This subchapter shall be enforced by a building inspector, acting at the direction of the city manager. It shall be a violation of this subchapter for any person to change or permit the change in the use of land or buildings or structures, or to erect, alter, move or improve any building or structure until a building permit or certificate of occupancy has been obtained under the following conditions:

   A.   Building Permit: Whenever any structure or building is to be improved in an amount exceeding one hundred dollars ($100.00), or erected, moved or structurally altered, a building permit shall be obtained from the city clerk. The applicant for a building permit may be required to furnish the following information:

      1.   A plot plan, drawn to scale, showing the exact size, shape and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved, and the size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off street parking and loading facilities.

      2.   A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building accommodates and which each existing and proposed building is designed to accommodate.

      3.   Additional information relating to the proposed improvement needed to determine compliance with these regulations.

      4.   A survey prepared by an engineer registered in the state of the boundaries of the lot on which the improvement is proposed to be located. (2001 Code § 154.100)

   B.   Certificate Of Occupancy: No change shall be made in the use of any land or building or structure after the passage of this subchapter until a certificate of occupancy is obtained from the city code enforcement officer, certifying that all of the provisions of this subchapter are complied with. Whenever a building permit is issued for the erection of a new building or structure is changed from that for which the permit is issued or where the intended use is not clearly stated on the building permit, a certificate of occupancy shall be obtained from the city code enforcement officer certifying that all of the provisions of this subchapter have been complied with. (2001 Code § 154.100; amd. 2012 Code)

   A.   Permit Required: No person shall commence operations to drill a well, or drill or produce a well, or conduct any natural or artificial production operations, unless that person has secured a permit as provided herein.

   B.   Application For Permit; Permit Fee: Every application for a permit to drill and operate an original well or to reenter and operate an abandoned well shall be in writing and signed by the applicant, or by some person duly authorized. It shall be filed with the city clerk and be accompanied by a nonrefundable application fee in the sum of one hundred dollars ($100.00). All applications shall be made by the person or entity designated as the operator. The applicant shall submit two (2) copies of the application and all required documents. The application shall include the following:

      1.   Name and address of applicant, date of application and operator's corporation commission number;

      2.   Location of the proposed well, including the following: a map of the area surrounding the drill site, including thereon the location of the proposed well, and the distances therefrom to all existing dwelling houses, buildings or other structures designed for the occupancy of human beings or animals within six hundred feet (600') of any well, and the location of all existing oil, gas or fresh water wells within six hundred feet (600') of the proposed well bore. The map shall also show routes of ingress and egress for the location;

      3.   A copy of the approved drilling permit (approved intent to drill form) from the corporation commission and a copy of the staking plat;

      4.   A drilling and completion plan, which shall specify in detail the amount, weight and size of conductor pipe, surface pipe and production pipe, and the procedures to be used for cementing each;

      5.   A statement of provisions for water for the drilling operations;

      6.   The name and address of the person upon whom service of legal notice or service of process upon the applicant may be made within this state. Any nonresident applicant who has no service agent within this state shall attach to the application a designation of a service agent who is a resident of the state, and a consent that service of summons or legal notice may be made upon the person in any action to enforce any of the obligations of the applicant hereunder;

      7.   Proof of compliance with the bond requirements of the corporation commission for operators of oil and gas wells; and

      8.   A statement that the applicant has reviewed and shall comply with all laws, rules and regulations of all federal, state and municipal agencies having jurisdiction over the proposed activity, including this section and sections 154.016 and 154.017 of this chapter.

   C.   Approval And Issuance: All applications shall be reviewed by the city clerk, the police chief, the fire chief and the code enforcement officer. Upon approval by each of the above officials, the application shall be deemed approved and the applicant may proceed. (2001 Code § 154.101)

   A.   Procedure; Fee; Hearing: The city commission may from time to time, on its own motion or on petition, amend the regulations, restrictions and boundaries of its districts. Every petition for amendment shall first be submitted to the metropolitan area planning commission for investigation and report to the city. Upon submission of a petition for amendment, the petitioner shall pay a filing fee of one hundred dollars ($100.00) to the city clerk. No petition shall be reviewed until the fee has been paid. However, no such regulation, restriction or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least twenty (20) days' notice of the time and place of such a hearing shall be published in an official paper or paper of general circulation in the city. In addition, notice of public hearing of any zoning change shall be given twenty (20) days prior to the public hearing by mailing notice to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property. The notice shall contain:

      1.   Legal description of the property and the street address or approximate location in the city;

      2.   Present zoning and classification of the property sought by the applicant; and

      3.   Date, time and place of the public hearing.

   B.   Protests: In case, however, of a protest against the change is filed three (3) days before the time of the public hearing by the owners of twenty percent (20%) or more of the area of the lots included in the proposed change, or by the owners of fifty percent (50%) or more of the area of the lots within a three hundred foot (300') radius of the exterior boundary of the territory included in the proposed change, the proposed change or amendment shall not become effective except by the favorable vote of three-fifths (3/5) of all members of the city commission.

   C.   Unacceptable Applications: The city commission will not accept or consider any application for rezoning any tract of land or any portion of any tract of land which the city commission has approved or disapproved for rezoning within the past six (6) months preceding the filing of the new application for rezoning. (2001 Code § 154.102)

   A.   County Zoning Designation: All territory that is annexed to the city, after the effective date hereof, if it has been zoned by the county, shall retain the same zoning district classification until otherwise classified by an amendment to this zoning ordinance.

   B.   No County Zoning Designation: All territory that is annexed to the city after the effective date hereof, if it has not been zoned by the county, shall be an R-1 residential district unless otherwise classified at the time of annexation by the city commission. This classification shall remain in effect for a period of time not to exceed one year from the effective date of the ordinance annexing the area. Within this year, the planning commission shall study and make recommendations concerning the use of land within the annexed area, which use shall be in conformity with the general land use plan. The city commission, upon receipt of these recommendations and after public hearings as required by law, shall establish the district classification for the area. (2001 Code § 154.103; amd. 2012 Code)

Whenever any street, alley or other public easement is vacated, the portion vacated shall have the same district classification as the land to which the vacated portion accrues. (2001 Code § 154.104)