This article contains the regulations pertaining to administration and enforcement of the provisions of this Code, issuance of permits and certifications, inspection of property, issuance of stop work and stop use orders, and enforcement of violations of the provisions of this Code.

(Sec. 13.1)

This Code shall be administered and enforced by the development administrator, who shall have the following duties with respect to this Code:

(a)

Shall enforce the provisions of this Code. In addition, the development administrator shall enforce all regulations and conditions governing development of any and all projects as permitted by this Code, following approval by the planning commission, city council, or board of zoning appeals.

(b)

May determine the actual location of a boundary line between zoning districts, where such line does not coincide with a property line or district boundary line. Such determination shall be subject to appeal before the board of zoning appeals.

(c)

Shall approve appropriate permits.

(d)

Shall examine premises for which permits have been issued. The development administrator shall also investigate matters referred to in this Code and render written or oral reports.

(e)

May cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this Code by issuing a stop work or stop use order.

(f)

May refer any violation of this Code to the city attorney for prosecution or other appropriate action when deemed necessary.

(g)

May adopt such administrative policies, in cooperation with the city council, deemed necessary to the execution of his enforcement responsibilities.

(h)

The development administrator 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. All papers in connection with building work shall be retained on file so long as any part of the building or structure to which they relate may be in existence. Such records shall be open to public inspection at reasonable hours, but shall not be removed from a permanent place designated by the development administrator.

(i)

Shall perform such other related duties as the city council may from time to time prescribe.

(Sec. 13.2)

The city council by conditional use permit after public hearing by the planning commission, and subject to such protective restrictions as it deems necessary, may authorize the location, extension, or structural alteration of any one of the buildings or uses listed in each district as a conditional use. Conditional use permits shall be issued to tenants and operators.

(Ord. No. 08-04, § 1, 2-4-08)

A written application shall be filed with the development administrator to obtain a conditional use permit for the uses hereinafter set forth in this section or for uses previously issued a conditional use permit where alteration or an extension is requested. Upon receipt of an application, together with a site plan and necessary descriptive material of the entire parcel including all permitted and conditional uses, the development administrator shall submit the application to the planning commission.

(Ord. No. 08-04, § 1, 2-4-08)

The planning commission shall review the application, hold a public hearing in accordance with the procedures set forth in this section, approve or disapprove the application, and submit a report of its recommendations to the city council within 45 days.

(Ord. No. 08-04, § 1, 2-4-08)

Notice shall be given of the time and place of the hearing, not more than 30 nor less than 15 days before the hearing, by publishing a notice thereof at least once in one or more newspapers with a general circulation within the city.

(Ord. No. 08-04, § 1, 2-4-08)

In addition, the city clerk shall mail notice of the proposed conditional use permit to all owners of property which are located within 250 feet of any part of the property being considered for a conditional use permit at least 15 days prior to the time the planning commission holds a public hearing on the request.

(Ord. No. 08-04, § 1, 2-4-08)

No action shall be taken upon any applications for a proposed building or use referred to above until and unless the report of the planning commission has been filed; provided, however, that if no report is received from the planning commission within 45 days, the city council may proceed with its action upon the application. The city council shall vote on the conditional use permit following the public hearing. If the action by council is similar to the recommendation of the planning commission, the council vote may be a simple majority of those present. If the action by council is contrary to the recommendation of the planning commission, the affirmative vote of a majority of the members of the city council shall be required to authorize and approve the issuance of any conditional use permit.

(Ord. No. 08-04, § 1, 2-4-08)

In considering whether or not such application for a conditional use permit should be granted, it shall be the duty of the planning commission and the city council to give consideration to the effect of the requested use on the health, safety, morals, and general welfare of the residents of the area in the vicinity of the property in question and the residents of the city generally. In considering the conditional use, the planning commission and the city council should consider the following:

(a)

Whether the proposed conditional use is consistent with the city's Comprehensive Plan, and will not impede normal, orderly development of the neighborhood.

(b)

The compatibility with surrounding uses and compatibility with the surrounding neighborhood, including any substantial impact on property values.

(c)

The comparative size, floor area, mass, and general appearance of the proposed structure in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.

(d)

The amount of traffic movements generated by the proposed use and the relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood in terms of the street's capacity to absorb the additional traffic and any significant increase in hourly or daily traffic levels.

(e)

The added noise level created by activities associated with the proposed use and the impact of the ambient noise level of the surrounding area and neighborhood.

(f)

The impact of night lighting in terms of intensity, duration, and frequency of use as it impacts adjacent properties and in terms of presence in the neighborhood.

(g)

The impact of the landscaping of the proposed use in terms of landscaped areas, buffers, and screens.

(h)

The potential for the proposed use to remain in existence for a reasonable period of time and not become vacant or unused. Consideration should also be given to unusual single purpose structures or components of a more temporary nature.

(i)

Whether there are any facilities near the proposed use (such as schools or hospitals) that require special protection.

(Ord. No. 08-04, § 1, 2-4-08)

(a)

The city council may institute a rezoning or an extension (all or any part) of a conditional use permit if any approved conditional use permit granted by the city council is not exercised and put into use within 12 months of the date of approval.

(b)

Upon failure of compliance with the regulations and restrictions of this Code or the requirements of the conditional use permit, the city manager will provide 30 days written notice of possible revocation.

(c)

If no remedy is received, then the city council, after a public hearing, may revoke a conditional use permit for failure of compliance with the regulations and restrictions of this Code or the requirements of the conditional use permit.

(Ord. No. 08-04, § 1, 2-4-08)

Editor's note— Ord. No. 08-04, § 1, adopted February 4, 2008, set out provisions intended for use as § 34-13-11. For purposes of clarity, and at the editor's discretion, these provisions have been included as 34-13-10.1.

A conditional use permit shall lapse and become void unless the applicant begins operation of the conditional use permit within one year of the date of the approval by the city council. Upon the written request of the property owner and for good cause shown, the city council may grant one extension of not more than one year. An application for extension will be considered only if it is submitted, in writing, prior to the expiration of the initial period.

(Ord. No. 08-04, § 1, 2-4-08)

Editor's note— Ord. No. 08-04, § 1, adopted February 4, 2008, set out provisions intended for use as § 34-13-12. For purposes of clarity, and at the editor's discretion, these provisions have been included as 34-13-10.2.

(a)

Applicable zoning districts. An approved site plan is required in all districts for the development or redevelopment of any parcel of land proposed for any land use. The purpose of the site plan review procedure is to enable the city to consider potential impacts upon the area in the vicinity of the property, consistency with good planning practice, and to ensure high standards of site and building design for the general welfare of the city and its residents.

(1)

Exceptions.

(a)

Certain limited legal accessory uses.

(b)

Improvements made in emergency events.

(c)

Public utilities or improvements.

(d)

Schools: City receives improvement plans from the school district for review and input. Re: street access, utility connection, general site compatibility (bulk, setbacks, etc.).

(e)

Agriculture uses which do not involve additional impervious surfaces.

(b)

Types of site plans. Site plans shall be divided between major and minor site plans.

(c)

Relationship to other ordinance requirements. The requirements, procedures and standards contained in this division III are in addition to the requirements, procedures and standards contained in other sections of this Code which shall remain applicable to the parcel for which the application is filed. In case of conflict between the general provisions and district regulations of the Unified Land Development Code with provisions of this division, the more restrictive requirement shall control.

(Sec. 13.4.1; Ord. No. 10-16, § 1, 10-18-10)

(a)

Minor site plan procedure. The procedure for obtaining approval of a minor site plan includes:

(1)

The filing of an application with the site plan. This application shall include all items "checked" for submittal on the "Site Plan Submittal Checklist". This list shall be prepared on a case-by-case basis by the development administrator to reflect the individual application needs for adequate review.

(2)

Review and comments by city departments. The development administrator may solicit input and impose requirements as requested from city departments.

(3)

Minor site plan approval. The development administrator may approve a minor site plan if the site plan complies with all requirements of the city's Unified Land Development Code. If the development administrator denies approval of a minor site plan including the provision of written comments as to the reason for such denial, the denial may be appealed by the applicant to the planning commission for review. The planning commission shall then approve the minor site plan, approve the minor site plan with conditions, or deny the site plan.

Minor site plan exceptions: The development administrator may waive the requirement that a minor site plan be submitted when the applicant demonstrates to the development administrator one of the following:

• That the proposed development, issuance of a certificate of occupancy or change in the principal use of the property will have no detrimental impact on adjoining property and would otherwise clearly comply with all regulations of the city without review of the plan, thereby eliminating the necessity for the establishment of or revision to a minor site plan; or

• That the proposed development will conform in every material respect to a site plan previously approved for the same property; or

• That valid and complete subdivision improvement plans already have been approved by the city for the development as proposed.

(b)

Major site plan procedure. The procedure for obtaining approval of a major site plan includes:

(1)

Procedure summary.

(a)

Filing an application with the site plan;

(b)

Review and comments by city departments;

(c)

Review of the staff report/site plan and approval by the planning commission; and

(d)

Approval of the site plan by the city council.

(2)

Procedure detail.

(a)

Application.

(i)

An applicant shall confer with the development administrator, or the Administrator's designee, to become familiar with the city's regulations and requirements affecting the district in which the parcel in question lies and shall obtain copies of various city ordinances pertaining to procedures and requirements for site plan approval.

(ii)

An application may be made by the owner or by any person with a contractual interest in the property. Written consent of the owner shall be required if the applicant is not the owner. All owners must join if multiple owners exist within the project site. The written application for review and approval of the site plan shall be filed on a form supplied by the development administrator and shall be accompanied by a site plan as described in section 34-13-13. The application shall be signed by the applicant and shall state the name and address of the applicant and of the owner. If the applicant is not the owner, the application shall identify the applicant's specific contractual interest in the property.

(iii)

A fee for reviewing the site plan shall be paid to the city at the time of filing the application. Fees may include provisions for payments related to direct expenses incurred by the city for engineering and legal services.

(iv)

Additional studies may be required for project related impacts—Traffic, storm drainage, utilities, etc.

(v)

Architectural drawings including elevations, landscape elements, and other key design features.

(b)

Review of application. Upon receipt of an application completed in satisfactory form, the development administrator may deliver a copy of the application and accompanying papers including the site plan to the appropriate city departments for their review and comments on the impact of the proposed development on health, safety, traffic, public services or facilities and other relevant consideration, in both the area of the project, and other areas of the city which may be affected. Such comments shall be sent to the development administrator and forwarded to the applicant within 21 days of the receipt of the completed application.

Within 21 days from the forwarding of comments to the applicant, the applicant shall advise the development administrator of the applicant's desire to supplement and/or revise the application and site plan based on the city's comments; or proceed to a review by the planning commission. If the applicant opts to proceed to a review of the unrevised site plan by the planning commission, the application shall be placed on the agenda of the next available meeting of the commission. If the applicant opts to revise the site plan, the previously outlined review periods will be repeated.

(c)

Review by planning commission. The planning commission shall review the site plan at a public meeting and recommend approval, disapproval, or approval with conditions. Wherever possible, concurrent review of the site plan and architectural review shall take place. In determining whether to recommend approval, disapproval, or approval with conditions, the planning commission shall consider:

(i)

All relevant information, including:

* The site plan's consistency with good planning practices,

* Its compatibility with adjacent developments and uses,

* Its effect on the health, safety, morals and general welfare of the community.

(ii)

Likely effects of the site plan on vehicular or pedestrian traffic, fire hazards, fire, police and utility services, municipal expenditures, surface water drainage facilities and environmental aspects.

(d)

Approval by city council. After considering the recommendation of the planning commission, the city council shall approve the site plan, disapprove the site plan or approve the site plan with conditions.

(c)

Validity of a site plan. Approval of a site plan shall be valid for a period of 12 months from the date of approval by the city. If no building permit is obtained during that period, the approval shall terminate. The city council may grant extensions of time not to exceed 12 months each, upon written request of the applicant provided that the request is filed prior to the expiration date. The city council may attach new conditions when an extension is granted. The same procedure shall be followed by the development administrator for minor site plans.

Modified extension requested. The applicant may request modifications as a part of an approval extension. For a substantially similar major site plan, the council may grant an extension with modifications approved (new conditions may be required). If, in the opinion of the city council, the application contains substantial changes to the originally approved plan, a new major site plan review process may be required including the payment of a new application fee.

(Sec. 13.4.2; Ord. No. 12-10, § 1, 5-21-12)

(a)

Content of site plan. Generally, applications shall include a site plan incorporating all information found in the "Site Plan Submittal Checklist", which is available and maintained in the development administrator's office. As stated above, minor site plan submittal checklists are tailored on a case-by-case basis.

(b)

Site plan drawings. Generally, the scale for all drawings shall be no smaller than one inch equals 50 feet, and the drawings shall contain the project name, street names, a scale, north arrow, and the date drawn. In certain circumstances, plans shall also be provided in reduced (8½" x 11") format.

(c)

Number of copies of plans. The applicant will be required to submit a specified number of plans at certain points during the review process, responding to the distribution to departments and commission/council reviewers.

(Sec. 13.4.3)

Buildings, structures, landscaping and other improvements shall be constructed, installed, and maintained in accordance with the site plan as approved by the city. It shall be the duty of the owner of the property to maintain such improvements.

(Sec. 13.4.4)

Every dwelling, every dwelling unit and every nonresidential building within the corporate limits of the city shall conform to the requirements of this section, irrespective of the zoning classification of such building and irrespective of when such building may have been constructed, altered or repaired, except as hereinafter provided.

(Sec. 13.5.1)

(a)

Except as otherwise provided herein, it shall be unlawful for the owner of any dwelling or dwelling unit or any nonresidential building to sell, lease, rent, or otherwise transfer possession thereof to another until he has first secured an occupancy permit, authorizing such occupancy by the buyer, lessee, renter, or transferee, as the case may be, and has delivered the said permit to such purchaser, transferee or lessee.

(b)

If there are violations of this chapter which must be abated before an occupancy permit is issued, it shall be the responsibility of the owner, seller, lessor or transferor to abate such violations; provided however, that if the owner, seller, lessor or transferor first provides a true and correct copy of all such violation notices to the purchaser, transferee or lessee and thereafter obtains the purchaser's, transferee's or lessee's written undertaking to abate such violations, upon filing a copy of the said written undertaking, signed by the part to be so bound, with the development administrator, the obligation to abate such violations shall then be the responsibility of the said purchaser, transferee or lessee, who shall be bound thereby without further notice.

(c)

This section shall not apply to transfers of real estate wherein the transferee notifies the development administrator, in writing, of his/her intent to demolish any buildings located thereon within 90 days of the transfer of such real estate and does so demolish the buildings within the said period of time. The development administrator may, for good cause shown, extend the said period of time for one additional period of 90 days.

(Sec. 13.5.2)

(a)

It shall be unlawful for any person, firm or corporation to hereinafter occupy, or for any owner or agent thereof to permit the occupancy of any dwelling, dwelling unit, nonresidential building or addition thereto, or part thereof, except an owner-occupied dwelling or dwelling unit, for any purpose until an occupancy permit has been issued by the development administrator. The occupancy permit shall be issued when the occupancy complies with all the provisions of this section.

(b)

This section shall not apply to any occupancy in existence at the time of the adoption of this chapter, nor shall a family be considered in violation of this section by reason of births or deaths within a family or by reason of the return of a family member.

(c)

The occupancy permit must be applied and paid for by the owner, lessor, or seller; said occupancy permit will not be issued until such time as there is an actual change of occupancy, but occupant must furnish such additional information as is required by the issuing authority.

(d)

It shall be unlawful for any person to knowingly make any false statement in his application for an occupancy permit including the names, ages, relationships, or number of occupants who will occupy the premises.

(e)

In the event a person desires to continue to receive a utility service, such as water, electricity, etc., to a dwelling or a dwelling unit during a period of time that the dwelling or dwelling unit actually has no occupants, then upon application and without fee, the development administrator may issue a retention of utility services permit. A retention of utility services permit shall be valid only so long as the dwelling or dwelling unit has no occupants.

(f)

In the event a property owner desires to restore a utility service, such as water, electricity, etc., to a dwelling or a dwelling unit where no utilities are currently being provided, then upon application and without fee, the development administrator may issue a restoration of utility services permit. Said permit shall be valid for a period of time not to exceed 60 days. If upon the conclusion of the 60 days the property owner has not obtained the necessary permits leading to the legal occupancy of said dwelling or dwelling unit, or the property owner is using said dwelling or dwelling unit contrary to the provisions of City Code, the city shall have the right to order the person(s) providing utility service(s) to discontinue utilities to the dwelling or dwelling unit in question.

(g)

No occupancy permit shall be issued by the development administrator until such time as all sewer service fines, fees or levies issued against the property in question are paid in full. The development administrator shall be responsible for checking with all appropriate departments to determine if such sewer service fees, fines or levies have been paid.

(Sec. 13.5.3)

(a)

It shall be unlawful for any person that provides a utility service, such as water, electricity, etc., to provide its service to any building, or addition thereto, or part thereof, that is to be used as a dwelling or dwelling unit until an occupancy permit or retention of utility services permit has been issued by the development administrator concerning the dwelling or dwelling unit to be served by said utility and until said occupancy permit or retention of utility services permit is presented to said utility service. The owner of a dwelling can, however, contact the appropriate electric company to have the utilities changed over to his or her name in the event that the tenants move out without sufficient notice. In the event that the utilities are placed back in the owner's name, the owner has seven days to obtain a retention of services permit from the office of the development administrator.

(b)

If no attempt has been made by the property owner to get a retention of services permit at the end of the seven consecutive days, then the utility company shall discontinue their services. This section shall not apply to any occupancy in existence at the time of adoption of this chapter.

(Sec. 13.5.4)

Any change in use of any building or premises shall be approved by the development administrator prior to issuance of an occupancy permit. The purpose of this approval is to ensure that adequate parking is provided on site, that the new use is permitted in the zoning district, and that there are no violations of this Code.

(Sec. 13.5.5)

The development administrator may permit the temporary outdoor display of merchandise based on the following criteria:

(a)

The merchandise shall not be located in a right-of-way or on any other public property.

(b)

The area dedicated to the temporary display of merchandise shall not occupy more than five parking spaces or ten percent of the parking spaces available on the site, whichever figure is lower.

(c)

Merchandise may be displayed on a sidewalk which is not located within a public right-of-way provided that the area of the sidewalk available for pedestrian circulation shall not be reduced to less than five feet in width. This width shall be measured on a line perpendicular to the edge of the curb.

(d)

The merchandise must be arranged such that vehicular and pedestrian circulation is not impeded and the merchandise is physically separated from circulation aisles by temporary barriers.

(e)

The merchandise shall not be displayed on site for a period exceeding 15 days.

(f)

The area covered by the merchandise shall not exceed ten percent of the gross floor area of the principal building on the site.

(Sec. 13.6.1)

The temporary display of seasonal, grand opening or special promotional merchandise may be approved by the development administrator subsequent to the submittal and approval of an application for such display. Such temporary display may include, but is not limited to, Christmas trees, pumpkins and displays of other similar merchandise. Such merchandise may be displayed in the open or under a temporary tent, awning or similar device. The permit approval will be conditioned on a demonstration by the applicant that such temporary seasonal display can satisfactorily conform to the following criteria:

(a)

The merchandise shall not be located in a right-of-way or on any other public property.

(b)

The area dedicated to the temporary display of merchandise shall not occupy more than five parking spaces or ten percent of the parking spaces available on the site, whichever figure is lower.

(c)

Merchandise may be displayed on a sidewalk which is not located within a public right-of-way provided that the area of the sidewalk available for pedestrian circulation shall not be reduced to less than five feet in width. This width shall be measured on a line perpendicular to the edge of the curb.

(d)

The merchandise must be arranged such that vehicular and pedestrian circulation is not impeded and the merchandise is physically separated from circulation aisles by temporary barriers.

(e)

The merchandise shall not be displayed on site for a period exceeding 35 days.

(Sec. 13.6.2)

Festivals, circuses, street carnivals, sidewalk sales on sidewalks within a public right-of-way and similar events may be approved by the development administrator subsequent to the submittal and approval of an application for a festival permit. Such festival shall be of limited duration and the public health, safety and general welfare shall be maintained throughout the course of the event. The permit approval will be conditioned on a demonstration by the applicant that such festival can satisfactorily conform to the following criteria:

(a)

Special considerations shall be required for any activity occurring in a public right-of-way.

(b)

Arrangements for adequate parking shall be made such that major disruptions do not occur for more than one business day.

(c)

The festival shall not exceed a period of ten days.

(Sec. 13.6.3)

Members of the planning commission, members of the board of zoning appeals, the development administrator, or other authorized personnel of the city are hereby empowered in the performance of their functions, to enter upon any land in the city for the purpose of making inspection, examinations and surveys, or to place and maintain thereon monuments, markers, notices, signs or placards effecting the provisions of this Code. The above authorized persons shall present proper identification upon demand when entering upon any land or structure for the purpose of this Code.

(Sec. 13.7.1)

The development administrator is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress.

(Sec. 13.7.2)

The city council may establish a schedule of fees, charges and expenses, including publication fees, and a collection procedure for all permits, applications, certificates, appeals and other matters pertaining to this Code. The schedule of fees shall be on file with the city clerk, and may be modified or amended as necessary. No permit, certificate, conditional use, rezoning, approval or variance shall be issued unless or until such costs, charges, fees or expenses listed in this Code have been paid in full, nor shall any action be taken on proceedings before the planning commission, board of zoning appeals or city council unless or until fees have been paid in full.

(Sec. 13.8)

In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this Code or other regulation made under authority conferred hereby, the proper local authorities of the municipality (including city council, planning commission, board of zoning appeals, city attorney, development administrator, or any other officer appointed by the city council), in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by the development administrator, who is empowered to cause any building, structure, place or premises to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of this Code.

(Sec. 13.9.1)

The owner, general agent, lessee or tenant of a building or premises or part of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes parts or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than $10.00 and not more than $500.00. Each week the violation remains uncorrected shall constitute a separate offense.

(Sec. 13.9.2)

In addition to the penalties hereinabove authorized and established, the city attorney shall take such other actions at law or in equity as may be required to halt, terminate, remove, or otherwise eliminate any violations of this Code.

(Sec. 13.9.3)