(B)   The specific duties of the Zoning Officer shall include:

      (1)   Providing zoning information upon request;

      (2)   Receiving applications for building and occupancy permits, reviewing such applications to determine if they comply with ordinance provisions, and issuing or denying permits;

      (3)   Receiving applications for special use permits, variances, amendments and appeals, referring such applications to the appropriate public body, notifying affected property owners of the required public hearings and publishing notice of such hearing;

      (4)   Conducting inspections of proposed building sites to determine that the location of the proposed improvement conforms to plans and specifications attached to the application for a building permit; to determine that the building site has been staked out prior to excavation and is in compliance with all setback requirements and district lot regulations; and to inspect all excavations to determine they are in compliance with the application for the building permit and all setback requirements and district lot regulations. No person shall commence excavation for any improvement until the Zoning Officer has inspected the site as staked out. No person shall commence construction until the Zoning Officer has inspected the excavated site and determined that it is in compliance with the plans and specifications attached to the application for the building permit, all setback requirements and district lot regulations;

      (5)   Investigating violations; and

      (6)   Keeping the zoning map and text up to date.

(1974 Code, § 9-13-1) (Ord. 501, passed 10-24-1967; Ord. 3-93-8, passed 3-23-1993)

      (1)   Interior remodeling;

      (2)   Exterior construction or reconstruction of a building where there is no structural alteration or change in exterior configuration; and

      (3)   Public utility structures.

      (1)   A $25 dollar fee for any building permit plus the sum of $1 for each thousand with maximum of $250 dollars; and

      (2)   A $25 fee for a demolition permit plus a $1 for each thousand dollars of demolition cost, with a maximum fee of $250 dollars.

      (1)   Boundary survey of an area including the property in question and 100 feet beyond its outer boundaries showing existing utilities, lot boundaries and dimensions, buildings and easements. Foliate, topography, waterways and soil borings to be included if pertinent; and

      (2)   Plot plan indicating location, size and placement of proposed structure and yards, parking and loading facilities, vehicular access and egress and utility plan including surface drainage.

      (1)   The property owner or his or her agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures and obtain an application form;

      (2)   The applicant shall file the completed application form together with the required exhibits with the Zoning Officer; and

      (3)   The Zoning Officer shall issue a building permit and collect the required permit fee if the proposed project complies with the provisions of this title and other relevant municipal ordinances.

(1974 Code, § 9-13-2) (Ord. 501, passed 10-24-1967; Ord. 565, passed 3-25-1975; Ord. 681, passed 5-10-1983; Ord. 6-89-3, passed 6-27-1989; Ord. 2024-11-04, passed 11-26-2024)

      (1)   A Board of Zoning Appeals is hereby established, vested with such administrative authority as hereinafter provided or as provided by state law. Such Board shall consist of five residents of the city appointed by the City Council, which body shall also name one of the residents to serve as Chairperson of the Board of Appeals. Any member of the Board of Appeals may be removed by the City Council after holding a public hearing thereon.

      (2)   The Board of Zoning Appeals may designate a Secretary and such other officers as it deems necessary. Such Board shall adopt rules of procedure and keep minutes of its proceedings which minutes shall be of public record. All meetings of such Board shall be held at the call of its Chairperson and shall be open to the public. In the performance of its duties, the Board of Appeals may incur such expenditures as shall be authorized by the City Council.

   (B)   Duties. The duties of the Board of Zoning Appeals shall be:

      (1)   To hear and decide appeals from any decision of the Zoning Officer;

      (2)   To interpret the meaning of the ordinance in case of ambiguity and to make rulings with respect to the application of the ordinance; and

      (3)   To hold public hearings on applications for variance from the provisions of this title and to act upon such applications.

(1974 Code, § 9-13-3) (Ord. 501, passed 10-24-1967)

   (A)   To hold public hearings on applications for amendments to this title. The Commission shall not have the authority to make changes or amendments to this title; it shall act in a purely advisory manner to the City Council, making its recommendation in all cases referred to it; and transmitting them to such Council for final action; and

   (B)   To hold public hearing on applications for special use permits provided for within this title and to transmit its recommended actions to the City Council for final action.

(1974 Code, § 9-13-4) (Ord. 501, passed 10-24-1967)

   (B)   Application. Application for variances shall be accompanied by the boundary survey and plot plan as required for building permit applications, unless waived by the Board of Zoning Appeals.

   (C)   Procedures. The procedure for applying for a variance from the regulations of this title is as follows:

      (1)   The property owner or his or her agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures;

      (2)   The applicant shall file the completed application form, together with the required exhibits, with the Zoning Officer and shall pay a filing fee of $10 and shall also pay the costs of publication as required in division (C)(5) below;

      (3)   The Zoning Officer shall transmit the application to the Chairperson of the Board of Appeals and shall determine with such Chairperson the time and place of the required public hearing;

      (4)   The Zoning Officer shall give notice of the scheduled public hearing to all property owners within 250 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings;

      (5)   The Zoning Officer shall have notice of the scheduled public hearing published in the official municipal newspaper; and

      (6)   The Board of Zoning Appeals shall hold the public hearing within 45 days of filing and shall take one of three actions: approval; denial; or conditional approval.

   (D)   Standards for granting variances. The Board of Zoning Appeals may vary the regulations of this title when supporting evidence in each specific case indicates that:

      (1)   Because of the particular physical surroundings, shape or topographic conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

      (2)   The conditions upon which the petition for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to the other property within the same zoning classification;

      (3)   The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land;

      (4)   The alleged difficulty or hardship is caused by the provisions of this title and has not been created by any persons presently or formerly having an interest in the parcel of land;

      (5)   The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the parcel of land is located; and

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

(1974 Code, § 9-13-5) (Ord. 501, passed 10-24-1967; Ord. 680, passed 5-10-1983)

   (B)   Exhibits required. The following exhibits shall be required unless waived by the Planning Commission:

      (1)   The boundary survey and plot plan as required for building permit application; and

      (2)   Petition of property owners within 250 feet of property in question showing 50% of such owners favoring the proposal.

   (C)   Procedures. The procedure for obtaining a special use permit is as follows.

      (1)   The property owner or his or her agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures and obtain an application form.

      (2)   The applicant shall file the completed application form, together with the required exhibits, with the Zoning Officer, and shall pay a filing fee of $10, plus costs of publication as required in division (C)(4) below.

      (3)   The Zoning Officer shall transmit the application to the Planning Commission and shall give notice of the public hearing to all property owners within 250 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.

      (4)   The Zoning Officer shall have notice of the public hearing published in the official municipal newspaper.

      (5)   The Planning Commission shall hold the public hearing and shall study the application to determine possible adverse effects of the proposed special use and to determine what additional requirements may be necessary to reduce such adverse effects and within 45 days of filing shall recommend one of three actions: approval; denial; or conditional approval.

      (6)   The Planning Commission shall transmit its recommendations to the City Council for its official action.

      (7)   The City Council shall act on the application within 45 days after receiving the recommendations of the Planning Commission.

   (D)   Standards for granting special use permits.

      (1)   A special use permit may be granted by the City Council after demonstration by evidence that:

         (a)   The establishment and maintenance of operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

         (b)   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

         (c)   The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

         (d)   Adequate utilities, access roads, drainage and necessary facilities have been or will be provided;

         (e)   Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and

         (f)   The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

      (2)   The Planning Commission may recommend, and the City Council may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the requirements specified in this title.

   (E)   Revocation of special use permits.

      (1)   Where a special use permit has been issued pursuant to the provisions of this title, such permit shall be null and void without further action by the Planning Commission or the City Council, unless work thereon commences within one year of the date of granting such special use.

      (2)   A special use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than 12 consecutive months.

(1974 Code, § 9-13-6) (Ord. 501, passed 10-24-1967; Ord. 680, passed 5-10-1983)

   (B)   Kinds of amendments. An amendment to this title may be one of the following:

      (1)   A change in district’s boundary (rezoning);

      (2)   A change in a district’s regulations; or

      (3)   A change in any other provision of this title.

   (C)   Initiation of proceedings. Proceedings for amending this title shall be initiated by at least one of the following three methods:

      (1)   By petition of an owner or owners of property which is proposed to be rezoned, or for which district regulation changes are proposed;

      (2)   By recommendation of the Planning Commission; or

      (3)   By action of the City Council.

   (D)   Required exhibits for rezoning or district regulation changes.

      (1)   The boundary survey and plot plan as required for building permit application; and

      (2)   Petition of property owners within 250 feet of property in question showing 50% of such owners favoring rezoning.

   (E)   Procedure for rezoning or district regulation change. The procedure for a property owner to initiate a rezoning or district regulation change applying to his or her property is as follows.

      (1)   The property owner or his or her agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures and obtain an application form.

      (2)   The applicant shall file the completed application form, together with the required exhibits, with the Zoning Officer and shall pay a filing fee of $10, plus costs of publication as required in division (E)(4) below.

      (3)   The Zoning Officer shall transmit the application and required exhibits to the Planning Commission and shall give notice of the public hearing to the property owners within the affected zone and within 250 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.

      (4)   The Zoning Officer shall have notice of the required public hearing published in the official municipal newspaper.

      (5)   The Planning Commission shall hold the public hearing and shall, within 45 days of filing, recommend one of three actions: approval; denial; or conditional approval.

      (6)   The Planning Commission shall transmit its recommendation to the City Council for its official action.

      (7)   The City Council shall act upon the application within 45 days after receiving the recommendation of the Planning Commission.

(1974 Code, § 9-13-7) (Ord. 501, passed 10-24-1967; Ord. 680, passed 5-10-1983)

(1974 Code, § 9-13-8) (Ord. 680, passed 5-10-1983)