear and decide all matters referred to it or upon which it is required to pass under this chapter.

(2)

To hear appeals in the manner prescribed in subdivision II of this division where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator in the enforcement of this chapter.

(3)

To vary or modify in the manner prescribed in subdivision III of this division the application of any of the provisions of this chapter where there are practical difficulties or unnecessary hardships in the carrying out the strict letter of this chapter, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.

(Ord. No. 4062, § 905.07(3), 10-14-1980)

(a)

Meetings. Meetings shall be held at the call of the chairperson and at such other times as the board may determine.

(b)

Hearings and rules.

(1)

All hearings on appeals and applications for variances that this chapter requires of this board shall be open to the public.

(2)

The board shall set a date for any required hearings and public notice of them shall be given to the parties in interest.

(3)

All testimony at such hearings shall be given under oath. The chairperson, or in his absence the acting chairperson, shall administer the oaths and may compel the attendance of witnesses.

(c)

Minutes. The board of adjustment 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 examinations and other official actions, all of which shall be a public record and be immediately filed with the city clerk. A summary of all testimony, objections thereto and rulings thereon, shall be prepared by a reporter employed by the board for this purpose. The findings of the board shall be complete, detailed and set forth for its decision.

(Ord. No. 4062, § 905.07(4), 10-14-1980)

All decisions of the board of adjustment shall be final decisions and shall in all instances be subject to judicial review in the manner provided by the applicable state statutes.

(Ord. No. 4062, § 905.07(5), 10-14-1980)

Appeals to the board of adjustment concerning the interpretation or administration of this chapter may be taken by any aggrieved person, administrative body, officer, agency or commission of the city affected by any decision of the zoning administrator.

(Ord. No. 4062, § 905.08(1), 10-14-1980)

Such appeals shall be taken within a reasonable time, not to exceed 30 days from the time the incident appealed from occurred.

(Ord. No. 4062, § 905.08(2), 10-14-1980)

The aggrieved party shall file his appeal, specifying the grounds thereof with the city clerk or directly with the board of adjustment all papers constituting the record upon which the action appealed from was taken.

(Ord. No. 4062, § 905.08(3), 10-14-1980)

(a)

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies by letter to the board of adjustment after the notice of appeal is filed with him that, by reason of specific facts stated in the letter, a stay would, in his opinion, cause imminent peril to life and property. Otherwise, proceedings shall not be stayed except by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the zoning administrator and on due cause shown.

(b)

Hearing and procedural rules. See section 56-945(b).

(Ord. No. 4062, § 905.08(4), (5), 10-14-1980)

(a)

The board of adjustment may affirm or reverse, wholly or partly, or modify the order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the zoning administrator.

(b)

The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator under this chapter. The board shall render a written decision on the appeal without unreasonable delay after the close of the public hearing, and in all cases within 60 days after the close of the public hearing.

(Ord. No. 4062, § 905.08(6), 10-14-1980)

The board of adjustment may authorize variances where there are practical difficulties or unnecessary hardships in the carrying out the strict letter of this chapter, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. However, no variance shall be authorized unless the board of adjustment determines that the standards set forth in section 56-1001 have been complied with.

(Ord. No. 4062, § 905.09(1), 10-14-1980; Ord. No. 4512, § 1, 10-8-1991)

(a)

Filing and submission requirements. An application for a variance shall be filed in the office of the zoning administrator, who shall forward the application to the board of adjustment. The application shall contain the following information as well as such additional information as the board of adjustment may prescribe by regulation filed with the city clerk:

(1)

The particular requirements of this chapter which prevent the proposed use or construction;

(2)

The characteristics of the subject property which prevent compliance with the requirements of this chapter;

(3)

The particular hardship which would result if the particular requirements of this chapter were applied to the subject property; and

(4)

The reduction of the minimum requirements of this chapter which would be necessary to permit the proposed use or construction.

(b)

Hearing and procedural rules. See section 56-945(b).

(Ord. No. 4062, § 905.09(2), (3), 10-14-1980; Ord. No. 4512, § 1, 10-8-1991)

The board of adjustment shall not grant a variance as authorized in this division unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it that support the following conclusions:

(1)

The variance requested arises from a condition which is unique to the property in question and which is not ordinarily found in the same zoning district, and is not created by an action or actions of the property owner or the applicant;

(2)

The granting of the variance will not adversely affect the rights of adjacent property owners or residents;

(3)

The strict application of the provisions of this chapter from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

(4)

The variance desired will not adversely affect the public health, safety, order, convenience or general welfare of the community; and

(5)

Granting the variance desired will not violate the general spirit and intent of this chapter.

(Ord. No. 4062, § 905.09(4), 10-14-1980; Ord. No. 4512, § 1, 10-8-1991)

In determining whether the evidence presented supports the conclusions required by section 56-1001, the board of adjustment shall consider the extent to which the evidence demonstrates that:

(1)

The particular physical surroundings, shape or topographical condition of the property involved would result in a practical difficulty or unnecessary hardship upon or for the owner, lessee or occupant, as distinguished from a mere inconvenience, if the provisions of this chapter were literally enforced;

(2)

The request for a variance is not based exclusively upon the desire of the owner, lessee, occupant or applicant to secure a greater financial return from the property;

(3)

The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the property is located; and

(4)

The proposed variance will not impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neighborhood.

(Ord. No. 4062, § 905.09(5), 10-14-1980; Ord. No. 4512, § 1, 10-8-1991)

In granting a variance, the board of adjustment may impose such conditions and restrictions upon the property benefited by the variance as may be necessary to comply with the standards set out in section 56-1001 to deduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of this chapter. Failure to comply with any of these conditions or restrictions shall constitute a violation of this chapter punishable as provided in section 56-4.

(Ord. No. 4062, § 905.09(6), 10-14-1980; Ord. No. 4512, § 1, 10-8-1991)

The board of adjustment shall render a written decision on an application for a variance without unreasonable delay and in no case after more than 30 days of the public hearing.

(Ord. No. 4062, § 905.09(7), 10-14-1980; Ord. No. 4512, § 1, 10-8-1991)

(a)

No variance granted by the board of adjustment shall be valid for a period longer than 180 days from the date on which it grants the variance, unless within such period:

(1)

A building permit is obtained and the construction, alteration or moving of the structure is commenced (division 3 of this article).

(2)

A use permit is obtained and a use commenced (section 56-772).

(b)

The board of adjustment may grant extensions not exceeding 180 days each, upon written application, without notice or hearing.

(Ord. No. 4062, § 905.09(8), 10-14-1980; Ord. No. 4512, § 1, 10-8-1991)

In circumstances involving the reconstruction of any previously existing accessory use to an existing residential structure, the zoning administrator, may, but shall not be required to, grant an administrative variance from the applicable side and rear yard setback requirements subject to and in accordance with the standards, considerations and limitations contained in sections 56-1001 through 56-1004. In the event that the zoning administrator declines to consider, denies an administrative variance, or approves an administrative variance with modifications or conditions unacceptable to the applicant, the applicant shall be entitled to seek a variance directly from the board of adjustment. In addition, any person aggrieved by a decision of the zoning administrator granting an administrative variance may appeal to the board of adjustment as provided in subdivision II of this division. No variance granted by the zoning administrator shall remain valid unless the authorized reconstruction of the accessory use commences within 12 months after demolition of the previously existing structure.

(Ord. No. 4062, § 905.09(9), 10-14-1980; Ord. No. 4512, § 1, 10-8-1991)