The administration of this article is vested in:

(1)

The office of the zoning officer;

(2)

The zoning board of appeals;

(3)

The planning commission;

(4)

The city council.

(Code 2012, § 17.84.010; Ord. of 9-28-1966, § 12(A))

The zoning officer shall enforce this chapter and in furtherance of his authority shall:

(1)

Determine conformance of applications for zoning certificates with regulations of this chapter;

(2)

Issue all zoning certificates, following approval as required in this chapter, and maintain records thereof;

(3)

Issue all certificates of occupancy, and maintain records thereof;

(4)

Conduct inspections of buildings, structures, and uses of land to determine compliance with the terms of this chapter;

(5)

Maintain permanent and current records of the administration and enforcement of this chapter, including, but not limited to, all maps, amendments, variations, appeals and applications therefor and records of hearing thereon, and designate on the zoning district map each amendment thereto;

(6)

Decide or make recommendations on all other matters under this chapter, upon which the zoning officer is required to act;

(7)

Receive from the city clerk all notices of petitions for appeals, variations, amendments, and conditionally permitted use permits;

(8)

Provide and maintain public information facilities relative to all matters pertaining to this chapter.

(Code 2012, § 17.84.020; Ord. of 9-28-1966, § 12(B))

The zoning board of appeals of the city is created in accordance with state statutes.

(Code 2012, § 17.84.030; Ord. of 9-28-1966, § 12(F)(1))

The mayor shall appoint a zoning board of appeals consisting of seven members which shall be confirmed by a majority vote of the members of the city council present and voting thereon. The members appointed shall serve respectively for the following terms: One for one year, one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven years; the successor to each member so appointed shall serve for a term of five years. One of the members so appointed shall be named as chairperson at the time of his appointment, and in case of vacancy, the mayor shall designate a chairperson who shall be confirmed by a majority vote of the city council present and voting thereon. The mayor shall have the power to remove any member of the zoning board of appeals for cause after public hearing. Vacancies on the zoning board of appeals shall be filled for the unexpired term of the member whose place has become vacant in the manner provided in this section for the appointment of such new member.

(Code 2012, § 17.84.040; Ord. of 9-28-1966, § 12(F)(2))

The zoning board of appeals is vested with the following jurisdiction and authority:

(1)

To hear and decide an appeal from any order, requirement, decision, or determination made by the zoning officer or other authorized official of the city having jurisdiction under this chapter;

(2)

To hear application for variations from the terms provided in this chapter in the manner and subject to the standards set forth in article XXVIII of this chapter;

(3)

To hear and decide upon all matters referred to it or upon which it is required to pass under this chapter in accordance with applicable state statutes.

(Code 2012, § 17.84.050; Ord. of 9-28-1966, § 12(F)(3))

All meetings of the zoning board of appeals shall be held at the call of the chairperson and at such times and places within the city as the zoning board of appeals may determine. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the zoning board of appeals shall be open to the public. The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. The concurring vote of four members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision, or determination of the zoning officer or to decide in favor of the applicant on any matter on which it is authorized by this article to render a decision. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the zoning board of appeals shall immediately be filed in the office of the zoning board of appeals and shall be a public record. In the performance of its duties, the zoning board of appeals may incur such expenditures as shall be authorized by the city council.

(Code 2012, § 17.84.060; Ord. of 9-28-1966, § 12(F)(4))

The planning commission shall have the following duties under this division:

(1)

Submit an opinion report on applications for variations when such a report is requested by the zoning board of appeals;

(2)

Receive copies of all applications for amendments and for conditionally permitted uses and hold public hearings thereon;

(3)

Initiate, direct and review, from time to time, a study of the provisions of the text and the map comprising this chapter and make reports of its recommendations. to the city council not less frequently than annually.

(Code 2012, § 17.84.070; Ord. of 9-28-1966, § 12(K))

Editor's note— Ord. No. 4618, § 7, adopted March 4, 2024, repealed § 48-2278, which pertained to compensation and derived from Code 2012, § 17.84.080; Ord. No. 3102, § 1, adopted May 11, 1998.

The members of the planning commission will be paid on a biannual basis.

(Code 2012, § 17.84.090; Ord. No. 3102, § 2, 5-11-1998)