201.A. GENERAL. This section establishes the duties and responsibilities of the Zoning Administrator with respect to the administration of these regulations.
201.B. REVIEWS AND APPROVALS. The Zoning Administrator shall be authorized to undertake reviews, make recommendations, and grant approvals as set forth in these regulations.
201.C. COMPREHENSIVE PLAN. The Zoning Administrator shall assist the Planning Commission in the development and implementation of the comprehensive plan.
201.D. ADMINISTRATIVE REVIEWS AND PERMITS. Administrative reviews and permits shall be in accordance with SECTIONS 201.D.1 through 201.D.6.
1. Review of building permits. Applications for building permits and amendments thereto shall be submitted to the Zoning Administrator for review and approval prior to permit issuance. Each application shall include a set of building plans and all data necessary to show that the requirements of these regulations are met.
2. Site plan reviews. The Zoning Administrator shall receive all applications for site plan review, review for completeness, and prepare submittals for review by the appropriate body.
3. Zoning permits. The Zoning Administrator shall receive all zoning permit applications as shall be permitted and approved by these regulations, review for completeness and prepare submittals for review by the appropriate body. Zoning permit procedures may found in ARTICLE 10.
4. Administrative adjustments. The Zoning Administrator shall receive all applications for Administrative Adjustments, review for completeness, and render a written decision. Administrative adjustment procedures may be found in SECTION 1004.
5. Amendments. Requests for amendments or changes to the comprehensive plan or these regulations or map shall be submitted to the Zoning Administrator for processing. Amendment procedures may be found in SECTION 1009.
6. Other duties and powers. The Zoning Administrator shall have the authority to perform all other duties and powers prescribed by these regulations.
201.E. INTERPRETATIONS. The interpretation and application of the provisions of these regulations shall be by the Zoning Administrator.
1. Specific uses are permitted within the various zoning districts as described in these regulations and as otherwise provided herein and are thus not subject to interpretation.
2. It is recognized that all possible uses and variations of uses that might arise cannot reasonably be listed or categorized. Mixed uses/sites or any use not specifically mentioned or about which there is a question shall be administratively classified by comparison with other uses identified in the zoning districts described in these regulations. If the proposed use resembles identified uses in terms of intensity and character, and is consistent with the purpose of these regulations and the individual zoning district in question, it shall be considered as a permitted/nonpermitted use and subject to the regulations for the use it most closely resembles. If a use does not resemble other identified allowable uses within these regulations, it may be permitted as determined by the Board of Zoning Appeals in a public hearing as an amendment to these regulations pursuant to SECTION 203.C.4.
201.F. APPEALS. Any person aggrieved by any decision of the Zoning Administrator shall have the right to make such appeals as shall be permitted to be provided by these regulations or state law. Appeal procedures may be found in SECTION 1007.
202.A. GENERAL. This section addresses the duties and responsibilities of the Planning Commission, hereafter referred to as “the commission,” with respect to the administration of these regulations.
202.B. JURISDICTION. The jurisdictional boundaries of the commission are hereby established as:
1. Total jurisdiction within the boundaries of the city or city limits; and
2. Extraterritorial jurisdiction on zoning regulations within the urban area of influence and/or the three-mile ring extraterritorial sub zone.
3. Total jurisdiction on subdivision regulations within the urban area of influence and/or the three-mile ring extraterritorial sub zone.
202.C. DUTIES AND POWERS. The duties and powers of the commission shall be in accordance with SECTIONS 202.C.1 through 202.C.5.
1. Zone change and conditional use requests. The commission shall review and make recommendations on all zone change and conditional use requests. Zone change procedures may be found in SECTION 1001, and conditional use procedures may be found in SECTION 1002.
2. Comprehensive plan. The commission shall create a comprehensive plan for the development of the City and amend such comprehensive plan as needed. In the creation of such plan, the commission shall employ the use of comprehensive surveys and studies of past and present conditions and trends relating to land use, population and building intensity, public facilities, transportation and transportation facilities, economic conditions, natural resources and any other element deemed necessary. The comprehensive plan shall include the commission’s recommendations for the development or redevelopment of the City, including:
a. The general location, extent and relationship of the use of land for agriculture, residence, business, industry, recreation, education, public buildings and other community facilities, major utility facilities both public and private and any other use deemed necessary;
b. Population and building intensity standards and restrictions and the application of the same;
c. Public facilities including transportation facilities of all types whether publicly or privately owned which relate to the transportation of persons or goods;
d. Public improvement programming based upon a determination of relative urgency;
e. The major sources and expenditure of public revenue including long range financial plans for the financing of public facilities and capital improvements, based upon a projection of the economic and fiscal activity of the community, both public and private;
f. Utilization and conservation of natural resources; and
g. Any other element deemed necessary to the proper development or redevelopment of the area.
3. Amendments to the Zoning Regulations. The commission shall review these regulations annually and make recommendations for amendments as deemed appropriate. Amendment procedures may be found in SECTION 1009.
4. Capital improvements plans. The commission shall review and make recommendations on the capital improvements plan annually.
5. Other duties and powers. The commission shall have the authority to perform all other duties and powers prescribed by these regulations.
202.D. APPEALS. Any person aggrieved by any decision of the commission shall have the right to make such appeals as shall be permitted to be provided by these regulations or state law. Appeal procedures may be found in SECTION 1007.
203.A. GENERAL. This section addresses the duties and responsibilities of the Board of Zoning Appeals, hereafter referred to as “the board,” with respect to the administration of these regulations.
203.B. ESTABLISHMENT OF THE BOARD. The establishment of the board shall be in accordance with the procedures and policies set forth in state law. The board shall consist of the number of members as specified in state law.
203.C. DUTIES AND POWERS. The duties and powers of the board shall be in accordance with SECTIONS 203.C.1 through 203.C.5.
1. Appeals. The board shall have the power to hear appeals (of, where, or when) it is alleged there is an error in any order, requirement, decision or determination made by an administrative officer, department, board or bureau in the enforcement of these regulations. Appeal procedures may be found in SECTION 1007.
2. Variances. The board shall be permitted to make decisions on requests for a variance from the specific terms of these regulations. Variance procedures may be found in SECTION 1005.
3. Special exceptions. The board is authorized to grant exceptions to the provisions of these regulations in those instances where the board is specifically authorized to grant such exceptions. Special exception procedures may be found in SECTION 1006.
4. Definitions and use classifications. The board shall have the power to, in cases of uncertainty determined by the Zoning Administrator and pursuant to SECTION 201.E, classify any use or define any word not specifically identified in these regulations. Such use or definition shall be defined and may be permitted as determined by the Board of Zoning Appeals. The board’s determination shall be recommended for adoption by the Planning Commission in a public hearing as an amendment to these regulations. Amendment procedures may be found in SECTION 1009.
5. Other duties and powers. The board shall have the authority to perform all other duties and powers prescribed by these regulations.
203.D. APPEALS. Decisions of the board shall be the final local action. Appeals of such final local action shall be taken to district court.