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No vacant land shall be occupied or used, except for agricultural uses, and no building hereafter erected, reconstructed, altered or enlarged shall be occupied or used until a certificate of occupancy shall have been issued by the planning and development department in accordance with the building code.
(Ord. 13896, passed 10-12-1999; Ord. 17522, § 5, passed 4-24-2007)
(a) The zoning administrative official. The zoning administrative official shall be the director of planning and development or a member of his or her staff as designated by the director. The zoning administrative official shall be the sole person with responsibility to render written decisions or determinations concerning the provisions of the zoning ordinance.
(b) Filing a request for interpretation. A request for official interpretation of any section of the city’s zoning ordinance shall be in writing and filed with the zoning administrative official. Each request shall list the applicable section(s) in the zoning ordinance, the specific property address, and a description of the issue on which the requestor is seeking an interpretation. The requester shall provide additional information upon request of the zoning administrative official. The requestor shall have ten days to provide additional information as requested by the Zoning Administrative Official. If the information is not provided within the ten days, the request will be deemed withdrawn and no further action will be taken by the zoning administrative official.
(c) Interpretation of the zoning administrative official. The zoning administrative official shall:
(1) Review and evaluate the request in light of the text of the zoning ordinance, the official zoning map, the comprehensive plan and other relevant information; and
(2) Consult with staff, as necessary, and may request additional information from city staff before rendering a decision; and
(3) Render an interpretation in writing and delivered to the requestor by depositing the same, properly addressed and postage paid, in the United States Mail.
(d) The decision of the zoning administrative official shall be final unless timely appealed to the board of adjustment.
(Ord. 13896, passed 10-12-1999; Ord. 21816-08-2015, § 1, passed 8-4-2015, eff. 8-12-2015)
(a) Appeal to board of adjustment. The requestor, any person aggrieved by the interpretation, or any officer, department, board or bureau of the city affected by the interpretation of the zoning administrative official may appeal the interpretation to the board of adjustment. The appeal must be in writing, be filed with the administrative official and specifically allege the error in the decision or determination of the zoning administrative official for the property in question. All such appeals to the board of adjustment must be made within 30 days from the date of the zoning administrative official’s written decision. A member of the board of adjustment may not bring an appeal under this section.
(b) Appeal fee required. Every appeal shall be accompanied by the appropriate filing fee as provided in the schedule of fees contained in Chapter 25 of the city code. No fee shall be charged for requests filed upon recommendation of the zoning commission, city plan commission, or city council. A separate fee shall be charged if the appeal contains multiple interpretations by the zoning administrative official or is for multiple property addresses unless all the properties are owned by the same person or entity and the interpretation involves the same provisions in the zoning ordinance. No refund shall be made under any circumstances except in the event the appeal is withdrawn prior to the mailing of the required written notification.
(c) Complete appeal request. No appeal shall be forwarded to the board of adjustment until the requirements of subsection (a), above are met and the filing fee is paid in full.
(d) Written notice. Written notice of an appeal of an interpretation by the zoning administrative official shall be given to the requestor, the subject property owner(s) and owners of real property lying within 300 feet of the subject property or properties. Such notice shall be given not less than ten days before the date set for the board of adjustment hearing to all such owners who have rendered their property for city taxes, as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Mail.
(e) Information to the board of adjustment. After an appeal is timely filed and the appropriate fees are paid in full, the zoning administrative official shall provide the board of adjustment with a copy of the interpretation request, the decision or determination, and any documents regarding the matter that has been appealed.
(f) Appeal stays all proceedings. An appeal to the board of adjustment stays all enforcement proceedings involving the action appealed unless the building official certifies in writing to the board of adjustment and the zoning administrative official facts supporting the building official’s opinion that a stay would cause imminent peril to life or property.
(g) The zoning administrative official shall schedule the appeal for a hearing before the board of adjustment within 60 days of the date of the appeal application.
(Ord. 13896, passed 10-12-1999; Ord. 21816-08-2015, § 1, passed 8-4-2015, eff. 8-12-2015)
(a) Hearing. The board of adjustment shall hear and render a decision on the appeal within three regularly scheduled hearing dates of the initial hearing. Public notice of the hearing shall be as set forth in § 3.201(d), above, interpretation procedure. In deciding an appeal regarding an interpretation of the zoning ordinance, the board of adjustment shall:
(1) Review and evaluate the request in light of the text of this zoning ordinance, the official zoning maps, the comprehensive plan and any other relevant information;
(2) Hear testimony from the zoning administrative official regarding the interpretation;
(3) Hear testimony from the appellant and any other interested or aggrieved parties;
(4) Consult with city staff, as necessary; and
(5) Render a decision either affirming or reversing an order, requirement, decision, or determination of the zoning administrative official involving the interpretation of the zoning ordinance.
(b) Vote required. A concurring vote of 75% of all the members of the board of adjustment is required to reverse a decision or determination of the zoning administrative official.
(c) Similar appeals. After a final decision is reached by the board of adjustment, no further request on the same or related issues may be considered by the board for the subject property for two years from the date of the final decision.
(d) Appeal from decision of board. Any requestor or person aggrieved by the decision of the board of adjustment or any officer, department, board or bureau of the city affected by the decision of the board of adjustment may appeal by filing a petition for same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the court within ten days from the day the board renders its decisions.
(Ord. 13896, passed 10-12-1999; Ord. 21816-08-2015, § 1, passed 8-4-2015, eff. 8-12-2015)
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