A.

All applicants subject to these regulations shall complete an application for zoning review on a form provided by the City.

B.

Once an application for zoning review has been filed with the City, a pre-application conference with the City Administrator will be scheduled within 15 days of submittal.

C.

At the pre-application conference, the applicant and the City Administrator will discuss the proposed change and review the appropriate land use procedure.

D.

Once the appropriate completed application is received, the City Administrator shall commence review and notify the applicant of completeness within 15 days of submittal.

1.

Complete applications will be scheduled for a hearing before City Council within 45 days of City staff's determination of completeness.

2.

Additional review time will be required for applications requiring professional review.

3.

If the application is determined to be incomplete, it will be not be scheduled for a hearing before City Council until it is complete.

(Ord. No. 500, § 1, 8-11-2016)

A.

A development plan shall be required as part of the approval for the following activities:

1.

A building permit for new construction.

2.

A building permit for an addition to an existing building that increases the gross floor area of the building by more than 25 percent.

3.

Any drainage work, grading or earth movement that may affect drainage.

B.

If required, the development plan shall contain the following information, as applicable:

1.

Cover sheet on a form provided by the City.

2.

Survey.

3.

Site plan per Section 16-10-30 below.

4.

Parking plan.

5.

Utility and grading plan.

6.

Landscape plan.

7.

Architectural building elevations.

8.

Lighting plan.

9.

Historical characteristics.

10.

A vicinity map.

11.

Other details as requested pursuant to the City development plan manual.

C.

Preliminary staff review of development plan. Upon receipt of a complete development plan, City staff shall review the plan and within 30 days of receipt, shall make recommendations for City Council review and consideration.

(Ord. No. 500, § 1, 8-11-2016; Ord. No. 504, § 23, 7-19-2018)

If required, a site plan requires the following and must be to scale:

1.

A copy of the zoning application form provided by the City.

2.

Parcel boundaries.

3.

Location of existing and proposed improvements, including setback dimensions.

4.

Other details as requested pursuant to the City development plan manual.

(Ord. No. 500, § 1, 8-11-2016; Ord. No. 504, § 24, 7-19-2018)

A.

All applications that require public notice shall be subject to these requirements, and no public hearing shall commence, nor testimony be taken, until the applicable requirements are satisfied.

1.

If publication of a notice is required, at least 15 days prior to a public hearing, the City shall publish a notice at least one time in a newspaper of general circulation within the City.

2.

If posting of a notice is required, at least 15 days prior to a public hearing, the applicant shall post a notice on the property for which the land use application is made.

3.

If mailed notice is required, the applicant shall send notice of the hearing by certified mail to all property owners within 300 feet of the property, at the address shown in the County Assessor's records, that is the subject of the application no less than 15 days prior to the hearing.

4.

Proof of public notice compliance is required by the City.

B.

The City Council may continue the public hearing from time to time as necessary.

C.

Public notice requirements—Applications. Applications shall be subject to the notice requirements as indicated in the table below.

D.

Content of public notice. All notices as required by this Chapter shall contain, at a minimum, the name of the applicant; a plain and brief description of the proposed application; a description of the property subject to the application; the place, date and time of City Council meeting at which the public hearing, if required, will be conducted; and the address/telephone number of the City Clerk's office where additional information concerning the proposed application can be obtained.

(Ord. No. 500, § 1, 8-11-2016; Ord. No. 504, § 25, 7-19-2018)

The amount of fees charged shall be included in the City's Fee and Fine Schedule . Additionally, the City may bill applicants for any and all costs of professional or consulting services which the City incurs as a result of an applicant's project, including but not limited to legal, engineering and other professional services. The City shall send an invoice to the applicant monthly as such costs are incurred. Each invoice shall be due 30 days after its date. Such invoice sent prior to the next formal decision by the City must be paid prior to that decision. Invoices not paid prior to that decision shall be cause to deny the application or table the decision until the fees are paid. Bills not paid by the due date shall accrue interest at the rate of one and one-half percent per month or part thereof. No plat shall be recorded, improvements accepted, lien released, building permit issued, tap approved or other approval action taken until all fees then due are paid to the City. Unpaid fees may be certified to the County Treasurer for collection as taxes.

(Ord. No. 500, § 1, 8-11-2016)

It is unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or use any land in violation of any of the provisions of this Chapter or any amendment thereto. Any person, either as owner, lessee, occupant or otherwise, who violates any of the provisions of this Chapter or any amendment thereto, or who interferes in any manner with any person in the performance of a right or duty imposed upon him or her by the provisions of this Chapter, shall be guilty of a violation of this Chapter.

(Ord. No. 500, § 1, 8-11-2016)

A.

If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Chapter or other regulation made under authority conferred hereby, the City, 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 such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

B.

The City may deny any building permit, occupancy permit or any other permit or license to properties that are in violation of any decision pursuant to the provisions of this Chapter.

C.

The City is empowered and directed to inspect and examine the use, occupation or development of land for which a development permit, license or approval has been issued to determine, from time to time, whether any use, occupation, development or activity is in violation of any of the provisions of this Code or of any permit issued or required pursuant to this or other applicable regulations. Should access or entry to any land or premises be refused upon request by the Land Use Official or other duly authorized person, the City may seek a search warrant from the Municipal Court permitting entry upon such land or premises for purposes of making inspections or carrying out other duties as authorized under this Code.

D.

All violations of this Chapter, including the terms of any approval issued pursuant to this Code, are hereby declared to be a nuisance and may be abated in any lawful manner.

(Ord. No. 500, § 1, 8-11-2016)

Failure to comply with this Chapter shall constitute a civil infraction, except as otherwise provided herein. The maximum civil penalty for each violation is $499.00. For each day or portion thereof during which any violation continues, a person may be cited for a separate infraction. The penalties specified in this Chapter shall be cumulative, and nothing shall be construed as either prohibiting or limiting the City from pursuing such other remedies or penalties in an action at law or equity.

(Ord. No. 500, § 1, 8-11-2016)