The planning and zoning Commission established in title 2 of this Code is responsible for performing the duties set forth in the Local Land Use Planning Act and for fulfilling the duties of the Commission as set forth in this title.

(Ord. 1061 § 2, 2005)

This title shall be administered by the Zoning Administrator, or his/her designee(s).

(Ord. 1237, 2012)

A.

For the purpose of this title, the Zoning Administrator shall have the following duties and authority:

1.

Advise interested persons regarding zoning and subdivision ordinance provisions.

2.

Notify the public and news media as required by law.

3.

Advise Applicants regarding required applications and ordinance compliance.

4.

Administer and issue land Use and development Permits, notifications and similar administrative duties.

5.

Investigate violations of this title and take the actions necessary and appropriate to remedy such violation.

6.

Assist the planning and zoning Commission and city Council in implementing the provisions of this title.

7.

Render written interpretations of the zoning and subdivisions codes subject to an appeal to the planning and zoning Commission as provided by section 18.20.110 of this title.

(Ord. 1330, 2018)

The Zoning Administrator is directed to coordinate with other city departments and public agencies concerning all Permits which may be required by this title and by previously or subsequently adopted laws.

(Ord. 1237, 2012)

The city Council will establish a schedule of fees, charges and expenses and a collection procedure for matters pertaining to the administration and enforcement of this title requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees will be available in the office of the Zoning Administrator, and may be altered or amended only by the city Council. Until all applicable fees, charges and expenses have been paid in full, no application shall be deemed complete for processing pursuant to this title.

(Ord. 1237, 2012)

A.

It is unlawful to occupy or use any building or premises, or part of a building or premises created, erected, changed, converted or wholly or partly altered or enlarged in its Use or Structure until a certificate of occupancy and/or certificate of zoning compliance has been issued. A certificate of zoning compliance shall be sufficient to authorize use only in circumstances where improvements to a Site are not so substantial as to require a building Permit. The Zoning Administrator, upon application and payment of an application fee established by resolution of the city Council, may issue a provisional certificate of occupancy for a period of time, not exceeding six (6) months, to allow for completion of weather dependent, non- life safety related improvements or other non-safety related incomplete improvements the status of which is due to circumstances not within the control of the owner or his agent. A provisional certificate of occupancy issued pursuant to this section does not authorize use or occupancy by occupants, residents, employees or members of the public except as expressly provided in a written provisional occupancy agreement/authorization approved by the director of public works or his designee. A provisional occupancy agreement/authorization may include provisions for surety or guarantee sufficient to assure completion and shall include release and indemnity provisions, assuring that the city and its personnel will be defended and held harmless from the consequences of any provisional occupancy. The city reserves the right, and every provisional occupancy agreement/authorization shall so provide, to terminate any provisional occupancy at any time if it finds a threat to life or public safety, essential community function or to the environment or if it determines that the provisional occupancy was approved in error, was authorized on the basis of incorrect information supplied by the Applicant or others or when it is discovered that the building or Use is in violation of any statute, ordinance, law or other provisions of this Code. Such termination may occur without a prior hearing in the event of an emergency as determined by the mayor, city administrator or public works director or after an opportunity to be heard informally by the public works director or city administrator in nonemergency circumstances. Occupancy or use of any building or premises beyond the date of expiration or outside the express terms and conditions of any provisional certificate of occupancy is unlawful and shall constitute a misdemeanor as defined by this Code.

B.

Certificates of occupancy or certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning Administrator or designee authorize only the Use and/or arrangement set forth in such approved plans and applications or amendments, and not other Uses or arrangement. The Community Development Division shall maintain records of certificates of occupancy and certificates of zoning compliance which shall be maintained as required by the adopted records retention policy of the city or by state law.

(Ord. 1343, 2018; Ord. 1237, 2012)

Provided that the context does not give rise to practical difficulties, interpretations of certain zoning ordinance language and certain standards will usually be applied in the following manner:

A.

Buildings Across Parcel Boundary Lines. Provided legal and contiguous parcels of record are owned by the same property owner(s) a building(s) that has been developed across property lines shall merge the properties into one parcel for the determination of zoning standards.

B.

Fences and Wall Height Measurement. Maximum fence and wall height shall be measured from the finished Grade at the fence or wall. Retaining wall height shall be measured from the footing to the top of the wall. That portion of a wall functioning as a retaining wall shall not be counted in determining overall fence or wall height.

C.

Yard Orientation on Through Lots. On Through Lots, where public road frontage exists at both ends, either frontage may be designated by the Zoning Administrator as the Front Yard; however, the predominant orientation of existing Structures and the presence of street access limitations, if any, on that block should be used to determine the Front Yard.

D.

Setback Encroachments. Setbacks are measured from the property line to the foundation of the Structure. Setbacks shall not be less than the minimum dimension specified in the specific section of this title, except as follows: cornices, canopies, eaves, or other similar architectural features not providing additional floor space within the building may extend into a required Side, Front or Rear Yard setback no more than two (2) feet.

E.

Interpretation of District Boundaries. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the official zoning map, the following shall apply:

1.

Where zone boundaries are indicated as approximately following the centerline of street or highway Right-of-Way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary. Where the zoning boundary follows a railroad Right-of-Way, such boundary shall be deemed to be located in the center of the Right-of-Way, unless otherwise clearly designated.

2.

Where zone boundaries are so indicated that they approximately follow the Lot lines, such Lot lines shall be construed to be the boundaries.

3.

Where zone boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or Right-of-Way lines of highways, such zone boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the official zoning map.

(Ord. 1237, 2012)