1.   General. This section establishes the duties and responsibilities for the Zoning Code Official and other officials and agencies, with respect to the administration of this code. The Zoning Code Official shall be referred to hereinafter as “the Code Official.”

   2.   Deputies. The Code Official may appoint such number of technical officers and other employees as may be necessary to carry out the functions of the code enforcement agency.

   3.   Reviews and Approvals. The Code Official shall be authorized to undertake reviews, make recommendations, and grant approvals as set forth in this code.

   4.   Comprehensive Plan. The Code Official shall assist the Commission in the development and implementation of the comprehensive plan.

   5.   Administrative Reviews and Permits.

      A.   Review of Building Permits. All applications for building permits shall be submitted to the Code Official for review and shall be approved prior to permit issuance. Each application shall include a set of building plans and all data necessary to show that the requirements of this code are met.

      B.   Site Plan Reviews. The Code Official shall receive all applications for site plan review and review for completeness and prepare submittals for review by the appropriate body.

      C.   Conditional Uses. The Code Official shall receive all applications for conditional use, review for completeness, and prepare submittals for review by the appropriate body.

      D.   Amendments. All requests for amendments or changes to the zoning text or map shall be submitted to the Code Official for processing.

      E.   Enforcement. The Code Official shall be empowered to take such steps as are necessary and permitted by law to enforce the provisions of this Code.

   6.   Interpretations. The interpretation and application of the provisions of this code shall be by the Code Official. The decision of the Code Official may be appealed to the Board of Adjustment, however, such appeal must be made within 30 days of a written decision. The Board of Adjustment will take formal action on appeals.

   7.   Liability. The Code Official, acting in good faith and without malice in the discharge of the duties described in this code, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the Code Official or other employee because such act or omission performed by the Code Official or employee in the enforcement of any provision of this code or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the enforcement agency shall be defended by the City until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the City. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the enforcement agency or the City be held as assuming any such liability by reason of the reviews or permits issued under this code.

   8.   Cooperation of Other Officials and Officers. The Code Official may request, and shall receive so far as is required in the discharge of the duties described in this code, the assistance and cooperation of other officials of the City.

   9.   Applicant Standing.

      A.   All applicants are presumed to be in good standing with the City and therefore have a right to submit applications in accordance with the processes and standards set forth in this chapter. However, the City Administrator has the authority to place any application, including (but not limited to) a rezoning application, a conditional use application, or a site plan application, on hold indefinitely or to withdraw any permit at any stage in the respective process by providing written notice of the same by regular mail, in the event the applicant has not fulfilled any significant obligations to the City with respect to current or previous development activities within the City. For the purposes of this section, “development activities” include activities and actions related to construction plans, developer’s agreements, plats, and preliminary and construction site plans.

      B.   For the purposes of this section, “applicant” means any individual, firm, corporation, association, partnership, limited liability company, or any other business entity or proprietor of land. Any individual person or business entity with a 5% interest or more in the ownership or development of any particular property, whether previously approved or currently proposed, is an “applicant” for the purpose of enforcement of this section.

      C.   In the event the City Administrator exercises the discretion and authority set forth in this section by placing an application on hold or withdrawing a permit, any applicant may appeal that decision to the Council within 10 days of the date of the notice. The Council shall hear and decide the appeal of the City Administrator’s decision within 30 days after the applicant provides written notice of appeal to the City Administrator. If the Council decides the appeal in favor of the applicant, the City Administrator shall immediately lift the administrative hold and ensure that the application is processed or the permit is reissued in accordance with the City’s ordinances, processes, and procedures.

   1.   General. This section addresses the duties and responsibilities of a Planning Commission, herein referred to as the “Commission,” and other officials and agencies with respect to the administration of this code.

   2.   Establishment of the Commission. The establishment of the Commission shall be in accordance with the policies and procedures as set forth in State law. The Commission shall consist of seven members. Additionally, one member of the Council may be appointed as liaison to the Commission. Such member shall have the right to attend all meetings and take part in all discussions, but shall not vote on Commission decisions.

   3.   Terms for Members. All appointments shall be for three years.

   4.   Selection of Members. All members shall be appointed by the Mayor, subject to the approval of the Council. The terms of office for the Commission members shall be staggered at intervals so as to provide continuity in policy and personnel. Members of the Commission shall be at least eighteen years of age and legal residents of the City. Any vacancy for the unexpired term of any member whose term is not completed shall be filled. A member shall continue to serve until a successor has been appointed and approved.

   5.   Chairperson Election and Rules Adoption. The Commission shall elect from its membership a Chairperson. It shall also establish and adopt rules for its organization and transaction of business and shall keep a public record of its proceedings.

   6.   Commission Secretary. A Secretary to assist the Commission shall be appointed by the City Administrator. The Secretary shall keep minutes of the Commission meetings for public record and conduct all correspondence, including the notification of decisions. The Secretary shall also certify records. The Secretary shall prepare and submit the minutes of Commission meetings to the Chairperson and the Commission.

   7.   Duties and Powers.

      A.   Comprehensive Plan. It shall be the duty of the Commission, after holding public hearings, to create and recommend to the Council a comprehensive plan for the physical development of its jurisdiction, which may include areas outside of the City’s boundaries which bear consideration to the planning of the jurisdiction. The Commission shall also recommend amendments to the comprehensive plan.

      B.   Zoning Code. It shall be the duty of the Commission to create, adopt, and recommend to the Council a zoning code, in accordance with the guidelines of the comprehensive plan, establishing zones within the jurisdiction. Such a code shall be made in regard to the character of each district and the most appropriate use of land within the City’s jurisdiction. The Commission shall make periodic reports and recommendations to the Council.

      C.   Division of Land Regulations. It shall be the duty of the Commission to create, adopt, and certify regulations governing the division of land. All divisions of land shall be in accordance with the adopted regulations.

      D.   Conditional Uses. It shall be the duty of the Commission to review and comment on conditional use applications. The application shall be accompanied by maps, drawings, or other documentation in support of the request. The granting of a conditional use shall not exempt the applicant from compliance with other relevant provisions of related ordinances.

   1.   General. This section addresses the duties and responsibilities of a Board of Adjustment, hereafter referred to as the “Board,” and other officials and agencies with respect to the administration of this code.

   2.   Establishment of the Board. The establishment of the Board shall be in accordance with the procedures and policies set forth in State law. The Board shall consist of five members. All members of the Board shall be at least eighteen years of age and legal residents of the City.         

   3.   Terms for Members. The terms of office for the members of the Board shall be staggered five-year terms as set forth in State law, such that only one regular term expires each year so as to provide continuity in policy and personnel.

   4.   Selection of Members. All members shall be appointed by the Mayor, subject to the approval of the Council. Any vacancy for an unexpired term shall be filled for the remainder of that term upon mayoral appointment and council approval of a successor member.

   5.   Chairperson Election and Rules Adoption. The Board shall elect from its membership a Chairperson. It shall also establish and adopt rules for its organization and the transaction of business and shall keep a public record of its proceeding.

   6.   Board Secretary. A Secretary to assist the Board shall be appointed by the City Administrator. The Secretary shall keep minutes of the Board meetings for public record and conduct all correspondence, including the notification of decisions. The Secretary shall also certify records. The Secretary shall prepare and submit the minutes of Board meetings to the Chairperson and the Board.

   7.   Duties and Powers.

      A.   Errors. The Board shall have the power to hear and decide on appeals where it is alleged that there is an error in any order, requirement, decision, determination, or interpretation by the Code Official.

      B.   Variances. The Board shall have the power to hear and decide on appeals wherein a variance to the terms of this code is proposed. Limitations as to the Board’s authorization shall be as set forth in this code.

      C.   Conditional Uses. The Board shall review and act upon a conditional use application based on the criteria established in Section 171.02 of this code and in conformance with the applicable regulations in this Zoning Code.

      D.   Decisions. The Zoning Ordinance is a document that lays out very specific requirements deemed to be in the best interest of the City by the Planning Commission and the Council. In most cases, those requirements must be met by property owners and developers; however, in some rare cases the enforcement of those requirements may be found to cause extreme hardship for an individual, and a variance may be granted. Variances shall not be granted by the Board simply because no one objects, or because it seems harmless in an isolated circumstance. Any variance granted shall reflect the spirit and intent of the code and shall not constitute the granting of a special privilege. The following variance criteria shall be utilized by the Board in hearing variance requests. No variance shall be granted by the Board unless affirmative findings can be made for each of the applicable following criteria:

         (1)   Unique Circumstances. The subject property is unique or exceptional as compared to other properties subject to the same provisions by reason of:

            (a)   Irregularity,

            (b)   Narrowness,

            (c)   Shallowness,

            (d)   Substandard or marginal size;

            (e)   Exceptional topographical features; or

            (f)   Other extraordinary conditions peculiar to and inherent in the subject property and that relate to or arise out of the property rather than the personal situation of the current owner of the property, and that amount to more than a mere inconvenience to the owner.

         (2)   Not Exclusively for Financial Gain. The purpose of the variance is not based exclusively upon a desire to increase financial gain from the property. Proof that the property cannot be used for its highest or best use under the regulations applicable to it – or that it could be used more profitably if not subject to such regulations – should not in itself justify granting a variance.

         (3)   Hardship Not Self-Created. The unique or special condition referenced in subsection (1) above existed at the time of the enactment of the provisions of this code that affect it, or was the result of government action (other than adoption of the Zoning Ordinance) for which no compensation was paid, and has not been created by any persons presently having an interest in the property.

         (4)   Substantial Rights Denied. Carrying out the strict letter of the provisions of the Zoning Ordinance would deprive the property owner of substantial rights commonly enjoyed by other property owners subject to the same provisions.

         (5)   Not Special Privilege. The hardship affecting the property is not merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other property subject to the same provisions.

         (6)   Not Detrimental. Granting the variance will not be detrimental to the public welfare or materially injurious to the enjoyment, use, or development of property in the vicinity; would not materially impair an adequate supply of light and air to adjacent properties; would not substantially increase congestion in the public streets, or increase the danger of flood or fire, or endanger the public safety, or substantially diminish or impair property values in the vicinity.

         (7)   No Other Remedy. There is no means other than the requested variance by which the hardship can be avoided or remedied to a degree sufficient to permit a reasonable use of the property.

   Written findings citing each of these criteria shall be made for each case to document the process and decision of the Board.

   It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or land or cause or permit the same to be done in violation of this code. When any building or parcel of land regulated by this code is being used contrary to this code, the Code Official may order such use discontinued and the structure, parcel of land, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Code Official after receipt of such notice to make the structure, parcel of land, or portions thereof, comply with the requirements of this code.

   1.   General. All departments, officials, and employees charged with the duty or authority to issue permits or licenses shall issue no permit or license for uses or purposes where the same would be in conflict with this code. Any permit or license, if issued in conflict with this code, shall be null and void.

   2.   Expiration or Cancellation. Each license, permit, or approval issued shall expire after 180 days if no work is undertaken or such use or activity is not established, unless a different time of issuance of the license or permit is allowed in this code, or unless an extension is granted by the issuing agency prior to expiration.

   3.   Failure to Comply. Failure to comply with the terms of any permit, license, or approval may be grounds for cancellation or revocation. Action to cancel any license, permit, or approval may be taken on proper grounds by the Code Official. Cancellation of a permit or approval by the Commission or Board may be appealed in the same manner as its original action.

   4.   Validity of Licenses, Permits, and Approvals. For the issuance of any license, permit, or approval for which the Commission or Board is responsible, the Code Official shall require that the development or use in question proceed only in accordance with the terms of such license, permit, or approval, including any requirements or conditions established as a condition of issuance. Except as specifically provided for in this code and conditions of approval, the securing of one required review or approval shall not exempt the recipient from the necessity of securing any other required review or approval.

   The owner or agent of a building or premises in or upon which a violation of any provision of this code has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor, or any other person who commits, takes part in, or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, or who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this code shall be subject, upon conviction, to the provisions of Section 1.14 of this Code of Ordinances. Each day that a violation is permitted to exist after proper notice shall constitute a separate offense.