(a)

The zoning officer shall be in charge of the administration and enforcement of this chapter.

(b)

Duties. The zoning officer shall:

(1)

Receive and review applications, issue permits, and furnish certificates, all in the zoning officer's judgment and discretion as authorized.

(2)

Examine premises for which permits have been issued, and make necessary inspections to determine compliance.

(3)

When requested by the mayor and the city council, or when the interest of the city so requires, make investigations and render written reports.

(4)

Issue such notices or orders as may be necessary.

(5)

Adopt procedures consistent with this chapter.

(6)

Keep careful and comprehensive records of applicants, permits, certificates, inspections, reports, notices, orders, and all localized actions of the city council and shall file the same permanently by street address.

(7)

Keep all such records open to public inspection, at reasonable hours, but not for removal from office of the zoning officer.

(8)

Report to the mayor and the city council at least once a month as to permits and certificates issued, and orders promulgated.

(9)

Request and receive the assistance and cooperation of the police department, the city attorney, and of other city officials.

(10)

Inform the city attorney of all violations and all other matters requiring prosecution or legal action.

(11)

Be entitled to rely upon any opinion of the city attorney as to the interpretation of this chapter, or the legal application of this chapter to any factual situation.

(12)

Discharge such other duties as may be imposed by this chapter.

(Ord. No. 2001-26, § 1(6-1), 10-8-2001; Ord. No. 2005-20, § 2(6-1), 9-12-2005)

(a)

Jurisdiction. The plan commission of the city, which has been duly established, is the plan commission referred to in this chapter, and shall have the following duties under this chapter:

(1)

To hear all applications for amendments and special uses and thereafter submit reports of findings and recommendations to the city council in the manner prescribed in this section for amendments and special uses;

(2)

To initiate, direct, and review, from time to time, studies of the provisions of this chapter, and to make reports of its recommendations to the city council not less frequently than once each year; and

(3)

To hear and decide all matters upon which it is required to consider under this chapter.

(b)

Meetings and rules. All meetings of the plan commission shall be held at the call of the chairperson, and at such time as the plan commission may determine. All hearings conducted by said plan commission under this chapter shall be in accordance with state statutes. In all proceedings of the plan commission provided for in this chapter, the chairperson, and in the chairperson's absence the vice chairperson, shall have the power to administer oaths. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The secretary of the plan commission shall keep minutes of its proceedings, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every amendment and special use, and every recommendation, order, requirement, decision, or determination of the plan commission under this chapter shall be filed in the office of the city clerk and shall be a public record. The plan commission may adopt its own rules and procedures, not in conflict with this chapter or with applicable state statutes.

(c)

Amendments.

(1)

Authority. The regulations imposed and the districts created under the authority of this chapter may be amended from time to time, by ordinance in accordance with applicable statutes of the state. An amendment to this chapter or the zoning district boundary lines shall be granted or denied by the city council only after public hearing before the plan commission and a report of its findings and recommendations has been submitted to the city council.

(2)

Initiation. Amendments may be proposed by the city council, the plan commission, the zoning board of appeals, other governmental bodies, or any resident of or any owner of property within the jurisdictional limits of this chapter.

(3)

Processing.

a.

An application for amendment shall be filed with the city clerk. The city clerk shall forward such application to the plan commission for processing in accordance with applicable statutes of the state and the provisions of this chapter.

b.

Notice shall be given of the time and place of the public hearing, published at least once, not more than 30 days nor less than 15 days before the hearing, in one or more newspapers with a general circulation within the city; and a written notice by the petitioner shall be made, by certified return receipt mail at least 15 days before the hearing, on the owners of the properties located within 250 feet of the location for which the variation is requested.

(4)

Protests. In the case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley or street there from, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the clerk of the municipality, the amendment shall not be passed except by a favorable vote of two-thirds of the aldermen of the city then holding office. In such cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendments and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.

(5)

Decisions. The city council, upon report of the plan commission, and without further public hearing, may make, grant, or deny any proposed amendment in accordance with applicable statutes of the state, or may refer it back to the plan commission for further consideration.

(d)

Special uses.

(1)

Purpose. The development and execution of this chapter is based upon the division of the city into zoning districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use or the particular location. Such special uses fall into two categories:

a.

Uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with a public interest.

b.

Uses entirely private in character, but of such nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(2)

Authority. Special uses shall be authorized or denied by the city council in accordance with the provisions set forth in this chapter for special uses. No application for a special use shall be acted upon by the city council until after:

a.

A written report is prepared and forwarded to the city council by the plan commission in a manner prescribed herein for amendments to this chapter; and

b.

A public hearing has been held by the plan commission after due notice by publication as prescribed herein, for amendments, and the findings and recommendations of the plan commission have been reported to the city council.

(3)

Initiation. An application for a special use may be made by any person, firm or corporation, or by an office, department, board, bureau, or commission requesting or intending to request a building permit or occupancy certificate.

(4)

Processing.

a.

An application for a special use, in such form and accompanied by such information as shall be established from time to time by the plan commission, shall be filed with the city clerk, and therefore processed in the manner prescribed heretofore for applications and amendments.

b.

Notice shall be given of the time and place of the public hearing, published at least once, not more than 30 days nor less than 15 days before the hearing, in one or more newspapers with a general circulation within the city; and a written notice by the petitioner shall be made, by certified return receipt mail at least 15 days before the hearing, on the owners of the properties located within 250 feet of the location for which the special use is requested.

c.

The plan commission shall hold the public hearing and forward its recommendations in the form of a written report, to the city council within 30 days following the date of public hearing on each application, unless it is withdrawn by the petitioner:

1.

That the proposed use at that particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community.

2.

That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or be injurious to property values or improvement in the vicinity.

3.

That the proposed use will comply with the regulations and conditions specified in this chapter for such use, and with the stipulation and conditions made a part of the authorization granted by the city council.

(5)

Protests. In the case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the clerk of the municipality, the amendment shall not be passed except by a favorable vote of two-thirds of all of the council of the city. Any proposed amendment which fails to receive the approval of a majority of the plan commission members and is so reported, shall not be passed by the city council except by a favorable vote of two-thirds of all the aldermen holding offices of the city.

(6)

Decisions The city council, upon report of the plan commission and without further public hearing, may grant or deny any proposed special use in accordance with applicable statutes of the state or may refer it back to the plan commission for further consideration.

(Ord. No. 2001-26, § 1(6-2), 10-8-2001; Ord. No. 2005-20, § 2(6-2), 9-12-2005)

(a)

Jurisdiction and authority. The zoning board of appeals is hereby vested with the following jurisdiction and authority:

(1)

To hear and decide an appeal from an administrative order, requirement, decision, or determination made by the zoning officer under this chapter.

(2)

To hear or decide all other matters referred to it upon which it is required to decide under this chapter.

(3)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the zoning officer, or to decide in favor of the applicant any matter upon which it is required to pass under this chapter.

(b)

Meetings and rules.

(1)

The zoning board of appeals of the city, as heretofore created and established under the provisions of this chapter, as amended, is hereby reconstituted and re-established as the zoning board of appeals under the provisions of this comprehensive amendment. The board shall consist of seven members appointed by the mayor with the consent of the city council. Members of the board shall serve for five-year terms. One of the members of said board shall be designated by the mayor, with the consent of the city council, as chairperson of said board, and shall hold said office as chairperson until a successor is appointed. A second member shall, in like manner, be designated as vice-chairperson to conduct business in the absence of the chairperson.

(2)

Meeting. All meetings of the zoning board of appeals shall be held upon a quorum being present at the call of the chairperson or at such other times as the board may determine. All testimony of witnesses at any hearing provided for in this chapter shall be given under oath. The chairperson, or in the chairman's absence the vice-chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The secretary of the board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating the fact, and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation. Every rule or regulation, every amendment or determination of the board shall immediately be filed in the office of the board and shall be public record. The board may adopt its own rules of procedure not in conflict with the statute in such case made and provided for in this chapter.

(c)

Appeals.

(1)

Authority. The zoning board of appeals shall hear and decide appeals from an administrative order, requirement, or determination under this chapter, made by the zoning officer.

(2)

Initiation. An appeal may be taken to the zoning board of appeals by any person, firm or corporation, or by any office, department, board, bureau, or commission, aggrieved by an administrative order, requirement, decision, or determination under this chapter.

(3)

Processing.

a.

The appeal shall be taken within 45 days of the action complained of by filing with the officer from whom the appeal is taken and with the zoning board of appeals, a notice of appeal, specifying the grounds thereof. Such appeal shall be taken upon forms provided by the zoning board of appeals. The officer from whom the appeal is taken shall transmit to the board all the papers constituting the record upon which the action appealed was taken.

b.

An appeal stays all proceedings in the furtherance of the action appealed from, unless the zoning officer certifies to the zoning board of appeals, after notice of appeal has been filed with the zoning officer that by reason of facts stated in the certificate a stay would, in the zoning officer's opinion, cause imminent peril to life or property. In this event, 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 and on notice to the officer from whom the appeal is taken, and on due causes shown.

c.

The zoning board of appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, or decision, or determination as in its opinion ought to be made in the premises and to that end has all the powers of the officer from whom the appeal is taken.

(d)

Variations.

(1)

Authority. The zoning board of appeals shall decide variations of the provisions of this chapter in harmony with its general purpose and intent, and shall vary them only in the specific instances hereinafter set forth where the zoning board of appeals shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this chapter.

(2)

Initiation. An application for a variation may be made by any person, firm, or corporation, or by an office, department, board, bureau, or commission requesting or intending to request application for a building permit, sign permit, or occupancy permit.

(3)

Processing.

a.

An application for a variation shall be filed with the city clerk. The city clerk shall forward such application to the zoning board of appeals for processing in accordance with applicable statutes of the state and the provisions of this chapter.

b.

All variations shall be decided by the zoning board of appeals after a public hearing before the zoning board of appeals, of which there shall be a notice of time and place of the hearing published at least once, not more than 30 days nor less than 15 days before the hearing, in one or more newspapers with a general circulation within the city; and a written notice by the petitioner is made by certified return receipt mail at least 15 days before the hearing on the owners of the properties located within 250 feet of the location for which the variation is requested, except authorized variations as defined in subsection (d)(5) of this section.

(4)

Standards.

a.

The zoning board of appeals shall not grant variations of the provisions of this chapter, unless it shall have made findings based upon the evidence presented to it in the following cases:

1.

That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;

2.

That the plight of the owner is due to unique circumstances; and

3.

That the variation, if granted, will not alter the essential character of the locality.

b.

A variation shall be granted only if the evidence, in the judgment of the zoning board of appeals, sustains the conditions enumerated above.

c.

For the purpose of supplementing the above standards, the zoning board of appeals, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

1.

That the particular physical surroundings, shape, or topographical conditions of the specific property involved will bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out.

2.

That the conditions upon which the application for variation is based would not be applicable generally to other property within the same zoned classification.

3.

That the purpose of the variation is not based exclusively upon a desire to make more money out of the property.

4.

That the granting of the variation will not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located.

5.

That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood.

d.

The zoning board of appeals may require conditions and/or restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this chapter.

(5)

Authorized variation. Variations from the regulations of this chapter shall be granted by the zoning board of appeals only in accordance with the standards set out in this section, without public hearing, but with proper public notice of meeting, and may be granted only on the following instances, and in no others:

a.

To permit up to 20 percent reduction in the front, side, or rear yard required by this chapter;

b.

To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or width of the lot or lots but in no event shall the respective area and width of the lot be less than 90 percent of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this chapter;

c.

To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week;

d.

To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20 percent of the applicable regulations, whichever number is greater;

e.

To increase, by not more than ten percent, the maximum gross floor area of any use so limited by the applicable regulations;

f.

To extend the period of time a nonconforming use may continue or remain; or

g.

To exceed any of the authorized variations allowed under this section, when a lot of record or a zoning lot, vacant or legally used on May 1, 1990, is, by reason of the exercise of the right of eminent domain by any authorized governmental body or by reason of conveyance under threat of an eminent domain proceeding, reduced in size so that the remainder of said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located.

(Ord. No. 2003-07, § 3, 4-14-2003)

(a)

No building or addition thereto, constructed after the effective date of the ordinance from which this chapter is derived and no addition to a previous existing building shall be occupied, and no land vacant on the effective date of the ordinance from which this chapter is derived shall be used for any purpose, until an occupancy certificate has been issued by the building inspector. No change in a use in any district shall be made until an occupancy certificate has been issued by the building inspector. Every occupancy certificate shall state that the use or occupancy complies with all provisions of this chapter.

(b)

Every application for a building permit shall also be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or building where no building permit is required shall be made to the building inspector.

(c)

No occupancy certificate for a building or addition thereto, constructed after the effective date of the ordinance from which this chapter is derived, shall be issued until construction has been completed and the premises have been inspected and certified by the building inspector to be in full and complete compliance with the plans and specifications upon which the zoning certificate was based. No addition to a previously existing building shall be occupied, and no new use of a building in any district shall be established until the premises have been inspected and certified by the building inspector to be in full compliance with all the applicable standards of the zoning district in which it is located. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six months from its date during the completion of any addition or during partial occupancy of the premises. An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than 14 days after the building inspector is notified in writing that the building or premises is ready for occupancy.

(Ord. No. 2001-26, § 1(6-4), 10-8-2001; Ord. No. 2005-20, § 2(6-4), 9-12-2005)

(a)

Land outside corporate limits. Within any area lying outside the corporate limits of the city and subject to this revised zoning ordinance, no building, structure, or addition thereto, shall be constructed nor shall any land be used for any use different than lawfully existed on September 1, 2002, unless a zoning permit is granted by the zoning officer of the city certifying that the proposed building, structure, or addition thereto and/or the use to which such building, structure, and/or land is to be used complies with the provisions of this chapter.

(b)

Community residence. No building, structure, or addition thereto, shall be constructed nor shall any land or building be used for a community residence (group home or halfway house) for people with disabilities as a permitted use unless a zoning permit is granted by the zoning officer of the city certifying that the proposed building, structure, and/or land to be used complies with the provisions of this chapter.

(c)

Action on application.

(1)

The zoning officer shall examine or cause to be examined all applications for permits and amendments thereto within a reasonable time after filing. If the application and/or the site plan does not conform to the requirements of this revised zoning ordinance, the zoning officer shall reject such application in writing, stating the reasons therefor. If the zoning officer is satisfied that the proposed use and locations of buildings and structures, etc., conforms to the requirements of this chapter, the official shall issue a permit therefore within 15 days of application.

(2)

Further, no zoning permit shall be granted for a community residence unless, at the time of filing the application for such zoning permit, notice of the date of filing the application together with a copy of the application shall have been given in writing by the applicant, by certified mail, return receipt requested, at least 15 days before the date of filing the application, on the owners of properties located within 250 feet of the location for which the permit is requested.

(d)

Signature to permit. The zoning officer's signature shall be attached to every zoning permit, or the zoning officer shall authorize a subordinate to affix such signature thereto.

(e)

Revocation of permit. The zoning officer shall revoke a zoning permit or approval issued under the provisions of this section 98-259 in case of any false statement or misrepresentation of fact in the application or on the plans on which the zoning permit or approval was based.

(f)

Payment of fees. A zoning permit shall not be issued until the fee, if any, has been paid.

(g)

Compliance with Code. The zoning permit shall be a license to proceed with the use and shall not be construed as authority to violate, cancel or set aside any of the provisions of this chapter or any other ordinance, except as specifically stipulated by modification or legally granted variation.

(h)

Compliance with permit. All use of land and buildings and structures shall conform to the approved application and the approved site plan for which the zoning permit has been issued and any approved amendments to the approved application or the approved site plan.

(i)

Compliance with site plan. All new work and uses shall be located strictly in accordance with the approved site plan.

(j)

Preliminary inspection. Before issuing a building permit, the zoning officer shall, if deemed necessary, examine or cause to be examined all lands, buildings, structures, and sites for which an application has been filed for a zoning permit under this section 98-259.

(k)

Required inspection. After issuing a zoning permit, the zoning officer shall conduct inspections from time to time to determine legality of any use for which a zoning permit has been issued. A record of all such examinations and inspections and of all violations of this chapter shall be maintained by the zoning officer.

(l)

Right of entry. The zoning officer shall have the authority to enter at any reasonable time any structure or premises for which a zoning permit has been issued for the purpose of determining compliance with this chapter.

(m)

Construction without zoning permit unlawful. Within any area lying outside the corporate limits of the city or for the establishment of a community residence (group home or halfway house) for people with disabilities as a permitted use, subject to this chapter, it shall be unlawful and a violation of this chapter for any owner or agent thereof, or constructor or person or entity, to establish, construct or commence construction of a building or structure, or addition thereto or establish a use without first obtaining a zoning permit after certifying the proposed use of such building, structure, or addition thereto, or use of such land and a determination by the zoning officer which results in the granting of a zoning permit determining compliance with this chapter for such use or building.

(n)

Issuance of building permit without copy of zoning permit unlawful. Within any area lying outside the corporate limits of the city and subject to this chapter, it shall be unlawful and a violation of this chapter for any building official of any jurisdiction to grant a building permit for the construction of any building, structure, or addition thereto upon such property without first obtaining a copy of the city zoning permit certifying that city use regulations permits the use of the building or structure, or addition thereto sought.

(Ord. No. 2002-15, § 1(6-4.5-1—6-4.5-13), 9-9-2002; Ord. No. 2005-07, § 11(6-4.5-1—6-4.5-13), 4-11-2004)

The city council shall establish a schedule of fees, charges, and expenses for occupancy certificates, appeals, applications for amendments or special use, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the city clerk and may be altered or amended only by the city council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. No. 2001-26, § 1(6-6), 10-8-2001; Ord. No. 2005-20, § 2(6-6), 9-12-2005)

Any person, firm, or corporation, who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall, upon conviction, be fined not less than $100.00 nor more than $750.00 for each offense. Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense.

(Ord. No. 2001-26, § 1(6-8), 10-8-2001; Ord. No. 2005-20, § 2(6-8), 9-12-2005)