[R.O. 2012 §405.520; Ord. No. 727 §1, 3-6-2000]
The City Planning and Zoning Commission is hereby appointed
as the Zoning Commission to recommend the boundaries of the various
original zoning districts and appropriate regulations for the enforcement
of a zoning ordinance.
[R.O. 2012 §405.530; Ord. No. 727 §1, 3-6-2000]
It shall be the duty of the public official so designated, or
any designated deputy or inspector working under his/her direction,
to enforce the provisions of this Chapter and to refuse to issue any
permit for any building or structure or for the use of any premises
which would violate any of the provisions hereof, and to cause any
building, structure, place, or premises to be inspected and examined,
and to order in writing the remedying of any condition found to exist
therein or thereat in violation of any provision of this Chapter.
In the event any permit is issued that is not in conformity with the
provisions of these regulations such permit shall be null and void.
Any building or structure erected, constructed, reconstructed, altered,
repaired, converted or maintained, or any building, structure or land
used in violation of this Chapter shall be deemed a public nuisance
and said Building Official is hereby authorized and directed to 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 and to prevent
the occupancy of said building, structure or land; or to prevent any
illegal act, conduct, or use in or about such premises.
[R.O. 2012 §405.540; Ord. No. 727 §1, 3-6-2000]
A. No
building, or additions to buildings or other structures, as defined
herein, shall be erected, constructed, reconstructed, altered, repaired
or converted without first obtaining a zoning permit from the Building
Official so appointed. No permit shall be issued unless there is filed
in the office of the Building Official, information including but
not limited to, construction plans and plot plans, drawn to scale,
showing the exact location or locations of any proposed structures
on the building site to be occupied, and other information necessary
to determine if the proposed application meets the requirements of
this and any other ordinance applicable. Said application shall include
in writing the proposed use or uses of said buildings or premises.
B. An
application for a zoning permit shall be approved or denied by the
Building Official within a reasonable time, such time not to exceed
ten (10) business days, from date of receipt. If application is denied,
the reason for such denial shall be stated, in writing, upon the application,
and applicant so notified of such denial.
C. There
shall be a fee of fifteen dollars ($15.00) charged for each zoning
permit issued in accordance with this Chapter.
D. A permit
shall expire after one (1) year, provided however, that extensions
may be made where warranted.
E. A record
of all zoning permit applications and zoning permits issued shall
be kept in the office issuing such permits.
F. A permit
issued in accordance with the provisions of this and other pertinent
ordinances may be revoked by the issuing officer at any time prior
to the completion of the structure for which the permit was issued,
when it shall appear there is a departure from the approved plans,
specifications and/or requirements of conditions required under the
terms of the zoning permit, or the same was issued under false representation,
or that any other provisions of this Chapter or other ordinance are
being violated.
G. Failure,
refusal or neglect of any property owner or his/her authorized representative
to apply for and secure a valid zoning permit, including the payment
of the prescribed fee as provided, shall be reason for the issuance
of a stop order by the Building Official, provided said owner or authorized
representative shall have been notified in writing at least forty-eight
(48) hours prior to the issuance of said stop order that he/she is
in violation of ordinances of the City. Said stop order shall be posted
on or near the property in question in a conspicuous place and no
further construction shall proceed. Where such building or construction
has proceeded without filing for and receiving a valid permit, the
fee for the issuance of a subsequent zoning permit shall be doubled.
[R.O. 2012 §405.550; Ord. No. 727 §1, 3-6-2000]
A. Subsequent
to the effective date of this Chapter, November 2, 1970, no change
in the use of land, and no change in the use of existing buildings
shall be made until a certificate of occupancy shall have been issued
by the Building Official. A certificate of occupancy for a new building
or the structural alteration of an existing building shall be applied
for coincident with the application for a zoning permit and shall
be issued within ten (10) days after the erection or alteration of
such building or part thereof shall have been accomplished in conformity
with the ordinance of the City.
B. Pending
the issuance of a regular certificate of occupancy, a temporary certificate
of occupancy may be issued by the Building Official which shall be
valid for a period not to exceed six (6) months, during the completion
of alterations or during partial occupancy of a building pending its
completion. Such temporary certificate shall not be construed in any
way as altering the respective rights, duties, or obligations of the
owners or of the City relating to the use of occupancy of the premises
or any other matter covered by this Chapter; and such temporary certificate
shall not be issued except under such restrictions and limitations
as will adequately insure the safety of the occupants.
C. The
certificate of occupancy shall state that the building or proposed
use of the premises complies with all the building and health ordinances
and with the provisions of this Chapter.
D. A record
of all certificates of occupancy shall be kept on file in the office
of the Building Official and copies thereof shall be furnished on
request to any person having a proprietary or tenant interest in the
building or premises affected.
E. A certificate
of occupancy shall be required for all non-conforming uses. Application
for a certificate of occupancy for non-conforming uses shall be filed
with the Building Official within twelve (12) months from the effective
date of this Chapter, accompanied by affidavit or proof that such
non-conforming use was lawfully commenced prior to the effective date
of this Chapter, November 2, 1970.
F. A fee
of one dollar ($1.00) shall be paid to the Building Official for the
issuance of any certificate of occupancy.
[R.O. 2012 §405.560; Ord. No. 727 §1, 3-6-2000]
A. The
Board of Aldermen may, from time to time, amend, supplement, change,
modify or repeal such regulations, restrictions, and boundaries contained
in this Chapter whenever the public necessity, convenience or general
welfare requires; provided such amendment, change, supplement, modification
or repeal shall have first been submitted to the City Planning and
Zoning Commission for its review and recommendation.
B. The
procedure shall be as follows:
1. Initiation. A proposal for an amendment or change
of zoning may be initiated by:
b. The Planning and Zoning Commission;
c. Owners of property affected.
2. Application and fee. A proposal for an amendment
by the property owners must be filed with the City, on approved forms,
at least twenty (20) days prior to any regular meeting of the Board
of Aldermen. A filing fee of seventy-five dollars ($75.00) shall be
submitted with the application. Applicant also responsible for advertising
and notification costs for the public hearings. City will bill applicant
for public notification costs.
[Ord. No. 1229, 11-2-2023]
3. Hearings and notice. Upon receipt of a valid proposal
for an amendment the Board of Aldermen shall set a date for a public
hearing. A published notice of the hearings shall appear once, in
the official newspaper of the City, or a paper of general circulation,
at least fifteen (15) days prior to such hearing. Such notice shall
include at least the following information:
a. Time and place of hearing;
c. The legal description of the property; and
d. Approximate location by street address.
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A notice shall also be posted in a conspicuous place on or near
the property.
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4. Notice to Planning and Zoning Commission. Upon receipt
of an application as outlined in this Section, the Board of Aldermen,
or its designated agent, shall refer said application to the Planning
and Zoning Commission for its review and written recommendation.
5. Protests. Protests against such amendment or change
may be filed in the office of the City Clerk at least five (5) days
prior to the public hearing on petitions duly signed and acknowledged
by the owners of thirty percent (30%) or more of either of the areas
of the land (exclusive of streets and alleys) included in such proposed
change, or within an area determined by lines drawn parallel to and
one hundred eighty-five (185) feet distant from the boundaries of
the district proposed to be changed.
6. Action by the legislative body. Upon receipt of the written recommendation
of the City Planning and Zoning Commission, and after public hearing,
duly published and notices properly made, the legislative body may
approve or deny the application, except that if a valid protest has
been filed, the application shall not be adopted except by at least
a two-thirds (2/3) majority vote of all members of the legislative
body. If the application affects the boundaries of any zone, the ordinance
shall define the change of boundary, as approved, and shall order
the Official Map to be changed, and shall amend the Section incorporating
the same and reincorporate such map as amended.
[R.O. 2012 §405.570; Ord. No. 727 §1, 3-6-2000]
A. An application for a special use, as listed in Section
405.360, shall be filed with the City Planning and Zoning Commission on approved forms at least twenty-five (25) days prior to any regular meeting of the Planning and Zoning Commission.
B. The filing fee and hearing procedure shall follow those procedures and amount of fee outlined in Section
405.520 (B,2) and (B,3), except that the public hearing shall be by the Planning and Zoning Commission.
C. After
public hearing the Planning and Zoning Commission may approve or deny
said application. The decision of the Planning and Zoning Commission
shall be final unless appealed to the legislative body of the City
within fourteen (14) days of the date of the decision of the Planning
and Zoning Commission.