[Ord. No.
395, 11-6-2023]
It shall be the duty of the person designated by the Board of
Aldermen as the Zoning Enforcement Officer to administer and enforce
the regulations contained in this Chapter.
[Ord. No.
395, 11-6-2023]
It shall be unlawful to commence or to proceed with the erection,
construction, reconstruction, conversion, alteration, enlargement,
extension, raising or moving of any building or structure, or of any
portion thereof, without first having applied in writing to the Zoning
Enforcement Officer for a building permit to do so and a building
permit having been granted therefor.
[Ord. No.
395, 11-6-2023]
Every application for a building permit shall be in writing
and delivered to the Zoning Enforcement Officer and shall be accompanied
by a detailed set of plans, in duplicate, showing the size of the
proposed building or structure, its location on the lot, the basic
materials of which it is to be constructed and the details and type
of construction to be used. On the issuance of a permit, one (1) set
of said plans shall be retained by the Zoning Enforcement Officer
as a permanent record and one (1) set shall be returned to the applicant.
In cases of any building or structure to be located outside the fire
districts, the Zoning Enforcement Officer may, at his/her own discretion,
permit the substitution of a written statement covering the essential
information required in place of said plans.
[Ord. No.
395, 11-6-2023]
A. Residential Structure: seventeen cents ($0.17) per square foot, not
to exceed one thousand dollars ($1,000.00).
B. Residential remodel: nine cents ($0.09) per square foot; minimum
fee of twenty-five dollars ($25.00).
C. Unattached garage: seven cents ($0.07) per square foot; minimum fee
of twenty-five dollars ($25.00).
D. Commercial structure: four dollars ($4.00) per one thousand dollars
($1,000.00) of cost, not to exceed fifteen thousand dollars ($15,000.00).
E. All others, such as fences, pools, decks, yard sheds, house moving,
demolition: permit fee twenty-five dollars ($25.00).
[Ord. No.
395, 11-6-2023]
Any building permit, under which no construction work has been
commenced within six (6) months after the date of issue of said permit
or under which the proposed construction has not been completed within
two (2) years of the date of issue shall expire by limitation; and
no work or operation shall take place under such permit after such
expiration. Upon payment of ten cents ($0.10) per month for each one
thousand dollars ($1,000.00) of the construction cost on which the
original permit was issued, but not less than one dollar ($1.00) per
month in any case, a building permit may be once extended for a period
not exceeding six (6) months by the Zoning Enforcement Officer.
[Ord. No.
395, 11-6-2023]
Subsequent to November 16, 1992, no change in the use or occupancy
of land, nor any change of use or occupancy in an existing building
other than for single-family dwelling purposes, shall be made, nor
shall any new building be occupied until a certificate of occupancy
has been issued by the Zoning Enforcement Officer. Every certificate
of occupancy shall state that the new occupancy complies with all
provisions of this Chapter. No permit for excavation for or the erection
or alteration of any building shall be issued before the application
has been made and approved for a certificate of occupancy and compliance,
and no building or premises shall be occupied until such certificate
and permit are issued. A record of all certificates of occupancy shall
be kept on file in the office of the Zoning Enforcement Officer, and
copies shall be furnished on request to any person having a proprietary
or tenancy interest in land or a building affected by such certificate
of occupancy.
[Ord. No.
395, 11-6-2023]
A. Procedures Process Summary.
Table 400.270 below provides a summary of review and approval requirements related to the various items in this Chapter as provided for in Sections
400.275,
400.280, and
400.290 indicating the eligible applicants, application meeting requirements, notice requirements, review and approval entities, and public hearing requirements.
B. Applications And Fees.
1.
Forms. Applications required under this Code shall be submitted
to the Zoning Enforcement Officer. The Zoning Enforcement Officer
is authorized to modify the application forms and submittal requirements
as deemed necessary in the Zoning Enforcement Officer's discretion.
2.
Fees. Applications shall be accompanied by a non-refundable
fee established by the Board of Aldermen. Any application that does
not include the required fee shall be returned to the applicant as
incomplete. Fees shall not be required with applications initiated
by the staff, Planning and Zoning Commission, or Board of Aldermen.
3.
Eligible Applicants. Table 400.270 indicates applicants eligible
for each application under this code, which include the following:
a.
Owner. The record owner of property impacted by the application,
or that owner's authorized agent. In the case of an application
requiring a public hearing, and for the purposes of the right to appeal
or protest, all those receiving mailed notice shall be considered
owners impacted by the application.
b.
Planning And Zoning Commission. The Planning and Zoning Commission,
acting on its own initiative according to its bylaws and rules of
procedure.
c.
Board Of Aldermen. The Board of Aldermen, acting on its own
initiative according to its bylaws and rules of procedure.
C. Application Processing Cycles. The Zoning Enforcement Officer shall
establish a more specific processing cycle for each type of application,
which includes:
1.
Dates of regular meetings of review bodies and decision makers
that comply with all legal requirements for notice and public meeting
deadlines;
2.
Deadlines for receipt of a complete application for consideration
at a particular meeting;
3.
The scheduling of staff reviews, agency reviews, and staff reports
on complete applications; and
4.
The steps and benchmarks in the application process (including
required notice requirements, public meetings, public hearings, decision
meetings and review by other bodies).
D. Pre-Application Meeting. Pre-application meetings may be requested
for any application and shall be required as indicated in Table 400.270.
Where required, the applicant shall confer with the Zoning Enforcement
Officer, and other City officials designated by the Zoning Enforcement
Officer. The purpose of the pre-application meeting is to discuss
the general nature of the proposal, including:
1.
Classification of the application.
2.
Procedure and submittal requirements for the application.
3.
Criteria for processing and decisions on the application.
4.
Notification requirements, timing, and other procedural pre-requisites,
or whether any special community outreach may be important.
5.
Planning and infrastructure impacts, including the need for
any additional technical studies or outside agency coordination and
review.
6.
The relationship to the Master Plan, and whether any specific
plans, policies or other design, development or economic development
initiatives impact the application.
7.
Zoning requirements for the property in question and adjacent
property.
8.
Opportunities to improve any preliminary design concepts and
better relate project benefits or mitigate impacts to other public
or private investments in the area.
A required pre-application meeting may be waived at the Zoning
Enforcement Officer' discretion and upon the applicant's
request for any application that is routine in nature and where the
above topics can be addressed by general correspondence.
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E. Staff Review. Upon receipt of an application, the Zoning Enforcement
Officer shall take the following steps:
1.
Notification Of Incomplete Application. If the Zoning Enforcement
Officer determines that an application is incomplete within, the Zoning
Enforcement Officer shall notify the applicant of the specific ways
in which the application is deficient within fifteen (15) days of
submittal, and no further processing of the application shall occur
until the deficiencies are corrected. If the application is not completed
within thirty (30) days of the notice, the incomplete application
is deemed rejected.
2.
Scheduling. The Zoning Enforcement Officer shall schedule complete
applications for further review according to these regulations.
a.
Applications that require a public hearing shall be scheduled
for initial review within sixty (60) days of a determination of a
complete application.
b.
Applications that do not require a hearing, but an official
public meeting, shall be scheduled for review within thirty (30) days
of a determination of a complete application or the recommendation
from another required review body.
In the event that the next regular meeting of the review body
is beyond these time periods, or the required notice cannot be given
within these time periods, the application shall be scheduled for
the closest available meeting.
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3.
Staff Report. The Zoning Enforcement Officer shall prepare a
staff report in light of the appropriate policies, plans and regulations.
The Zoning Enforcement Officer shall provide a copy of the report
to the review body and to the applicant before the scheduled meeting.
F. Notice. Notice shall be provided for each application as indicated
in Table 400.270, which shall provide the time, place and general
nature and location of the application. Required notice shall be based
on the following requirements:
1.
Published. Where published notice is required, at least fifteen
(15) days, but not more than thirty (30) days prior to the public
review notice shall be published in a newspaper in general circulation
in the City.
2.
Posted. Where posted notice is required, the applicant shall
post notice on property that is the subject of the application within
public view at least fifteen (15) days before the scheduled review.
The City will furnish the sign(s) for posting.
3.
Mailed. Where mailed notice is required, the applicant shall
provide names and addresses of all owners of record within one hundred
eighty-five (185) feet, excluding existing rights-of-way, of the boundaries
of the property. At the expense of the applicant, the Zoning Enforcement
Officer shall mail notice of the time, place and nature of the hearing
by certified mail at least fifteen (15) days prior to the public review.
When mailed notices have been properly addressed and deposited in
the mail, failure of a party to receive such notice shall not invalidate
any subsequent action.
G. Public Hearings. Where a public hearing is required by Table 400.270,
the following procedures apply:
1.
The hearing shall be conducted, and a record of the proceedings
shall be preserved, as the specific review body may prescribe by rule.
2.
Any interested person or party may appear and be heard in person,
by agent, or by attorney.
3.
The review body may request a report on the application from
any government official or agency, or any other person, firm or corporation
with information pertinent to the application. A copy of any requested
report shall be made available to the applicant and interested parties
and shall be available for review in the office of the City Planner.
4.
A public hearing for which proper notice was given may be continued
to a later date without again complying with the notice requirements
of this Chapter, provided that the continuance is set for a specific
date, time and location announced at the original public hearing.
H. Action By Review Bodies. Review bodies shall take the actions indicated
in Table 400.270. A review body may take any action on the application
consistent with notice given or criteria in this Chapter, regardless
of the presence of the applicant, including the following (or recommend
the following when the review body is a recommending body):
2.
Approve the application with conditions or modifications.
4.
Continue the application to allow further analysis. The continued
application shall not be more than sixty (60) days from the original
review without consent of the applicant. No application shall be continued
more than once by each review body without consent of the applicant.
I. Appeals. Where a review body is designated as the appellate body
in Table 400.270, the following appeal procedures apply:
1.
Appeals shall be filed with the Zoning Enforcement Officer within
fifteen (15) days of the decision by the decision-making review body.
2.
The following persons and entities shall have standing to appeal
the action of the review body:
b.
The Zoning Enforcement Officer, on behalf of any public official,
department, or agency.
c.
Any owner of land that is the subject of the action or proposed
action:
d.
Any person given the right of appeal by law.
3.
The review body designated as the appellate body shall consider
the application as a new matter, and within sixty (60) days of the
date that the appeal was filed may take any action authorized by the
decision-making review body. The procedure and required notice shall
be the same as required of the original application.
J. Technical Studies. The Zoning Enforcement Officer, on behalf of any
public official, department, or agency, the City Planner, the Planning
and Zoning Commission or the Board of Aldermen may require applicants
for development or permit approval to submit technical studies as
may be necessary to evaluate the application. Technical review by
outside entities with expertise or jurisdiction over some aspects
of the application may be required in place of, in addition to, or
in association with any studies. Examples of technical studies that
may be required include traffic studies, engineering studies, geologic
or hydrologic studies, environmental impact assessments, noise studies,
market studies or economic impacts. The persons or firms preparing
the studies shall be subject to the approval of the Zoning Enforcement
Officer. The costs of all studies shall be borne by the applicant.
Any application that is determined to require technical studies or
review from entities outside of the City may require special schedules
based on the reasonable time frames to conduct those studies or additional
reviews.
K. Successive Applications. In the event that the review body takes
final action to deny an application, the same or a similar application
shall not be refiled for one (1) year from the advertised review date.
The Zoning Enforcement Officer, upon petition by the applicant, may
permit a refiling of the application no sooner than one hundred eighty
(180) days after the scheduled review date when it is determined that
significant physical, economic or land use changes have taken place
within the immediate vicinity, or a significant Development Code text
amendment has been adopted. There shall be no time limitation on a
substantially different application.