No construction, renovation (except repairs, not changing the character of the structure and not exceeding $1,000.00 in cost or value, or painting and wallpapering), reconstruction, or development activity governed by this chapter shall be conducted prior to the issuance of a zoning permit by the enforcement officer. No building materials or temporary structures for construction purposes shall be placed or stored on any lot prior to the issuance of a zoning permit by the enforcement officer.

(Ord. No. 0-231-04, art. VI(§ 1), 3-22-2004)

(a)

Enforcement officer. The provisions of this chapter shall be administered and enforced by an officer of the city as may be designated by the city council. This official shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary in carrying out his duties in the enforcement of this chapter.

(b)

Invalid permits.

(1)

No zoning permit, building permit, certificate of occupancy, or business license, or any other permit or license shall be issued by any city department, official, or employee except in full compliance with this article.

(2)

Any permit or license issued by any city department, official, or employee, where issued in conflict with or violation of any terms of this article or other applicable codes or ordinances, shall hereby be declared null and void.

(c)

Approval of plans and issuance of zoning permit.

(1)

The enforcement officer shall not issue a zoning permit for any proposed construction or development activity until an application and accompanying plans or documentation has been filed and reviewed in conformance with this article. To this end, the enforcement officer shall require that every application for a zoning permit for excavation, construction, use of land, moving, or alteration be accompanied by appropriate documentation of compliance with all other applicable codes, ordinances, and regulations and a map or plat drawn to scale and showing the following in sufficient detail to enable the enforcement officer to ascertain whether the proposed excavation, construction, use of land, moving, or alteration is in conformance with this chapter:

a.

The actual shape, proportion, and dimensions of the lot to be built upon.

b.

The shape, size, and location of all buildings or other structures to be erected, altered, or moved and of any buildings or other structures already on the lot.

c.

The existing and intended use of all such buildings or other structures.

d.

The setback and side lines of buildings on adjoining lots and such other information concerning the lot or the adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

e.

The locations of all existing zoning district boundaries that apply to the lot.

(2)

Where a zoning permit application for a multifamily development containing in excess of 20 units, a commercial or institutional use building containing in excess of 15,000 square feet of gross floor area, or an industrial use building containing in excess of 50,000 square feet of gross floor area has been submitted, the applicant may be required by the enforcement officer to submit a special traffic impact study for review and consideration by the planning commission prior to approval of a zoning permit. The preparation cost of said traffic impact study shall be borne by the applicant. The traffic impact study shall determine the number of average daily vehicle trips and peak hour trips that will be generated by the proposed development (according to the latest edition of the Institute of Transportation Engineers' Trip Generation Manual) and assess the impacts that these trips will have on traffic volumes on all streets providing access to the development and the resulting impacts on the peak hour level of service for all impacted major intersections identified by the enforcement officer and/or city engineer. The study shall be prepared by a qualified consultant approved by the planning commission. The purpose of the study and review by the planning commission shall be to determine the adequacy of the surrounding street network to safely accommodate potential traffic generated by the proposed development, as well as the need for special restrictions on the scale or intensity of the development, the need for special conditions of approval, which may include special curb cut requirements, special restrictions on access to the development site from affected streets, special traffic controls at the main entrance to the development site, and the construction of special acceleration or deceleration lanes at the entrance to the development site.

(3)

If the proposed excavation, construction, moving, or alteration as set forth in the application are in conformity with the provisions of this chapter and other city codes, the enforcement officer shall issue a zoning permit accordingly. The issuance of a zoning permit shall, in no case, be construed as waiving any provision of this chapter.

(4)

If the application is rejected, the enforcement officer shall state in writing on the application the reason for rejection.

(5)

Any zoning permit granted under this section shall become null and void within one year from the date of issuance of the permit, if no construction work has been initiated on the site for which the permit was issued. Exceptions may be made if the proposed development or construction has been delayed due to inclement weather or some natural disaster beyond the control of the applicant. The building official or enforcement officer shall make every reasonable effort to notify a holder of a building permit which is liable for voiding action before voidance is actually declared.

(d)

Certificate of occupancy required.

(1)

No land/or building or other structure or part thereof hereafter constructed, moved, or altered in accordance with a zoning permit shall be occupied until the enforcement officer has issued a certificate of occupancy stating that such land/or structure or part thereof is found to be in conformity with the provisions of this chapter.

(2)

Within three regular business days after the owner or his agent has notified the enforcement officer that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the enforcing officer to make final inspection of the development site, and to issue a certificate of occupancy if the building or premises or part thereof is found to conform with the provisions of this chapter and other city codes.

(3)

If a certificate of occupancy is denied, the enforcement officer shall state in writing the reason for rejection.

(Ord. No. 0-231-04, art. VI(§ 2), 3-22-2004)

(a)

Temporary uses, as set forth in this section, are declared to possess characteristics which require certain controls in order to ensure compatibility with other uses in the districts within which they are proposed for location. The enforcement officer is authorized to issue a temporary certificate of zoning compliance for any of the following temporary uses:

(1)

Carnival, circus, or fair in any commercial district, for a period not to exceed 21 days, subject to the approval of the city council.

(2)

Religious meeting in a tent or other temporary structure in any district, for a period not to exceed 60 days.

(3)

Open lot sale of Christmas trees in any district, for a period not to exceed 45 days.

(4)

Real estate sales office in any district, for a period not to exceed one year, provided that such office is placed on the property to which it is appurtenant.

(b)

All temporary certificates of zoning compliance may be renewed, provided that it is determined that said use is clearly of a temporary nature, will cause no traffic congestion, and would not create a nuisance to surrounding uses.

(Ord. No. 0-231-04, art. VI(§ 3), 3-22-2004)

Where a violation of the requirements of this chapter has been identified, either by complaint or by city staff inspection, the following procedures shall be followed:

(1)

Investigation. If a complaint is received regarding an alleged violation of this chapter, the zoning enforcement officer shall investigate the complaint and document the extent of the violation.

(2)

Initial notification of violation. Once a violation has been confirmed and documented by investigation, the zoning enforcement officer shall issue a stop work order (if applicable) and/or prepare a letter to the owner of record of the property stating the nature of the violation, the date that the violation was verified, and requiring that the property owner cure the violation within a specified number of days from the date that the letter was mailed. The deadline for correction of the violation shall be established by the zoning enforcement officer with due consideration and respect for the nature of the violation, the amount of work necessary to correct the violation, and the need for expeditious remedy of the violation to prevent undue public impacts. However, in no instance shall the deadline for correction of the violation be less than 15 days nor more than 30 days from the date that the letter was mailed. The letter also shall state that the owner must correct the violation, or the city will issue a citation. Finally, the letter shall afford the offending property owner an opportunity to schedule a meeting with the zoning enforcement officer within five business days to discuss objections to the violation or to make special arrangements to cure the violation. Such notification letter shall be sent to the property owner via certified mail, return receipt requested. The city may, at the discretion of the zoning enforcement officer, send a copy of the letter to the developer or tenant of the property (as the case may be) by first class mail.

(3)

Re-inspection. The zoning enforcement officer shall, at the expiration of the prescribed deadline for correction of the violation, re-inspect the property for compliance with the notification of violation.

(4)

Notice of citation. If, upon re-inspection, the zoning enforcement officer confirms that the violation has not been cured as ordered, the zoning enforcement officer shall prepare a notice of citation, which shall be sent to the offending property by certified mail, return receipt requested. The notice shall state the date upon which the initial violation was confirmed, the nature of the violation (including references to the specific code provisions that have been violated), the required corrective measures, the dates upon which the initial notification of violation was sent and received, the time frame afforded to the property owner for correction of the violation, the date that the failure to correct the violation was confirmed, and the amount of the applicable fine, which shall be calculated from the date of citation and full payment of which shall constitute an additional remedial action for correction of the violation. The notice also shall require the property owner to fully correct the violation within ten days of the date of citation, or the owner will be required to appear before the municipal court, at a time and date to be determined by the municipal court, to answer the charge of violation as explained in the notice of citation.

(5)

Court action. If the zoning enforcement officer confirms that the violation has not been cured within the time frame specified in the notice of citation, the zoning enforcement officer shall file a written complaint for relief of the violation with the municipal court.

(Ord. No. 0-231-04, art. VI(§ 4), 3-22-2004)