1.   Duty to Enforce. It is the duty of the Zoning Administrator, with the aid of other municipal departments, to enforce this chapter.

   2.   Zoning Certificates and Occupancy Permits.

      A.   Zoning Certificates. Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department, or employee of the City unless the application for such permit has been examined by the Zoning Administrator, indicating that the proposed building or structure complies with all the provisions of this chapter. The charge for a zoning certificate shall be the same as the building permit fee which would be charged if a building permit were issued under Section 155.01 of this Code of Ordinances (a Building Permit under Section 155.01 is not required for one- and two-family dwellings). Where both a building permit and a zoning certificate are required, there shall be no additional charge for the zoning certificate. Any permit or certificate issued in conflict with the provisions of this chapter shall be null and void. The charge for a zoning certificate (building permit) shall be twice the amount indicated herein if construction has begun prior to receipt of the application by the Zoning Administrator. Each permit or approval issued shall expire after 365 days if no work is undertaken or such use or activity is not established, unless an extension is granted by the Zoning Administrator prior to expiration.

      B.   Occupancy Permits. No building, or addition thereto, constructed after the effective date of this chapter, and no addition to a previously existing building shall be occupied, and no land, vacant on the effective date of this chapter, shall be used for any purpose until an occupancy permit has been issued by the Zoning Administrator. No change in a use, other than that of a permitted use to another similar permitted use, shall be made until an occupancy permit has been issued by the Zoning Administrator. Every occupancy permit shall state that the use or occupancy complies with the provisions of this chapter.

         (1)   Every application for a building permit shall be deemed to be an application for an occupancy permit. Every application for an occupancy permit for a new use of land where no building permit is required shall be made directly to the Zoning Administrator.

         (2)   Every application for a permit shall be accompanied by plans in duplicate and plot plan drawn to scale in ink or blueprint, showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of the building or structure to be erected or altered, the existing and intended use of each building or part, the proposed number of families or housekeeping units, and such other information with regard to the lot and neighboring lots as may be necessary for the enforcement of this chapter. One copy of such plans shall be signed and returned to the applicant when approved by the Zoning Administrator together with such permit as may be granted.

         (3)   Prior to building construction, lot pins based on actual survey shall be set and if disturbed by construction or grading shall be reset in proper location. The requirement of a survey may be waived, however, where: (i) the cost of the improvement is $3,000.00 or less; and (ii) the title holders of record for each adjoining property have given written consent of the proposed improvement without a survey; and (iii) based on the apparent location of the boundary line, the improvement would not constitute an infraction of any zoning requirement.

         (4)   No occupancy permit for a building, or portion thereof, constructed after the effective date of this chapter, shall be issued until construction has been completed and the premises inspected and certified by the Zoning Administrator to be in conformity with the plans and specifications upon which the zoning certificate was based. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six months from its date during the completion of any addition or during partial occupancy of the premises. Reasons in writing for refusal to issue an occupancy permit must be forwarded to the applicant no later than 14 days after the request for an occupancy permit.

   3.   Penalties. Any person who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this chapter shall, upon conviction, be fined not more than $100.00 for each offense. Each day that a violation continues shall constitute a separate offense.

   4.   Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of the provisions of this chapter, the City Attorney, in addition to other remedies under the Code of Iowa, is hereby authorized to institute an action to enjoin, or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, repair, conversion, maintenance or use.

   5.   Conditional Use. A conditional use permit shall be obtained for certain uses which may be harmonious under special conditions and in specific locations within a zone, but may not be allowed under the general conditions of the zone as stated in this chapter. All conditional use permit applications shall be submitted to the Board of Adjustment as per Section 29.04 of this Code of Ordinances.

      A.   Application. All conditional use permit applications shall be submitted to the Zoning Administrator. All applications shall be accompanied by maps, drawings, statements or other documents as required by the Commission. A non-refundable fee of $150.00 shall be collected at the time of submittal as determined by the City.

      B.   Public Hearing. Prior to the approval, amending or denial of a conditional use permit, a public hearing shall be held by the Commission. Upon the completion of said public hearing, the Commission shall render a decision within 10 working days.

      C.   Determination. The Commission or the Council on appeal shall have the authority to impose conditions and safeguards as deemed necessary to protect and enhance the health, safety and welfare of the surrounding area. The authorization of conditional use permit shall not be made unless the evidence presented is such to establish the following:

         (1)   Such use will not, under the specific circumstances of the particular case, be detrimental to the health, safety or general welfare of the surrounding area, and the proposed use is necessary or desirable and provides a service or facility that contributes to the general well-being of the surrounding area.

         (2)   Such use will comply with the regulations and conditions specified in this chapter for such use.

      The Commission shall itemize, describe or justify, then have recorded and filed in writing, the conditions imposed on the use.

      D.   Expiration and Revocation. Any granted conditional use permit shall become null and void within one year of the date of approval, if not exercised. A conditional use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. If such permit is abandoned or discontinued for a period of one year, it may not be reestablished unless authorized by the Commission or Council on appeal. A conditional use permit may be revoked if the applicant fails to comply with the imposed conditions.

      E.   Adjustments. An adjustment to an approved conditional use permit shall be submitted to the Zoning Administrator accompanied by supporting information. The Commission shall review the adjustment and may grant, deny or amend such adjustment and impose conditions deemed necessary.