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ZONING ADMINISTRATION
(A) The City Council shall appoint a Zoning Administrator, whose responsibilities shall be as follows.
(B) (1) Review and sign building permits, the land use portion thereof and make and maintain records thereof;
(2) Conduct inspections of land use as part of the building inspection process and as directed by the Planning and Zoning Commission or City Council to determine compliance with terms of this chapter;
(3) Maintain permanent and current records of the chapter, including but not limited to all maps, amendments, and conditional uses, variances, appeals and application therefore; and
(4) Institute in the name of the city any appropriate actions or proceedings against violator as provided for in this chapter.
(Ord. 239, § 1100, passed 1-22-2000)
A 5 person Board of Adjustment and Appeals is hereby created. The City Council shall act as the Board of Adjustment and Appeals and has the authority and jurisdiction to review and act upon all applications for appeal regarding the interpretation and restrictions of this chapter.
(Ord. 239, § 1101, passed 1-22-2000; Am. #1, passed 5-7-2001; Am. Ord. 23-02, passed 2-13-2023)
(A) The Board of Adjustment and Appeals has the following powers and duties with respect to the zoning code.
(B) To hear and decide appeals where it is alleged that there is an error in any order of requirement, decision, or determination made by an administrative officer in the enforcement of the zoning code.
(Ord. 239, § 1102, passed 1-22-2000; Am. Ord. 23-02, passed 2-13-2023)
(A) Undue hardship as used in connection with the granting of a variance means:
(1) The property in question cannot be put to a reasonable use if used under conditions allowed by Chapters 151 and 152;
(2) The plight of the landowner is due to circumstances unique to his or her property not created by the landowner; and
(3) The variance, if granted, will not alter the essential character of the locality.
(B) Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the chapter.
(C) Conditions may be imposed in the granting of variances to ensure compliance and to protect adjacent properties.
(D) A variance may not be granted for any use that is not permitted under this chapter for the zone in which the property is located.
(E) Undue hardship, as used in connection with the granting of a variance, includes direct sunlight for solar energy systems.
(Ord. 239, § 1103, passed 1-22-2000)
(A) The procedure for taking action on a variance or an appeal shall be as follows.
(B) (1) An application for a variance or an appeal of a requirement, decision, or determination of an administrative officer shall be filed with the Zoning Administrator stating the particular difficulties claimed and remedy sought. Such application shall be accompanied by a fee as set forth in the current city fee schedule. This fee shall not be refunded. The application shall be considered as being officially submitted complete when the applicant has complied with all the specified informational requirements, which shall include the following:
(a) A written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in this section; and
(b) Supporting materials as determined by the Zoning Administrator as applicable to be necessary for the complete and clear definition and understanding of the request.
(2) Upon receipt of a complete application, as determined by the Zoning Administrator, the City Clerk shall set a public hearing following proper hearing notification.
(3) The Zoning Administrator shall refer the matter to the Planning and Zoning Commission for review and comment. Within 30 days after the Zoning Administrator has accepted a complete application, the Planning Commission shall conduct the hearing and report its findings and make recommendations to the Board. Notice of hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least 10 days prior to the hearing.
(4) The Planning and Zoning Commission shall forward its recommendation to the Board for final approval. The Board shall act upon the request within 60 days from the date of submission of the completed application to the Zoning Administrator, unless an extension has been provided. However, the time within which the Board must make a decision may be extended for 60 days by the Board by giving written notice to the applicant of this extension and the reasons for it within the first 60-day period, in which case the Board shall have 120 days to hold a public hearing and either approve or deny the application for a variance. A copy of the order shall be mailed to the applicant.
(5) A decision of the Board is final, subject only to judicial review in the district court.
(6) The Planning and Zoning Commission and Board shall provide a record of its proceedings which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including any final order.
(7) Upon notification of the applicant and verification by the Zoning Administrator that the construction permitted by a variance is complete, a certified copy of a variance granted, including the legal description of the property involved, shall be filed with the County Recorder.
(8) Construction permitted by an existing or newly issued variance shall be completed within 1 year of the variance issuance or the variance shall be void.
(Ord. 239, § 1104, passed 1-22-2000; Am. #4, passed - -2004; Am. Ord. 23-02, passed 2-13-2023)
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