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The Zoning Inspector shall have the following responsibilities and powers:
(a) Enforce the provisions of this Part and interpret the meaning and application of its provisions.
(b) Receive and make determinations on applications for zoning permits and certificates of occupancy.
(c) Issue zoning permits and certificates of occupancy as provided by this Part, and keep a record of same with notations of special conditions involved.
(d) Review and process plans pursuant to the provisions of this Part.
(e) Make determinations as to whether violations of this Part exist, determine the nature and extent thereof, and notify the owner in writing, specifying the exact nature of the violation and the manner in which it shall be corrected by the owner, pursuant to the procedures in this Part.
(f) Conduct inspections of buildings and uses of land to determine compliance or non- compliance with this Part.
(g) Maintain permanent and current records required by this Part, including but not limited to the Official Zoning Map, zoning permits, inspection documents and records of all variances, amendments and conditional uses. These records shall be made available for use of the City Council, Planning Commission, the Building and Zoning Appeals Board and to the public.
(h) Determine the existence of any violations of this Part and enforce this Part.
(i) Revoke a permit or approval issued contrary to this Part or based on a false statement or misrepresentation in the application.
The Planning Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Part. Meetings shall be held at the call of the chairman and at such other times as the Commission may determine. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating the fact, and shall keep records of its examinations and other official actions all of which shall be a public record and be immediately filed in the office of the Commission.
The Planning Commission shall have the following responsibilities and powers as they relate to this Part:
(a) Initiate advisable Official Zoning District Map changes, or changes in the text of this Part where same will promote the best interest of the public in general through recommendation to the City Council.
(b) Review all proposed amendments to the text of this Part and the Official Zoning District Map and make recommendations to the City Council.
(c) Review all Planned Unit Development applications and make recommendations to the City Council as provided in this Part.
(d) Carry on a continuous review of the effectiveness and appropriateness of this Part and recommend such changes or amendments as it feels would be appropriate.
(e) Review and act on site plans.
The Planning Commission shall also have the responsibilities as set forth in the City Charter.
The Building and Zoning Appeals Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Part. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed in the office of the Board.
The Board of Building and Zoning Appeals shall have the following responsibilities and powers as they relate to this Part:
(a) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Inspector.
(b) Authorize such variances as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this Part will result in unnecessary hardship, and so that the spirit of this Zoning Code shall be observed and substantial justice done. Procedures for variances shall conform to Section 1105.33
, Variances.
(c) Hear applications for and decide upon requests for conditional uses.
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector or to decide in favor of the applicant on any matter upon which it is required to pass under this Part or to effect any variation in its application.
The Board may call on the several City departments for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
It is Council’s intent that all questions of interpretation and enforcement of this Part, except as otherwise specified, shall be first presented to the Zoning Inspector and that the questions shall be presented to the Building and Zoning Appeals Board only on appeal from the decision of the Zoning Inspector and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this Part that the duties of Council in connection with this Part shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Part. Under this Part, Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this Part as provided by law and approving or rejecting planned unit development projects. Nothing in this Part shall be interpreted to prevent any official of the City from appealing a decision of the Board to the courts as provided by law. Any such appeal shall be made within ten days of the Board's written decision.
Appeals to the Building and Zoning Appeals Board concerning interpretation or administration of this Part may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the City affected by any decision of the Zoning Inspector. The appeal shall be taken within thirty days after the decision by filing, with the Zoning Inspector and with the Board, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Building and Zoning Appeals Board after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
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