(a)

Establishment of office. There is established the office of zoning administrator.

(b)

Duties of zoning administrator. The administrator shall properly administer and enforce this article. In addition to and in furtherance of the authority, the administrator shall:

(1)

Receive, review, analyze, and develop written reports on all applications for development permits, certificates of occupancy, appeals, variances, amendments, or other development matters.

(2)

Serve as an ex officio non-voting member of the plan commission and board of appeals.

(3)

Issue development permits and certificates of occupancy when the requirements of this article have been met, and make and maintain records thereof.

(4)

Coordinate official development review processes among governmental offices to the extent feasible.

(5)

Conduct inspections to determine compliance with the terms of this article and to take remedial action when required.

(Prior Code, § 17.02(1))

(a)

Filing. A request to undertake development shall be filed on an official application form.

(b)

Plans with applications. Every application for a development permit shall be filed with the zoning administrator and be accompanied by a fee, legal description, and by plans in triplicate drawn to scale showing the actual shape and dimensions of the subject parcel; reference sketch of site location to two intersecting streets; the exact location, nature, dimensions, and elevations of the existing and proposed development; the proposed occupancy (if applicable), with dimensioned and numbered parking spaces; and such other information as may be necessary for the enforcement of this article when requested by the zoning administrator.

(c)

Approved plan. One copy of the plans shall be returned to the developer when such plans have been approved, together with the conditions of the approval, the signature of the zoning administrator, and any development permit as may be granted. One copy of the plans, similarly marked, shall be retained by the zoning administrator as a permanent record or until such time as the development no longer occupies the subject parcel.

(d)

Zoning administrator to act. The zoning administrator shall act upon all applications for development permits promptly. Within 15 working days of the time the application is filed in full compliance with the applicable requirements, the zoning administrator shall either issue the permit, notify the applicant in writing of his refusal and reasons thereof, set a hearing date, if one is required, or refer the application to the plan commission as is appropriate for the type of action requested.

(e)

Issuance of permits. The zoning administrator shall issue a development permit if he finds that the development for which the permit is sought constitutes a general development permitted by this article or a conditional use has been approved by the common council.

(f)

Effect of permit. The issuance of a development permit authorizes the developer to commence development immediately upon giving of notice by the city, but subject to any lawful conditions attached by the common council. A development permit does not authorize occupancy.

(g)

Expiration of a permit. If the work described in any development permit has not begun within six months from the date of issuance, or if the work lies idle for a period of six months or more, or if the work has not been substantially completed in one year of the date of permit issuance thereof, such permit shall expire; it shall be revoked by the zoning administrator and written notice thereof shall be given to the persons affected. Such notice shall indicate further work as described on the canceled permit shall not proceed unless a new permit is issued.

(h)

Demolition. In such an event that the work described in any development permit has begun but has not been substantially completed within one year of the date of issuance of a permit or if work has begun without proper development permit, the zoning administrator may order demolition of partially completed work.

(i)

Permits must conform to be valid. All officials and employees of the city vested with the duty or authority to issue permits or licenses shall comply with the provisions of this article and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this article. Any permit or license issued in conflict with the provisions of this article shall be null and void and of no effect whatsoever.

(j)

General development permits subject to conditions. The zoning administrator may attach to a general development permit conditions relating to:

(1)

Compliance with the plans and specifications submitted by the developer to the zoning administrator.

(2)

Time within which the developer must be commenced or completed.

(3)

Protective measures that a developer must undertake for the benefit of neighboring property, such as the construction of fencing or establishment of buffer areas.

(k)

Conditional use and PUD permit conditions. The common council may attach to a conditional use and planned unit development permit conditions that may concern any matter subject to regulation under this article including means for:

(1)

Minimizing any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities that may be conducted.

(2)

The sequence of development, including when it must be commenced and completed.

(3)

Controlling the duration of use of development and the time within which any structures must be removed.

(4)

Ensuring that development is maintained properly in the future.

(5)

Designating the exact location and nature of development.

(6)

Establishing more detailed records by submission of drawings, maps, plats, or specifications.

(Prior Code, § 17.02(2))

(a)

Required. It shall be unlawful to use, occupy or permit the occupancy of any building or parcel or both, or part thereof until a certificate of zoning compliance shall have been issued therefor by the zoning administrator stating the proposed use conforms to the requirements of this article. The certificate shall state that the development complies with all city building, housing and health laws, and this article. Any lawful conditions of occupancy shall be attached to or referred to on the certificate.

(b)

Application and records. A certificate of zoning compliance shall be applied for coincident with an application for a development permit from the zoning administrator. The zoning administrator shall issue the certificate within ten days after finding that the development is in full compliance with this article and after the inspector determines that the development is in compliance with city building, health and housing codes. The zoning administrator shall maintain records of all certificates of zoning compliance and a copy shall be furnished upon request to any person upon payment of a reasonable fee.

(c)

Temporary certificate. A temporary certificate may be issued for a period not to exceed six months during alterations or partial occupancy of a building, or pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the developer or the city, and shall not be issued except under such restrictions as shall adequately ensure the safety of the occupants.

(Prior Code, § 17.02(3))

(a)

Notification. Upon finding that any of the provisions of this article are being violated or upon finding a condition which may lead to a violation, the zoning administrator shall notify in writing the person responsible for such violation or condition, ordering the action necessary to correct such condition or violation. The zoning administrator may order discontinuance of illegal uses of structures and land and order removal of illegal structures or additions, or may order discontinuance of illegal work being done. Further, the zoning administrator may take any other action authorized by this article to ensure compliance with or to prevent violations of this article, including, but not limited to, calling upon the city attorney to institute legal proceedings and calling upon the police chief for assistance.

(b)

Resumption of work. When any work shall have been stopped for any reason whatsoever, it shall not again be resumed until the reason for the work stoppage has been completely removed and written approval to proceed has been received from the zoning administrator.

(Prior Code, § 17.02(4))

(a)

Application and permit fees. Fees for zoning amendments, conditional uses, development permits, certificates of zoning compliance, appeals and other types of administrative permits and procedures required by this article may be set by the common council. Such fees shall cover the costs of administering this article.

(b)

Review costs. The zoning administrator or plan commission may request the city engineer, city attorney, city planner, or other consultant or expert to review applications for development permits or other types of permits required by this article. The cost of all such reviews shall be borne by the applicant. The city reserves the right to require an escrow account be established for the purpose of providing funds for anticipated review costs.

(c)

Fee schedule:

(Prior Code, § 17.02(5))

(a)

A board of appeals is established. The board of appeals shall consist of five members appointed by the mayor subject to confirmation of the common council for terms of three years, except that of those first appointed, one shall serve for one year, two for two years, and two for three years.

(b)

The members of the board shall receive compensation as set by the common council, if called at the request of an appellant, and shall be removable by the mayor for cause upon written charges and after public hearing.

(c)

The mayor shall designate one of the members as chairperson.

(d)

Vacancies shall be filled for the unexpired terms of members whose terms become vacant.

(e)

The mayor may appoint, for staggered terms of three years, two alternate members of the board, in addition to the five members above provided for. Annually, the mayor shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the board refuses or is absent. The above provisions, with regard to removal and the filling of vacancies, shall apply to such alternates.

(Prior Code, § 17.02(6)(a))

Meetings of the board shall be held at least once a month, unless there is nothing to come before it. There shall be a fixed place of meeting, and all meetings shall be open to the public. The board shall adopt its own rules of procedure and keep a record of its proceedings, showing the action of the board and vote of each member upon each question considered. The presence of four members shall be necessary to constitute a quorum. Special meeting shall be called by the chairperson.

(Prior Code, § 17.02(6)(b))

The board of appeals shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto.

(2)

To hear and decide special exceptions to the terms of this division upon which the board is required to pass.

(3)

To authorize upon appeal in specific cases such variances from the terms of the chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial judge done. The board may not permit as a variance any use that is not permitted under the chapter for property in the zone where the affected person's land is located.

(Prior Code, § 17.02(6)(c))

The zoning administrator shall review the evidence of an appeal or request for variance and make a report of facts to the board within seven days of the request.

(Prior Code, § 17.02(6)(d))

The board shall make no decisions except in a specific case and after a public hearing conducted by the board. Nothing herein contained shall be construed to give or grant to the board the powers or authority to alter or change the zoning code or the zoning map or to permit the establishment of a nonconforming use. No member of the board shall hear or vote upon an appeal or variance in which he is directly or indirectly interested in a personal or financial way.

(Prior Code, § 17.02(6)(e))

(a)

The board shall fix a reasonable time for a public hearing by publication in the official newspaper at least ten days prior to the hearing, as well as written notice to the chairperson of the plan commission and appellant. In the matter of hearings for variance, the city clerk shall send by regular mail, at least ten days before the date of the hearing, written notice of the hearing to the owners of record listed in the best available records, of all lands for which the variance is requested and all lands wholly or partly within 100 feet of the other perimeter of the subject property.

(b)

At the hearing, any party may appear in person or through an agent or attorney. The board shall decide the application for variance or appeal within a reasonable time not to exceed 30 days.

(Prior Code, § 17.02(6)(f))

The concurring vote of the four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this division or to affect any variation in this division. The grounds of every determination shall be stated.

(Prior Code, § 17.02(6)(g))

The board shall decide all appeals and requests for variance within 30 days after the date of the required hearing thereon. A certified copy of the board's decision shall be transmitted to the applicant and to the zoning administrator. Such decisions shall be binding upon the zoning administrator and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the board.

(Prior Code, § 17.02(6)(h))

Permits for the occupancy of land or construction, reconstruction, or occupancy of buildings approved by the board of appeals shall be void after one year from the date of the approval unless, in cases of new construction, work shall be done above the foundation walls, and in cases of occupancy of land or reconstruction or occupancy of buildings, the operations called for by such permit shall be well under way at the end of the one-year period.

(Prior Code, § 17.02(6)(i))

Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the zoning administrator. Such appeal shall be taken within 30 days by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(Prior Code, § 17.02(6)(j))

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application of notice to the officer from whom the appeal is taken and on due cause shown.

(Prior Code, § 17.02(6)(k))

In exercising the above-mentioned powers, such board may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination appealed from as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken and may issue or direct the issue of a permit.

(Prior Code, § 17.02(6)(l))

(a)

Initiation. A request for variance shall be made to the city clerk on an official application form furnished by the zoning administrator.

(b)

Findings required. No variance from the terms of this chapter shall be authorized unless all of the following facts and conditions exist:

(1)

Exceptional circumstances. That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties or classes of uses in the same zoning district.

(2)

Natural causes. That the alleged difficulty or hardship has not resulted from the actions of the applicant.

(3)

Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity including, but not limited to, the use of solar energy systems.

(4)

Absence of detriment. That the authorizing of the variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this division or the public interest.

(5)

General nature. No variance shall be authorized unless the board specifically finds that the condition, situation, or intended use of the subject property is not so general or recurrent in a nature as to make reasonably practicable the formulation of a general regulation to cover such cases.

(6)

Minimum variance required. The board shall find that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. The board shall be satisfied by the evidence heard before it that the granting of the variance will alleviate a hardship approaching confiscation as distinguished from a special privilege sought by the owner.

(c)

Subject to conditions. In granting any variance under the provisions of this section, the board of appeals shall designate such conditions that will secure substantially the objectives of the regulations or provisions in the application of which the variance is granted as to light, access to direct sunlight for solar energy systems, air, character of the neighborhood, conformity to the master plan, and generally, the public health, safety, comfort, convenience, and general welfare.

(d)

Variances void after one year. If an applicant fails to act on a variance granted within six months of the date the variance was approved, the variance shall be null and void.

(Prior Code, § 17.02(7))

(a)

Authority of council. Whenever the public necessity, convenience, general welfare or good zoning practice require, the common council may by ordinance, after recommendation thereon by the plan commission, amend the regulations or change the zoning map. The plan commission shall submit to the common council its recommendations regarding all applications for amendments or changes within 60 days after referral to the plan commission.

(b)

Initiation of amendment. An amendment or change may be initiated by motion of the common council, by motion of the plan commission, or, in the case of district boundary changes or uses, by filling an application therefor by owners of 50 percent or more of the area of the properties proposed to be changed.

(c)

Application for amendment. Application for any change of district boundaries or uses shall be submitted to the zoning administrator, with a copy to the clerk, upon such forms and accompanied by such data and information as is needed to ensure the fullest practicable presentation of facts, as required by the plan commission.

(d)

Notification of public hearing on amendment.

(1)

Before submitting its recommendations on any amendment to the regulations or change in the zoning map to the common council, the plan commission shall hold at least one public hearing thereon pursuant to a Class II notice.

(2)

When an amendment involves changes in district boundaries or classification, the zoning administrator shall send by regular mail at least ten days before the date of the hearing, written notice of the hearing to the owners of record as listed in the best available records, of all lands proposed to be changed and all lands situated wholly or partly within 100 feet of the other perimeter of the subject property.

(e)

Plan commission recommendation. The plan commission shall review the proposed amendment to the regulations or change in district boundaries or uses and render a decision thereon analyzing the advantages and disadvantages of the proposal, based on the facts and circumstances, the comprehensive guide plan, and other information. The plan commission shall transmit a written recommendation to the common council.

(f)

Final action by council. After reviewing the recommendation of the plan commission thereon, the common council shall consider such recommendations and, if it decides to proceed, shall instruct the city attorney to prepare an ordinance for subsequent adoption by the common council of the proposed amendment. If the common council so desires, it may order a second public hearing before the common council pursuant to a Class I notice.

(g)

Waiting period between petitions. A denial of rezoning shall be a final determination for a period of one year that the development will not be permitted unless the common council's order includes leave to amend. After the expiration of the one-year period, a developer may make a new application for the same amendment.

(Prior Code, § 17.02(8))

(a)

Remedies.

(1)

In the case of any violation of this division or any amendment or supplement thereto, any person aggrieved by such action may request the common council or zoning administrator to act in his behalf to prevent unlawful development; to restrain, correct, or abate such violations; to prevent the occupancy of a building, structure or land; or to prevent any illegal act, conduct, business, or use in or about such premises. Such procedure shall not limit taking action in a court of law.

(2)

Any building or structure erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this division, and any use of any land or building which is conducted, operated, or maintained contrary to the provisions of this division shall be and the same is declared to be unlawful and the city attorney, shall, immediately upon any such violation having been called to his attention by the zoning administrator, institute injunction, mandamus, abatement, or any other appropriate action to prevent, enjoin, abate, or remove such erection, construction, reconstruction, alteration, conversion, maintenance, or use. Such action may also be instituted by any property owner who may be especially damaged by a violation of this division.

(b)

Penalties. Any person who shall violate any of the provisions of this division shall, upon judgment or conviction thereof, forfeit not more than $500.00 and not less than $50.00 and the costs of prosecution to the city. In default of payment of the forfeiture and such costs of prosecution, shall be imprisoned in the county jail until such forfeitures and such costs are paid but for not more than 30 days. Each day that a violation is permitted to exist shall constitute a separate offense. In any such action, the fact that a permit shall have been issued by any city official or department shall not constitute a defense, nor shall any oversight on the part of any public official, board, or department constitute a defense.

(Prior Code, § 17.02(9))