The provisions of this appendix shall be administered and enforced by the building official of the engineering and inspections department of the city. He may be provided with the assistance of such other person or persons as the city council may direct. The building official, or the duly authorized representative, shall in relation to this appendix:

A.

Review all building permit applications and proposed plans and perform inspections for compliance with all applicable provisions of city ordinances and adopted codes.

B.

Issue all building permits and maintain records thereof.

C.

Issue all certificates of occupancy and maintain records thereof.

D.

Issue and renew where applicable all temporary use permits and maintain records thereof.

E.

Have the right to enter upon any premises at any reasonable time for the purpose of making inspections of land or structures necessary to carry out the enforcement of city ordinances and adopted codes. If the building official shall find that any of the provisions of these ordinances or codes are being violated, he shall proceed to notify in writing the persons responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; and shall take any other action authorized by city ordinances to bring the use into compliance with or to prevent violation of their provisions.

(Ord. No. 2023-004-PZ, 4-25-23)

A building permit is required for any and all construction and related activities within the city. It shall be unlawful to engage in any of the following prior to the issuance of a building permit by the engineering and inspections department:

A.

Commence earthwork,

B.

Commence construction of any building or other structure, including accessory structures or signs,

C.

Store building materials or erect temporary field offices,

D.

Commence the moving, alteration or repair of any structure (excluding minor repairs which do not change the character or value of the structure).

(Ord. No. 2023-004-PZ, 4-25-23)

Each permit application shall be completed in full and submitted on the appropriate city forms. The application for a building permit for the use of land, excavation, construction, moving or alteration shall be accompanied by the appropriate fee, a site development plan or plat drawn to scale, and showing the following in sufficient detail to enable the building official of the city to ascertain whether the proposed excavation, construction, use of land, moving or alteration is in conformity with the article. In addition, the permit application must include the following:

A.

Certificate of approval of sanitary waste disposal facilities issued by the appropriate administrative agencies.

B.

Any permits, certificates or approvals which may be required by federal, state, county, or local law or regulation, such as a stormwater permit, etc.

C.

The location, size, and dimensions of the site.

D.

The use, location, size, and height of all existing and proposed structures on the site.

E.

The location and number of parking spaces.

F.

All easements and rights-of-way.

G.

The setback and side lines of buildings on adjoining property, and other information concerning the lot or adjacent property as may be required to determine conformance with the provisions of this appendix.

H.

The location and dimensions of all exterior graphic displays.

I.

The location, dimensions, area, and character of all required buffers and greenbelts.

J.

Landscape plan.

K.

A certification of the current zoning of the property for which the permit is to be issued.

Upon receipt of all documentation and information as specified above, the building official shall have a reasonable time for review and approval of said application.

(Ord. No. 2023-004-PZ, 4-25-23)

Within three days after the owner or his agent has notified the engineering and inspections department of the city that a building or premises or part thereof is ready for occupancy or use, the building official should conduct a final inspection, and issue a certificate of occupancy if the building or premises or part thereof is found to conform with the provisions of city ordinances and adopted codes. If such certificate is refused, the official shall provide the owner or his agent with written reasons for said refusal. One copy of the signed certificate of occupancy, a signed statement by the owner or his agent regarding the intended use of the premises, and a signed refusal, if any, shall be maintained in the office of the building official. appeals from the building official shall be heard by the board of zoning adjustment.

(Ord. No. 2023-004-PZ, 4-25-23)

Where uncertainty exists as to the boundaries of any district shown on the zoning map the following rules shall apply:

A.

Where boundaries are indicated as approximately following street and alley lines or land lot lines, such lines shall be construed to be such boundaries.

B.

In unsubdivided property or tracts where a district boundary divides a lot, the location of such boundaries, unless same are indicated by dimensions, shall be determined by the use of the scale appearing on such maps.

C.

Where boundaries are approximately parallel to public right-of-way lines, such boundaries shall be construed as being parallel thereto.

(Ord. No. 2023-004-PZ, 4-25-23)

This appendix recognizes the limitations of the district use listings, given the infinite variations of essentially similar uses. Therefore, the building official is empowered to make interpretations so as to classify any questioned use within a listed use of most similar impact and characteristics. Appeal of the building official's use interpretation may be filed with the board of zoning adjustment.

(Ord. No. 2023-004-PZ, 4-25-23)

In the event the building official finds a new or unusual use that cannot appropriately fit a listed use in any district, the following procedures shall be followed:

(1)

If compatible with the existing zoning district intent, the unclassified use may be permitted by special exception upon approval and subject to the conditions set by the board of zoning adjustment.

(2)

If the unclassified use would not be compatible with the existing zoning district intent, the building official shall determine the most appropriate district classification and require the property in question to be rezoned. In addition, the unclassified use may be permitted in the new district by special exception if granted approval by the board of zoning adjustment.

(3)

Following the final action on the unclassified use, the planning and zoning board shall initiate an amendment to this ordinance to list the newly permitted use into the most appropriate district or districts.

(Ord. No. 2023-004-PZ, 4-25-23)

Any building permit under which no construction work has been commenced within six months from the date of issuance, or where work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced, shall expire by limitation. Upon reapplication to the building official, a building permit which has expired by limitation may be renewable, subject to the provisions of all ordinances in force at the time of said renewal. In no event shall any permit be renewed more than one time.

(Ord. No. 2023-004-PZ, 4-25-23)

Any uses of land or dwellings, construction or alteration of buildings or structures including tents, trailers, coaches or uses erected, altered, razed or converted in violation of any of the provisions of this appendix are hereby declared to be a nuisance per se. The building official may petition the applicable court to abate the nuisance created by such unlawful use or structure. Whenever the building official has declared a structure to be nonconforming with the requirements contained in this appendix, the owner or occupant may be required to vacate such structure or premises until such structure or premises has been adapted to conform with the provisions of this appendix.

(Ord. No. 2023-004-PZ, 4-25-23)

It shall be unlawful to erect, construct, reconstruct, alter, maintain, use or occupy any land in violation of any regulation in, or of any provision of, this appendix, or any amendment thereof. Any person, firm, corporation, or entity violating this appendix shall be guilty of a misdemeanor, punishable as provided in state and local law. Each and every day during which said violation continues shall be deemed a separate offense. Provided, however, that prior to any criminal prosecution the building official or his agent shall give a written notice of citation to the person, firm, corporation, or entity violating any provision of this appendix stating violation and notifying the person, firm, corporation, or entity to cease and desist such violation immediately. The continuance of a violation and the imposition of any fine shall not constitute an exemption from compliance with the provisions of this appendix.

(Ord. No. 2023-004-PZ, 4-25-23)

If any building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this appendix, the building official of the city, other appropriate authority, or any adjacent or neighboring property owner who would be damaged or caused hardship by such violation, may initiate injunction, mandamus, or other appropriate action or proceeding to stay or prevent said unlawful violation, to correct or abate violations or to prevent occupance [occupancy] of such building, structure or land. The availability of said remedies will not limit any other legal remedies available to the party.

(Ord. No. 2023-004-PZ, 4-25-23)

12.1

Appointment. A board of adjustment is hereby established. Such board shall be appointed as provided by state law, and shall have all powers granted therein.

12.2

Procedure. The board of adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this appendix. Meetings shall be held at the call of the chairman, or in his absence, the acting chairman, and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record.

12.3

Powers and duties. The board of zoning adjustment shall have the powers and duties as provided in state law to decide requests for administrative review, special exception uses, and variances that will not be detrimental to the public good or impair the purposes and intent of this appendix.

12.4

Administrative review. The board of zoning adjustment may hear and decide appeals upon written application and payment of an application fee where it is alleged there is error in any order, requirement, decision, or determination made by the building official or other duly authorized official (administrative official) in the enforcement of this appendix or any amendment thereto.

12.5

Appeals—How taken. Appeals to the board of adjustment may be taken by any persons aggrieved or by any officer, department, or board of the municipality affected by any decision of the administrative official. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the administrative official and with the board of adjustment a notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers constituting the record upon which the action appealed was taken.

The board of adjustment shall fix a reasonable time for hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. The owner must personally attend the hearing or may choose to be represented by his agent or attorney.

12.6

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the building official from whom the appeal is taken certifies to the board of adjustment that a stay would, in his opinion, cause imminent peril to life and property. In such cases, the proceedings shall not be stayed other than by a restraining order issued by the board of adjustment or by an appropriate court on application with notice to the building official from whom the appeal is taken and on due cause shown.

12.7

Special exceptions. The board of zoning adjustment may hear and decide special exceptions as specifically authorized by this appendix, to determine whether special exceptions should be granted, and to grant special exceptions, to impose such conditions and safeguards as are appropriate under this appendix, or to deny special exceptions when not in harmony with the purpose and intent of this appendix. A special exception shall not be granted by the board of adjustment unless and until:

A.

A written application for a special exception is submitted indicating the section of this ordinance under which the special exception is sought and stating the grounds on which it is requested, along with an application fee.

B.

A public hearing has been held, notice of which has been provided by first class mail to the owner of the property for which special exception is sought (or his agent) and to the owners of all adjoining property, at least five days prior to the public hearing. The owner must personally attend the hearing or may choose to be represented by his agent or attorney.

C.

The board of adjustment has made a finding that it is empowered under the section of this appedix described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

D.

In granting any special exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this appendix. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this appendix and punishable as prescribed in this appendix. The board of adjustment may prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit shall void the special exception.

12.8

Variances. The board of zoning adjustment may authorize upon appeal in specific cases such variance from the terms of this appendix as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this appendix would result in unnecessary hardship, and so that the spirit of the appendix shall be observed and substantial justice done.

A.

A variance from the terms of this appendix shall not be granted by the board of adjustment unless and until a written application for a variance plus an application fee is submitted demonstrating:

1.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same district;

2.

That literal interpretation of the provisions of this appendix would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this appendix;

3.

That the special conditions and circumstances do not result from the actions of the applicant;

4.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this appendix to other lands, structures, or buildings in the same district;

5.

That relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this appendix; and

6.

That the variance is not a request to permit a use of land, buildings, or structures which is not permitted by right or by special exception in the district involved.

B.

A hearing on the variance application will be held after proper notice is provided. Notice of public hearing shall be given by first class mail to the owner of the property for which the variance is sought or to his agent, and to the owners of all adjoining property, at least five days prior to the public hearing. The owner must personally attend the hearing or may choose to be represented by his agent or attorney.

C.

The board of adjustment may only grant a variance after making a specific finding that the requirements of this section regarding a written application have been met by the applicant for a variance and the application fee paid, that the reasons set forth in the application justify the granting of the variance, that the variance is the minimum variance that will make possible the reasonable use of the land, building or structures, and that the granting of the variance will be in harmony with the general purpose and intent of this appendix, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

D.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this appendix. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this appendix and punishable as prescribed in this appendix.

E.

Variances should be permitted only under peculiar and exceptional circumstances, keeping in mind hardship alone is not sufficient. Demonstration of unnecessary hardship is required and financial loss of a kind which might be common to all of the property owners in similar situations is not grounds for a variance. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally or by any special exception permitted in the district except as provided for in article IV, section 6.0—interpretation of uses, and in article IV, section 7.0—unclassified uses.

12.9

Board action on applications. In exercising the above-mentioned powers, the board of adjustment may, so long as such action is in conformity with the terms of this appendix, reverse, or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have powers of the building official/administrative official from whom the appeal is taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such building official/administrative official or to decide in favor of the applicant on any special exception or variance.

(Ord. No. 2023-004-PZ, 4-25-23)

Any party aggrieved by any final judgment or decision of the board of zoning adjustment may appeal pursuant to state law.

(Ord. No. 2023-004-PZ, 4-25-23)

If the application is denied by the board of zoning adjustment, a second appeal, special exception, or variance request of the same kind on the same tract or parcel of land will not be considered until a period of one year has elapsed from the date of such action by the board. However, the board of zoning adjustment may adjust this time period, if in the opinion of a majority of the board, an unusual situation or circumstance exists which would warrant another hearing or that conditions in the area have changed, or that the request has changed. Each time the application is made, the required administration fee must be paid, and no sum or any part of the fee will be refunded for failure to approve such proposal.

(Ord. No. 2023-004-PZ, 4-25-23)