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The provisions of these zoning regulations shall be administered by the Building Department, under the direction of the building/zoning official, who shall act as an administrative official. The official may be provided with the assistance of such other persons as the mayor may direct. It shall be the duty of the administrative official to see that these regulations are enforced through the proper legal channels. Appeal from the decision of the administrative official may be made to the Board of Zoning Adjustment. The administrative official, and his designees, are generally empowered to carry out or conduct any activities essential to the proper administration and enforcement of these regulations; said activities to include, but not be limited to, the following:
(A) Permits. To issue a, building permit, and certificate of occupancy when compliance is made with these regulations; to refuse to issue the same in the event of noncompliance; and to give written notice of such refusal and reason thereof to the applicant.
(B) Collections. To cause the collection of the designated fees as set forth in these regulations.
(C) Records. To make and to keep all records necessary and appropriate to the office, including records of the issuance and denial of all building permits, and certificates of occupancy, and the receipt of complaints of violation of these regulations and action taken on the same, and to file such for record.
(D) Inspections. To inspect any building or land to determine whether violations of these regulations have been committed or exist.
(E) Enforcement. To enforce these regulations and take all necessary steps to remedy any condition found in violation. The city may enjoin any individual or property owner who is in violation of these regulations to prevent or correct such violation. Any individual aggrieved by a violation of these regulations may request an injunction against any individual or property owner in violation of these regulations, or may mandamus any official to enforce the provisions of these regulations.
(F) Advisements. To keep the mayor, City Council, Planning Commission, and Board of Zoning Adjustment advised of all matters other than routine that relate to the administration and enforcement of these regulations.
(Ord. 2017-05-635, passed 5-2-17)
(A) It shall be unlawful to commence the construction, reconstruction, moving, demolition or structural alteration of any building until a building permit has been issued. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of these regulations and other applicable building codes, laws, or regulations. Compliance with paved parking and other site standards shall be achieved as a condition a change of use for commercial, industrial and multifamily purposes.
(B) All applications for building permits shall be accompanied by a reproducible plan drawn to scale, showing the size of the building to be erected and its location on the zoning lot, the location of any existing buildings or structures, location and dimensions of all driveways and parking or loading areas, drainage and such other information as may be necessary to provide for the administration of these regulations.
(C) Site plans shall be required for all multi-family development proposals of three units or more, as well as for all new commercial and industrial development, and substantial redevelopment. Such plans shall be reviewed and approved by Planning Commission. Complete requirements for site plans are included in the appendices hereto.
(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2023-06-1054, passed 6--23)
(A) Purpose and authority. Certificates of occupancy are required to ensure that completed structures and the development of property of which such structures are a part, comply with the provisions of this chapter, as well as any site plans or conditional use approvals for such structures and development. The building official shall have the authority and responsibility to issue and keep records of certificates of occupancy in accordance with the requirements set forth in these regulations, and the building code. A certificate of occupancy must be applied for, and issued by the building official prior to occupancy and use of a structure or premises for any of the following:
(1) Any new structure.
(2) Any addition to an existing nonresidential structure.
(3) Any change in occupancy or use of a building or premises that involves nonresidential occupancy.
(4) Placement or change in occupancy of any manufactured home on any lot or parcel, regardless of use.
(B) Procedure. A certificate of occupancy shall be applied for coincident with the application for a building permit.
(1) The building official or his designated agent shall inspect the property that is the subject of an application within a reasonable time after a completed application has been filed, and shall issue a certificate of occupancy if the premises and the property comply in all respects with the applicable development regulations in effect for the city. If the premises do not so comply, the building official shall deny the application in a written notice mailed to the applicant with five days, excluding weekends and holidays, after the inspection of the property, specifying the provisions of which regulation or code the structure or development does not comply.
(2) A temporary certificate of occupancy may be issued for a portion or portions of a building that may safely be occupied prior to final completion of the building. A temporary certificate of occupancy shall be valid for a period not exceeding one month, and may be renewed on a monthly basis up to a total of six months. Such temporary certificate shall not be construed as, in any way, altering the respective rights, duties, or obligations of the owner or of the city relating to the use or occupancy or any other matter required by these regulations.
(C) Contents of certificate of occupancy. Information required for submission to obtain a certificate of occupancy shall include:
(1) Name of applicant.
(2) Nature and extent of the applicant's ownership interest in the subject property.
(3) Address of the property for which a certificate is requested.
(4) A legal description of the property, the zoning classification for the property, and a statement that the use of the property is allowed or permitted in the zoning classification for the property.
(5) A site plan for any new construction (same as required for a building permit) for the structure, or the development of which such structure is a part, is required.
(6) Such other information as requested by the building official to ensure conformance with applicable development regulations.
(Ord. 2017-05-635, passed 5-2-17)
(A) Two types of amendments to these zoning regulations are recognized; one being a revision in the text provisions, and the other being a change of boundary in a zoning district (a.k.a. a map amendment or rezoning).
(1) Text amendments. Amendments to the text may be initiated by the Planning Commission, the City Council, or by the mayor. Proposed amendments shall be processed in accordance with the procedures set forth in this section.
(2) Notice. The building/zoning official shall be responsible for scheduling a public hearing before the Planning Commission. He shall prepare the content of a public notice, and ensure that the notice is published in a newspaper of general circulation within the city at least 15 days before the public hearing.
(B) Hearing and recommendation by the Planning Commission. The Planning Commission shall conduct a public hearing on the proposed amendment, hearing both the proponents and opponents, if any. Following the public hearing, the commission shall determine its recommendation(s) regarding the proposed amendment, and make such known to the City Council.
(C) Action by the City Council. After receiving the recommendation of the Planning Commission, the City Council may approve the amendment as submitted; approve a revised version they deem appropriate; return it back to the Planning Commission for further study and reconsideration; table it; or deny it. If the City Council action does not take place within three months after the Planning Commission's public hearing, the amendment process must begin anew.
(D) Change in district boundary. A change in a zoning district boundary, also referred to as a map amendment or rezoning, may be proposed by the City Council, the Planning Commission, or by a property owner or his legal agent. Such amendments shall be considered in accordance with the procedures set forth in this section.
(E) Application submittal. A complete application for a change in a zoning district boundary (or map amendment), hereafter referred to as a rezoning, shall be submitted to the zoning official in a form established for that purpose, along with a non-refundable re-zone processing fee. The filing deadline for inclusion on the Planning Commission agenda shall be the first Tuesday of the month preceding the Planning Commission meeting for the month, which is held on the fourth Tuesday of the month. No application shall be processed until the zoning official determines that the application is complete, and the required fee has been paid.
(F) Notice. Promptly upon determining that the application is complete, the zoning official shall schedule a public hearing date before the Planning Commission, notify the applicant of the hearing date, and provide at least 15 days notice of the hearing in a newspaper of general circulation in the city. The notice shall indicate the time and place of the public hearing; give the general location and description of the property, such as the street address and acreage involved; describe the nature, scope and purpose of the application; and indicate where additional information about the application can be obtained.
(1) The applicant shall: (1) post notice on weatherproof signs provided by the city; (2) place the signs on the property that is the subject of the application at least ten days before the public hearing; and (3) ensure that the signs remain continuously posted until a final decision is made by the City Council. One sign shall be posted by the applicant for each 300 feet of street frontage, up to a maximum of four signs. Signs shall be placed along each abutting street in a manner that makes them clearly visible to neighboring residents, and passers-by. There shall be a minimum of one sign along each abutting street.
(2) Individual property owners applying for changes to the official zoning map shall present evidence to the zoning official, at least ten days prior to the required public hearing, that all property owners within 200 feet of the boundaries of the subject property have been notified of the proposed zoning change, and of the time, date, and place of the public hearing. Such evidence shall consist of postmarked, certified receipts and/or return receipts.
(3) Hearing and recommendation by the Planning Commission. The Planning Commission shall hold a public hearing on the proposed rezoning. At the conclusion of the hearing, and after deliberation, the commission shall recommend approval as submitted; may recommend approval of less area and/or of a lesser intense, but like classification than what was applied for; table with cause, not to exceed one time for consideration at the next meeting; or deny the application. The commission shall, regardless of the action taken, submit an accurate written summary of the proceedings to the City Council.
(4) Hearing and action by the City Council. After the Planning Commission recommends approval of an application, a City official shall be responsible for preparing the appropriate ordinance, and requesting that the Clerk-Treasurer place it on the City Council agenda. The zoning official shall review the proposed rezoning ordinance, prior to its placement on the City Council agenda, to verify that the contents of the document, and the property description therein, accurately reflect the action taken by the Planning Commission.
(5) If the Planning Commission does not recommend approval of an application, the City Council may consider the matter, but only after an appeal is filed by the property owner with the City Clerk within ten business days after the decision has been rendered by the Planning Commission. The appeal shall consist of a letter from the aggrieved party which sets forth the reasons for the appeal, any other necessary information as well as the payment of any required fee.
(6) In considering an application for approval, whether on appeal or not, the City Council may reduce the amount of land area included in the application, but not increase it; and may change the requested classification in whole or in part, to a less intense zoning district classification than was indicated in the Planning Commission’s required public notice.
(G) Approval criteria. The criteria for approval of a rezoning are set out in this section. Not all of the criteria must be given equal consideration by the Planning Commission or City Council in reaching a decision. The criteria to be considered shall include but not be limited to the following:
(1) Consistency of the proposal with the comprehensive plan.
(2) Consistency of the proposal with the purpose of these regulations.
(3) Compatibility of the proposal with the zoning, uses and character of the surrounding area.
(4) Suitability of the subject property for the uses to which it has been restricted without the proposed zoning map amendment.
(5) Extent to which approval of the proposed rezoning will detrimentally affect nearby property including, but not limited to, any impact on property value, traffic, drainage, visual impairment, odor, noise, light, vibration, hours of use/operation, and any restriction to the normal and customary use of the affected property.
(6) Length of time the subject property has remained vacant as zoned, as well as its zoning at the time of purchase by the applicant; and
(7) Impact of the proposed development on community facilities and services, including those related to utilities, streets drainage, parks, open space, fire, police, and emergency medical services.
(H) Successive applications. In the event that the City Council denies an application for a rezoning, a similar application involving any of the property considered in the previous rezoning request shall not be considered by the planning commission for six months from the date of the denial by the City Council, unless the planning commission, upon recommendation by the zoning official, determines that there is a significant change in the size or scope of the project, or that conditions have changed in the area affected by the proposed rezoning.
(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2019-09-861, passed 9-3-19; Am. Ord. 2023-06-1054, passed 6--23)
(A) Any person, firm or corporation who shall violate any of the provisions of these zoning regulations, or fail to comply thereafter with any of the requirements thereof, or who shall build, alter, move, or occupy any building in violation of any detailed statement or plans submitted and approved hereunder, shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine not exceeding $500 or double such sum for each repetition thereof. If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuance thereof is a fine not to exceed two hundred fifty dollars $250 for each day that the same is unlawfully continued. The owner or owners of any building or premises or part thereof where anything in violation of these regulations shall be placed, or shall exist, and any architect, builder, contractor, agent, engineer, person, firm or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense, and upon conviction thereof shall be fined as herein above provided.
(B) Violations of these regulations that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty, however, does not prevent the simultaneous granting of equitable relief in appropriate cases.
(Ord. 2017-05-635, passed 5-2-17)
Excerpts from The Flag Code
Title 4, United States Code, Chapter 1
§ 6. Time and occasions for display
(a) It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness.
§ 7. Position and manner of display
(c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy.
(e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs.
(f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag’s right.
§ 8. Respect for flag
(i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.
Flag Size and Flagpole Standards | |||
Home Use | Public Display (not home-use) | ||
Flagpole | Flag | Flagpole | Flag |
Flag Size and Flagpole Standards | |||
Home Use | Public Display (not home-use) | ||
Flagpole | Flag | Flagpole | Flag |
15' | 3'x5' | 20' | 4' x 6' |
20' | 3'x5' | 25' | 5' x 8' |
25' | 4'x6' | 30' - 35' | 6' x 10' |
40' - 45' | 6' x 10' - 8' x 12' | ||
50' | 8' x 12' - 10' x 15' | ||
60' - 65' | 10' x 15' - 10' x 19' | ||
70' - 80' | 10' x 19' - 12' x 18' | ||
90' - 100' | 20' x 38' - 30' x 50' | ||
(Ord. 2017-05-635, passed 5-2-17)
A | R-E | R-1 | R-2 | R-3L | R-3 | R-4 | R-MF-16 | ||||||
Category names | Agricultural | Residential estates | Single- Family 1 unit/acre | Single- Family Residential 2 units/acre | Single- Family Residential 3 units/acre | Single- Family Residential 3 units/acre | Single- Family Residential 4 units/acre | Multi-Family Residential 16 units/acre | |||||
A | R-E | R-1 | R-2 | R-3L | R-3 | R-4 | R-MF-16 | ||||||
Category names | Agricultural | Residential estates | Single- Family 1 unit/acre | Single- Family Residential 2 units/acre | Single- Family Residential 3 units/acre | Single- Family Residential 3 units/acre | Single- Family Residential 4 units/acre | Multi-Family Residential 16 units/acre | |||||
Density | 1 unit/5 acres | 1 unit/2 acres | 1 unit/a cre | 2 units/ac re | 3 units/acr e | 3 units/ac re | 4 units/acre | 16 units/acre | |||||
Minimum lot size | 5 acres | 2 acres | 1 acre | 1/2 acre | 14,250 sf | 9,600 sf | 8,000 sf | 8,000 sf (excluding townhomes) | |||||
Triplex, quadplex | NP | NP | NP | NP | NP | NP | NP | 9,000 sf per triplex, 12,000 sf per quadplex | |||||
Duplex | NP | NP | NP | NP | NP | NP | Conditional, min. lot size 12,000 sf per duplex | 12,000 sf per duplex | |||||
Townhomes (single-family attached) | NP | NP | NP | NP | NP | NP | NP | Permitted (see minimum dimension specifications below) | |||||
Multi-Family (5 or more connected units) | NP | NP | NP | NP | NP | NP | NP | Permitted 12,000 sf min. lot size | |||||
Nonresidential uses | 5 acres | 2 acres | 1 acre | 1/2 acre | 14,250 | 9,600 | 10,000 | 10,000 sf min. lot size, shall follow setbacks for "multi-family" | |||||
Max building height | 45' | 35' | 35' | 35' | 35' | 35' | 35' | N/A | |||||
Max number of stories | N/A | N/A | N/A | N/A | N/A | N/A | N/A | 4 stories* | |||||
Single Family Detached | Duplex | Single Family Detac hed | Duplex | Multi- Family | Townhome | ||||||||
Lot width min. | 240' | 200' | 120' | 100' | 100' | 80' | 70' | 90' | 70' | 90' | 100' | Minimum exterior lot width 40'; minimum interior lot width 20' | |
Lot depth min. | 400' | 200' | 120' | 120' | 120' | 120' | 110' | 110' | 110' | 110' | 100' | 110' | |
Setbacks for 1- and 2-story structures** | |||||||||||||
Front setback | 30' | 30' | 30' | 30' | 30' | 30' | 25' | 25' | 25' | 25' | 20' | 20' | |
Side setback | 30' | 30' | 20' | 10' | 15' | 7' | 7' | 7' | 10' | 10' | 10' | 10' | Side-zero lot line setback: Zero lot line setbacks may be utilized to permit common walls between attached townhome dwellings subject to all applicable building and fire codes |
Street side setback | 30' | 30' | 25' | 25' | 25' | 25' | 20' | 20' | 20' | 20' | 20' | 20' | |
Rear setback | 30' | 30' | 25' | 25' | 25' | 25' | 15' | 15' | 25' | 25' | 25' | 25' | |
Setbacks for 3- and 4-story structures** | |||||||||||||
Front setback | 30' | 30' | 30' | 30' | 30' | 30' | 30' | 30' | 25' | 25' | 25' | 25' | |
Side setback | 30' | 30' | 20' | 10' | 15' | 7' | 10' | 10' | 15' | 15' | 25' | 15' | Side-zero lot line setback: Zero lot line setbacks may be utilized to permit common walls between attached townhome dwellings subject to all applicable building and fire codes |
Street side setback | 30' | 30' | 25' | 25' | 25' | 25' | 25' | 25' | 25' | 25' | 25' | 25' | |
Rear setback | 30' | 30' | 25' | 25' | 25' | 25' | 25' | 25' | 30' | 30' | 30' | 30' | |
Maxim um impervious area (structures) | 45% | 45% | 55% | 55% | 55% | 60% | 60% | 75% | |||||
*The Fire Marshal will need to determine if adequate fire-fighting equipment is available when determining number of stories allowed. Fire Code regulations may require greater setback distances or fewer allowable stories than those given in this chart.
**Setbacks for development in R-MF-16 may vary when adjacent to "Triggering Property" based on § 153.214. "Triggering Properties" include: properties zoned A, RE, R1, R2, R3L, R3, and R4, as well as property occupied by a single-family dwelling unit that is a use permitted by right in the zoning district in which it is located.
(Ord. 2021-05-946, passed 5-4-21)
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