(A)
This chapter shall be administered by a Zoning Administrator who shall be appointed by the City Council.
(B) In many communities, the Zoning Administrator is also designated as the Building Inspector. The Zoning Administrator is the central figure in zoning administration. All zoning and subdivision cases are coordinated through the office of the Zoning Administrator and the Administrator is the first and last person who has contact with developers and builders with regard to zoning and approval of subdivisions.
As the name implies, the Zoning Administrator is not a policy maker nor does the Administrator establish the zoning regulations or subdivision requirements. If there is any question about whether or not to grant approval of a zoning permit or subdivision plat, the Zoning Administrator will immediately begin routing the application to the appropriate governmental organization for action.
(C) Specific duties of the Zoning Administrator include:
(1) Issue building permits and certificates of occupancy.
(a) Receive application and permit fee from anyone who is erecting any structure within the zoning jurisdiction;
(b) Explain to the applicant what the requirements are in the zoning regulations or any codes adopted by the governing body;
(c) Check with zoning regulations to see if land is properly zoned and if plans meet the legal requirements. If in conformance, then submit the application to the Planning Commission and City Council for their review and consideration for approval. If approved by both the Planning Commission and City Council, then issue the permit; and
(d) Make final inspection at that time to determine if structure meets all legal requirements.
(2) Receive applications for variance:
(a) Inform applicant of legal procedures;
(b) Prepare report for Zoning Board of Adjustment, which describes property and special conditions;
(c) Transmits report to Zoning Board of Adjustment; and
(d) Keep complete records on application.
(3) Receive applications for special use permits:
(a) Inform applicant of zoning requirements and codes and of legal process;
(b) Advertise public hearing ten days prior to Planning Commission meeting;
(c) Notify area residents as prescribed by law; and
(d) Maintain records.
(4) Receive requests for rezoning:
(a) Inform applicant of legal process;
(b) Prepare report for the Planning Commission that describes property and neighborhood;
(c) Advertise public hearing ten days prior to the Planning Commission meeting. Inform school board of proposed rezoning at least ten days before public hearing. Notify area residents as prescribed by law;
(d) Keep minutes of public hearing;
(e) Advertise public hearing before governing body at least ten days prior to meeting;
(f) Keep minutes of public hearing held by governing body; and
(g) If rezoning is granted, make the appropriate change on the official zoning map.
(5) Prepare proposals for amending zoning regulations:
(a) Upon request from Planning Commission or governing body, prepare zoning amendment to the regulations;
(b) Present proposal to the Planning Commission and governing body;
(c) Advertise for public hearing before the Planning Commission at least ten days prior to hearing. Inform school board of proposed amendment at the same time;
(d) Keep minutes of public hearing; and
(e) Advertise for public hearing before governing body at least ten days prior to hearing.
(6) Receive application for subdivision plat:
(a) Receive application from anyone who is subdividing any parcel of land into two or more parcels;
(b) Explain to applicant what the requirements are in the subdivision regulations or related regulations effecting the subdivision of land in the political jurisdiction;
(c) Make arrangements for conferences between the subdivider and the Planning Commission or governing body;
(d) Receive and review pre-plat sketch, preliminary plat, and formal plat;
(e) Submit comments and plat review remarks to the Planning Commission or governing body where appropriate;
(f) Inform the subdivider of plat approval or denial by governing body; and
(g) Keep records of all subdivisions and incorporate appropriate changes to the official base map for the political jurisdiction resulting from approval of subdivision.
(7) Receive application for waiver to the provisions of the subdivision regulations:
(a) Receive application for waiver from the subdivider;
(b) Inform the subdivider of the required procedures;
(c) Prepare report for the Planning Commission describing the waiver and applicable information relating to the waiver;
(d) Transmit recommendations of the Planning Commission to the governing body with appropriate comments regarding approval or denial of the request for a waiver;
(e) Notify the subdivider of action by the Planning Commission and the governing body; and
(f) Keep records of all applications for waivers.
(8) Prepare proposals for amending the subdivision regulations:
(a) Upon request from the Planning Commission or governing body, prepare amendment to the regulations;
(b) Present proposal to the Planning Commission and governing body;
(c) Advertise for public hearing before the Planning Commission at least ten days prior to hearing. Inform school board of proposed amendment at the same time;
(d) Keep minutes of public hearing;
(e) Advertise for public hearing before governing body at least ten days prior to hearing;
(f) Keep minutes of public hearing held by governing body; and
(g) If amendment is approved, make appropriate changes in all official copies of the subdivision regulations.
(9) Maintain permanent and current records of this chapter, including but not limited to, all zoning maps, amendments, special use permits, variances, appeals, and applications thereof and records of hearings thereon and update each year:
(a) The compiled text of this chapter and amendments thereto, including all amendments adopted through the preceding December 31; and
(b) A zoning map or maps, showing the zoning districts, divisions, and classifications in effect on the preceding December 31.
(10) Whenever the Zoning Administrator shall find that any of the provisions of this chapter have been or are being violated, he or she 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 or she may order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings, structures, or additions or alterations thereto; discontinuance of any illegal work being done; or take any other appropriate action authorized by this chapter to ensure compliance with, or to prevent violation of, its provisions.
(D) As the above mentioned duties indicate, the Zoning Administrator equally serves both the citizens of the community who apply for building permits or submit plats and the local governing body.
(Ord. 667, passed 12-3-2014; Ord. 718, passed 9-1-2021)