(a)

The building official shall administer and enforce this chapter, and may be provided with the assistance of other persons.

(b)

If the building official shall find any of the provisions of this chapter are being violated, he 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 shall order the discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; or discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violations of its provisions.

(Code 1961, § 22-16(1); Code 1985, § 7-616)

No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor issued by the building official. The building official shall not issue any permit except in conformity with the provisions of this chapter and other applicable city regulations.

(Code 1961, § 22-16(2); Code 1985, § 7-661)

(a)

All building permit plans and support documents shall be submitted electronically as defined by this chapter, unless otherwise exempted by the Code of Ordinances. In lieu of an electronic submittal, the building official may accept a paper submittal (three sets for residential plans and five sets for commercial plans) concerning minor building permits.

(b)

All plans shall be drawn to scale, showing the actual dimensions and shape of the plot to be built upon; the exact locations and sizes of structures already existing, if any; the location and dimensions of the proposed structure or alteration; curb cuts and provision for ingress and egress, if any; paving specifications; and proposed off-street parking area. Drawing files shall be sized as 36 × 24 and uploaded in a landscape orientation. Each sheet shall be uploaded as a single drawing file. Drawing file names shall conform to the standards as set forth in the applicant guide for electronic submittals. File names shall include the sheet number and have a very brief description of what the drawing entails.

(c)

The application shall include such other information as lawfully may be required by the building official, including existing or proposed uses of the structure and land, conditions existing on the plot, and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter. Any misstatement or inaccuracy in the application for a permit shall be sufficient cause for revocation of the building permit. The building official may require a survey before issuance of the permit.

(d)

After a building permit/plan has been found to comply with all requirements, it will be approved by the city and the applicant may sign and seal the plan digitally in ePlans using an approved certificate authority (CA). If required by the building official, the applicant shall provide two sets of signed and sealed paper plans from the approved folder in ePlans. The applicant with a permit/plan that is not signed and sealed digitally using an approved certificate authority (CA) shall be required to submit two sets of signed and sealed paper plans along with an electronic version (PDF format) of those approved plans.

(Code 1961, § 22-16(3); Code 1985, § 7-662; Ord. No. 2017-58, § 4, 6-20-17)

Before any person shall be entitled to a building permit, such person or, if the applicant is a corporation or partnership, an officer or agent of such corporation or member of the partnership or agent thereof, shall make and file with the building official an estimate of the actual cost of such construction or repair. Such statement shall be in writing on forms furnished by the building official, and shall be signed by the applicant or the applicant's agent.

(Code 1961, § 22-16(4); Code 1985, § 7-663)

The issuance or granting of a building permit or approval of plans and/or specifications shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this chapter. No permit purporting to give the authority to violate or cancel the provisions of this chapter shall be valid except insofar as the work or use which it authorizes is lawful.

(Code 1961, § 22-16(5); Code 1985, § 7-664)

(a)

If the work described in any building permit has not begun within six months from the date of issuance thereof, the permit shall expire and be cancelled by the building official, and written notice thereof shall be given to the persons affected.

(b)

If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, the permit shall expire and be cancelled by the building official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a special building permit has been obtained.

(c)

At the discretion of the building official, such special permit may be based on the original application or he may require submission of a new application. The special permit may include limitations on the time allowed for substantial completion of the work, and provisions for a reasonable performance bond to ensure completion within the time limit set.

(Code 1961, § 22-16(6); Code 1985, § 7-665)

Before any permit shall be issued for the construction, reconstruction or repair of any building, the necessary fees shall be paid in full.

(Code 1961, § 22-16(7); Code 1985, § 7-666)

The zoning board of adjustment shall hear and decide only such special exceptions as the board of adjustment is specifically authorized to pass upon by the terms of this chapter, and shall decide such questions as are involved in determining whether special exceptions should be granted. It shall grant special exceptions with such conditions and safeguards as are appropriate under this chapter and shall deny special exceptions when not in harmony with the purpose, intent and requirements of this chapter.

(Code 1961, § 22-19(2); Code 1985, § 7-621(a); Ord. No. 2275, § 7, 5-5-92)

A special exception is hereby defined as a use that would not be appropriate generally or without restriction throughout the zoning division or district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, prosperity or general welfare. Such uses are permitted in such zoning districts as special exceptions where specific provisions for such exceptions are made in this chapter.

(Code 1961, § 22-19(2); Code 1985, § 7-621(b); Ord. No. 2275, § 7, 5-5-92)

Cross reference— Definitions generally, § 1-2.

A special exception shall not be granted by the board of adjustment unless and until:

(1)

A written application for a special exception shall be submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested. The application shall include a site plan or sketch of the subject property drawn to scale.

(2)

Notice of public hearing on the special exception shall be given in the manner prescribed in section 122-113(3).

(3)

The public hearing shall be held. Any party may appear in person, or by agent or attorney.

(4)

The board of adjustment shall make findings that it is empowered under the section of this chapter described in the application to grant the special exception, and that the granting of the special exception, with any appropriate conditions and safeguards that the board may deem necessary, will not adversely affect the public interest.

(5)

In reaching its conclusion and in making the findings required in subsection (4) of this section, the board of adjustment shall consider and weigh the following factors and standards, among others, and shall show in its record these factors and the disposition made thereof. Further, the board shall find in the case of any of these factors and standards, where they may be relevant and applicable, that the purposes and requirements for granting the special exception have been met by the applicant.

a.

Ingress and egress to the property and the proposed structures thereon, if any, including such considerations as automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

b.

Off-street parking and loading areas, where required, including consideration of relevant factors in subsection (5)a of this section, and the economic, noise, glare or odor effects of the location of such off-street parking and loading areas on adjacent and nearby properties and properties generally in the district.

c.

Refuse and service areas, including consideration of relevant factors in subsections (5)a and b of this section.

d.

Utilities, including such considerations as hook-in locations and availability and compatibility of utilities for the proposed use.

e.

Screening and buffering, including consideration of such relevant factors as type, dimensions and character to preserve and improve compatibility and harmony of use and structure between the proposed special exception and the uses and structures of adjacent and nearby properties and properties generally in the district.

f.

Signs, if any, and proposed exterior lighting, if any, with reference to glare, traffic safety and economic effects of signs and lighting on properties in the district and compatibility and harmony with other properties in the district.

g.

Required yards and open spaces.

h.

Height of structure where related to uses and structures on adjacent and nearby properties and properties generally in the district.

i.

Economic effect on adjacent and nearby properties and properties generally in the district of the grant of the special exception.

j.

Visual, physical and economic impact of the proposed project or use on a historically designated property and district.

(Code 1961, § 22-19(2); Code 1985, § 7-621(c); Ord. No. 2275, § 7, 5-5-92)

(a)

In granting any special exception, the zoning board of adjustment may prescribe appropriate conditions and safeguards in conformity with this article. Violation of such conditions and safeguards, when made a part of the terms under which the special is granted, shall be deemed a violation of this article and be subject to enforcement by the municipal code enforcement board or special magistrate.

(b)

In granting a special exception, the zoning board of adjustment shall prescribe a time limit within which the action for which the special exception is granted shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit shall void the special exception. In addition, the zoning board of adjustment can also limit a special exception to a specific owner or use.

(Code 1961, § 22-19(2); Code 1985, § 7-621(d); Ord. No. 2275, § 7, 5-5-92; Ord. No. 2849, § 1, 6-9-98; Ord. No. 2010-13, § 29, 12-1-09)

The board of adjustment shall authorize, upon appeal from the decision of the building official, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in practical difficulties. No variances shall be granted with respect to property zoned PD or SC.

(Code 1961, § 22-19(3); Code 1985, § 7-622(a); Ord. No. 2275, § 8, 5-5-92; Ord. No. 2018-42, § 20, 9-25-18; Ord. No. 2019-28, § 16, 3-19-19)

A variance is hereby defined as a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, due to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in practical difficulties. As used in this chapter, establishment or expansion of a use otherwise not permitted shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining divisions or districts.

(Code 1961, § 22-19(3); Code 1985, § 7-622(b); Ord. No. 2275, § 8, 5-5-92)

Cross reference— Definitions generally, § 1-2.

An applicant for a variance within a designated historic district or property need not demonstrate a practical difficulty, but shall show only that the project is not detrimental to the public interest.

(Code 1961, § 22-19(3); Code 1985, § 7-622(c); Ord. No. 2275, § 8, 5-5-92)

A variance from the terms of this chapter shall not be granted unless and until:

(1)

A written application for a variance is submitted demonstrating that:

a.

Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.

b.

Literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

c.

The special conditions and circumstances mentioned in subsection (1)a of this section do not result from the action of the applicant.

d.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures or buildings in other districts, shall be considered grounds for the issuance of a variance.

(2)

Notice of public hearing on the variance shall be given in the manner prescribed in section 122-113(2).

(3)

The public hearing shall be held. Any party may appear in person or by agent or attorney.

(4)

The board of adjustment shall make findings that the requirements of subsection (1) of this section have been met by the applicant.

(5)

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

(6)

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(Code 1961, § 22-19(3); Code 1985, § 7-622(d); Ord. No. 2275, § 8, 5-5-92)

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and be subject to enforcement by the municipal code enforcement board or special magistrate.

(Code 1961, § 22-19(3); Code 1985, § 7-622(e); Ord. No. 2275, § 8, 5-5-92; Ord. No. 2010-13, § 30, 12-1-09)

Under no circumstances shall the board of adjustment grant a variance under this chapter to permit a use not generally or by special exception permitted in the district involved, or any use expressly or by necessary implication prohibited by the terms of this chapter in the district.

(Code 1961, § 22-19(3); Code 1985, § 7-622(f); Ord. No. 2275, § 8, 5-5-92)

Any variance granted shall expire within six months after the date of grant, unless a building permit based upon and incorporating the variance is issued within the six-month period and construction has begun thereunder.

(Code 1961, § 22-19(3); Code 1985, § 7-622(g); Ord. No. 2275, § 8, 5-5-92)

(a)

A property owner, or that person or entity's authorized representative, may apply for an administrative variance. The building official and the planning director, shall jointly review the application and determine whether to grant or deny the variance requested.

(b)

Administrative variances will only be considered for applications to vary the dimensional requirements of chapter 122 of the Code. All other applications for variances shall be handled through the board of adjustment process.

(c)

The building official shall notify property owners within a 150-foot radius of the application in writing. The notice shall be mailed to the address of the property owned by each owner or to the address for such owner as reflected in the property appraiser's records for such property. The notice shall advise the property owner that if he wishes to object to the application, he must deliver an objection to the building official so that it is received within three weeks (15 working days) from the mailing date of the notice.

(d)

On the date the building official mails the notices under subsection (c), he shall conspicuously locate on the property subject to the variance application, or as near as practically possible, a notice stating that a variance application is being considered, the application's case number and the building official's phone number.

(e)

An application for administrative variance shall not be approved unless the building official and planning director determine it meets all of the following criteria:

(1)

The building official has not received a written objection from any person. (If a written objection is received, the property owner submitting the application may request that the application shall be handled through the board of adjustment process);

(2)

The variance neither interferes with the rights of others as provided in this chapter, nor is injurious to the health, safety or general welfare of the public;

(3)

The variance provides a reasonable allowance of use under the specified circumstances of each application;

(4)

The variance achieves the general intent of this chapter and the city's comprehensive plan; and

(5)

The variance is the minimum possible variance under specific circumstances; and

(6)

The variance does not exceed a two-foot maximum for all principal structure side yard setbacks and for all other requests does not exceed 15 percent of the dimensional requirement.

(f)

The building official and the planning director may impose reasonable conditions upon any administrative variance to ensure that the health, safety and general welfare of the public are protected and substantial justice is done. A violation of any imposed conditions shall be a violation of this chapter.

(g)

Any administrative variance will not be effective or eligible for issuance of any applicable permits for three weeks (15 working days) from the mailing date of the notice under subsection (c).

(h)

The building official shall issue a zoning certification or interpretation letter when the imposed conditions of this chapter are complied with by the applicant regardless of whether the use of the permit would violate contractual or other arrangements (including, but not by way of limitation, restrictive covenants) among private parties.

(Ord. No. 4073, § 6, 8-21-01)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer or bureau of the city council affected by any decision of the building official. Such appeals shall be taken within a reasonable time, not to exceed 60 days or such lesser period as may be provided by the rules of the board, by filing with the building official and with the board of adjustment a written notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(Code 1961, § 22-18(2), (3); Code 1985, § 7-620(a))

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the appeal within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

(Code 1961, § 22-18(2), (3); Code 1985, § 7-620(b))

Where notice to nearby or contiguous property owners is required, such notice shall be mailed to such property owners at least 15 days prior to the date of the hearing. For this purpose, the owner of the property shall be deemed to be the person who, with his address, is so shown on the current property rolls of the city. Requirements of notice by mail to specific property owners shall be as follows:

(1)

Appeals. For an appeal from the decision of the building official, the owner of the property involved and all owners of property directly contiguous to the premises involved in the appeal.

(2)

Variances. For a variance, the owner of the property requesting the variance and all owners of the property within 300 feet of the boundary lines of the premises for which the variance is requested.

(3)

Special exceptions. For a special exception, the owner of the property requesting the special exception and all owners of property within 300 feet of the boundary line of the premises for which special exception is requested.

No petition to the board of adjustment appealing from the decision of the building official or requesting a variance or special exception shall be considered until notice has been given as required in this section and published in a newspaper of general circulation in the city at least 15 days prior to the hearing.

(Code 1961, § 22-18(2), (3); Code 1985, § 7-620(c))

An appeal stays all proceedings in furtherance of the action appealed from, unless the building official from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal is filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order, which may be granted by the board of adjustment or by a court of record on application, on notice to the building official from whom the appeal is taken, and on due cause shown.

(Code 1961, § 22-18(2), (3); Code 1985, § 7-620(d))

(a)

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the building official, that such questions shall be presented to the board of adjustment only on appeal from the decision of the building official, and that recourse from the decisions of the board of adjustment shall be to the courts as provided by law.

(b)

It is further the intent of this chapter that the duties of the city council under this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this chapter. Under this chapter, the city council shall have only the duties of:

(1)

Considering and adopting or rejecting proposed amendments or the repeal of this chapter as provided by law.

(2)

Establishing a schedule of fees and charges.

(Code 1961, § 22-21; Code 1985, § 7-623)

Appeals from decisions of the board of adjustment shall be to the courts. Any person or any board, taxpayer, department or bureau of the city aggrieved by any decision of the board of adjustment may seek review by a court of record of such decisions in the manner provided by law.

(Code 1961, § 22-20; Code 1985, § 7-624)

This chapter may be amended in the manner provided in this division. All amendments shall be in compliance with the comprehensive plan.

(Code 1961, §§ 2-33.2, 22-17; Code 1985, § 7-618(a); Ord. No. 1832, § 1, 4-15-86; Ord. No. 2275, §§ 4, 5, 5-5-92; Ord. No. 2646, § 1, 9-11-96; Ord. No. 2739, § 1, 6-10-97)

Notice of hearing before the planning and zoning commission in connection with changes in zoning classifications or regulations shall be published in a newspaper of general circulation in the city, one time, at least 15 calendar days prior to the date of the hearing. Such notice shall specify the time and place of the hearing, and the matter to be considered at such hearing, and shall notify all persons interested to appear and be heard. Notice of the hearing shall also be given to petitioners by letter addressed to such petitioners, mailed at least 15 calendar days prior to the hearing. Also, all owners of real property within 300 feet of the proposed classification change shall be sent a notice of the hearing. The latest published county real estate tax roll shall be used for determining the property owners to be notified. The building official shall conspicuously locate on the property affected, or as near as practically possible, a hearing notice, with the number and location to be at the discretion of the building official. A fee to cover the cost of printing the notice may be determined by the city council and charged to the petitioners. Notices shall be posted for rezonings, variances, special exceptions and public hearings. Such notice shall be posted at least 15 calendar days prior to the hearing and shall indicate that a hearing will be conducted, the case number, and phone numbers to call for information.

(Code 1961, §§ 2-33.2, 22-17; Code 1985, § 7-618(b); Ord. No. 1832, § 1, 4-15-86; Ord. No. 2275, §§ 4, 5, 5-5-92; Ord. No. 2646, § 1, 9-11-96; Ord. No. 2739, § 1, 6-10-97)

(a)

Unless provided elsewhere in this chapter, no amendment to rezone property shall contain conditions, limitations or requirements not applicable to all other property in the zoning classification to which the particular property is rezoned.

(b)

Except as provided in subsections 122-133(c), (d), (e), (f), and (g) a rezoning application for a parcel or parcels shall not be processed by city staff or adopted by city council unless it complies with one of the following requirements:

(1)

The application requests to rezone parcel or parcels that are a minimum of 30,000 square feet of area not separated by a right-of-way for a street, a street, or a drainage retention area; or

(2)

The application requests to rezone the parcel or parcels to the same zoning classification as an adjoining parcel not separated by a right-of-way for a street, a street, or a drainage retention area.

(c)

A rezoning application to RBH shall not be processed by city staff or adopted by city council unless it requests to rezone a parcel or parcels that are both:

(1)

Located in locally designated historic districts; and

(2)

Located within 500 feet of a business district. The distance requirements between an RBH zone and a business district shall be measured from property line to property line.

(d)

A rezoning application to OH shall not be processed by city staff or adopted by city council unless it requests to rezone a parcel or parcels that are:

(1)

Located in locally designated historic districts;

(2)

Located within 500 feet of a business district. The distance requirements between an OH zone and a business district shall be measured from property line to property line; and

(3)

Have a minimum lot area that complies with one of the following:

a.

A parcel or no more than two parcels that are a minimum of 30,000 square feet of area not separated by a right-of-way for a street, a street, or a drainage retention area; or

b.

A parcel that is a minimum of 15,000 square feet of area that adjoins (not separated by a right-of-way for a street, a street, or a drainage retention area) an institutional, GU or RBH zoning district; or

c.

A parcel that is a minimum of 12,000 square feet of area with an existing RBH zone as of November 6, 2007, and not eligible to rezone to any other zoning district based on the criteria in this section of the Code of Ordinances.

(e)

A rezoning to R-3 in a local historic district consistent with subsection 122-357(c) shall not be processed by city staff or adopted by city council unless it requests to rezone a parcel or parcels that are a minimum of 25,000 square feet of area not separated by a right-of-way for a street, a street, or a drainage retention area.

(f)

A rezoning application to FBC shall not be processed by city staff or adopted by city council unless it requests to rezone a parcel or parcels that are either:

(1)

A minimum of 30 acres in area; or

(2)

Adjacent to or directly across a street from property currently zoned FBC.

(g)

A rezoning to B-1 or B-1A shall not be processed by city staff or adopted by city council unless it requests to rezone a parcel or parcels that are a minimum of 10,000 square feet of area not separated by a right-of-way for a street, a street, or a drainage retention area.

(h)

The requirements in subsections 122-133(b), (c), (d), (e), (f), and (g) are in addition to specific size requirements for zoning districts found elsewhere in the Code.

(Code 1961, §§ 2-33.2, 22-17; Code 1985, § 7-618(d); Ord. No. 1832, § 1, 4-15-86; Ord. No. 2275, §§ 4, 5, 5-5-92; Ord. No. 2646, § 1, 9-11-96; Ord. No. 2739, § 1, 6-10-97; Ord. No. 4076, § 1, 8-21-01; Ord. No. 5041, § 2, 4-2-02; Ord. No. 5747, § 1, 11-6-07; Ord. No. 2014-32, § 1, 6-3-14; Ord. No. 2018-26, § 1, 5-1-18; Ord. No. 2018-42, § 21, 9-25-18; Ord. No. 2020-22, § 1, 2-18-20; Ord. No. 2021-33, § 1, 3-16-21)

Whenever the planning and zoning commission has taken action to recommend denial or approval of a petition for rezoning of property and the city council has also acted upon the application, or the applicant has withdrawn the petition after the application has been advertised as required by section 122-132, the commission and city council shall not consider any further petition for any kind of rezoning of any part or all of the same property for a period of one year from the date of such action. The time limit set out in this section may be waived by the affirmative vote of three members of the city council.

(Code 1961, §§ 2-33.2, 22-17; Code 1985, § 7-618(e); Ord. No. 1832, § 1, 4-15-86; Ord. No. 2275, §§ 4, 5, 5-5-92; Ord. No. 2646, § 1, 9-11-96; Ord. No. 2739, § 1, 6-10-97)

Whenever the board of adjustment has taken action to approve or deny a petition for a variance or special exception, or the applicant has withdrawn the petition after the application has been advertised as required by section 122-132, the board shall not consider any further petition for any part or all of the same property described in the application for a period of one year from the date of such action. The time limit set out in this section may be waived by the affirmative vote of three members of the city council.

(Code 1961, §§ 2-33.2, 22-17; Code 1985, § 7-618(f); Ord. No. 1832, § 1, 4-15-86; Ord. No. 2275, §§ 4, 5, 5-5-92; Ord. No. 2646, § 1, 9-11-96; Ord. No. 2739, § 1, 6-10-97)

Enactment of ordinances that change the actual list of permitted, conditional or prohibited uses within a zoning district, or ordinances initiated by the city council or its designee that change the official zoning map designation of a parcel of land, shall be enacted pursuant to the following procedure:

(1)

In cases in which the proposed ordinance changes the official zoning map designation for a parcel or parcels of land involving less than ten contiguous acres, the city clerk shall notify by mail each real property owner whose land the city will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of such notice shall be kept available for public inspection during the regular business hours of the office of the clerk. The city council shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance.

(2)

In cases in which the proposed ordinance changes the actual list of permitted, conditional or prohibited uses within a zoning district, or changes the official zoning map designation of a parcel of land involving ten contiguous acres or more, public notice shall be given and the hearing shall be held in accordance with the following:

a.

The city council shall hold two advertised public hearings on the proposed ordinance. Both hearings shall be held after 5:00 p.m. on a weekday, and the first shall be held at least seven days after the day that the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing.

b.

The required advertisements shall be no less than two columns wide by ten inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one of limited subject matter, pursuant to F.S. ch. 50. It is the legislative intent that, whenever possible, the advertisement shall appear in a newspaper that is published at least five days a week unless the only newspaper in the city is published less than five days a week. The advertisement shall be in substantially the following form:

NOTICE OF (TYPE OF) CHANGE

The City of Ocala, Florida, proposes to adopt the following ordinance   (title of the ordinance)  .

A public hearing on the ordinance will be held on   (date and time)   at   (meeting place)  .

Except for amendments which change the actual list of permitted, conditional or prohibited uses within a zoning district, the advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area.

c.

In lieu of publishing the advertisement set out in this subsection, the city may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place and location of any public hearings on the proposed ordinance.

(Code 1961, §§ 2-33.2, 22-17; Code 1985, § 7-618(g); Ord. No. 1832, § 1, 4-15-86; Ord. No. 2275, §§ 4, 5, 5-5-92; Ord. No. 2646, § 1, 9-11-96; Ord. No. 2739, § 1, 6-10-97)

The city council shall establish a schedule of fees, charges and expenses, and a collection procedure, for zoning changes, appeals for an interpretation of this chapter, special exceptions, variances, public hearings, land use amendments and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of building official in charge of zoning and may be altered or amended only by the city council. The fees, charges and expenses shall be deposited in the general fund of the city to cover such cost and notification studies in connection with the process of such petition. No such fees shall be refunded except upon a showing of mistake upon the part of the city. The zoning administrator shall have the authority to authorize the refunding of a fee pertaining to this chapter. In case of hardship upon the petitioner wherein the imposition of the fee is found to be unreasonable, the city council may waive the fee.

(Code 1961, §§ 2-33.3, 22-22; Code 1985, § 7-619(a); Ord. No. 2030, § 1, 9-20-88; Ord. No. 2275, § 6, 5-5-92; Ord. No. 2291, § 1, 9-1-92; Ord. No. 2380, § 1, 6-1-93; Ord. No. 2418, § 2, 11-2-93; Ord. No. 2436, § 4, 1-4-94)

Editor's note— Ord. No. 5202, § 2, adopted Sept. 8, 2003, repealed § 122-152 in its entirety. Formerly, said section pertained to fee when special exception and variance are required on same parcel as enacted by Code 1961, §§ 2-33.3, 22-22; as amended.

No permit shall be issued nor shall any action be taken on proceedings before the planning and zoning commission or the board of adjustment unless and until the required costs, charges, fees or expenses have been paid in full.

(Code 1961, §§ 2-33.3, 22-22; Code 1985, § 7-619(b); Ord. No. 2030, § 1, 9-20-88; Ord. No. 2275, § 6, 5-5-92; Ord. No. 2291, § 1, 9-1-92; Ord. No. 2380, § 1, 6-1-93; Ord. No. 2418, § 2, 11-2-93; Ord. No. 2436, § 4, 1-4-94)

(a)

City council shall establish by separate resolution a minimum fee schedule for all development charges. The fee schedule shall be maintained by the building department.

(b)

In addition to the fees set forth by resolution, a developer/applicant shall reimburse the city for extraordinary legal fees incurred by the city in connection with applications, agreements, plans, plats, studies, cases and other proceedings related to a proposed or pending application including fees incurred by the city in litigation or administrative proceedings involving an application (e.g., petition for certiorari challenging a rezoning denial, administrative proceeding challenging comprehensive plan amendment, etc.). The city shall notify the developer/applicant, prior to or immediately after the city begins incurring such extraordinary fees, that it intends to seek reimbursement for such fees.

(Code 1961, §§ 2-33.3, 22-22; Code 1985, § 7-619(c); Ord. No. 2030, § 1, 9-20-88; Ord. No. 2275, § 6, 5-5-92; Ord. No. 2291, § 1, 9-1-92; Ord. No. 2380, § 1, 6-1-93; Ord. No. 2418, § 2, 11-2-93; Ord. No. 2436, § 4, 1-4-94; Ord. No. 2751, § 6, 8-19-97; Ord. No. 3003, § 6, 11-23-99; Ord. No. 4073, § 7, 8, 8-21-01; Ord. No. 5202, § 3, 9-8-03; Ord. No. 5319, § 2, 9-21-04; Ord. No. 5431, § 2, 9-20-05; Ord. No. 5600, § 1, 12-19-06; Ord. No. 5720, § 7, 9-18-07)