The administration and enforcement of this article shall be the responsibility of the city mayor and city council. The mayor and council shall have the right to delegate responsibility to appropriate city officers or employees. The person or persons administering and enforcing this chapter shall be known as the zoning administrator. The zoning administrator shall have the power of a public officer in the enforcement of this chapter.

(Code 1991, § 19-46; Ord. No. 83, § 4.01, 4-16-1984)

It shall be the responsibility of the zoning administrator to enforce the provisions of this article and in doing so shall perform the following duties:

(1)

Permits. All applications for zoning permits shall be submitted to the zoning administrator who may issue zoning permits when all applicable provisions of this chapter have been complied with.

(2)

Files, records. The zoning administrator shall maintain files of all applications for zoning permits, and shall keep records of all permits issued; these shall be filed in the office of the city clerk and shall be open for public inspection.

(3)

Inspections. The zoning administrator shall be empowered to make inspections of buildings or premises in order to carry out the enforcement of this chapter. No person shall molest the zoning administrator in the discharge of his duties. The zoning administrator shall seek a search warrant through the city attorney any time a property owner refuses access to a property in order to make an inspection to determine compliance with this chapter.

(4)

Record of complaints. The zoning administrator shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter, and of the action taken consequent to each complaint; such records shall be open for public inspection.

(5)

Report to city council. The zoning administrator shall report to the city council periodically at intervals not greater than monthly, summarizing for the period since the last previous report, all zoning permits issued and all complaints of violation and any action taken on each complaint. Under no circumstances is the zoning administrator permitted to make changes in this chapter, nor to vary the terms of this chapter while carrying out the duties prescribed herein.

(Code 1991, § 19-47; Ord. No. 83, § 4.02, 4-16-1984; Ord. No. 83.4, 2-15-1989)

(a)

Intent and purpose. It is the intent and purpose of this section to create a review and permit process for the administration of this chapter. The process shall require the issuance of one permit which shall be the zoning permit. Issuance of such a permit pursuant to subsection (c) of this section shall indicate that the plans and specifications for any particular land use that has been requested complies with this chapter.

(b)

Jurisdiction. The excavation for any building or structure shall not be commenced; the erection of, addition to, alteration of or moving of any building or structure shall not be undertaken; or any land shall not be used; or any existing land use changed to a different type or class; or the use or occupancy of any building or premises, or part thereof, hereafter shall not be undertaken, without the issuance of the proper and appropriate certificates and permits pursuant to the stipulations of subsections (c) and (d) of this section. Except upon written order of the board of appeals, no such permit shall be issued for any building or use of land where the construction, addition, alteration, or use thereof would be in violation of this chapter.

(c)

General conditions.

(1)

Permit required. No building shall be erected, altered, moved or repaired until a zoning permit has been issued.

(2)

Expiration of permit. Any permit granted under this section shall become null and void after six months from the date of granting the permit unless the development proposed has passed its first building inspection. Before voidance is actually declared, the zoning administrator shall notify the applicant of such voiding action by sending a notice to the applicant at the address indicated on the permit application at least ten days before such voidance is effective. The permit shall be renewable upon reapplication and upon payment of the original fee, subject to the provisions of all ordinances in effect at the time of renewal.

(3)

Revocation. The zoning administrator shall have the power to revoke or cancel any zoning permit in case of failure or neglect to comply with any provisions of this chapter or in the case of any false statement or misrepresentation made in the application. The owner or his agent shall be notified of the revocation in writing.

(4)

Fees. Fees for review of development proposals, inspections and the issuance of permits or certificates required under this chapter shall be deposited with the city clerk in advance of processing any application or issuance of any permit. The amount of such fees shall be established by resolution of the city council and shall cover the cost of inspection and supervision resulting from the enforcement of this chapter. Such fees may include but are not limited to all costs associated with conducting a public hearing or inspection, including the newspaper notice, postage, photocopying, staff time, planning commission, council and/or zoning board of appeals time, mileage and any costs associated with reviews by qualified professional planners and/or engineers. Such fees may be collected in escrow with any unexpended balance returned to an applicant.

(5)

Issuance. Whenever the buildings, structures and uses as set forth in any application are in conformity with the provisions of this chapter, the zoning administrator shall issue the appropriate permit. In any case, where a permit is refused, the causes shall be stated in writing to the applicant.

(6)

Nonconforming uses. It shall not be necessary for a legal nonconformity, existing on May 6, 1984, to obtain a zoning permit in order to maintain its legal, nonconforming status. However, no nonconforming building, structure or use shall be renewed, changed or extended pursuant to article X of this chapter until a zoning permit has been issued by the zoning administrator. In such cases the permit shall state specifically how the nonconforming building, structure, or use differs from the provisions of this chapter.

(7)

Verification of other required permits. The zoning administrator may withhold any zoning permit pending verification that an applicant has received required county, state or federal permits including but not limited to soil erosion and sedimentation control permits, wetlands permits, floodplain, culvert, driveway or building permits. Alternatively, the planning commission or city council may conditionally approve any development activity upon the receipt of any of the above-mentioned county, state or federal approvals and/or direct the zoning administrator not to issue a zoning permit until the permits from other agencies have been obtained.

(8)

Performance guarantee. A performance guarantee may be required as a condition to the issuance of any zoning permit in order to insure conformance with the requirements of this chapter. The guarantee can be required to ensure that required landscaping, screening, buffering, fencing, paving, parking, lighting, streets, sidewalks, drains, curbs and any other requirements of this chapter have been met prior to final occupancy. A performance guarantee may take the form of cash, check, time certificate, a surety bond, bank letter of credit or other instrument as acceptable to the city, but shall be in an amount sufficient for the city to complete the required improvement or condition if the property owner fails to do so. The performance guarantee shall be returned when an occupancy permit has been granted.

(9)

Occupancy permit. No structure or use shall be occupied (except for a single-family residence in zones permitting single-family residences, without first receiving an occupancy permit. An occupancy permit shall be issued by the zoning administrator following an inspection that confirms that all requirements of a previously issued zoning permit, if any, or if not, of this chapter have been met.

(d)

Application. An application for a zoning permit shall be considered for approval by the zoning administrator when the application contains the following information:

(1)

In the case of a permit for buildings proposed for human occupancy or required by law to have plumbing fixtures, either a report from the county health department certifying in writing the approval of a private sanitary sewage disposal system, or when public sanitary sewage service is available or required by local ordinance or state law, a written notice of acceptance or a hook-up fee receipt shall be required.

(2)

When a municipal, public or private water supply system is required by law or proposed by the applicant either a report from the county health department, certifying approval of private water supply systems, or when municipal or public water supply is required by local ordinance or state law, a written notice of acceptance or a hook-up fee receipt shall be required.

(3)

Two copies of an accurate, readable scale drawing showing the following shall be required except in the case of minor alterations, repairs and demolitions as determined by the zoning administrator:

a.

The location, shape, area and dimension of the lot;

b.

The location, dimensions, height and bulk of the existing and/or proposed structures to be erected, altered or moved on the lot;

c.

The intended uses;

d.

The proposed number of sleeping rooms, dwelling units, occupants, employees, customers and other users;

e.

The yard, open space and parking lot dimensions, parking space dimensions and number of spaces;

f.

A vicinity sketch showing the location of the site in relation to the surrounding street system, and adjacent land uses within 300 feet in every direction including on the opposite side of any public thoroughfare (commercial and industrial areas only);

g.

Any other information deemed necessary by the zoning administrator to determine and provide for the enforcement of this chapter.

(e)

Inspections. The zoning administrator shall inspect the site prior to the beginning of construction including the pouring of footings, or excavation for a foundation.

(Code 1991, § 19-48; Ord. No. 83, § 4.03, 4-16-1984; Ord. No. 83.4, 2-15-1989)

(a)

The zoning administrator shall enforce the provisions of this article. Violations of any provisions of this article are declared to be nuisances per se.

(b)

The zoning administrator shall inspect each alleged violation. Whenever the zoning administrator determines that a violation of this chapter exists, the zoning administrator shall issue a notice of violation, in writing, which specifies all conditions found to be in violation.

(c)

Such notice shall be directed to each owner of or a party in interest in whose name the property appears on the last local tax assessment records. All notices shall be served upon the person to whom they are directed personally or, in lieu of personal service, may be mailed by certified mail, return receipt requested, addressed to such owner or party in interest at the address shown on the tax records.

(d)

All violations shall be corrected within a period of 30 days after the violation notice is issued. Should a violation not be corrected within this time period, the zoning administrator shall notify the owner, or party of interest in writing, of the time and place of a hearing to be held before the city council on the conditions causing the notice of violation. At the hearing the person to whom the notice is addressed shall have the opportunity to show cause why the violation should not be ordered to be corrected or why the action would cause an undue hardship.

(e)

The city council shall take testimony of the zoning administrator, the owner of the property and any other interested party or witness. Upon findings of the hearing the city council may extend the time by which the violations must be corrected for a period not to exceed six months. However, the city council shall not allow such violations to exist longer than this period.

(f)

If the owner or party in interest fails to appear, or neglects to correct the violation within the time period specified by the city council, the city council shall prepare a report of their findings for the city attorney recommending that the appropriate action be taken. The city attorney may then initiate prosecution proceedings.

(Code 1991, § 19-49; Ord. No. 83, § 4.04, 4-16-1984)