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(a) Establishment and Qualifications. The Zoning Enforcement Officer, together with such assistants as deemed necessary, shall act as the administrative officer for the purpose of effecting the proper administration of this Planning and Zoning Code.
(1) The Zoning Enforcement Officer and his or her assistants shall be appointed by the Mayor.
(2) The Zoning Enforcement Officer shall possess the knowledge, training, ability, experience and education set forth in Section 256.98 of the City Charter.
(b) Powers and Duties. The Zoning Enforcement Officer shall have the following powers and duties:
(1) Enforce the provisions of this Planning and Zoning Code and interpret the meaning and application of its provisions.
(2) Accept applications and as required by this Planning and Zoning Code forward such applications to the appropriate person(s).
(3) Issue zoning permits as provided by this Planning and Zoning Code and keep a record of same with a notation of any special conditions involved.
(4) Issue certificates of occupancy as provided for by this Planning and Zoning Code and keep a record of same.
(5) Maintain any records required by this Planning and Zoning Code including inspection documents, and records of all variances, amendments, special uses, and similar use determinations.
(6) Make such records available for the use of Council, the Planning Commission, the Board of Zoning and Building Appeals and the public.
(7) Conduct or cause the inspection of buildings and uses of land to determine compliance with this Planning and Zoning Code.
(8) Determine the existence of any violations of this Planning and Zoning Code and cause such notifications, revocation notices, stop orders or tickets to be issued, or initiate such other administrative or legal action as needed, to address such violations.
(9) Maintain in current status the "Official Zoning District Map" of the City.
(Ord. 58-01. Passed 5-29-01.)
(a) Establishment. The City Council shall retain an architect for the French Creek District.
(b) Duties of the City Architect. For the purposes of this Planning and Zoning Code, the City Architect shall be responsible for reviewing applications for new construction and significant exterior alterations of buildings in the C-2 French Creek district to determine compliance with the design guidelines established in Section 1270.09. The City Architect shall provide a recommendation regarding such to the Planning Commission.
(Ord. 58-01. Passed 5-29-01.)
(a) Establishment. The Board of Zoning and Building Appeals is established by the City Charter.
(b) Meetings. Meetings of the Board of Zoning and Building Appeals shall be held at the call of the Chairperson and at such other times as the Board may determine. All such meetings shall be open to the public. The Board shall adopt rules and regulations in accordance with this Planning and Zoning Code as may be necessary to put into effect the powers and jurisdiction conferred herein.
(c) Membership and Compensation. The Board of Zoning and Building Appeals shall be composed of five qualified members appointed by the Mayor, with the concurrence of two-thirds of the membership of the legislative authority, who shall be appointed for terms of five years as set forth in the Charter.
(1) Commencing with the year 2020, each of the members of the Board of Zoning and Building Appeals shall receive annual compensation in an amount to be established by City Council in its annual “Ordinance Establishing Compensation for Full and Part-time Administrative Positions Not Covered by Any Collective Bargaining Agreement,” payable on a monthly basis
(2) The Chairperson of the Board of Zoning and Building Appeals shall be compensated at the rate of one and one-half times the compensation paid to other members of the Board of Zoning and Building Appeals, payable on a monthly basis.
(d) Powers and Duties. For the purposes of this Planning and Zoning Code, the Board of Zoning and Building Appeals shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, permit, decision, interpretation, determination or refusal made by the Zoning Enforcement Officer or any other administrative official carrying out or enforcing any provision of this Planning and Zoning Code, or in the interpretation of the Official Zoning District Map. A concurring vote of three members of the Board is necessary to reverse or modify any order or decision of an administrative official.
(2) To authorize such variances from the terms of this Planning and Zoning Code where, owing to special conditions, a literal enforcement of this Planning and Zoning Code will result in extreme practical difficulty, provided that such variances will serve the public interest, observe the spirit of this Planning and Zoning Code and secure substantial justice to all parties concerned.
(3) To permit the substantial remodeling of a nonconforming use and/or to permit the substitution of one nonconforming use with another nonconforming use in conformance with the provisions of this Planning and Zoning Code.
(4) To hear and decide all matters specifically referred to it for decision such as district boundary lines and other sections of this Planning and Zoning Code.
(5) To adopt rules or bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.
(Ord. 58-01. Passed 5-29-01; Ord. 42-09. Passed 4-13-09; Ord. 112-19. Passed 12-19-19.)
For the purposes of this Planning and Zoning Code, the powers and duties of City Council shall be limited to the following:
(a) Hold public hearings and vote upon proposed amendments to this Planning and Zoning Code.
(b) Investigate and propose on its own initiative such amendments to this Planning and Zoning Code as it may deem consistent with the purposes of this Planning and Zoning Code, and which further the public health, safety, and general welfare of the City.
(c) Confirm or reject the recommendation of the Planning Commission for special use permits according to the procedures, standards and criteria stated in this Planning and Zoning Code.
(d) Confirm or reject all final plats for major subdivisions, including the financial guarantees for required improvements.
(e) Appropriate sufficient funds for the uses of the Planning Commission and the Board of Zoning Appeals to carry out the provisions of the City Charter and to operate according to the general law.
(f) Establish by ordinance a schedule of fees.
(Ord. 58-01. Passed 5-29-01.)