(a) 
General requirements.
No permanent structure may be constructed or otherwise located within the city limits prior to issuance of a building permit by the building inspector. No permanent structure constructed or otherwise located within the city limits may be occupied prior to issuance of a certificate of occupancy by the building inspector. No change in the existing conforming use of a permanent structure, or of land to a use of a different classification under this article, and no change in the legally conforming use of a permanent structure or of land may take place prior to issuance of a certificate of occupancy by the building inspector.
(b) 
Procedure for new or altered buildings.
Plans for any permanent structure to be constructed or otherwise located within the city limits must be approved by the building inspector who, upon approval, shall issue a building permit. A complete application for a building permit shall contain details of foundation and structure sufficient to determine compliance with applicable provisions of the building code. Upon submission of a complete application, the building inspector shall issue a building permit. After issuance of a building permit and prior to issuance of a certificate of occupancy, the building inspector shall conduct a foundation, plumbing, electrical and framing inspection. After such inspection, the building inspector shall issue a certificate of occupancy if the plans and the results of the inspection comply with the provisions of all applicable ordinances and regulations.
(c) 
Procedure for vacant land or a change in use.
Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to said building inspector. If the proposed use is in conformity with the provisions of this article, the certificate of occupancy therefor shall be issued with ten (10) days after the application for same has been made.
(d) 
Contents of certificate of occupancy.
Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and ordinances. A record of all certificates of occupancy shall be kept on file in the office of the building inspector or his agent and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.
(e) 
Temporary certificate.
Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six (6) months during the completion of alterations or during partial occupancy of a building pending its completion. Issuance of a temporary certificate shall not be construed to alter the respective rights, duties, or obligations of the owner or of the city relating to the use [or] occupancy of the premises or any other matter covered by this article.
(f) 
Certificates for nonconforming uses.
A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this article. Application for such certificate of occupancy for a nonconforming use shall be filed with the building inspector by the owner or lessee of the building or land occupied by such nonconforming use within one (1) year of the effective date of this article. It shall be the duty of the building inspector to issue a certificate of occupancy for a lawful nonconforming use, but failure to apply for such certificate of occupancy for a nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of this article.
(Ordinance adopted –/–/04, sec. 38; Ordinance adopting Code)
(a) 
Declaration of policy.
The city declares the enactment of these regulations governing the use and development of land, buildings, and structures to be a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:
(1) 
To correct any error in the regulations or map.
(2) 
To recognize changed or changing conditions or circumstances in a particular locality.
(3) 
To recognize changes in technology, style of living, or manner of doing business.
(b) 
Authority to amend ordinance.
The board of aldermen may from time to time, after public hearings required by law, amend, supplement, or change the regulations herein provided or the classification or boundaries of the zoning districts. Any amendment, supplement, or change to the text of the zoning ordinance and/or the zoning map [or] any change in the classification or boundaries of the zoning districts may be ordered for consideration by the board of aldermen, may be initiated by the planning and zoning commission, the board of aldermen, or may be requested by the owner of the affected real property or the authorized representative of an owner of affected real property.
(1) 
Initiating zoning changes.
The board of aldermen may from time to time, after receiving a final report thereon by the planning and zoning commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the zoning district map. Any ordinance regulations or zoning district boundary amendment may be ordered for consideration by the board of aldermen, be initiated by the planning and zoning commission, or be requested by the owner of real property, or the authorized representative of an owner of real property.
(2) 
Zoning change applications.
Each application for zoning or for an amendment or change to the existing provisions of this zoning ordinance shall be made in writing, filed with the city secretary, and shall be accompanied by payment of the appropriate fee as established by the board of aldermen. The application shall also be accompanied by the following information: plans, maps, exhibits, legal description of property, information about proposed uses, and such other material as deemed necessary by the city.
(c) 
Public hearing and notice.
(1) 
Upon filing of an application for an amendment to the zoning ordinance and map, the planning and zoning commission and board of aldermen shall hold a public hearing on said application. The board of aldermen and planning and zoning commission can choose to conduct joint hearings when necessary.
(2) 
Written notice of such hearings shall be sent to the owner of the property or his agent and to all owners of real property lying within two hundred (200) feet of the property on which the change in classification is proposed, such notice, mailed first-class return receipt requested, to be given not less than ten (10) days before the date of such hearing, to all owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, notice to such owners shall be given by one publication in the official newspaper at least fifteen (15) days before the time of the hearing. Also, the city secretary shall have the property, lot or tract posted with a sign at least eighteen (18) by twenty-four (24) inches in size which shall state “Zoning Change Requested For Information Call City Hall” and the telephone number shall be listed. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken.
(d) 
Action of the planning and zoning commission.
(1) 
If, at the conclusion of the hearing, the planning and zoning commission recommends amendment of this article to the board of aldermen, said recommendation shall be by resolution of the planning and zoning commission carried by the affirmative votes of not less than a majority of its total membership present and voting. A copy of any recommended amendment shall be submitted to the board of aldermen and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.
(2) 
The planning and zoning commission may recommend denial of an application with or without prejudice against the applicant to refile the application. If the commission recommends denial of the application and fails to clearly state the same is being denied with prejudice, then it shall be deemed that said application is being recommended for denial without prejudice against refiling. If it is later determined by the commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given Agricultural zoning is exempt from the one (1) year waiting period.
(e) 
Action of the board of aldermen.
(1) 
If the planning and zoning commission has recommended approval or denial of an application, the board of aldermen shall set said application for public hearing and shall give notice of the time and place of the hearing by one (1) publication in the official newspaper at least fifteen (15) days prior to such hearing, and in addition shall send written notices to the owner of the property or his agent, and to all property owners of real property lying within two hundred (200) feet of the subject property pursuant to subsection (c)(2) of this section.
(2) 
If the planning and zoning commission has recommended to the board of aldermen that a proposed amendment be disapproved, the board of aldermen may refuse to adopt the amendment by a simple majority vote of the aldermen present and voting. However, in order to adopt the amendment which has been recommended for disapproval by the planning and zoning commission, the amendment shall not become effective except by the favorable vote of a simple majority of all members of the board of aldermen present and voting.
(3) 
When the planning and zoning commission has recommended to the board of aldermen that a proposed amendment be approved, the board of aldermen may disapprove the petition or application for amendment by a simple majority vote of the aldermen present and voting. In the event of a tie vote of the aldermen present and voting, the mayor may cast the deciding vote.
(4) 
In the case of a protest against an amendment to the ordinance signed by the owners of twenty percent (20%) or more either of the area of the lots or land immediately adjoining the area included in the proposed change and extending two hundred (200) feet from that area, such amendment shall not become effective except by the favorable vote of a simple majority of all members of the board of aldermen.
(5) 
In making its determination, the board of aldermen shall consider the following factors:
(A) 
Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the city as a whole.
(B) 
Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings.
(C) 
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances which may make a substantial part of such vacant land unsuitable for development.
(D) 
The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed changes.
(E) 
The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified.
(F) 
Any other factors which will substantially affect the public health, safety, morals or general welfare.
(6) 
In considering a motion to deny a zoning application, or upon voting to deny a zoning application, the board of aldermen shall further consider whether said application shall be denied with or without prejudice against refiling. If the board of aldermen shall deny the application and fail to clearly state the same is being denied with prejudice, then it shall be deemed that said application is being denied without prejudice against refiling. If an application is denied with prejudice, no application may be filed for all or part of the subject tract of land for a period of one (1) year from the date of denial by the board of aldermen. If it is determined by the planning and zoning commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given Agricultural zoning is exempt from the one (1) year waiting period.
(f) 
Effect of denial of petition.
(1) 
In case the application for an amendment to the zoning ordinance is denied by the board of aldermen, said application shall not be eligible for reconsideration for one (1) year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the planning and zoning commission, to be eligible for consideration within one (1) year of the denial of the original application.
(2) 
In the event of a reapplication affecting the same land is for a zone that will permit the same use of the property as that which would have been permitted under the denied application, the same shall not be considered to be substantially different from the application denied.
(g) 
Final approval and ordinance adoption.
If the amending ordinance is not approved within six (6) months from the time of its original consideration, the zoning request, at the option of the board of aldermen, may be recalled for a new public hearing.
(h) 
Changes in zoning regulations.
Amendments to the zoning ordinance not involving a particular property but involving change in the zoning regulations generally do not require notice to individual property owners. In such cases, notice of the required public hearing shall be given by publication in the official newspaper of the city, stating the time and location of the public hearing, which time shall not be earlier than fifteen (15) days from the date of such publication.
(Ordinance adopted –/–/04, sec. 39; Ordinance adopting Code)
(a) 
The board of aldermen shall establish a schedule of fees, charges, and expenses, and a collection procedure for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this article. The schedule shall be posted in the office of the administration official and may be altered or amended only by the board of aldermen.
(b) 
No permits, certificates, special exception, or variance shall be issued unless and until such costs, charges, fees, or expenses have been paid in full, nor shall any action [be] taken on proceedings before the board of adjustment unless or until preliminary charges and fees have been paid in full.
(c) 
The exact charge for the following services will be established by separate ordinance:
(1) 
For docketing a zoning petition with the planning and zoning commission of the city.
(2) 
For docketing an application for relief with the board of adjustment of the city.
(Ordinance adopted –/–/04, sec. 40; Ordinance adopting Code)
(a) 
Civil and criminal penalties.
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
(b) 
Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(c) 
Civil remedies.
Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including, but not limited to the following:
(1) 
Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that is necessary for compliance with the ordinance; and
(2) 
A civil penalty up to one thousand dollars ($1,000.00) a day when it is shown that the defendant was actually notified of the provisions of the ordinance and after receiving notice committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance; and [sic]
(Ordinance adopted –/–/04, sec. 41; Ordinance adopting Code)
If any section, paragraph, subdivision, clause, phrase or provision of this article shall be adjudged invalid or held unconstitutional, the same shall be severed from and shall not affect the validity of this article as a whole or any part or provision thereof other than the part so dedicated to be invalid or unconstitutional. To the extent any provision of this article conflicts with other ordinances of the city the terms of this article shall control.
(Ordinance adopted –/–/04, sec. 42; Ordinance adopting Code)
This article shall be effective upon the posting and/or publication of its caption as required by law and the city secretary is hereby directed to implement such posting and/or publication.
(Ordinance adopted –/–/04, sec. 43; Ordinance adopting Code)