(2011 Code, § 34.0502) (Ord. 2373, passed 4-20-2020; Ord. 2453, passed 10-21-2024)

   (A)    This chapter shall be enforced by the Zoning Administrator. The Zoning Administrator shall be appointed by the City Administrator. The Zoning Administrator shall have the following powers and duties:

      (1)   To issue all zoning permits, certificates of zoning compliance and provisional use permits required by this chapter;

      (2)   To cause any building, structure, land, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein in violation of an provision of this chapter;

      (3)   To act as advisor to the Planning and Zoning Commission, City Council and Zoning Board of Adjustment and carry out and enforce any decisions or determinations of said bodies; and

      (4)   To develop the application forms and administrative requirements for compliance with the provisions of this chapter. Said forms and administrative requirements shall be approved by motion of the City Council.

   (B)   It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator. The Zoning Administrator shall make a determination as to how all land uses and structures are classified. Unless a use is specifically listed as permitted, it is prohibited. Any questions of interpretation and enforcement shall be presented to the Zoning Board of Adjustment only on appeal from the decision of the Zoning Administrator.

   (C)   If the Board shall find that the ordinance does not reasonably provide for a proper classification of the subject use, then the Board shall forward its findings to the City Council and the Planning and Zoning Commission, with a recommendation for amendment of the ordinance to provide for proper classification and to designate the zoning district(s) in which such use may be located.

(2011 Code, § 34.0503) (Ord. 2373, passed 4-20-2020)

            1.   The Planning and Zoning Commission, as created by the City Council;

            2.   A resident and/or property owner within the city; or

            3.   The Zoning Administrator.

            1.   The Planning and Zoning Commission, as created by the City Council;

            2.   The property owners of 20% or more of the area involved in the petition presented to the city; or

            3.   The Zoning Administrator.

            1.   The particular physical surrounding, shape or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or loss of revenue if the strict letter of the regulations were carried out;

            2.   The conditions upon which the requested variance is based would not be applicable, generally, to other property within the same zoning classification;

            3.   The alleged difficulty or hardship has not been created by any person presently having an interest in the property;

            4.   The granting of the variance will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;

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

            6.   The proposed variance complies with the spirit and intent of the restrictions imposed by this chapter.

         (a)   Nature and purpose. The formulation and enactment of comprehensive zoning regulations is based on the division of the entire city into districts, in each of which are permitted specified uses that are mutually compatible. In addition to such permitted compatible uses, however, it is recognized that there are other uses, which it may be necessary or desirable to allow in a given district, but which, because of their potential influence upon neighboring uses or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this chapter as conditional uses and may include the following:

            1.   Uses either municipally operated or operated by publicly regulated utilities, or uses traditionally affected by public interest;

            2.   Uses entirely private in character which, because of their peculiar locational need, the nature of the service they offer to the public and their possible damaging influence on the neighborhood may have to be established in a district in which they cannot reasonably be allowed as an unrestricted permitted use under the zoning regulations;

            3.   Non-conforming uses which as conditional uses can be made more compatible with their surroundings; and

            4.   Uses of a temporary nature, serving a particular need within definable time limits.

            1.   Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;

            2.   Is so designed located, and proposed to be operated that it is compatible with its surroundings;

            3.   Will not cause substantial injury to the value of the other property in the neighborhood in which it is to be located; and

            4.   Shall conform to the applicable regulations of, and be compatible with the essential character of the district in which it is located.

         (e)   Conditions imposed upon grant. The Zoning Board of Adjustment may provide such conditions or restrictions upon the construction, location, and operation of a conditional use, including, but not limited to, provisions for the protection of adjacent property, the expiration of such conditional use after a specified period of time, off-street parking and loading, as shall be deemed necessary to secure the general objectives of this chapter and to reduce injury to the value of property in the neighborhood.

(2011 Code, § 34.0504) (Ord. 2373, passed 4-20-2020; Ord. 2411, passed 4-4-2022; Ord. 2453, passed 10-21-2024)

   (C)   Staying of work on premises. When an appeal from the decision of the zoning administrator has been taken and filed with the Board of Adjustment, all proceedings and work on the premises concerning which the decision was made shall be stayed unless the Zoning Administrator shall certify to the Board that, by reasons of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case a proceeding or work shall not be stayed, except by a restraining order which may be granted by the Board of Adjustment or by the district court of the county, on application, on notice to the Zoning Administrator and the owner of the premises affected and on due cause shown. After the owner, or owner’s agents, or persons or a corporation in charge of the work on the premises affected have received notice that an appeal has been filed with the Board of Adjustment, the Zoning Administrator shall have full power to order such work discontinued or stayed and to call upon the police power of the city to give full force and effect to the order.

(2011 Code, § 34.0505) (Ord. 2373, passed 4-20-2020)

   (A)   Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall have committed a simple misdemeanor punishable by a fine of at least $65 but not to exceed $625. Each day such a violation or failure to comply is permitted to exist after notification thereof shall constitute a separate offense.

(2011 Code, § 34.0506.1)

   (B)   Violations of the provisions of §§ 158.045 through 158.072 of this chapter or failure to comply with any of the requirements shall constitute a simple misdemeanor punishable by a fine of at least $65 but not to exceed $625. Each day such a violation or failure to comply is permitted to exist after notification there of shall constitute a separate offense. Nothing herein contained prevent the city from taking such other lawful action as is necessary to prevent or remedy violation.

(2011 Code, § 34.04050.29) (Ord. 2320, passed 1-3-2018)