To assure that the design and location of commercial and industrial areas will be in conformance with the zoning standards of this Zoning Code and are properly related to and in harmony with the existing and future business and industrial development of the City, including generally accepted principles of commercial, industrial and civic design, a detailed Site Plan shall be submitted showing the proposed use and development of all commercial and industrial sites for recommendation by the Planning and Zoning Commission to the Council for their approval.

   1.   Procedure.

      A.   A Site Plan Review is required whenever a person or other group wishes to develop any tract or parcel of land within all zoning districts, except for:

         (1)   Any detached single-family residence and two-family residences including any accessory structure thereto;

         (2)   Agriculturally zoned property;

         (3)   New construction of non-residential accessory buildings less than 1,000 square feet in gross floor area;

         (4)   Additions to existing non-residential buildings when the addition is less than 10 percent of the existing building’s gross floor area or the addition does not exceed 1,000 square feet, whichever is more restrictive;

         (5)   Changes to a project that has already obtained Site Plan approval where such change is identified by the Council’s Site Plan approval as an allowed change requiring only administrative review by the planning staff;

         (6)   Also where no new curb cuts are required; and

         (7)   Where new construction does not reduce existing parking or significantly modify existing on-site circulation as determined by the City Engineer.

   Said person shall cause to be prepared a Site Plan of such development and shall submit 14 copies of said Site Plan to the Clerk. The provisions of this section shall be applicable to the redevelopment, enlargement, or extension of any commercial or industrial uses or structures existing at the time of adoption of the ordinance codified herein.† 14 The Site Plan shall contain such information and data as outlined here.

      B.   The Clerk shall refer a copy of the Site Plan to the City Engineer, or such other person as shall be designated, from time to time, by the Council, who shall review said Site Plan as to its compliance with the ordinances of the City, its effect upon public utilities and the public street system, and submit findings as soon as possible to the Planning and Zoning Commission.

      C.   The Clerk shall also forward a copy of the Site Plan to each member of the Planning and Zoning Commission. The Planning and Zoning Commission shall, after receiving the engineer’s report, review the Site Plan for conformity with the regulations and design standards contained herein, and may confer with the developer on changes deemed advisable in such Site Plan.

      D.   The Planning and Zoning Commission shall forward its recommendation of action to the Clerk within 45 days of the date of submission of the Site Plan. If the Planning and Zoning Commission does not act within 45 days, the Site Plan shall be deemed to be approved by the Planning and Zoning Commission, unless the developer agrees to an extension of time.

      E.   The Planning and Zoning Commission may, in its discretion, hold a public hearing on the Site Plan of the proposed development and prescribe the notice thereof and to whom such notice shall be given.

      F.   The Council shall, upon receipt of the recommendation of the Planning and Zoning Commission, either approve or disapprove the Site Plan of the proposed development.

      G.   No Building Permit or Certificate of Occupancy for any structure within any distance within which a Site Plan is required shall be issued until the Site Plan has been approved as provided herein.

      H.   Upon final action by the Planning and Zoning Commission on any Site Plan, a copy of said Site Plan, with the action of the Planning and Zoning Commission noted thereon and signed by the chairman of the Planning and Zoning Commission, shall be filed with the Clerk.

      I.   If the Administrative Official finds that any construction or proposed construction or occupancy of a development on a tract of land for which a Site Plan has been approved will not substantially comply with the Site Plan as approved, or if the Administrative Official finds that the construction and development of the tract is not being carried out in accordance with the development schedule filed with the Site Plan, the Administrative Official shall suspend all Building Permits for the development and order all construction stopped until such time as the owner of the project or any successors in interest shall have provided the Administrative Official with proof satisfactory to said Administrative Official that the Site Plan will be complied with. The Administrative Official shall not issue a Certificate of Occupancy for any structure within the development while the Building Permit for the development has been suspended pursuant to this paragraph. Any person aggrieved by any decision or action of the Administrative Official under this paragraph may appeal such action or decision to the Board of Adjustment.

      J.   If the owner or developer of a tract of land for which a Site Plan has been approved determines that an extension of time is necessary or that a modification of the Site Plan would provide for a more appropriate or more practicable development of the site, the owner or developer may apply for an amendment of the Site Plan. The Planning and Zoning Commission may grant an extension of time or a modification of a previously approved Site Plan if it determines that such modification of the Site Plan would provide for a more appropriate development of the site.

      K.   Pre-application Conference. Whenever any person, partnership, corporation, or any other group, public or private, proposed to develop any tract or parcel of land or modify any existing development which requires a Site Plan submittal, a request shall be made to the Department of Community Development for a Pre-Application Conference. The Pre-Application Conference shall include the applicant or representative, the Director of Community Development, the City Engineer, City Building Inspector, and the Public Works Director. The purpose of the conference shall be to acquaint the City staff with proposed development and to acquaint the applicant or representative with the procedures and with any special problems that might relate to the development. The applicant shall furnish a legal description of the property to be developed at the time of requesting the Pre-Application Conference, and the Pre-Application Conference shall be held within 15 days of such request.

   2.   Design Standards. The standards of design are intended as minimum requirements so that the general arrangement and layout of the development requiring the Site Plan may be adjusted to a wide variety of circumstances.

      A.   All proposed developments for which Site Plans are required shall conform to the Comprehensive Plan of the City; the provisions of this Zoning Code, the Subdivision Regulations, if applicable; and all other applicable City ordinances and statutes and regulations of the State.

      B.   The proposed development shall have such entrances and exits upon public streets as are necessary for safety and the general welfare and shall have such interior drives as are necessary for free movement of emergency vehicles; and shall have such pedestrian walkways as are necessary for safety and general welfare. The proposed development shall have such entrances and exits upon adjacent streets and such internal traffic circulation pattern as will not unduly increase congestion on adjacent or surrounding public streets or create undue hazards to traffic safety.

      C.   The proposed development shall be designed with a proper regard to topography, surface drainage, natural drains and streams, wooded areas, and other natural features which will lend themselves to proper, harmonious, and attractive development of the site. The design of the proposed improvements shall make adequate provisions for surface and subsurface drainage, for connections to water and sanitary sewer lines, each so designed as to neither overload existing public utility lines nor increase the danger of erosion, flooding, landslide, or other endangerment of adjoining or surrounding property.

      D.   The proposed development shall be designed with adequate water mains, provisions for sanitary sewage facilities, storm sewers (storm sewers to be designed for five-year storm calculations) and drains and flood control, in accordance with the ordinances and regulations of the City and statutes and regulations of the State and good engineering practice to protect the public health and welfare and not overload any existing public utilities. Surface drainage shall be directed to storm sewers wherever practical, including the requirement to extend public storm sewer, if deemed necessary.

      E.   The proposed development shall be designed and the buildings and improvements located in such a manner as not to unduly diminish or impair the use and enjoyment of adjoining or surrounding property and to such end shall have such buffers, screen fences, and landscaping as may be proper and shall minimize the adverse effects on such adjoining property from automobile headlights, illuminations of required perimeter yards, refuse containers, and impairment of light and air. For the purpose of this section, the term “use and enjoyment of adjoining property” means the use and enjoyment presently being made of such adjoining property, unless such property is vacant. If vacant, the term “use and enjoyment of adjoining property” means those uses permitted under the zoning districts in which such adjoining property is located.

      F.   The proposed development shall not unduly increase the public danger of fire or diminish the public safety, and shall be designed to adequately safeguard the health, safety, and general welfare of the public and of persons residing and working in the development and in the adjoining or surrounding property.

      G.   The proposed development and all structures therein shall be designed in such a manner as to create a quality environment and to such end shall be architecturally and aesthetically harmonious and attractive.

      H.   To such end as may be necessary and proper to accomplish the Design Standards of this section, a landscaping plan prepared by a registered landscape architect, nursery person, or such other knowledgeable person shall be provided, along with plans which address erosion control and other applicable requirements of this chapter and other City regulations.

      I.   Building Orientation. The orientation of any proposed building shall be carefully scrutinized so as to mitigate the visual and audible impact of service areas, loading docks, loading areas, or similar operations on the adjoining properties and general public.

         (1)   Buildings shall not be designed or oriented to expose loading docks, service areas, or nonresidential overhead doors to the public rights-of-way.

         (2)   Buildings proposed in commercial districts that are adjacent to residential developments shall not be designed or oriented to expose loading docks, service areas, or similar operations toward the adjacent residential developments.

         (3)   If it is not feasible to design or orient the loading docks, service areas, or similar operations away from the residential developments, additional landscape buffering, screening walls, fences, and setbacks may be approved by the Council.

      J.   Architectural Elements. In order to reduce the negative aesthetic impacts of large buildings, additional architectural elements shall be incorporated into the overall building design.

         (1)   Non-single-family buildings proposed in residential districts shall incorporate residential design elements such as pitched roofs, dormers, cupolas, or other similar roof elements into the building design in order to minimize the aesthetic impact of the differing uses.

         (2)   Buildings proposed in commercial districts that are adjacent to residential developments are recommended to include an articulated roofline, giving emphasis to architectural elements that will help divide the mass of a large building into smaller, identifiable pieces. Flat roof buildings shall only be approved by the Council.

         (3)   Commercial buildings shall incorporate architectural design elements, materials, and colors into the side and rear building elevations similar to those used in the front building elevation.

         (4)   Commercial buildings shall incorporate façade modulation in all building elevations in order to preserve building scale and reduce the aesthetic impact of long, large expansive wall surfaces. The variation in wall surfaces can be accomplished either by physical offsets or by the use of color, pattern, or texture.

         (5)   Roof-mounted mechanical units, satellite dishes, or other similar equipment shall be screened from public view by the extension of a parapet wall or other roof-mounted equipment, point-in-place screening shall be required. Such screening shall have similar design features as the building including material, shape, and color considerations. Wooden fences shall not be considered appropriate.

         (6)   Buildings proposed or redeveloped in the “Old Town” area, as designated in the Comprehensive Plan, shall maintain the historic nature, and incorporate architectural elements and designs which complement and preserve the character of the area.

      K.   Exterior Material Selection. The building’s exterior material selection shall be compatible with other buildings and structures in adjoining developments. The minimum requirements shall be as follows:

         (1)   In all R Zoning Districts, all non-dwelling, principal permitted structures shall incorporate at a minimum, 50 percent brick, stone, or similar substantial material into the overall building design. The percentage requirement shall be calculated on the total exterior surface area exclusive of glazed surfaces.

         (2)   In R-3 and R-5 Districts, primarily residential construction materials such as: brick, stone, wood, lap siding, and architectural shingles, shall be utilized in the design.

            a.   Attached dwelling structures shall incorporate at a minimum, 20 percent brick, stone, or similar substantial material in the overall building design. The percentage requirement shall be calculated on the total exterior surface area exclusive of glazed surfaces.

            b.   Multiple family structures shall incorporate at a minimum, 50 percent brick, stone, or similar substantial material into the overall building design. The percentage requirement shall be calculated on the total exterior surface area exclusive of glazed surfaces.

         (3)   In C-1, C-2, C-3, C-4, C-5, and C-6 Districts, the architectural material selection shall be dominated with permanency and strength of material in proportion to the aesthetic characteristics of the building’s bulk and shape. Structures in these districts shall incorporate at a minimum, 60 percent brick, stone, or “architecturally designed” concrete tilt-up panels. The remaining surface shall be finished with split-face block, architectural tilt-up panels, stucco, or architectural aluminum panels. Accent materials not listed above may be incorporated into the building as an additional secondary material to compliment and add architectural character and design elements. The percentage requirement shall be calculated on the total exterior surface area exclusive of glazed surfaces or door enclosures.

         (4)   In C-7 Districts the architecture shall be of the highest quality, with detailed design. The architectural design of any building shall conform to the approved Development Plan and Design Criteria Manual approved by the Council. The Council, after receiving a recommendation from the Planning and Zoning Commission, shall determine the appropriateness of an architectural material when used as a building element as to whether the material enhances the physical appearance of the development or provides continuity desired to unite all structures within the development into the project theme. Buildings shall be architecturally treated on all elevations to produce an aesthetically pleasing façade which is of a design that complies with the approved Development Plan. Attention shall be paid to breaking up solid walls by incorporating window elements, multiple planes, and articulation of surfaces through the use of wall modulation, offsets, parapets, and of various materials, textures, and colors.

         (5)   The use of metal panels or sheet metal will not be considered an acceptable exterior building or accessory building material in any residential or commercial district. Metal panels may be used on the non-public faces of buildings in M-1 and M-2 Districts.

      L.   Exterior Color Selection. The building’s exterior color scheme shall utilize primarily muted, neutral, or earth tone type colors. The primary use of bright, intense, or extreme colors not consistent with the adjoining developments shall not be permitted in any zoning district. This regulation is not intended to prohibit the use of these colors for specifically approved architectural detailing.

      M.   Waiver of Design Requirements. The Council reserves the right to waive or modify to a lesser restriction any provision or requirement of architectural design elements contained in this chapter for structures that have been constructed, legally permitted, or a Site Plan approved by the Council prior to February 1, 2004. Said structures are considered “Grandfathered” as legally non-conforming. The Council’s right to waive or modify includes subsequent remodeling, building additions, and detached accessory buildings or structures on the same lot as a “Grandfathered” principle structure. Furthermore, the Council shall find that said waiver or modification does not adversely affect the intent of these regulations to adequately safeguard the general public and surrounding property. Exceptions will only be considered for those areas where special circumstances warrant a change and whereby the modification or waiver is determined to be in the best interest of the general public. This section is not applicable to new construction, unless specified here above.

      N.   Horizontal and Vertical Survey Control. The City requires all projects that modify or add to the City’s infrastructure to be tied into the horizontal and vertical control system as adopted on June 19, 2006.

         (1)   Vertical Control. A project’s vertical datum must tie into the vertical control points provided in the City’s Horizontal and Vertical Control Network with a minimum of one of the points being a Primary Control Point, other points may be Secondary Points.

         (2)   Horizontal Control. A project may use an existing basis of bearing and assumed coordinates that meet the project’s on the ground needs and as may be required by practical and accepted survey methods. Although an assumed horizontal coordinate system can be used, a project’s horizontal control must also be tied into the City’s Horizontal Control Network by labeling at least two points. The basis of the tie must be from a minimum of one of the Primary Control Points listed in the City’s Horizontal and Vertical Control Network with a listing of the points used to make the relationship.

   3.   Site Plan Requirements. All Site Plans shall be drawn at a scale not less than 1 inch = 50 feet. Fourteen copies of the Site Plan shall be submitted to the Clerk. The purpose of the Site Plan is to show all information needed to enable the engineer, Planning and Zoning Commission, and the Council to determine if the proposed development meets the requirements of this Zoning Code.

   4.   Information Required. The Site Plan required shall include the following information concerning the proposed development:

      A.   Name, address, and phone number of all persons having an interest in the property, including the engineer, architect, landscape architect, land surveyor, or person preparing the Site Plan.

      B.   Legal description of property, point of compass, scale, date, and revision dates.

      C.   Applicant’s name, present and proposed land use and zoning, location and names of adjoining subdivisions, the numbers of the adjoining lots therein, and the names and addresses of adjoining landowners.

      D.   If the applicant is other than the legal owner, the applicant’s interest shall be stated.

      E.   Ties to the City’s Horizontal and Vertical Control Network.

   5.   Required Illustrations. The Site Plan shall clearly set forth the following information concerning the proposed development:

      A.   Property boundary lines indicated by a heavy line, dimensions, and total area of the proposed development.

      B.   Existing and proposed contour lines of the proposed development at intervals of not more than two feet. Soil erosion control practices must be shown where necessary.

      C.   The availability, location, size, and capacity of existing utilities, and of proposed utilities.

      D.   Existing and proposed utility lines and easements in accordance with the Standard Specifications and Subdivision Regulations.

      E.   The proposed location, size, height, shape, use, and architectural theme of all buildings or structures in the proposed development.

      F.   The total square footage of building floor area, both individually and collectively in the proposed development.

      G.   Existing buildings, rights-of-way, street improvements, railroads, easements, drainage courses, streams, and wooded areas.

      H.   All required building setback lines.

      I.   Estimated number of employees for each proposed use, where applicable, and any other information which may be necessary to determine the number of off-street parking spaces and loading spaces required by the Zoning
Code.

      J.   Complete traffic circulation and parking plan showing location, number, dimensions, and design of off-street parking in the proposed development, including:

         (1)   Driveways, islands, and planters;

         (2)   Striping and safety curbs;

         (3)   Loading facilities;

         (4)   Type and location of lighting;

         (5)   Surface treatment; and

         (6)   Grade and direction of drainage.

      K.   Open spaces, yards, recreational areas, walkways, driveways, outside lighting, walls, fences, monuments, statues, signs, and other man-made features to be used in the landscape of the proposed development.

      L.   Facilities for the collection and disposal of garbage, trash, recycling, and grease dumpsters. Enclosure must be constructed of the same primary material as the exterior of the principal building, with an opaque gate.

      M.   Location and type of all plants, grass, and trees to be used in the landscape of the proposed development. Landscaping to be used for screening purposes shall be illustrated in the elevation and perspective as well as the plan, with the approximate size and name of plants, shrubs, or trees to be planted clearly indicated.

      N.   Location of entrances and exits from the proposed development onto public roads, and interior drives and proposed sidewalks in the development.

      O.   Proposed drainage facilities and provisions for flood control.

      P.   Location, height, and area of all signs (directional signs, identification signs, or temporary signs) in the proposed development.

      Q.   Location of existing trees six inches or larger in diameter, landslide areas, springs and streams and other bodies of water, and any area subject to flooding by a 100-year storm.

      R.   A “Vicinity Sketch” of legible scale showing the generalized street patterns, land use, and zoning within 100 feet of the site plan boundary.

      S.   Three copies of architectural elevations of all proposed buildings, for the purpose of understanding the structures, the location of windows, doors, overhangs, projection height, etc., and the grade relationship to floor elevation, and the number of stories of each existing building to be retained and of each proposed building.

      T.   Soil tests and similar information, if deemed necessary by the City Engineer, to determine the feasibility of the proposed development.

   6.   Expiration of Approval. All site plan approvals shall expire and terminate:

      A.   In the case of non-residential improvements described in the Design Criteria Manual, as amended, for any C-7 zoned development, 365 days after the date of Council approval, and

      B.   In all other cases where site plan approval is required hereunder, 180 days after the date of the Council approval unless in all cases a building permit has been issued for the construction provided for in the Site Plan.

   The Council may, upon written request by the developer, extend: (i) the time for the issuance of a building permit for 60 days; or (ii) the Site Plan approval expiration date. In the event the Building Permit for the construction provided for in a site plan expires or is canceled, then such Site Plan approval shall thereupon terminate.

   1.   Intent. The intent of screening regulations is to lessen the transmission from one lot to another of noise, dust, and glare; to lessen visual pollution by providing an impression of separation of spaces or entirely shielding one land use from another; or establishing a sense of privacy from visual or physical intrusion. The provisions of this chapter are necessary to safeguard the public health, safety, and welfare.

   2.   General Screening. Every development shall provide sufficient screening so that neighboring properties are shielded from any adverse external effects of that development; and the development is shielded from the negative impacts of adjacent uses, including streets and railroads.

   3.   Compliance With General Standard. The following table illustrates the type of screen required between zoning classifications. Where such screening is required, the applicant or burdened use is responsible for installation prior to receiving an Occupancy Permit for the use in questions. A description of the screen types (A, B, and C) are described in the following subsection. Where screening is to be approved at Site Plan review (*), the screening objectives described in the Site Plan, Section 171.01 are to be adhered. The Council may require additional screening where deemed appropriate.

 

   4.   Descriptions of Screens. The following three basic types of screens are established and are used as the basis for the table of screening requirements.

      A.   Broken Screen, Type A. A screen composed of intermittent visual obstructions from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetations will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The screen may contain deciduous plants.

      B.   Semi-Opaque Screen, Type B. A screen that is opaque from the ground to a height of three feet, with intermittent visual obstruction from above the opaque portion to a height of at least 20 feet. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 10 feet wide. The zone of intermittent visual obstruction may contain deciduous plants.

      C.   Opaque Screen, Type C. A screen that is opaque from the ground to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 10 feet wide. The portion of intermittent visual obstructions may contain deciduous plants.

   5.   Storage Areas. The outdoor storage of materials, equipment, or supplies, when permitted in any commercial or industrial district, shall be so located or screened, fenced or landscaped so as to effectively prevent visibility of such storage from all abutting residential zoning districts or abutting existing residential uses. Such screening shall be sufficient if it prevents visibility of such storage area by persons traveling on public rights-of-way or standing at grade level on the side or rear lot lines of such property. Such screening shall comply with the standard for an opaque screen Type C as described in Subsection 4, Paragraph C.

   1.   No land shall be occupied or used, and no building here-after erected or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate is issued by the Administrative Official stating that the building and use comply with the provisions of this Zoning Code.

   2.   No change of use shall be made in any building or part thereof, now or hereafter erected or structurally altered, without a permit being issued therefore by the Administrative Official. No permit shall be issued to make a change unless the changes are in conformity with provisions of this Zoning Code.

   3.   Applications for Certificates of Occupancy shall be applied for coincidentally with the application for a Building Permit and shall be issued within 10 days after the lawful erection or alteration of the building is completed. A record of all certificates shall be kept on file in the office of the Administrative Official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.

   4.   No permit for excavation for, or the erection or alteration, of any building shall be issued before the application has been made for a Certificate of Occupancy, and no building or premises shall be occupied until that certificate is issued.

   5.   A Certificate of Non-Conforming Uses shall be required of all non-conforming uses. Application for a Certificate for Non-Conforming Uses shall be filed with the Administrative Official within 12 months from the effective date of the ordinance codified herein, accompanied by affidavits of proof that such non-conforming use was not established in violation of previous ordinance.

   1.   The Council may, from time to time, on its own action or on petition, amend, supplement, or change the boundaries or regulations herein or subsequently established. However, no such amendment, supplement, restriction, change of boundaries, or regulations shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. The notice of the time and place of the hearing shall be published as provided in Section 362.3 of the Code of Iowa, except that at least seven days’ notice must be given and in no case shall the public hearing be held earlier than the next regularly scheduled Council meeting following the published notice. The notice shall be published in a paper of general circulation in the City. In addition to the notification requirements above, signs shall also be erected as per Subsection 5. Such amendment, supplement, or change shall not become effective except by a favorable vote of a majority of all of the members of the Council. In case, however, of a written protest against a change or repeal which is filed with the Clerk and signed by the owners of 20 percent or more of the area of the lots included in the proposed change or repeal, or by the owners of 20 percent or more of the property which is located within 200 feet of the exterior boundaries of the property for which the change or repeal is proposed, the change or repeal shall not become effective except by the favorable vote of at least three-fourths of all of the members of the Council. The provisions of Section 414.4 of the Code of Iowa relative to public hearings and official notice apply equally to all changes or amendments.

   2.   Whenever any person desires that any amendment or change be made in this Zoning Code, including the text or map, as to any property in the City, and there shall be presented to the Council a petition requesting such change or amendment and clearly describing the property and its boundaries as to which the change or amendment is desired, duly signed by the owners of 50 percent of the area of all real estate included within the boundaries of said tract as described in said petition, and in addition, duly signed by the owners of 50 percent of the area of all real estate lying outside of said tract but within 200 feet of the boundaries thereof (intervening streets and alleys not to be included in computing such 200 feet), it shall be the duty of the Council to vote upon such petition within 90 days after the filing of such petition with the Clerk.

   3.   Before any action shall be taken as provided in this section, the party or parties proposing or recommending a change in the district regulations or district boundaries shall deposit with the Clerk the sum of $10.00 to cover the approximate costs of this procedure and under no conditions shall said sum or any part thereof, be refunded for failure of said amendment to be enacted into law.

   4.   Whenever any petition for an amendment, supplement, or change of the zoning regulations herein contained or subsequently established shall have been denied by the Council until one year shall have elapsed from the date of the filing of the first petition.

   5.   For any person, firm, or corporation who requests a hearing before the Planning and Zoning Commission, a notification sign shall be erected at all of the street frontages of the property. The notification sign will be provided by the City and the message will be as prescribed by the Community Development Director, and intended to inform the public of the proposed item and the time and place of the hearing on said item. Such signs shall be installed by the City, no less than 10 days before the hearing of the Planning and Zoning Commission and shall remain in place until the final hearing before the Council. Any person who removes a sign erected by the City without consent shall be guilty of a simple misdemeanor.

   Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Administrative Official. Said Administrative Official shall record properly such complaint, immediately investigate, and take action thereon as provided by this Zoning Code.

   1.   Enforcement. All departments, officials, and employees of the City who are vested with the duty or authority to issue permits or licenses, shall issue no such permit or license for any use, structure, or purpose if the same would not conform to the provisions of this Zoning Code.

   2.   Penalties for Violation. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation of the provisions of this Zoning Code may each be found guilty of a separate offense and suffer the penalties provided in this Code of Ordinances. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.