The regulations set by this title within each zoning district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:

(1)

No building or land shall be used except for a purpose and in the manner permitted in the zoning district in which the building or land is located and in accordance with the chart of regulations set out in this title. Exceptions to this are those lands that are rezoned to other zoning districts that would render existing structures incompatible with the new zone. Existing structures must meet all current building codes pertaining to the new zoning district, without exception. No variance will be allowed from the code requirements or the chart of regulations except by applicable process as provided for in this title.

(2)

Every building hereafter erected or structurally altered shall be located on a lot and in no case shall there be more than one (1) main building on one (1) lot except as otherwise provided in this title.

(3)

No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of this title.

(4)

The provisions of these regulations shall be considered the minimum requirements for the promotion of the public health, safety, morals, comfort and welfare. Where provisions of the regulations of this title impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of the regulations of this title shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this title, the provisions of such statute, other ordinance or regulation shall be controlling.

It shall be the duty of the city planner and staff designated by the governing authority to administer and enforce the regulations contained in this title.

(a)

In case any building or structure is erected, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the proper authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of the building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

(b)

Any person, firm or corporation who shall knowingly and willfully violate the terms, conditions, or provisions of this title, or fails to maintain any approved plans shall be considered in violation of this title and will be subject to fines according to state law, imprisonment up to thirty (30) days, stop work orders for development and/or a revocation of privilege licensing and certificate of occupancies.

(Res. of 10-6-20(7))

The governing authority shall have the authority to amend, modify or repeal by amend the text or map of this title in accordance with the provisions of this section.

(1)

Procedure. A proposed change of a zoning district or of text may be initiated by the planning commission, governing authority, or by application of one (1) or more owners of property within the area proposed to be changed.

a.

The governing authority may propose amendments by forwarding its written proposal, which shall set forth the purpose and reason for such proposed amendment, to the planning commission for processing in accordance with the procedure set forth in this section.

b.

The planning commission may make written proposals for amendments which shall set forth the purpose and reason for such proposed amendment, and which shall be processed in accordance with the procedure set forth in this section.

c.

The owner or other person having a contractual interest in the property to be affected by a proposed amendment shall file an application with the office of planning and development, which application shall be accompanied by a nonrefundable fee established by the governing authority.

d.

An applicant for amendment of the zoning district map shall have the responsibility to demonstrate the appropriateness of the change and shall do so by demonstrating the following:

1.

How the proposed amendment would conform to the comprehensive plan;

2.

Why the existing zone district classification of the property in question is inappropriate or improper; and

3.

What major economic, physical or social changes, if any, have occurred in the vicinity of the property in question that were not anticipated by the comprehensive plan and have substantially altered the basic character of the area, which make the proposed amendment to the zoning district map appropriate.

Further, such applicant shall:

4.

List such changes;

5.

Describe how such changes were not anticipated by the comprehensive plan;

6.

Describe how such changes altered the basic character of the area;

7.

Describe how such changes make the proposed amendment to the zoning district map appropriate.

e.

Any proposed amendments, modification or repeal shall be first submitted to the planning commission for its recommendations and report and the planning commission shall hold a public hearing thereon.

f.

The planning commission shall make its recommendation on such request for any amendment, modification or repeal to the governing authority, and the governing authority shall proceed to hold a public hearing in relation thereto after giving fifteen (15) days' notice of the hearing in an official newspaper specifying the time and place for the hearing.

g.

The governing authority may refer the application back to the planning commission for additional study before final decision; however, no notice other than for the first public hearing need be given.

(2)

In case of an adverse report by the commission or in case of a protest against such change signed by the owners of twenty (20) percent or more either of the lots included in such proposed change or of those immediately adjacent to the rear thereof, extending one hundred sixty (160) feet therefrom, and of those directly opposite thereto, extending one hundred sixty (160) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of two-thirds (⅔) of the governing authority.

(a)

The city hereby institutes a temporary moratorium on multi-family residential development in the city and during this moratorium the city office of planning and development shall not accept or review any applications for any multi-family residential development because the multiple family residential category of housing in the city is not in compliance with the City's Comprehensive Plan.

(b)

The temporary moratorium on multi-family residential development shall continue while the city completes a review of the City Zoning Ordinance and City's Comprehensive Plan and further analyzes and reviews the current status and quality of multi-family residential development as part of the housing inventory for the city.

(c)

The city board of aldermen, by majority vote, may terminate the moratorium for multi-family residential by repeal of this section of the ordinance.

(d)

That all provisions of the ordinances of the city in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of the ordinances of the city not in conflict with the provisions of this ordinance shall remain in full force and effect.

(e)

That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole.

(Res. of 5-20-14)