(a) 
For the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, there is hereby adopted by and for the city, that certain building code known as the 2018 International Building Code, including appendix chapters, together with all amendments thereto which are now or may be in the future adopted or recommended by the International Code Council, Inc., and each and all of the regulations, provisions, penalties, conditions, and terms of said International Building Code are hereby referred to, adopted and made a part hereof, as if fully set out herein, which code is published in book form and which is referred to, incorporated herein and made a part hereof for all purposes. It is ordered that a copy of the code is to be filed on record in the office of the city secretary. It is provided however, that in the event any conflict may arise between the provisions of the building code adopted herein and any other applicable provision of state law or city ordinance, rule or regulation, the provisions of state law or city ordinance, rule or regulation shall prevail and be controlling.
(b) 
It is provided however, that in the event any conflict may arise between the provisions of the various codes adopted herein, the provisions of the International Building Code shall prevail and be controlling. If the provisions of the building code do not adequately resolve any issue of conflict between the various codes as they are applied, any such conflicts will be decided by the chief building official in consultation with the city fire marshal.
(Ordinance 16-006, sec. 1, adopted 8/9/16; Ordinance 16-006, sec. 8, adopted 8/9/16; Ordinance 23-007 adopted 5/9/2023)
This division and the building code adopted in section 3.03.051 shall henceforth be applicable to and enforceable within the city and within its extraterritorial jurisdiction, as that now exists and may be changed from time to time, to the fullest extent permitted by law.
(1991 Code, sec. 4-87)
The owner of any lot, tract or parcel of land (the "property") within the city may apply for a variance of any setback line requirement with respect to improvements on that property as set forth in the code of the city by the following:
(1) 
The owner of the property must obtain the actual or deemed consent of the owners of each and every lot, tract or parcel of land adjacent to and/or abutting upon the property on which the improvements are proposed to be located in a manner not consistent with the various setback requirements established by the code, which consent may be obtained in any one (1) or more of the following manners:
(A) 
By the written consent of the owner in question;
(B) 
By written notice to the owner in question by certified mail, return receipt requested, forwarding and address correction requested letter, postage prepaid, to the address indicated for such owner on the tax rolls of the city, to be mailed at least two (2) weeks prior to a hearing on the application before the city council. The notice must include the dimensions and approximate location of the property, the proposed improvements, and the setback line or lines with respect to which a variance is sought. Such notice shall be conclusively deemed to have been received by the hearing date if given as provided herein. Failure or refusal of the owner to respond or object to the application at the hearing shall be conclusively deemed to constitute that owner's consent. The notice must also include the date, time and place of the proposed hearing.
(2) 
For the purposes of this section, the owners of each and every lot, tract or parcel of land adjacent to and/or abutting upon the property with respect to which a variance is sought, and of whom the actual or deemed consent is required, shall be the owner of the nearest adjacent tract owned by some person other than the owner of the tract with respect to which the variance is sought.
(3) 
No later than seven (7) days prior to the proposed hearing, the applicant must file with the city secretary a copy of any and all consents required under this section, whether the written consent of the owner or a letter constituting notice to the owner, a plat containing the information required in the written notice to abutting land owners by letter in subsection (1)(B), and the applicant's name, address, and residence and work phone numbers. The application and accompanying data shall be provided to the city building official and the city fire marshal so that they may conduct the necessary investigations and inspections and make their reports to the city council no later than the hearing on the application.
(4) 
The city council shall conduct a public hearing, which may consist of an agenda item on a regular or called meeting of the city council, inquiring into the advisability and feasibility of the proposed variance.
(5) 
Following the hearing and upon consideration of the various consents, notices, and reports submitted by the applicant and the building official and fire marshal, the city council may, if it finds that the requested variance will neither create a fire hazard nor constitute an unreasonable deviation from the building pattern in the surrounding area, grant the variance in accordance with the request set forth in the application.
(6) 
Any variance granted hereunder shall automatically terminate upon the destruction and/or removal of the improvements constituting the variance.
(1991 Code, sec. 4-89)
(a) 
Hereafter, the minimum height for all slabs for all new construction shall be adhered to as adopted in article 3.06, flood damage prevention of the city's code.
(b) 
Slab height requirements herein shall apply to all new construction beginning after the effective date of this division and shall apply to both residential and commercial construction.
(1991 Code, sec. 4-90; Ordinance 23-007 adopted 5/9/2023)