(1)   Assist the Building Inspector in determining that all building permits comply with the terms of this chapter;

      (2)   Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefor;

      (3)   Receive, file, and forward all applications for appeal, variances, conditional uses and other matters to the designated official bodies;

      (4)   Institute in the name of the city any appropriate actions or proceedings against a violator as provided by law; and

      (5)   Schedule public hearings for the Planning Commission and Zoning Board of Appeals.

(Ord. 827, passed 4-19-1983)

      (1)   Appeals where it is alleged that there is an error in any order requirement, decision or determination made by an administrative officer in the enforcement of this chapter; and

      (2)   Requests for variances from provisions of this chapter as provided for in § 157.100 of this chapter.

   (C)   In granting a variance, the Board and the City Council, on appeal, may impose conditions to ensure compliance and to protect adjacent properties.

(Ord. 827, passed 4-19-1983; Ord. 1479, passed 2-6-2012)

      (1)   An appeal may be taken to the Zoning Board of Appeals by any person or by any officer, department, board or commission of the city affected by a decision of the enforcement officer. Such appeal shall be taken within 45 days of the action complained of by filing with the enforcement officer and with the City Clerk-Treasurer a notice of appeal, specifying the grounds thereof. A non-refundable filing fee, established from time to time by the City Council to cover administrative costs and costs of the hearing, shall accompany the notice of appeal filed with the City Clerk-Treasurer. The enforcement officer shall forthwith transmit to the Zoning Board of Appeals all of the papers constituting the record which the action appealed from was taken.

      (2)   An appeal shall stay all proceedings with furtherance of the action appealed from, unless the enforcement officer certified to the Zoning Board of Appeals after the notice of appeal has been filed with him or her that, by reasons of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Board of Appeals or by a court of record on application on notice to the enforcement officer and on due cause shown.

      (3)   A public hearing shall be set, advertised and conducted by the Zoning Board of Appeals in accordance with § 157.101 of this chapter.

      (4)   Within 30 days following the close of the public hearing, the Zoning Board of Appeals shall render a decision on the appeal.

(Ord. 827, passed 4-19-1983)

      (1)   When any proposed change or amendment is initiated by the City Council or by the Board of Appeals, such body shall transmit its proposal to the Planning Commission for a public hearing and report thereon.

      (2)   (a)   When any proposed change or amendment is initiated by any owner of owners of real estate in the city, an application for such amendment, addressed to the City Council, shall be filed in quintuplicate with the Zoning Administrator. A non-refundable application fee, established from time to time by the City Council to cover administrative costs, shall accompany the application.

         (b)   The application shall be in such form and contain such information as shall be prescribed from time to time by the Planning Commission, but shall in all instances, contain the following information:

            1.   The applicant’s name and address;

            2.   The precise wording of any proposed amendment to the text of this chapter; and

            3.   In the event that the proposed amendment would change the zoning classification of any property:

               a.   A legal description and street address of the property proposed to be reclassified;

               b.   The name and address of the owner or owners of the said property;

               c.   The present zoning classification and existing uses of the property proposed to be reclassified;

               d.   The area of the property proposed to be reclassified, stated in square feet or acres, or fraction thereof; and

               e.   A map, drawn to scale, clearly showing the property proposed to be reclassified and its present zoning classification and existing uses.

      (3)   A public hearing shall be set, advertised and conducted by the Planning Commission in accordance with § 157.101 of this chapter.

      (4)   Within 30 days following the conclusion of the public hearing, the Planning Commission shall transmit to the City Council its recommendation in the form of a written report. Such report shall be accompanied by findings of fact specifying the reasons for the recommendation.

      (5)   Within 30 days of the receipt of the report of the Planning Commission, the City Council shall refuse or, by ordinance, duly enacted adopt the proposed amendment.

      (6)   A certified copy of the ordinance amendment shall be filed with the County Auditor.

(Ord. 827, passed 4-19-1983)

      (1)   General. If the establishment or operation of the proposed conditional use will be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

      (2)   Compatibility with surrounding area. The architectural appearance and functional plan of the building and site shall reflect the building character of the area and shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. The proposed development shall be compatible with existing and planned use of the area and conflicts should not be created between the proposed use and existing and intended future uses of the surrounding area.

      (3)   Traffic control. The traffic generated by a use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards or excessive traffic through residential areas. The traffic generated shall not raise traffic volumes beyond the capacity of the surrounding streets. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements and shall be subject to the approval of the City Engineer. Vehicular drive up ingress lanes shall be large enough to accommodate peak auto use on the same lot without requiring the stopping or waiting of vehicles on public right-of-way. Ingress lanes shall be from the least heavily traveled street wherever possible.

      (4)   Availability and adequacy of public services. Public services, including, but not limited to, sewer, water, gas, police and fire protection, should be available at an adequate level and capable of servicing the proposed land use. In addition, adequate access, drainage and any other necessary support facilities shall be provided. The Planning Commission and City Council may impose any necessary conditions or restrictions upon the proposed land use to insure that an overloading of city systems does not occur and that inordinate demand on public services does not jeopardize or limit existing and projected public service demands.

      (5)   Other factors. All such other or further factors as the city shall deem a requisite or consideration in determining the effect of such use on the general welfare, public health and safety.

      (1)   A public hearing shall be set, advertised and conducted by the Planning Commission in accordance with § 157.101 of this chapter.

      (2)   Within 30 days following the close of the public hearing, the Planning Commission shall submit its recommendation to the City Council for its official action.

      (3)   The City Council shall act on the application within 45 days after receiving the recommendations of the Planning Commission.

   (H)   Performance bond.

      (1)   Except in the case of non-income producing residential property, upon approval of a conditional use permit, the city shall be provided with a surety bond, cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall guarantee conformance and compliance with the conditions of the conditional use permit and the codes of the city.

      (2)   The security shall be in the amount of the City Engineer’s or City Building Inspector’s estimated costs of labor and materials for the proposed improvements or development. Said project can be handled in stages upon the discretion of the City Engineer and Building Inspector.

      (3)   The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and codes of the city has been issued by the City Building Inspector.

      (4)   Failure to comply with the conditions of the conditional use permit and/or the codes of the city shall result in forfeiture of the security.

   (I)   Certified copy. A certified copy of the conditional use permit shall be filed with the County Recorder.

      (1)   An application for a variance shall be submitted to the Zoning Administrator. A non-refundable application fee, established from time to time by the City Council to cover administrative costs and costs of the hearing, shall accompany each application. The application shall contain the following information, as well as such additional information as may be prescribed by rule of the Zoning Board of Appeals:

         (a)   The particular requirements of this chapter which prevent the proposed use or construction;

         (b)   The circumstances unique to the property which prevent compliance with the said requirements of this chapter;

         (c)   The minimum reduction of the requirements of this chapter which would be necessary to permit the proposed use or construction; and

         (d)   The practical difficulty that would result if said particular requirements of this chapter were applied to the subject property.

      (2)   A public hearing shall be set, advertised and conducted by the Zoning Board of Appeals in accordance with § 157.101 of this chapter.

      (3)   (a)   Within 30 days following the close of the public hearing, the Zoning Board of Appeals shall render its decision granting or denying the variance. Such decision shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications and shall remain a part of the permanent records of the Zoning Board of Appeals. The findings of fact shall specify the reason or reasons for granting or denying the variance. The terms of relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact. A decision rendered in accordance with the terms of this section, which grants a variance, shall be stayed until the next regularly scheduled meeting of the City Council. During that time, the City Council shall have authority to reverse the decision of the Zoning Board of Appeals.

         (b)   A denial by the Zoning Board of Appeals of a request for variance may be appealed to the City Council, subject to the procedures established in § 157.101 of this chapter and payment of the fees established in § 157.102 of this chapter.

         (c)   Upon filing of such application for appeal and payment of the applicable fees, the Zoning Administrator shall forward to the City Council the request for hearing of appeal along with the findings of fact of the Zoning Board of Appeals and transcript of hearing held by the Zoning Board of Appeals on the matter.

         (d)   The City Council shall set a day and time when the said appeal will be held and advertise the said hearing and notify parties of interest as in the original hearing by the Zoning Board of Appeals, and shall conduct the said hearing.

         (e)   Within 30 days following the close of the public hearing, the City Council may affirm or reverse the action of the Zoning Board of Appeals or return the variance request to the Zoning Board of Appeals for further proceedings.

         (f)   Notwithstanding the above language, deadlines for action by the Board of Appeals and City Council must meet any applicable requirements as established in state law.

   (C)   Conditions for permitting a variance.

      (1)   A variance shall be permitted only if it is established that it is in harmony with the general purposes and intent of this chapter is consistent with the city’s Comprehensive Plan and that there are practical difficulties in complying with this chapter. In its consideration of the standards of practical difficulties, the Zoning Board of Appeals shall require evidence that:

         (a)   The property owner proposes to use the property in a reasonable manner not permitted by this chapter;

         (b)   The plight of the owner is due to unique circumstances unique to the property not created by the owner; and

         (c)   The variance, if granted, will not alter the essential character of the locality.

      (2)   A variance may be granted only if the evidence, in the judgment of the Zoning Board of Appeals, sustains each of the three conditions enumerated in division (C)(1) above. Variances may. also be permitted if necessary to provide for adequate access to direct sunlight for solar energy systems, or for the construction of earth sheltered buildings, as defined in § 157.002 of this chapter, when the permitting of the variance is in harmony with the general purpose and intent of this chapter.

      (3)   Economic considerations alone shall not constitute practical difficulties.

      (4)   Variances shall not be permitted for any use that is not allowed under this chapter for property in the zone where such property is located.

      (5)   Specific conditions and safeguards may be imposed upon the premises benefitted by a variance as considered necessary to prevent injurious effects upon other property in the neighborhood or upon public facilities and services. Violations of such conditions and safeguards shall be a violation of this chapter. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

      (6)   No variance permitting the erection or alteration of a building shall be valid for a period longer than six months, unless a building permit for such erection or alteration is issued and construction is actually begun within that period and is thereafter diligently pursued to completion. The applicant may petition the Zoning Board of Appeals for extension of time in which to complete the work. Such extensions shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance. There shall be no charge for the filing of such petition. Such petition shall be presented to the Zoning Board of Appeals for a recommendation and to the City Council for final a decision. The extension shall be valid for an additional six months.

   (D)   Certified copy. A certified copy of the variance shall be filed with the County Recorder.

      (1)   Notice of public hearing shall be given not more than 30 days and not less than ten days before the hearing by publication at least once in the official newspaper of the city. Such notice shall include the time and place of the hearing, a description of the contents of the request to be heard and the address or location of the property to which the request applies.

      (2)   In addition to the general notice to the public, separate notice by letter, ten days before the hearing, shall be required for all property owners residing within 350 feet of the area, where a request concerning property will be the subject of the hearing. Such notices shall be sent by the Zoning Administrator and addresses taken from current city records shall be deemed sufficient for such notification.

      (3)   Where a rezoning request is to be considered, written notice shall be sent to the school district officials.

   (C)   Conduct of hearing. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney.

      (1)   “Materials” shall include, but not be limited to, maps, graphs, charts, drawings and the like and all printing or reproduction of materials.

      (2)   “Staff and/or consulting time” shall include any time spent in either researching for or actual production of materials.

      (3)   The hourly rate for “staff and/or consulting time” shall be established and made available to the applicant by the Zoning Administrator prior to production of any materials and the applicant shall be given a reasonable estimate of projected time and/or material costs.

   (C)   Fees shall be payable at the time applications are filed with the Zoning Administrator and are not refundable. A deposit to cover staff or consulting time and special materials will be established and required by the Zoning Administrator at the time the base fee is paid. Where said costs of staff and/or consulting time exceed the initial deposit, monthly billing statements shall be forwarded to and subsequently paid in full by the applicant within 30 days of receipt. No application for zoning or subdivision action or other city permit shall be granted or approved until all fee statement balances are paid in full.

   (D)   Fee for certificate of occupancy shall be $10 per application.(Ord. 827, passed 4-19-1983; Ord. 1061, passed 6-16-1992; Ord. 1320, passed 6-3-2003)