An administrative official designated by the city manager shall administer and enforce this chapter. He/she may be provided with the assistance of such other persons as the city manager may direct. If the administrative official shall find that any of the provisions of this chapter are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(Ord. No. 88-35, 11-1-88; Ord. No. 21-02, § 2, 3-1-21)

No building, sign or other structure shall be erected, moved, added to or structurally altered without a permit therefor, issued by the administrative official. No buildings or sign permit shall be issued by the administrative official except in conformity with the provisions of this chapter, unless he/she receives a written order from the board of zoning appeals in the form of an administrative review, special exception or variance as provided by this chapter.

Sign permit applications shall be acted upon by the administrator within forty-five (45) days of receipt, excluding holidays and weekends. However, given the vagaries of information or fact gathering, a failure to act does not constitute a waiver of the city's ability to regulate. The administrator's action, failure to act or failure to timely act can be appealed as a denial of the permit to the board of zoning appeals.

(Ord. No. 88-35, 11-1-88; Ord. No. 95-10, § 7, 3-20-95; Ord. No. 04-42, § 1, 9-20-04; Ord. No. 21-02, § 2, 3-1-21)

No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made and approved by the zoning administrator. All applications for building permits shall be accompanied by the required number of plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this chapter.

(Ord. No. 88-35, 11-1-88)

(1)

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the administrative official stating that the proposed use of the building or land conforms to the requirements of this chapter.

(2)

Upon enactment or amendment of this chapter, owners or occupants of uses made nonconforming shall apply for certificates of zoning compliance for the purpose of establishment of vested interest in those nonconforming uses, and the zoning administrator may issue those certificates upon acceptance of reasonable proof that the nonconformity was in existence or lawfully under construction at the time of such enactment or amendment and certificates of zoning compliance issued upon such application shall state specifically wherein the nonconforming use differs from the requirements of this chapter.

(3)

A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion.

(4)

The administrative official shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person.

(5)

Failure to obtain a certificate of zoning compliance shall be a violation of this chapter and punishable under section 23-7.

(Ord. No. 88-35, 11-1-88)

Building permits and certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided by section 23-7.

(Ord. No. 88-35, 11-1-88)

It is the intention of this chapter that all questions arising in connection with the enforcement of the chapter shall be presented first to the zoning administrator and that such question shall be presented to the board of zoning appeals only on appeal from the decisions of the administrative official.

(Ord. No. 88-35, 11-1-88; Ord. No. 95-10, § 7, 3-20-95)