The text
Sec. 19-5. - Zoning officer responsibilities.#
(a)
The provisions of this chapter shall be enforced by the zoning officer, unless otherwise specified, who shall be appointed by the mayor. No application, building or zoning permit, plan, specification or intended use which is not in accordance with the provisions of this chapter shall be approved by the zoning officer.
(b)
The zoning officer shall:
(1)
Issue zoning certificates and zoning permits;
(2)
Review and approve for zoning compliance, building permits and certificates of occupancy;
(3)
Collect required fees for variances, modifications (which shall be the same filing fee as variance petitions), special use permits, and appeal applications;
(4)
Receive and review for proper form, all applications for variances, special use permits, and appeals, and, as per section 19-45(c), shall have authority to administratively approve modifications from the dimensional standards of section 19-145 for structures, except for the moving of lot lines, provided the deviation is not more 25 percent, and further provided that the zoning officer receives no written objections to the requested variance within 30 calendar days from the date of notification. Should written objection be received by the zoning officer or if the zoning officer cannot make the required determinations of section 19-45(c), the application shall be considered a variance request, which may only be granted by the zoning board of review or planning board under unified development review through the standard procedures for variances in chapter 19, Zoning;
(5)
Transmit all applications to the zoning board of review, department of planning and urban development, and planning board as specified in this chapter;
(6)
Prepare the calendar of the zoning board of review in compliance with the board's adopted rules of procedure, and include notice of any modifications granted on the agendas of the zoning board of review;
(7)
Keep records on compliance of uses of land;
(8)
Inspect suspected violations and issue violation notices in cooperation with the law department.
(c)
Upon written request the zoning officer shall, in order to provide guidance or clarification, issue a zoning certificate or provide information to a requesting party as to the determination by the zoning officer on issues of compliance, applicability and interpretation of this chapter. This response must be issued within 15 days of receipt of the written request. In the event that no written response is provided within such time, the requesting party shall have the right to appeal to the zoning board of review for such determination.
(d)
When in the opinion of the zoning officer it is necessary or when required by this chapter, the zoning officer shall seek technical assistance or approval from other city officials in the administration of this chapter. Such technical assistance or approval, unless otherwise specified, may serve in whole or in part as the basis for the approval or disapproval of a zoning permit. Any permit or license issued in conflict with the provisions of this chapter shall be deemed null and void.
(e)
Actions and decisions of the zoning officer may be appealed to the zoning board of review in accordance with section 19-51.
(f)
Minimum qualifications for the zoning officer shall include: Graduation from a recognized college or university with a bachelor's degree in planning or closely related field and three years of experience in a position requiring office administration, review of site plans, and interpretation of zoning regulations; or a masters degree in city or regional planning or a closely related field, and one year of the specified experience; or eight years of a combination of planning experience and training which provides the abilities, knowledge and skills specified.
(Rev. Ords. 1987, § 19-5; Ch. 470A, § II, 10-7-08; Ch. 506, § III, 7-20-10; Ch. 877, § I, 6-6-23; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)
Sec. 19-6. - Publication and availability of the zoning ordinance and zoning map.#
(a)
Printed copies of this chapter and zoning map of the city shall be available to the general public and shall be revised to include all amendments as set out in sections 19-71 through 19-77. A reasonable charge shall be made for copies to reflect printing and distribution costs. The city clerk shall be responsible for providing these copies and collecting fees.
(b)
Upon publication of a zoning ordinance and zoning map and any amendments thereto, the city clerk shall send a copy, without charge, to the associate director of the division of planning of the department of administration of the state, and the state law library.
(Rev. Ords. 1987, § 19-6)
Sec. 19-7. - Maintenance of the zoning ordinance and zoning map.#
(a)
The city clerk shall be the custodian of the zoning ordinance and zoning map created thereunder. In addition the city clerk shall be responsible for maintaining and updating the text and zoning map comprising the zoning ordinance. Changes which impact the zoning map shall be depicted on the map within 90 days of such authorized changes and changes to the text shall be included in the zoning ordinance within 30 days of such authorized changes.
(b)
In the case of a conditional zone change, the limitations, restrictions and conditions shall not be included on the zoning map until the zone change has become effective.
(c)
It shall be the responsibility of the city clerk to receive, in proper form, petitions for amendments or repeals to the zoning ordinance and/or amendments to the zoning map as outlined in section 19-72. The city clerk shall collect the required fees for such petitions as set by the city council.
(d)
Minimum qualifications of the city clerk shall be as set out in section 2-16 of the Charter.
(Rev. Ords. 1987, § 19-7)
Sec. 19-8. - Conflict.#
(a)
This chapter shall not repeal, annul or impair any existing provisions of law, this chapter, other ordinances 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 premises. However, wherever the terms of this chapter require a greater width or size of yards or other open spaces, a lower height of building or less number of stories or a greater percentage of lots to be left unoccupied or impose other greater standards than are required in any other statute, ordinance or regulation, the provisions of this chapter shall govern. Wherever the provisions of any other statute, ordinance or regulation require a greater width or size of yards, courts or other open spaces, a lower height of building or less number of stories or a greater percentage of lots to be left unoccupied or impose other higher standards than are required in this chapter, the provisions of such statute, ordinance or regulation shall govern.
(b)
All variances and exceptions heretofore granted by the zoning board of review, and approvals by other zoning enforcement bodies, shall remain in full force and effect, and all terms, conditions and obligations imposed by the board or other zoning enforcement agency shall remain in effect and be binding to the same extent as if this chapter had not been enacted. All violations of previous provisions shall be punishable as if they had not been repealed and shall remain in effect insofar as required for the initiation of any proceedings against such violations and for the prosecution of any violations heretofore commenced.
(Rev. Ords. 1987, § 19-8(a), (b))
Sec. 19-9. - Annual review.#
The provisions of this chapter shall be reviewed annually after public notice by the planning board for the purpose of considering proposed amendments deemed appropriate in the light of changing conditions or policies. After such annual review the planning board shall make a written report to the city council advising the council of its review and transmitting recommendations the planning board may have, if any, regarding the provisions of this chapter. In addition whenever the city comprehensive plan is amended, the planning board shall identify any changes necessary to the zoning ordinance, to ensure consistency and forward these changes to the city council.
(Rev. Ords. 1987, § 19-9)
Sec. 19-10. - Penalty for violations.#
(a)
Any person, whether as principal, agent, employee or otherwise, who violates any of the provisions of this chapter, any of the conditions under which a permit is issued or any decision rendered by the zoning board of review, city council, zoning officer, or technical review committee shall be fined not exceeding $500.00 for each offense, such fine to inure to the city, and each day that such violation shall continue shall be deemed to constitute a separate offense. The penalty shall be reasonably related to the seriousness of the offense.
(b)
The erection, construction, reconstruction, alteration, enlargement or moving of any building or structure and the use of any land, premises, building or structure which is continued, operated or maintained contrary to the provisions of this chapter is hereby declared to be a violation of this chapter and unlawful. The city solicitor shall institute appropriate legal action to redress such violations.
(c)
The city may also cause suit to be brought in the supreme court or superior court, or any municipal court including a municipal housing court having jurisdiction in the name of the city, to restrain the violation of, or to compel compliance with, the provisions of this chapter. The city may consolidate an action for injunctive relief and/or fines under this chapter in the superior court of the county.
(Rev. Ords. 1987, § 19-10)
Sec. 19-11. - Participation in a zoning hearing.#
Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.
(Rev. Ords. 1987, § 19-11)
Sec. 19-12. - Extension of deadlines by consent.#
The provisions of this chapter pertaining to decision deadlines, shall not be construed to apply to any extension for good cause, consented to by an applicant.
(Rev. Ords. 1987, § 19-12)
Sec. 19-13. - Special conditions.#
In making any determination upon which it is required to pass after public hearing under this chapter, the zoning board of review or other zoning enforcement agency may apply such special conditions that may in the opinion of the board or agency, be required to promote the intent and purposes of the city comprehensive plan and this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include but are not limited to provisions for: (1)
Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;
(2)
Controlling the sequence of development, including when it must be commenced and completed;
(3)
Controlling the duration of use or development and the time within which any temporary structure must be removed;
(4)
Assuring satisfactory installation and maintenance of required public improvements;
(5)
Designating the exact location and nature of development; and
(6)
Establishing detailed records by submission of drawings, maps, plats, or specifications.
(Rev. Ords. 1987, § 19-13)
Sec. 19-14. - Setting fees.#
The city council shall set a fee schedule for the applications contained within this chapter to cover the costs associated with the review, hearing, notice and recording fees. These fees shall be reviewed at a minimum on an annual basis and not more than a quarterly basis. It shall be the responsibility of the city clerk to ensure fees are reviewed in accordance with this schedule.
Fees as set by the city council are contained in appendix A, land use and development fees, on file in the office of the city clerk.
(Rev. Ords. 1987, § 19-14; Ch. 198, § II, 2-19-02)
Sec. 19-15. - Coordination with contiguous communities.#
It is the intention of this chapter to facilitate coordination with contiguous municipalities and state agencies with regard to land use decisions which may affect shared resources and facilities, abutting property, and the greater public good. This coordination shall be carried out by assuring this chapter is consistent with the city comprehensive plan and any amendments thereto, which is reviewed by other municipalities and state agencies, and notifying, in accordance with state statutes, property owners, water resource boards, and/or city or town governing bodies of pending variance and special use applications or zoning map amendment petitions, and associated public hearings. Notices of proposals in neighboring communities or by state agencies, shall be forwarded to the department of planning and urban development for their review and when concerns exist with regard to consistency with the objectives of the city comprehensive plan, comments shall be prepared and forwarded to the agency submitting notice.
(Rev. Ords. 1987, § 19-15)
Sec. 19-16. - Vested rights.#
(a)
Any application for development under this chapter, including an application for a special use permit, variance, or development plan review, shall be considered vested when the submitted application is deemed to be substantially complete by the proper administration and/or official designated to receive such applications. An application shall include all required forms, plans, supporting documentation, and required fees. Any application considered by the city under the provisions of this section shall be reviewed according to the regulations applicable in the zoning ordinance in force at the time the application was deemed substantially complete.
(b)
If an application for development under the provisions of this section is approved, the applicant shall initiate and substantially complete development of the property within the time limit established for each of these actions in the appropriate section of the zoning ordinance.
(c)
Failure to initiate development of the property prior to the time limit established at approval, shall render the approval null and void. Any development of the property proposed after the lapse of the time limit established at approval, shall require a resubmission of development plans by the applicant subject to the regulations in the appropriate sections of the zoning ordinance.
(Rev. Ords. 1987, § 19-16)