Nothing herein shall require any change in the plans, construction or designated use of a structure for which a valid permit has been issued prior to January 1, 2012, provided such construction shall have been started within two years following the date of issuance of such permit and work thereon is diligently prosecuted to completion.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

Except as otherwise provided in this chapter, the designated enforcement officer for the city shall administer and enforce this chapter, the inspection of premises as defined by this chapter, and the issuing of citations for violations.

(b)

The enforcement officer shall not issue a zoning compliance letter unless the provisions of this chapter have been complied with.

(c)

All applications for permits shall be in accordance with the requirements of this chapter, all ordinances of the city, and the building code of the city. Except upon written order of the board, no building permit or zoning compliance letter shall be issued for any property or building where such construction, addition, alteration or use thereof would be in violation of the provisions of this chapter.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

The enforcement officer shall order work stopped on any building or structure being constructed or operated in violation of this chapter. Any building permit issued shall be revoked by notice in writing served on any person owning the property, their agent, or any employee, or any officer of any corporation or on any person engaged in the doing or causing of such work to be done, and any such person shall stop all work until authorized by the enforcement officer. A building permit shall be posted on work being done in violation of this chapter.

(b)

Whenever any building or portion thereof is being used or occupied contrary to the provisions of this chapter, the enforcement officer shall order such use or occupancy to be discontinued. Any occupants shall vacate such building or portion thereof within ten days after receipt of such notice, or make the building or portion thereof comply with the requirements of this chapter.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

A landowner may request a zoning compliance letter to determine new construction and the use of existing and new structures or a use of land complies with the terms of these regulations.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

An application for a zoning compliance letter may be filed in the office of the enforcement officer on forms provided by the enforcement officer. Upon renew, a zoning compliance letter shall be issued stating whether the proposed use of the land complies with the provisions of this chapter. A permanent record of all permit requests shall be kept on file at City Hall, a copy in the office of the enforcement officer, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. Compliance with all city regulations shall be required regardless of a zoning compliance letter.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

No vacant land shall be occupied or used, and no building erected, reconstructed, altered, or enlarged, shall be occupied, used or change its use or occupancy until a zoning compliance letter shall have been issued by the enforcement officer stating that the building or proposed use of the building or premises complies with the provisions of this chapter.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

A zoning compliance letter shall not be required but may be applied and issued for legal nonconforming uses, lots, or structures. In the event of any subsequent application, building permit, or any change in occupancy, the enforcement officer may require other evidence that the nonconforming use, lot, or structure legally existed prior to the effective date such property became subject to the terms of these regulations.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

No public utilities under the city's direction and control shall be connected to such building or structure until zoning compliance letter has been approved required by this chapter has been granted.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

The council, commission, a property owner, or authorized representative may initiate a request to amend, supplement, change, modify or repeal the regulations, restrictions, and boundaries.

(1)

Public hearings before the commission. The commission shall make a preliminary report and hold public hearings on any request, before submitting its final report to council.

(2)

Notice of public hearings before commission.

a.

Written notice of all public hearings before the commission on proposed changes in classification shall be mailed to owners of real property as shown within 500 feet of the property on which the change in classification is proposed, not less than ten days before the date set for hearing, on the last approved city tax roll. Such notice may be served by depositing the letters, properly addressed and postage paid, in the U.S. Mail.

b.

Notice of the time and place of such hearing shall be published once in a newspaper of general circulation in the city, a minimum of 16 days before the hearing.

c.

For a change of this chapter not involving particular property but involving a change in the chapter generally, notice of such hearing shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearing, which time shall not be earlier than 16 days from the day of such publication.

(3)

Submission of findings and recommendations to council. The commission shall forward its written findings of fact and recommendations to council.

(4)

Public hearing before council.

a.

Upon receipt of a final report from the commission, a public hearing shall be held by the council.

b.

Notice of such hearing shall be given by publication once in a newspaper of general circulation on the city stating the time and place of such hearing, which time shall not be earlier than 16 days from the day of such publication.

(5)

Council actions. The council shall consider such motion or petition within 30 days from the date the final report of the commission was submitted to the council.

(6)

Protests.

a.

A written protest may be filed with the enforcement officer and signed by the owners of 20 percent or more of either:

1.

The area of lots or land covered by the proposed change; or

2.

The area of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

3.

Streets and alleys shall be included when computing the area of land from which a protest may be filed.

b.

Such amendment, supplement, change, modification, or repeal shall not become effective except by the favorable vote of three-fourths of all the members of the council.

(7)

Vote to overrule. The affirmative vote of at least three-fourths of the council is required to overrule a recommendation of the commission that a proposed change to these regulations or district boundary be denied.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

All written requests shall be accompanied by a filing fee sufficient to offset all costs of publication and notice required by statute or ordinance but in no event less than the amount established by the council and listed in Appendix A.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

Application for special exceptions. All applications for special exception to the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds therefore. Each such application shall be filed, along with the appropriate fees, with the enforcement officer who after investigation shall transmit such application together with his report to the board within ten days after the filing of the application with the enforcement officer.

(b)

Special exceptions to be reviewed; finding of facts. The term "special exception" is a deviation from the requirements of this chapter, which shall be granted only as specifically enumerated and when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest:

(c)

Special exceptions authorized as follows.

(1)

To deviate yard requirements in the following circumstances:

a.

Any exception from the front yard requirements where the actual front yard setback of any abutting lot does not meet the front yard requirement. The setback shall not exceed the reduction of the setback in the abutting yard.

b.

A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. The setback shall not exceed the reduction of the setback in the abutting yard.

c.

A yard exception on corner lots.

d.

An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for buildings hereafter constructed or extended, be the required minimum front yard depth.

(2)

To waive or reduce off-street parking and loading requirements when the board finds the same are excessive for the proposed use of the building or structure for which the special exception request applies.

(d)

Hearings on applications for special exceptions. The board shall fix a reasonable time for the hearing of all applications for special exceptions, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time as specified in section 78-84. Any party may appear in person or by agent or by attorney.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

Application for variances. All applications for a variance from the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds thereof. Each such application shall be filed, along with the appropriate fees, with the enforcement officer, who after investigation shall transmit the application together with his report to the board.

(b)

Findings of fact/definition of hardship.

(1)

The term "variance" shall mean a deviation from the literal provisions of this chapter that is granted by the board when strict conformity to this chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted.

(2)

Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement of this chapter when the board finds that all of the following conditions have been met:

a.

That the granting of the variance will not be contrary to the public interest;

b.

That literal enforcement of this chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and

c.

That by granting the variance, the spirit of this chapter will be observed.

(c)

The applicant shall have the burden of proving to the board that the foregoing conditions have been met.

(d)

Use variance prohibited. No variance shall be granted to permit a use in a zoning district in which that use is prohibited.

(e)

Hearings on applications for variances. The board shall fix a reasonable time for the hearing of all applications for variances, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time, as specified in section 78-84. Upon the hearing any party may appear in person or by agent or by attorney.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

Appeal form filed. The appellant shall secure from and file with the board and the enforcement officer an appeals form specifying the grounds for the appeal. Every appeal shall be filed not more than ten days after the date of the decision of the code enforcement officer.

(b)

Filing fee. A filing fee shall accompany each appeal to the board to help defray the administrative and processing costs.

(c)

Withdrawing of appeals. An appeal may be withdrawn upon written notice to the chair of the board. However, no appeal may be withdrawn without the express approval of all members of the board after notice of a public hearing has been posted.

(d)

Successive appeals. No appeal may be refiled after having previously been rejected or disapproved unless board determines that new and substantive evidence materially changes the basis for the appeal.

(e)

Responsibility of the enforcement officer. Upon receiving the notice for an appeal, the enforcement officer shall immediately transmit all papers and pertinent materials, along with the appeals form to the chair of the board of adjustment.

(f)

Effect of an appeal. An appeal from a decision of the enforcement officer stays all proceedings in furtherance of the action appealed from unless the enforcement officer certifies in writing to the chair of the board that such a stay would cause imminent peril to life or property. In such a case, the proceedings will be stayed only by a restraining order issued by a competent court of record.

(g)

Public notification and hearing. Notice of an appeal shall be given by means of a written notice mailed to the parties in interest not less than ten days prior to the public hearing. Additionally, notice shall be printed in a paper of general circulation not less than 15 days prior to the public hearing.

(h)

Representations. A party appearing before the board may appear on their own behalf or may be represented by an attorney or other agent.

(i)

Records of appeals. The board shall keep minutes of its proceedings showing the vote of each member upon each question or the fact that a member was absent or otherwise failed to vote. Every ruling made by the board shall be accompanied by a written finding of fact based on the testimony adduced at the hearing and the record shall specify the reason(s) for the decision of the board. All records pertaining to appeals to the board will be kept in the office of the city secretary and will be open to the public.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

The board is empowered to impose upon any variance, special exception, or appeal any condition reasonably necessary to protect the public interest and community welfare.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

Notice of public hearings shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearings, which shall not be earlier than ten days from the date of such publication. In addition, the city shall mail notice of such hearing to the petitioner and to all owners of property lying within 500 feet of any point of the lot or portion thereof, and to all other persons deemed to be affected. Notice may be served by depositing addressed and postage paid, in the city post office. Such notice shall be deemed to have been duly given by depositing same in the U.S. Mail, properly addressed, with first class postage prepaid.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the enforcement officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variance in this chapter.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

An action of the board may be revoked or modified by the board for any of the following reasons:

(1)

The variance or special exception was obtained or extended by fraud or deception.

(2)

That one or more of the conditions imposed by the board in granting its approval has not been complied with or has been violated.

(b)

The board shall only consider a revocation or modification based on a written report from the enforcement officer stating findings of fact. Four concurring votes are necessary for revocation or modification.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

No application for a variance, special exception, or appeal that has been denied shall be filed again earlier than one year from the date of original denial absent a change in circumstances affecting the land.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

A conditional use permit allows the city to consider special uses which may be essential or desirable to a particular district, but which are not allowed as a matter of right within a zoning district, through a public hearing process. Conditional uses, if any, are listed in each zoning district in this chapter. Another purpose of the conditional use permit is to enable the city to control certain uses which could have detrimental effects on the district.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

A conditional use permit may be granted by the council for the construction of a building and/or the establishment of a use as described in the district regulations, upon a tract of land in single ownership or under unified control.

(b)

Upon application for a conditional use permit and submission, if required, of a preliminary plat, the commission shall conduct a public hearing, duly advertised and with proper notice being given to all parties affected, as required by this chapter. Plat shall be drawn to a scale of one-inch equals 100 feet.

(c)

After public hearing and upon recommendation of the commission, the council may modify the final site plan containing such requirements and safeguards as are necessary to protect adjoining property.

(d)

Failure to begin construction within one year after issuance or as scheduled under the terms of a conditional use permit shall void the permit as approved, unless an extension of time is granted by the commission.

(e)

If construction is terminated after the completion of any stage and there is ample evidence that further development is not contemplated, the division establishing such conditional use permit may be rescinded by the council, upon its own motion or upon the recommendation of the commission of the city, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.

(f)

Every conditional use permit granted as provided herein shall be considered as an amendment to the zoning ordinance as applicable to such property.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

A conditional use permit shall be issued only if all of the following conditions have been found:

(1)

That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity.

(2)

That the conditions placed on such use as specified in each district have been met by the applicant.

(3)

That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

The procedure for amendments for a conditional use permit shall be the same as for a new application.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

Any person desiring to improve property shall submit to the commission a site plan showing the land area and indicating the location and dimensions of existing and proposed buildings and parking lots, location of easements crossing the property, any and all encroachments, and other information which may be necessary to ensure conformance to this chapter. In the case of residential construction, a site plan shall not be required when:

(1)

Construction is only for an accessory building of less than 200 square feet;

(2)

Construction is on lots or tracts that have been surveyed by a registered surveyor, and all property corners are permanently marked and visible; or

(3)

Construction consists of the modification of an existing residential structure.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

Not more than one principal building shall be located on a lot.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

Any building, structure, land, or use of building, structure, land existing at the time of the passage of this chapter that does not conform to the regulations prescribed in this chapter shall be deemed nonconforming.

(b)

Conforming use does not change to nonconforming use if adjacent property subsequently changes zoning classification. A use that conforms to the zoning regulations on the effective date of this zoning ordinance at the time of initial development of the site shall not subsequently be deemed a nonconforming use solely because the use changes on an adjoining property.

(c)

Accessory use of structure. No structure that is accessory to a principal nonconforming use or a nonconforming structure shall continue after such principal use or structure has been terminated, removed or otherwise brought into compliance, unless it complies with all of the regulations of the district in which it is located.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

Limitation on regulation. No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a nonconforming structure solely for a failure to comply with provisions relating to article IV, division 1, Accessory buildings, uses, and equipment, of this chapter.

(b)

Continuance of nonconforming structures. Subject to all limitations herein set forth, any nonconforming structure may be occupied and operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged unless the enlargement is made in accordance with the provisions of subsection 78-132(e)(2) of this chapter.

(c)

Accidental damage to structure. If a building occupied by nonconforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt unless it conforms with the provisions of this chapter. In the case of partial destruction by fire or other causes, not exceeding 50 percent of its value, as determined by a licensed appraiser, the enforcement officer of the city may issue a permit for reconstruction. If greater than 50 percent and less than total, the board may grant as a special exception a permit for repairs but not for enlargement or reconstruction of the building.

(d)

Obsolescence of structure. The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes substandard under the codes and ordinances of the city, and the cost of placing such structure in lawful compliance with the applicable ordinances exceeds 50 percent of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the enforcement officer determines that such structure is obsolete or substandard. The enforcement officer of the city shall notify the owner of such nonconforming structure, as shown on the certified tax rolls of the city, as to the date of termination of the right to operate and maintain such nonconforming structure, and as to the procedure to be followed to bring such structure into compliance with this chapter, or other codes and ordinances of the city. The burden of proof in showing that the structure's repair cost does not exceed 50 percent of the replacement cost of such structure rests upon the owner of such structure.

(e)

Determination of replacement cost. In determining the replacement cost of any nonconforming structure, the cost of land or any factors other than the nonconforming structure itself, shall not be included.

(1)

Repairs and alterations. Repairs and alterations may be made to a nonconforming building or structure; provided, that no external alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use. No additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located.

(2)

Enlargement to nonconforming structure. A structure that is nonconforming may be altered, remodeled or otherwise improved, shall not be enlarged, unless the board determines (pursuant to section 78-82) that such enlargement will not result in an increase in the degree of nonconformity with the regulations and development standards of the district in which it is located.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

Continuance of nonconforming uses subject to this chapter. Any nonconforming use may be continued in operation on the same land area or on the same floor in a structure or structures which were occupied by the nonconforming use on the effective date of this chapter, provided that such land area or floor area shall not be increased.

(b)

Changing a nonconforming use. Any nonconforming use or structure may be changed to a use conforming to the regulations established in this chapter for the district in which the nonconforming use or structure is located, or the nonconforming use or structure may be changed to a use or structure more conforming to the zoning district in which the nonconforming use or structure is located. For purposes of this section, the term "more conforming to the zoning district in which the nonconforming use or structure is located" shall mean a less intense use. Whether or not a use is more conforming to the zoning district in which the nonconforming use or structure is located is a question to be determined by the enforcement officer, subject to appeal as provided in this division. A nonconforming use or structure so changed shall not thereafter be returned to a nonconforming use or structure.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

A nonconforming use shall be deemed abandoned when the use ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The nonconforming use, when abandoned, shall not resume.

(b)

A nonconforming structure shall be deemed abandoned when the structure ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The use of the nonconforming structure, when abandoned, shall not resume.

(c)

When it has been determined by the enforcement officer that a nonconforming use or structure has been abandoned, notification shall be made by certified mail to the owner (as shown on the certified tax rolls) of the abandoned nonconforming use or structure. The owner or his representative seeking to maintain such nonconforming use or structure may appeal the enforcement officer's decision to the board. The property owner or his representative seeking to maintain the existing nonconforming structure shall have the burden of proving to the board in such appeal that the structure or use has not been abandoned for a period of 180 consecutive calendar days, and that the owner or his representative did not intend to abandon the nonconforming structure or use during said 180-day period.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

The burden of establishing that a nonconforming use or nonconforming structure lawfully exists under this chapter shall, in all cases, be the burden of the owner.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

Continuance of nonconforming lots of record. Subject to all limitations herein set forth, any nonconforming lot may continue without change in boundaries and may be utilized or developed provided that the uses and development are otherwise authorized as provided herein. No new structure shall be placed thereon except in conformity with the applicable controls of the district in which the lot is located. No new use or change in occupancy may be undertaken on nonconforming lots of record, unless said change in use or occupancy is first submitted to the enforcement officer for review. The enforcement officer shall review said proposed change in use or occupancy, for purposes of insuring maximum compliance with this division, taking into account the particular restraints imposed by the degree of nonconformity of said nonconforming lot of record. The director's review shall include, but not be limited to parking, loading, vehicular access, landscaping, setbacks, utility availability, and other requirements as imposed by this division. Decisions of the enforcement officer made pursuant to provisions contained in this section are subject to appeal to the board of adjustment as provided in section 78-83 of this chapter.

(b)

Discontinuance of nonconforming lots of record. Any lot which is made conforming by combining with other lots for purpose of sale or development, by development, or by subdividing, thereafter shall be recognized as a conforming lot and shall comply in full with the provisions of these regulations; provided however, that a nonconforming lot of record that is made conforming shall not thereafter be changed back to a nonconforming lot.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)