(a)

Penalties for violation of this zoning ordinance. Any person violating any of the terms or provisions of this zoning ordinance shall be tried in the city municipal court and, upon conviction, shall be punished as provided in article VI of the Charter. Each day such violation continues shall be deemed a separate offense.

(b)

Additional remedies. Nothing contained in this article shall prevent the city from taking such other lawful actions as are necessary to prevent or remedy any violation, such as injunction, mandamus or other appropriate action.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-59, § 2, 8-20-2001)

This article sets out the structure for administering and enforcing this zoning ordinance, including amendments to the text of this zoning ordinance and the responsibilities and procedures of the planning and zoning director in carrying out enforcement activities.

(Ord. No. 0-00-106, § 2, 12-4-2000)

From time to time, the city council may adopt fees for the submission of applications and such other activities and authorizations as regulated by this zoning ordinance, and may adopt schedules of dates, times and places as appropriate and necessary to regulate the application, review and hearing processes required by this zoning ordinance.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The procedure for proposing a text amendment is as follows:

(1)

Initiation and hearing of text amendment.

a.

The city council by resolution, the mayor individually, the zoning board by majority vote, or any city official designated by the mayor and city council may initiate an amendment to the text of this zoning ordinance, including the adoption of a new zoning ordinance to replace this ordinance in whole.

b.

Before the city council may take final action on a proposed text amendment, the zoning board shall hold a public hearing on the proposal.

(2)

Public notice. At least 15 days, but no more than 45 days, prior to each public hearing, notice shall be published in a newspaper of general circulation within the city. The planning and zoning department shall prepare such notice, which shall state the time, place and purpose of the hearing.

(3)

Zoning board public hearing. The public hearing held by the zoning board for a text amendment shall be conducted in the following manner:

a.

The public hearing shall be convened at the scheduled time and place by the chairperson, the vice-chairperson or the zoning board's designee, who shall act as the presiding official.

b.

The presiding official shall call for each proposed text amendment to be presented to the zoning board.

c.

No person in attendance shall speak unless first formally recognized by the presiding official.

d.

At the public hearing concerning the text amendment, any parties in support of or in opposition to the amendment shall be allowed to present testimony.

e.

For each text amendment, the proponents of the amendment shall have no less than ten minutes for presentation of data, opinions and evidence at the public hearing, and opponents of the amendment shall likewise have a minimum of ten minutes for presentation. The proponents of each amendment shall have a collective maximum of 20 minutes for their presentations, and the opponents of each amendment likewise shall have a collective maximum of 20 minutes for their presentations, unless these time limitations are waived at the discretion of the presiding official.

f.

At the public hearing on the text amendment or at their next regular meeting, the zoning board shall make its recommendation or take such other action as it may deem appropriate.

1.

A motion to recommend approval or denial of an amendment must be approved by an affirmative vote of at least a quorum of the members in order for the motion to be approved.

2.

If a motion to recommend approval of an amendment fails, the amendment is automatically failed, another motion would be in order.

3.

A tie note on a motion re recommend for denial. If a motion to recommend denial of an amendment fails, another motion would be in order.

4.

If no action is taken on an amendment, it will go forward the city council with no recommendation.

(4)

City council public hearing.

a.

The city council shall consider a proposed text amendment at its first or second scheduled meeting following the recommendation of the zoning board.

b.

The presiding official shall call for each proposed text amendment to be presented to the city council.

c.

No person in attendance shall speak unless first formally recognized by the presiding official.

d.

At the public hearing concerning the text amendment, any parties in support of or in opposition to the amendment shall be allowed to present sworn testimony.

e.

For each text amendment, the proponents of the amendment shall have no less than ten minutes for presentation of data, opinions and evidence at the public hearing, and opponents of the amendment shall likewise have a minimum of ten minutes for presentation. The proponents of each amendment shall have a collective maximum of 20 minutes for their presentations, and the opponents of each amendment likewise shall have a collective maximum of 20 minutes for their presentations, unless these time limitations are waived at the discretion of the presiding official.

f.

Hearsay testimony shall not be considered and shall be ruled out of order.

g.

After the public hearing and presentation by the planning and zoning department, action shall be considered by vote of the city council.

1.

A motion to approve or deny an amendment must be approved by an affirmative vote of a majority of the members in attendance in order for the motion to be approved.

2.

If a motion to approve an amendment fails, the appeal or variance is automatically denied. If a motion to deny an amendment fails, another motion would be in order.

3.

In the event of a tie vote, the mayor may cast a vote. If there is a tie vote with the mayor's vote, or in the absence of the mayor on a motion for approval of an amendment shall be deemed a denial of the amendment. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

4.

If no action is taken on an amendment, it shall be considered tabled and action deferred to the next regular meeting of the city council.

h.

In taking action on an amendment, the city council may:

1.

Approve, approve with changes, or deny the proposal;

2.

Table the proposal for consideration at its next scheduled meeting; or

3.

Refer the amendment back to the zoning board for further consideration.

(5)

Standards for text amendments. The zoning board and the city council shall consider the following standards in considering any proposal that would result in a change to the text of this zoning ordinance, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

a.

Is the proposed amendment consistent with the purpose and intent of this zoning ordinance as stated under article I of this zoning ordinance?

b.

Does the proposed amendment further or is it compatible with the purpose and intent of the comprehensive plan?

c.

Is the proposed amendment required to adequately address new or changing conditions or to properly implement the comprehensive plan?

d.

Does the proposed amendment reasonably promote the public health, safety, morality or general welfare?

(6)

Effect.

a.

For a property on which a use, building, structure or other improvements existed in conformity with this zoning ordinance prior to the effective date of a text amendment affecting the property, any such use, building, structure or other improvements no longer in conformance shall be governed under the provisions of nonconforming uses in article I of this zoning ordinance.

b.

Construction of any use, building, structure or other improvements for which a building permit has been issued in conformity with this zoning ordinance prior to the effective date of a text amendment may continue to completion as though no change had occurred and, upon completion, shall be governed under the provisions for nonconforming uses in article I of this zoning ordinance, as applicable.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Enforcement officer.

(1)

The planning and zoning director shall have the power to conduct such investigations as may be deemed reasonably necessary to ensure or compel compliance with the requirements and provisions of this zoning ordinance, and for this purpose to enter at reasonable times upon any property for the purpose of investigation and inspection.

(2)

No person shall refuse entry or access to any authorized representative or agent of the city, the state soil and water conservation commission, the U.S. Army Corps of Engineers, or the state environmental protection division, who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

(b)

Inspection; notice of violation. If the planning and zoning director or designee finds that a provision of this zoning ordinance or a condition of approval established in connection with a grant of a variance or zoning change is being violated, he shall notify the person responsible for such violation, in writing, indicating the nature of the violation and ordering the action necessary to correct it. Upon continuing noncompliance, or initially in the case of an immediate threat to the public health or safety, the planning and zoning director or designee shall have the authority to issue citations and to prosecute violations before a court of competent jurisdiction.

(c)

Cease and desist order. The planning and zoning director shall order the discontinuance of the illegal use of land, buildings or structures; removal or relocation of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of illegal work being done; or shall take any other appropriate or necessary action to ensure compliance with or to prevent violation of the provisions of this zoning ordinance.

(Ord. No. 0-00-106, § 2, 12-4-2000)