§ 9. Administration and enforcement—Building permits and certificates of zoning compliance.

A.

Administration and enforcement. An administrative official designated by the city manager shall administer and enforce this appendix. He may be provided with the assistance of such other persons as the city council may direct. If the administrative official shall find that any of the provisions of this appendix are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, and structures; removal of illegal buildings or structures or illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this appendix to ensure compliance with or to prevent violation of its provisions.

B.

Building permits required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the building official. No building permit shall be issued by the building official except in conformity with the provisions of this appendix, unless he receives a written order from the board of adjustment in the form of an administrative review, or variance as provided by this appendix.

C.

Application for building permit. All applications for building permits shall be accompanied by plans in duplicate drawn to scale showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of the buildings already existing, if any; and the location and dimensions of the proposed building or structure or alteration thereof. The application shall include such other information as lawfully may be required by the building official, including, but not limited to, existing or proposed building or alteration, existing or proposed uses of the building and land; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this appendix. The application shall be accompanied with a site plan that should provide the following information:

(1)

Boundaries of the area covered by the site plan;

(2)

Location of each existing and proposed building and structure in the area;

(3)

The location of existing drainage ways; and significant natural features;

(4)

Proposed landscaping and screening buffers;

(5)

The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities, and outside storage facilities;

(6)

The location, height and type of each wall, fence and all other types of screening;

(7)

The location, height and size of all proposed signs.

One copy of the plans shall be returned to the applicant by the building official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of the plans, similarly marked, shall be retained by the building official.

D.

Certificate of zoning compliance for new, altered or nonconforming uses.

(1)

It shall be unlawful to use or occupy or permit the use of or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the building official stating that the proposed use of the building or land conforms to the requirements of this appendix.

(2)

No nonconforming structure or use shall be maintained, renewed, changed or extended until a certificate of zoning compliance shall have been issued by the building official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this appendix, provided that upon adoption or amendment of the ordinance from which this appendix is derived, owners or occupants of nonconforming uses or structures shall have three months in which to apply for certificates of zoning compliance.

E.

Expiration of building permit. If the work described in any building permit has not begun within 90 days from the date of issuance thereof, said permit shall expire; it shall be cancelled by the building official; and written notice thereof shall be given to the person to whom the permit was issued. Further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained. However, if work has not begun within 90 days of the issuance of said permit, or if there has not been substantial completion of the work within one year from the date of issuance of said permit, the building official may, at his option, extend the expiration dates of said permits.

F.

Construction and use to be as provided in applications, plans, permits and certificates of zoning compliance. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the building official authorize only the use, arrangement, and the construction set forth in such approved plans and applications, and no other use, arrangement or construction.

G.

Specific use permits.

1.

Purpose. This section provides the city council the opportunity to deny or to conditionally approve those uses for which specific use permits are required. These uses generally have unusual nuisance characteristics or are of a public or semipublic character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use, the importance of the use's relationship to the comprehensive plan, or possible adverse impact on neighboring properties of the use, review, evaluation, and exercise of planning judgment relative to the location and site plan of the proposed use are required.

2.

Permit required. A building permit or certificate of occupancy shall not be issued for any use to be located in a zoning district which permits that use only as a specific use unless a specific use permit has first been issued in accordance with the provisions of this section.

3.

Application procedure. An application for a specific use permit shall be filed with the planning and zoning commission. The application shall be accompanied by plans that, along with the application, will become a part of the specific use permit, if approved. The accompanying plans shall include the following:

a.

Site plan.

1.

Data describing all processes and activities involved with the proposed use;

2.

Boundaries of the area covered by the site plan, identifying the zoning of the subject property and the adjacent properties;

3.

The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roofline, gross floor area and location of building entrances and exits;

4.

The location of existing drainageways, and significant natural features;

5.

The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities, outside trash storage facilities; and

6.

The location, height and size of all proposed signs.

b.

Landscape plan.

1.

Proposed landscaping and screening buffers; and

2.

The location, height and type of each wall, fence, and all other types of screening.

c.

Photometric plan. The plan shall show lighting calculations in footcandles along the property line.

d.

Building elevations.

1.

Identifying building facade materials;

2.

Overall building height;

3.

Colored elevations, if applicable; and

4.

Building fenestration calculations, if applicable.

e.

Tree survey and mitigation plan.

f.

Utility and drainage plans. Verification of all information contained in the site plan shall be required to be certified by an engineer and/or surveyor, as applicable, as a condition for the granting of any specific use permit. There are two options available for obtaining approval for the utility and drainage plans:

1.

Submit utility and drainage plans with the SUP application; or

2.

Submit utility and drainage plans with the building permit application once the SUP/site plan is approved. Changes in the site plan due to unforeseen obstacles in the installation of the utilities and drainage may require approval of a site plan amendment by the planning and zoning commission. The planning and zoning commission may recommend approval of variations from the original site plan that do not increase the density or result in any increase in external impact on adjacent properties or neighborhoods. Other changes will be required to comply with the SUP amendment process per subsection G.9 of this section ("Amendments").

4.

Public hearings. The notification and public hearing process for a specific use permit or revocation thereof is set forth in section 15.

5.

Conditions for approval. A specific use permit shall be issued only if all of the following conditions have been found:

a.

That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity;

b.

That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property;

c.

That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided;

d.

The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;

e.

The adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;

f.

That directional lighting will be provided so as not to disturb or adversely affect neighboring properties;

g.

That there are sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; and

h.

That the proposed use is in accordance with the comprehensive plan.

6.

Additional conditions. In authorizing a specific use permit, the city council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community.

7.

Time limit. A specific use permit issued under this section shall expire two years after its date of issuance if construction or use authorized thereunder is not substantially under way prior to the expiration of said two-year period; provided, however, if, prior to the expiration of such two-year period, the owner of property to which a specific use permit applies requests, in writing, an extension thereof, the city council, after recommendation from the planning and zoning commission, may approve such extension for not more than two additional years. However, where the development is based on a long-term, multi-phased master plan, the specific use permit issued under this section shall have no expiration date. Further, any substantive change to the master plan shall require an amendment to the specific use permit.

8.

Revocation. A specific use permit may be revoked or modified, after notice and hearing, for either of the following reasons:

a.

The specific use permit was obtained or extended by fraud or deception; or

b.

That one or more of the conditions imposed by the permit has not been met or has been violated.

9.

Amendments. The procedure for amendment of a specific use permit shall be the same as for a new application, provided, however, that the city manager may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in any increase in external impact on adjacent properties or neighborhoods.

10.

Processing fee. A processing fee as set forth in section 14 shall be required for the processing of each specific use permit request.

H.

Site plan process.

1.

Purpose. The purpose of the site plan is to ensure compliance with this appendix and to assist in the orderly and harmonious development of the city, to protect and enhance the general welfare, and to help prevent the impairment or depreciation of land values and development by the erection of structures, additions or alterations thereto without proper attention to site planning and preserving the intent of this appendix.

2.

Site plans required. Site plans shall be required for:

a.

All proposed development on land zoned neighborhood commercial (NC), community shopping center (CSC), downtown district (DD), local neighborhood commercial (LNC), office park development (OPD), light industrial (LI), industrial (I), agricultural (A-1), or business park (BP) or multiple-family residential low-density (MFR-L), multiple-family residential medium-density (MFR-M), and multiple-family residential high-density (MFR-H); and

b.

Where a specific use permit is required by subsection 7.P, permitted use table, and this subsection G; and

c.

A planned unit development (PUD), in accordance with the procedures set forth in section 7.J.

3.

Content. The content of site plans are described above in subsection G.3 of this section.

4.

Staff review. An applicant for development that requires a site plan shall first consult with staff regarding the ordinance requirements and proposed development plan. An applicant shall consult with staff until all significant issues surrounding the proposed site plan and development are resolved, prior to proceeding to the commission.

5.

Commission action. An applicant may submit a site plan for consideration by the commission at any time after staff review is completed. After the proposed site plan is first considered by the commission, the commission shall render a decision thereon within 30 days. Any corrections, changes, or conditions required to ensure the plan complies with all existing ordinances that are imposed by the commission shall be provided to the applicant, in writing, and shall become a part of the approved site plan which, if not met, may be cause for enforcement action or invalidation of the site plan. Approval will expire one year after the approval of the site plans by the commission. Upon expiration of that time, the applicant must resubmit a site plan that conforms to current ordinances, provided, however, the applicant may request an extension in writing, which may be granted by the commission, for a period not to exceed a total of six months.

6.

Enforcement. Following the approval of a site plan, the building official shall inspect the development to ensure that it is in full compliance with the approved site plan.

(Ord. No. 93-13, § 1, 8-16-1993; Ord. No. 99-2, §§ 4, 5, 1-18-1999; Ord. No. 2000-22, § 2, 8-7-2000; Ord. No. 2000-23, § 1, 8-21-2000; Ord. No. 2001-21, §§ 1, 2, 10-15-2001; Ord. No. 2002-09, § 1, 4-15-2002; Ord. No. 2007-12, § 2, 10-1-2007; Ord. No. 2007-18, § 1, 10-15-2007; Ord. No. 2011-35, § 4, 12-5-2011; Ord. No. 2014-04, § 2, 3-3-2014)