There is established the office of zoning inspector and for the purposes of this chapter, the office of inspector of the city is designated as the zoning inspector. It shall be the duty of the zoning inspector to enforce this article in accordance with the administrative provision of this article. All departments, officials and public employees of the city vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this article and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this article. Any permit or license, issued in conflict with the provisions of this article, shall be null and void.

(Ord. No. 256(A), art. IX, § 91(a), 1-22-1981)

(a)

Every application for a zoning clearance permit shall be accompanied by:

(1)

Plans in duplicate, drawn to scale on the form, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part;

(2)

The exact location, size and height of any building or structure to be erected or altered; in the case of a proposed new building or structure or proposed alteration of an existing building or structure as would substantially alter its appearance, drawings or sketches showing the front, side, and rear elevations of the proposed building or structure, or of the structure as it will appear after the work for which a permit is sought shall have been completed;

(3)

The existing and intended use of each building or structure of part thereof; the number of families or housekeeping units the building is designed to accommodate; and

(4)

When no buildings are involved, the location of the present use and proposed use to be made of the lot; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this article.

(b)

One copy of such application and plans shall be returned to the applicant when such plans shall have been approved by the zoning inspector, together with such zoning clearance permit as may be granted. All dimensions shown on these plans related to the location and size of the lot to be built upon, shall be based on actual survey. The lot and the location of the building hereon shall be staked out on the ground before construction is started.

(Ord. No. 256(A), art. IX, § 91(b), 1-22-1981)

In every case where the lot is not provided and is not proposed to be provided with public water supply or the disposal of sanitary wastes by means of public sewers, the application shall be accompanied by certificate of approval by the zoning inspector of the proposed method of water supply or disposal of sanitary wastes and proof of conformance to state and federal public health and water pollution codes.

(Ord. No. 256(A), art. IX, § 91(c), 1-22-1981)

It is unlawful for any owner, lessee or tenant to use or to permit the use of any structure, building or land, or part thereof, created, erected, changed, converted or enlarged, wholly or partly, until a zoning clearance permit shall have been issued by the zoning inspector. Such zoning permit shall show that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this article. It shall be the duty of the zoning inspector to issue a zoning clearance permit, provided he is satisfied that the structure, building or premises, and the proposed use thereof, and the proposed methods of water supply and disposal of sanitary wastes, conform with all the requirements of this article.

(Ord. No. 256(A), art. IX, § 91(d), 1-22-1981)

All applications for zoning clearance permits shall be accompanied by a plat drawn to scale, showing the actual dimensions of the lots to be built upon, the size and location of the building to be erected and such other information as may be necessary to provide for the enforcement of these regulations. No zoning clearance permit shall be issued until a fee as provided in the city fee schedule shall have been paid.

(Ord. No. 256(A), art. IX, § 91(e), 1-22-1981)

It is unlawful for any owner, lessee or tenant to occupy any structure, building or land, or part thereof, hereafter erected, created, changed, converted or enlarged until an endorsement of the certificate of occupancy shall have been accomplished by the zoning inspector after inspection. Such certificate of occupancy shall show and certify that such building, structure or premises has been constructed, altered or improved in compliance with the provisions of this article, and all other applicable codes or ordinances and all conditions and requirements, if any, stipulated by the zoning board of adjustment or other proper authority.

(Ord. No. 256(A), art. IX, § 91(f), 1-22-1981)

The zoning inspector shall act upon all such applications on which he is authorized to act by the provisions of this article within 30 days after they are filed in full compliance with all the applicable requirements. He shall either issue a zoning clearance permit within the 30 days or shall notify the applicant in writing of his refusal of such certificate and the reasons therefor. Failure to notify the applicant in case of such refusal within the 30 days shall entitle the applicant to a zoning clearance permit unless the applicant consents to an extension of time.

(Ord. No. 256(A), art. IX, § 91(g), 1-22-1981)

(a)

Appointment. A zoning board of adjustment is created. The board shall consist of five members appointed by the mayor and approved by the board of aldermen, each to be appointed for a term of five years, excepting that when the board shall first be created, one member shall be appointed for a term of five years, one for a term of two years, and one for a term of one year. Members shall be removable for cause by the mayor and the board of aldermen upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(b)

Procedure. The zoning board of adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Each session of the zoning board of adjustment, at which an appeal is to be heard, shall be a public meeting with public notice of the meeting and business to be carried or published in a newspaper of general circulation in the city, at least one time seven days prior to the meeting.

(c)

Appeals. An appeal may be taken to the zoning board of adjustment by any person, group or organization, public or private, affected by a decision of the zoning inspector. Such appeal shall be taken within such time as prescribed by the board by general rule, by filing with the zoning inspector, a notice of appeal specifying the grounds thereof. The zoning inspector shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(d)

Powers. The zoning board of adjustment shall have the following powers subject to appeals to the county district court within 30 days after filing of the decision in the office of the board:

(1)

Decide appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the zoning inspector in the enforcement of this article, and may affirm or reverse, in whole or part, the decision of the enforcement officer.

(2)

Hear variances. To hear requests for variances from the literal provisions of city zoning regulations in instances where strict enforcement of city zoning regulations would cause undue hardship due to circumstances unique to the individual property under consideration and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of city zoning regulations. The zoning board of adjustment shall not permit, as a variance, any use in a district that is not permitted under this article. The zoning board of adjustment may impose conditions in the granting of variance to insure compliance to protect adjacent property.

(3)

Hold public hearings. To hold public hearings on, and decide the exceptions to or variations of this article.

(4)

Permit extensions. To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of this article.

(5)

Interpret chapter. To interpret the provisions of this article in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning district map where the street layout on the ground varies from the street layout as shown on this map.

(6)

Permit reconstruction. To permit reconstruction of a nonconforming building otherwise prohibited by section 44-26(2)b. where such action would not constitute continuation of a monopoly.

(7)

Yard variances. To vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition when related to the yard regulations of this article would prevent a reasonable or sensible arrangement of buildings on the lot.

(8)

Parking variances. To vary the parking regulations by not more than 50 percent where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this article, or where it can be conclusively shown that adequate off-street parking to serve a particular use has been provided by or is controlled by the municipality.

(Ord. No. 256(A), art. IX, § 92, 1-22-1981)

Whenever the public necessity, convenience, general welfare or good zoning practice require, the board of aldermen may by ordinance, after recommendation thereon by the city planning and zoning commission and subject to the procedure provided in this chapter, amend, supplement or change the regulations, district boundaries or classifications of property in this chapter.

(Ord. No. 256(A), art. XI, § 111, 1-22-1981)

(a)

Applications for any change of district boundaries or classifications or property as shown on the zoning map, and for regulation amendments, shall be submitted to the planning and zoning commission, at its public office, upon such forms, and all shall be accompanied by such data and information, as may be prescribed for that purpose by the commission, so as to assure the fullest practicable presentation of facts for the permanent record. Such data shall include in any event a plat or map drawn to a scale of not less than 200 feet to the inch showing the land in question, its locations, the length and location of each boundary thereof, the location of properties within 300 feet of such land.

(b)

Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application. Applications for amendments or district changes initiated by the commission itself shall be accompanied by its own motion pertaining to such proposed amendment.

(Ord. No. 256(A), art. XI, § 112(a), 1-22-1981)

Any person or persons desiring a change in the zoning classification of property shall file with the application for such change a statement giving the names and addresses of the owners of all properties lying within 300 feet of any part of the exterior boundaries of the premises the zoning classification of which is proposed to be changed.

(Ord. No. 256(A), art. XI, § 112(b), 1-22-1981)

(a)

It is the duty of the planning and zoning commission to submit its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification or change may be initiated by the commission on its own motion or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed or affected by this chapter.

(b)

Before submitting its recommendations to the board of aldermen, the planning and zoning commission shall hold at least one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the city at least 15 days before the date of such hearing. After hearing, the commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application be denied. These recommendations shall then be certified to the board of aldermen.

(Ord. No. 256(A), art. XI, § 113, 1-22-1981)

(a)

Hearing. After receiving from the commission the certification of the recommendations on the proposed amendment of supplement, and before adoption of such amendment, the board shall hold a public hearing thereon, at least 15 days' notice of the time and place of which shall be given by publication in a newspaper of general circulation in the city.

(b)

Board of aldermen; final action. After reviewing the recommendations of the planning and zoning commission thereon, the board of aldermen shall consider such recommendations and vote on the passage of the proposed amendment to the text of this article or the zoning map. The board of aldermen may overrule the recommendations of the commission by three-fourths vote of the full membership of the board of aldermen.

(Ord. No. 256(A), art. XI, § 114, 1-22-1981; Ord. No. 608, § 2, 6-13-1995)

If the board of aldermen has taken under advisement a change or amendment of the zoning map from a less restricted district to a more restricted district classification, as evidenced by resolution of record, no zoning certificate or building permit shall be issued within 60 days from the date of such resolution which would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated redistricting plan.

(Ord. No. 256(A), art. XI, § 115, 1-22-1981)