In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive, or that imposing the higher standards, shall govern.
(Prior code Appx. B § 3; Ord. 07-011 § 1, 2007)
A. 
The lawful use of a building existing on the effective date of the ordinance codified in this chapter, or authorized by a building permit issued prior thereto, may be continued, although such use does not conform with the provisions of the ordinance codified in this chapter, and such use may be extended throughout the building, provided that any use of a building or property existing on the effective date of the ordinance codified in this chapter which use was unlawful and not authorized by the terms of the Zoning Ordinance No. 155 passed December 5, 1938, and as amended which ordinance has been in effect until the effective date of the ordinance codified in this chapter, shall not be subject to the above exception.
B. 
Wherever a nonconforming use of a building has been discontinued for more than 180 days, or changed to a conforming use, such use shall not thereafter return to a nonconforming use.
C. 
Any nonconforming use or building in existence as of the date of this chapter may be kept in proper repair, but, no modifications or structural changes shall be permitted except with the approval of the planning commission.
(Prior code Appx. B § 48; Ord. 07-011 § 1, 2007)
A. 
Administrative Officer. This title shall be enforced by the building official. The building official shall have authority to grant building permits and certificates of occupancy, to make inspections and to make all decisions necessary to a proper carrying out of the provisions of this title. No oversight or dereliction on the part of the building official or his or her authorized assistants or on the part of any official or employee of the city shall legalize, authorize or excuse the violation of any of the provisions of this chapter.
B. 
Requirements for Building Permits.
1. 
No permit shall be issued by the building official for the excavation for, or erection of, a building, or part of a building, or for repairs or addition to, or alterations of, or for moving any building or part of a building, or for the use of any premises, until a statement of the intended use has been filed by the applicant and unless the plans and intended use indicate that the building and premises are to conform in all respects to the provisions of this chapter, or unless such proposed building or use shall have been duly authorized by the board of adjustment.
2. 
All applications for building permits shall be accompanied by a plat in duplicate showing the lot to be built upon, the location of the building on the lot, accurate dimensions of building and lot and other information as may be necessary to provide for the enforcement of these regulations. A careful record of the original copy of such applications and plats shall be kept in the office of the building official and a duplicate copy shall be kept at the building at all times during construction. The building official shall require that lot lines be defined on the ground before construction of, or excavation for, a building is commenced.
C. 
Must Build to Proper Grade. Before beginning any building construction, the applicant shall ascertain, the proper grade for such lot; and the finished grade or surface level shall comply therewith, unless such applicant shall set forth, in his or her application for building permit, the grade desired, and received, through the building official, the approval of the city council, therefor.
D. 
Certificate of Occupancy. No land shall be used or occupied, except for farming, gardening or recreational purpose, and no building hereafter erected, structurally altered or moved, shall be used or changed in use until a certificate of occupancy shall have been issued by the building official stating that the building or the proposed use thereof complies with the provisions of this title. A like certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident with the application for a building permit and shall be issued within 10 days after the erection, structural alteration or moving of such building, or part thereof, shall have been completed in conformity with the provisions of this title. A record of all certificates shall be kept on file in the office of the building official and copies shall be furnished on request, to any persons having a proprietary or tenancy interest in the building affected.
E. 
Interpretation—Purpose. In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of health, safety, morals, comfort, convenience or the general welfare. It is not intended that this title shall abrogate, annul, or in any way impair or interfere with any existing provision of law or title or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or land; provided, that where this title imposes a greater restriction upon the use of buildings or land or upon the height of buildings, or requires larger lots or yards than are imposed or required by such existing provisions of law or ordinance or by such rules or regulations, this title shall control.
F. 
Completion of Structures and Pending Applications. Nothing contained in this title shall require any change in the plans, construction, or intended use of a building for which a building permit has been issued before the effective date of the ordinance codified in this chapter, and the construction of which shall have been diligently prosecuted within six months of the date of such permit, and the ground story frame work of which, including the second tier of beams, shall have been completed within six months, and which entire building shall be completed, according to such plans as filed, within two years from the effective date of the ordinance codified in this chapter.
(Prior code Appx. B § 49; Ord. 07-011 § 1, 2007)
A. 
Generally. The board of adjustment is established. The word "board" as used in this chapter shall be construed to mean board of adjustment. The board shall consist of five members of the planning commission who are appointed to serve as a board of adjustment. At such times as a board of adjustment is needed as provided by these ordinances, the chairperson of the planning commission shall appoint five members of the planning commission to act as the board of adjustment. Once a board has concluded the business brought before it the board shall dissolve until such time as another board is needed. The chairperson of such board shall be chosen by the members of the planning commission to serve as a board of adjustment. The board may adopt such reasonable rules as it may deem necessary to carry out the provisions of this or any applicable ordinance.
B. 
Meetings. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Meetings of the board shall be open to the public and the board shall keep minutes of the meetings which shall be filed in the office of the city clerk and shall be open to the inspection of the public.
C. 
Appeals. Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the building official. Such appeal shall be taken within a reasonable time not to exceed 10 days as provided by the rules of the board, by filing with the building official and with the board a notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. Appeals of the board's decision may be taken to the mayor and city council. Such appeal shall be taken within a reasonable time not to exceed 10 days by filing with the city clerk a notice of appeal specifying the grounds for the appeal.
D. 
Effect of Appeal. An appeal stays all proceedings and furtherance of the action appealed from unless the building official certifies to the board after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, granted by the district court or a judge thereof, on notice to the building official and on due cause shown.
E. 
Hearing of Appeal. The board or city council shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agents or by attorney.
F. 
Fee for Appeal. There shall be no fee required for an appeal.
G. 
Jurisdiction. The board shall have the following powers:
1. 
To hear and decide appeals from and review any order, requirement, decision, or determination made by the building official in the enforcement of this chapter;
2. 
To hear and decide special exceptions to the terms of this section wherever it is provided in this chapter that the approval of the board is required;
3. 
To authorize upon appeal specific cases, after public notice, including the requirements of Section 17.04.050(C)(2), and hearing, and subject to appropriate conditions and safeguards, such variance from the terms of this chapter that will not be contrary to public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardships, so that the spirit of this chapter shall be observed and substantial justice done as follows:
a. 
Permit the extension of a nonconforming use or building upon the lot occupied by such use or building on the effective date of the ordinance codified in this chapter,
b. 
Permit the extension of an existing or proposed building or use into a more restricted district immediately adjacent thereto but not more than 50 feet beyond the boundary line of the district under such conditions as will safeguard the character of the more restricted district,
c. 
Grant in underdeveloped sections of the city temporary and conditional permits for not more than three-year periods for structures and uses in contravention of the requirements of this chapter,
d. 
Permit such modification of the regulations pertaining to yard and lot area per family as may be necessary to secure an appropriate improvement of a lot where such lot was separately owned on the effective date of the ordinance codified in this chapter and is of such restricted area that it cannot be appropriately improved without such modification,
e. 
Permit in any district such modification of the requirements of these regulations as may be necessary to secure an appropriate development of a lot where adjacent to such a lot there are buildings that do not conform to these regulations,
f. 
Interpret the boundaries of districts where the street layout actually on the ground varies from the street layout shown on district map, in such a way as to carry out the intent purposes of the map;
4. 
In exercising the above-mentioned powers, the board may, in conformity with law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all powers of the building official;
5. 
The concurring vote of three members of the board shall be necessary to reverse any order, requirement, decision, or determination of the building official, or to decide in favor of the applicant on any matter upon which it is required to pass under this section or to effect any variation in this chapter.
(Prior code Appx. B § 50; Ord. 05-007, 2005; Ord. 07-011 § 1, 2007; Ord. 09-010 § 1, 2009)
A. 
Requirements for Change. Whenever the public necessity, safety, general welfare or good zoning practice justifies such action, and after consideration and recommendation by the city planning commission as provided in this section, the city council may by ordinance at any time amend zone districts boundaries, supplement or change the regulations for districts in this title or subsequently established; provided, however, that a public hearing before the planning commission shall first be held relative thereto, after one publication of notice of the time, place and the purpose of such hearing, in an official newspaper, at least 15 days prior to such hearing.
B. 
Initiation of Change. A proposed change of zone district boundaries or regulations may be initiated by the city council, city planning commission or by application of one or more of the owners of property within the area requested to be changed.
C. 
Filing and Processing Procedures. All requests for changes in zoning map shall be processed as follows:
1. 
a. 
The petitioner shall submit to the community development department the original completed petition and 10 prints of a vicinity map of the area. The community development department shall, when applicable, furnish a copy of the petition and supplemental information to all city departments, utility companies and other agencies affected by such change.
b. 
Such offices and agencies shall advise the community development department of any comments to such change within 10 business days of the receipt of same, and failure to comment within 10 business days shall constitute approval by such office or agency. The community development department shall present the petition, supplemental information, together with any comments of the reviewing offices and agencies, to the planning commission at the next timely meeting of such board.
2. 
The petitioner shall post on the property a rezoning sign, in a conspicuous location, adjacent to all public ways and shall notify by first class regular mail, all property owners within a distance of 140 feet of the proposed zone change, 15 days prior to the planning commission meeting. Such distance of 140 feet shall not include the width of any intervening street or alley.
3. 
All requests for changes in the zoning map shall be accompanied by an impact study analyzing the need for such additional zone district area. Such studies shall present specific data on all the following points:
a. 
Residential/commercial zone changes:
i. 
Need for such zone change;
ii. 
Impact (present and future) on surrounding area, developed and undeveloped;
iii. 
Access to area; traffic patterns;
iv. 
Accessibility of utilities;
v. 
Impact on city facilities: sewer, water, sanitation, fire, police, traffic, parks and schools.
b. 
Names and addresses of all adjacent property owners.
D. 
Hearing and Recommendation. The planning commission after public hearing may recommend approval or disapproval of a requested change, either in whole or in part. Recommendations for changes shall be presented to the city council and an ordinance embodying such changes in whole or in part may be adopted by the city council. In the event of adoption by the city council of such changes in part, if such partial adoption has not been recommended as such by the planning commission, a majority vote of the city council shall be necessary.
E. 
Overriding Vote. In case however of a protest against such change, signed by the owners of 20% or more, either of the area of the lot included in such proposed change, or of the property within 140 feet thereof (including property within 140 feet on the opposite side of any alley or street adjacent thereof, and, in the case of corner property, within 60 feet of the property lines of the opposite street corner), such amendment shall not become effective except by the affirmative vote of five members of the city council.
F. 
Mandatory Review. During the first 30 days following the one-year anniversary of the effective date of an ordinance changing the zoning map by rezoning a residential area to a business or commercial use, the planning commission shall review the proposed development of the subject area to determine whether such development is being undertaken according to the study as required by subsection (C)(3) of this section. If such development is not underway in keeping with such proposals, the planning commission may initiate action to rezone the subject area back to such classification as it was prior to the change in zoning.
(Prior code Appx. B § 51; Ord. 07-011 § 1, 2007; Ord. 12-011 § 1, 2012)
Any person, firm or corporation, who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of, any of the provisions of this title, shall upon conviction, be fined in a sum of not less than $10 nor more than $100 for each offense. Each day a violation is permitted to exist after notice has been given by the building official, shall constitute a separate offense.
(Prior code Appx. B § 52; Ord. 07-011 § 1, 2007)