Council Bluffs City Zoning Code

The city council shall have the following powers, pursuant to this ordinance:

1. To make final decisions on zoning text or map amendment applications.
2. To make final decisions on Planned Residential District, Planned Commercial District and Planned Industrial District applications.

(Ord. No. 6012, § 2, 10-27-2008)

The zoning board of adjustment shall have the following powers, pursuant to this ordinance:

1. To make final decisions on applications for variances.
2. To make final decisions on applications for conditional uses.
3. To hear and make final decisions on appeals of any zoning determination.
4. The zoning board of adjustment shall have the following authority in regard to nonconformities:
   1. If no structural alterations are made, any nonconforming use may, as a conditional use, be changed to another nonconforming use, provided that the zoning board of adjustment finds that the proposed use is more appropriate for the district than the existing nonconforming use. In permitting this change, the zoning board of adjustment may require appropriate conditions consistent with CBMC 15.26.
   2. To authorize, upon appeal, a variance from the restrictions on lot coverage, setbacks or height to a nonconforming lot, consistent with CBMC 15.26.
   3. To authorize, upon appeal, a variance from the restrictions on lot coverage, setbacks or height for building additions to an existing nonconforming structure, consistent with CBMC 15.26.
   4. To grant, upon appeal, an extension of time for the resumption of a legal nonconforming use. However, any extension shall be granted prior to the expiration of the six month period outlined in CBMC 15.26.

(Ord. No. 6012, § 2, 10-27-2008)

The planning commission shall have the following powers, pursuant to this ordinance:

1. To make recommendations to the city council on zoning text or map amendment application.
2. To make recommendations to the city council on Planned Residential District, Planned Commercial District and Planned Industrial District application.

(Ord. No. 6012, § 2, 10-27-2008)

The mayor, or his/her designee, shall be considered the zoning administrator, and shall have the following powers, pursuant to this zoning ordinance:

1. To review and make decisions on applications for zoning certificates.
2. To review and make decisions on applications for temporary use permits.
3. To enforce the provisions of this ordinance.

(Ord. No. 6012, § 2, 10-27-2008)

The site plan review committee shall be comprised of at least three members of the community development department. The site plan review committee shall have the following powers and duties:

1. To review and make final decisions on site plan review when required before issuance of the zoning certificate.

(Ord. No. 6012, § 2, 10-27-2008)

1. Filing of Applications.
   1. All applications shall be filed with the community development department.
   2. The application shall be on forms provided by the city, filed in such number as the instructions provide and include all additional information required. All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal. The application shall include information, plans and data sufficient to determine whether the application conforms to the requirements set forth in this ordinance.
2. Completeness. The director of community development, or his/her designee, shall make a determination of whether or not an application is complete within five working days of application submittal. If the application is not complete, the director of community development, or his/her designee, shall notify the applicant of any deficiencies, and shall take no steps to process the application until the deficiencies are remedied. Once the director of community development, or his/her designee, determines that the application is complete, the application shall be scheduled for consideration by the appropriate body.
3. Fees. A fee shall be charged and submitted with each application. The fee shall be as set forth in the prevailing schedule of fees most recently adopted by the city council.
4. Notice. Notice shall be as required for each application. In the case of mailed notice, failure to mail notice to a person specified in this section, failure of a person to receive notice by mail or failure to mail notice within the time limits required by this section shall not invalidate any proceedings.
5. Withdrawal of Application. An applicant shall have the right to withdraw or the right to request a continuance on an application at any time prior to the decision on the application. Such withdrawal or request for a continuance shall be in writing. There shall be no refund of fees.
6. Successive Applications. Within one year of the date of denial, a subsequent application shall not be reviewed or heard unless there is substantial new evidence available, or if a significant mistake of law or of fact affected the prior denial. Such subsequent application shall include a detailed statement of the grounds justifying its consideration. The director of community development shall make a determination as to whether the subsequent application is making essentially the same request. If the director of community development finds that there are no grounds for consideration of the subsequent applicant, he/she shall summarily, and without hearing, deny the request. Such administrative decisions of the director of community development are final and are not subject to appeal to the zoning board of adjustment.

(Ord. No. 6012, § 2, 10-27-2008)

1. Purpose. The regulations imposed and the zoning districts created by this ordinance may be amended from time to time, in accordance with this section. This process for amending ordinance text or the zoning map is intended to permit modifications in response to changed conditions or changes in city policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.
2. Initiation. An amendment to the text of this ordinance or the zoning map may be initiated by the mayor, city council, planning commission, community development department or owner of any property within the city.
3. Authority. The city council, after receiving a recommendation from the planning commission, shall take formal action on requests for text or map amendments.
4. Procedure. All applications shall be filed in accordance with the requirements of CBMC 15.02.060, "General application process".
   1. Action by the Planning Commission.
      1. The planning commission shall conduct a public hearing on a proposed amendment no more than sixty (60) days of receipt of a complete application. Notice for the public hearing shall be as follows:
         1. For public hearings on zoning text or map amendment applications, the city shall cause a notice to be published in a newspaper of general circulation within the city. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant, the address of the subject property, and a general description of the proposed zoning text or map amendment. Notice shall be published not less than four days, nor more than twenty (20) days, in advance of the scheduled hearing date.
         2. In addition, for public hearings on zoning map amendment applications, written notice shall be mailed by ordinary mail to the owners of all properties located within two hundred (200) feet of the exterior boundaries of the subject property. Mailed notice shall contain the same information as the published notice. Mailed notice for a zoning map amendment application shall be deposited in the mail no less than four days, nor more than twenty (20) days, in advance of the scheduled hearing date. Failure to mail notice to a person specified in this section, failure of a person to receive notice by mail or failure to mail notice within the time limits required by this section shall not invalidate any proceedings.
      2. Within thirty (30) days of the close of the public hearing, the planning commission shall forward to the city council its recommendation.
      3. The planning commission may continue the public hearing to obtain additional information or to serve further notice upon other property owners or persons the planning commission determines to be interested in the proposed amendment. Upon recessing for this purpose, the planning commission shall announce the date and time when the hearing shall be resumed.
      4. The planning commission shall base its recommendation upon the evidence presented at the public hearing, as well as the land use policies within the comprehensive plan. It is the city's intent that the ordinance be consistent with the comprehensive plan. It is further the city's intent that all amendments to the ordinance shall also be consistent with the comprehensive plan. The planning commission shall recommend approval, approval with modifications, or denial on applications for zoning text amendments, and approval or denial on applications for zoning map amendments.
   2. Action by the City Council. The city council shall consider the application within thirty (30) days of receiving the findings of fact and recommendation from the planning commission.
      1. The city council shall conduct a public hearing on a proposed amendment no more than sixty (60) days of receipt of the planning commission recommendation. The city shall cause a notice to be published in a newspaper of general circulation within the city. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant, the address of the subject property, and a general description of the proposed zoning text or map amendment. Notice shall be published no less than seven days in advance of the scheduled hearing date. In no case shall a public hearing be scheduled earlier than the next regularly scheduled city council meeting following the published notice.
      2. Within thirty (30) days of the close of the public hearing, the city council shall take action in the form of approval, approval with modifications, or denial on applications for zoning text amendments, and approval or denial on applications for zoning map amendments. The city council may also refer the application back to the planning commission for further consideration.
      3. The city council shall base its recommendation upon the evidence presented at the public hearing as well as the land use policies within the comprehensive plan. It is the city's intent that the ordinance be consistent with the comprehensive plan. It is further the city's intent that all amendments to the ordinance shall also be consistent with the comprehensive plan.

(Ord. No. 6012, § 2, 10-27-2008)

1. Purpose. The variance process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this ordinance that create particular hardships.
2. Initiation. An owner of any property in the city may request a variance for that property.
3. Authority. The zoning board of adjustment shall take formal action on requests for variances.
4. Procedure. All applications shall be filed in accordance with the requirements of CBMC 15.02.060, "General application process".
   1. The zoning board of adjustment shall conduct a public hearing within sixty (60) days of receipt of a complete application. Notice for the public hearing shall be as follows:
      1. For public hearings on variance applications, the city shall cause a notice to be published in a newspaper of general circulation within the city. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant, the address of the subject property, and a general description of the proposed variance. Published notice for a variance application shall be published not less than five (5) days, nor more than fifteen (15) days in advance of the scheduled hearing date.
      2. For public hearings on variance applications, written notice shall be mailed by ordinary mail to the owners of all properties located within two hundred (200) feet of the exterior boundaries of the subject property. Mailed notice shall contain the same information as the published notice. Mailed notice for a variance application shall be deposited in the mail no less than five days in advance of the scheduled hearing date. Failure to mail notice to a person specified in this section, failure of a person to receive notice by mail or failure to mail notice within the time limits required by this section shall not invalidate any proceedings.
   2. The zoning board of adjustment may continue the public hearing to obtain additional information or to serve further notice upon other property owners or persons the zoning board of adjustment determines to be interested in the proposed variance. Upon recessing for this purpose, the zoning board of adjustment shall announce the date and time when the hearing shall be resumed.
   3. The zoning board of adjustment shall make findings of fact, based upon the evidence presented at the public hearing, with respect to each of the applicable standards in paragraph E (Findings of Fact) below.
   4. The zoning board of adjustment may impose such conditions and restrictions upon the location, construction, design and use of the property benefited by a variance as may be necessary or appropriate to protect the public interest, adjacent property and property values. Failure to maintain such conditions or restrictions as may be imposed shall constitute grounds for revocation of the variance. The terms of relief granted, including any conditions or restrictions, shall be specifically set forth in the concluding statement separate from the findings of fact.
5. Findings of Fact. No variance from the provisions of this ordinance shall be granted unless the zoning board of adjustment makes findings of fact based directly on the standards and conditions imposed by this section. These standards are as follows:
   1. The particular property, because of size, shape, topography or other physical conditions suffers singular disadvantage through the application of this ordinance, which does not apply to other properties in the vicinity.
   2. Because of such disadvantage, the owner is unable to make reasonable use of the affected property.
   3. The disadvantage does not exist because of conditions created by the owner or previous owners of the property.
   4. Granting the variance will not confer on the applicant any special privileges that are denied by this ordinance to other properties or structures in the same district.
   5. Granting the variance will not be contrary to the public interest, will not adversely affect other property in the vicinity, and will be in harmony with the purpose and intent of this ordinance.
6. Variance Less Than Requested. A variance less than that requested may be granted by the zoning board of adjustment when the record supports the applicant's right to some relief, but not to the entire relief requested.

(Ord. No. 6012, § 2, 10-27-2008)

1. Purpose. The development and execution of the ordinance is based upon the division of the city into districts. Within each district the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are substantially uniform. It is recognized, however, that there are specific uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such uses may be either public or private, and are of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
2. Initiation. An owner of any property in the city may request a conditional use for that property.
3. Authority. The zoning board of adjustment shall take formal action on requests for conditional use approval.
4. Procedure. All applications shall be filed in accordance with the requirements of CBMC 15.02.060 "General application process".
   1. The zoning board of adjustment shall conduct a public hearing within sixty (60) days of receipt of a complete application. Notice for the public hearing shall be as follows:
      1. For public hearings on conditional use applications, the city shall cause a notice to be published in a newspaper of general circulation within the city. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant, the address of the subject property, and a general description of the proposed conditional use. Published notice for a conditional use application shall be published not less than five (5) days, nor more than fifteen (15) days, in advance of the scheduled hearing date.
      2. For public hearings on conditional use applications, written notice shall be mailed by ordinary mail to the owners of all properties located within two hundred (200) feet of the exterior boundaries of the subject property. Mailed notice shall contain the same information as the published notice. Mailed notice for a conditional use application shall be deposited in the mail no less than five days in advance of the scheduled hearing date. Failure to mail notice to a person specified in this section, failure of a person to receive notice by mail or failure to mail notice within the time limits required by this section shall not invalidate any proceedings.
   2. The zoning board of adjustment may continue the public hearing to obtain additional information or to serve further notice upon other property owners or persons the zoning board of adjustment determines to be interested in the proposed conditional use. Upon recessing for this purpose, the zoning board of adjustment shall announce the date and time when the hearing shall be resumed.
   3. The zoning board of adjustment shall make findings of fact, based upon the evidence presented at the public hearing, with respect to each of the applicable standards in paragraph E (Findings of Fact), below.
   4. The zoning board of adjustment may impose such conditions and restrictions upon the location, construction, design and use of the property benefited by a conditional use as may be necessary or appropriate to protect the public interest, adjacent property and property values. Failure to maintain such conditions or restrictions as may be imposed shall constitute grounds for revocation of the conditional use. The terms of relief granted, including any conditions or restrictions, shall be specifically set forth in the concluding statement separate from the findings of fact.
5. Findings of Fact. No conditional use shall be approved unless the zoning board of adjustment makes findings of fact based directly on the standards and conditions imposed by this section. These standards are as follows:
   1. The proposed conditional use will comply with all applicable regulations of this ordinance, including lot requirements, bulk regulations, use limitations and all other standards or conditions contained in the provisions authorizing such use.
   2. Adequate utility, drainage and other necessary facilities or improvements have been or will be provided.
   3. Adequate access roads or entrance and exit drives will be designed and built to prevent traffic hazards and to minimize traffic conflicts and congestion in public streets and alleys.
   4. All necessary permits and licenses required for the operation of the conditional use have been obtained, or it clearly appears that such permits are obtainable for the proposed conditional use on the subject property.
   5. All exterior lighting shall be shaded as necessary to direct the light away from neighboring residential properties.
   6. The location and size of the conditional use, the nature and intensity of the activities to be conducted in connection with it, the size of the site, and the relationship of the site to adjacent roadways shall be considered to assure the use is in harmony with the appropriate and orderly development of the district and the neighborhood in which it is located.
   7. The location, nature and height of buildings, structures, walls and fences on the site, and the nature and extent of landscaping and screening on the site shall be designed so that the use will not reasonably hinder or discourage the appropriate development, use and enjoyment of the adjacent land, buildings and structures.
   8. The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is located and will contribute to and promote the convenience and welfare of the public.

(Ord. No. 6012, § 2, 10-27-2008)

1. Purpose. The purpose of a zoning certificate is to promote ordinance compliance by establishing a procedure for the city to certify that applications for any permit, license or change in use comply with all standards of this ordinance.
2. Applicability. A zoning certificate is required prior to:
   1. Issuance of all building permits, including the construction of new buildings or the structural alteration of an existing building, with the exception of the following:
      1. All single-family residential dwellings.
      2. All two-family residential dwellings.
   2. A change in the use of land or a building, including a change in a nonconforming use or a nonconforming structure.
   3. Issuance of a certificate of occupancy.
   4. Issuance of a certificate of completion.
   5. Issuance of any city license or permit including, but not limited to, liquor licenses, salvage operation licenses, and rooming and boarding houses.
3. Authority. The zoning administrator shall be responsible for issuing zoning certificates upon approval by the site plan review committee of a site plan. A site plan shall be submitted for review by the site plan review committee at the same time as an application for a city permit, license or change in use.
4. Procedure. All applications shall be filed in accordance with the requirements of CBMC 15.02.060, "General application process". Complete applications shall be forwarded to the site plan review committee for review.
   1. Action by Site Plan Review Committee:
      1. Applications for site plan review as part of a zoning certificate shall be reviewed by the site plan review committee within thirty (30) days of filing of the complete application.
      2. If, in the Committee's judgment, the application does not contain sufficient information to enable the Committee to properly discharge its responsibilities, the Committee may request additional information from the applicant. In that event, the thirty (30) day period shall be suspended pending receipt of all information requested by the Committee.
      3. The site plan review committee shall review the application for compliance with the standards in paragraph.E (Standards for Review), below.
      4. The site plan review committee may request modification of the submitted application and resubmittal of a revised application. The revised application shall be processed in the same manner as the initial application.
      5. The site plan review committee may approve the application subject to certain conditions or minor modifications to be stated in writing and attached to the approved site plan application.
      6. No city permit, license or change in use shall be issued or approved until site plan approval has been granted. If the site plan review committee approves a site plan, a zoning certificate may then be issued, provided that all other requirements of all other applicable city codes and ordinances are satisfied.
   2. Action by Zoning Administrator. Upon approval of the application by the site plan review committee, zoning administrator, or his/her designee, shall issue a zoning certificate indicating that the application is in compliance with the ordinance.
   3. Consultants. The site plan review committee and the zoning administrator may utilize the services of professional consultants for research, investigation, and professional opinion in arriving at a recommend or decision. The applicant whose request requires the use of such professional services shall reimburse to the city the reasonable cost it incurs in using such professional service within ten (10) days of submission of the bill by the city. Consultants include, but shall not be limited to, professionals in the fields of engineering, law, planning, design, traffic design, finance, and court reporters.
5. Standards for Review. The scope of the application review includes the location of principal and accessory structures, infrastructure, open space, landscaping, exterior lighting, traffic movement and flow, number of parking spaces, design of parking lots, and location of landscaping and screening. In reviewing site plans, the relationship of the site plan to adopted land use policies, and the goals and objectives of the comprehensive plan shall be evaluated. In addition, the following characteristics shall also be considered:
   1. The arrangement of the structures and buildings on the site to:
      1. Allow for the effective use of the proposed development.
      2. Allow for the efficient use of the land.
      3. Ensure compatibility with development on adjacent property.
      4. Respond to off-site utility and service conditions, and minimize potential impacts on existing or planned municipal services, utilities, and infrastructure.
      5. Protect the public health, safety, convenience, comfort, and general welfare.
      6. Conform to the requirements of this ordinance and other applicable regulations.
   2. The arrangement of open space or natural features on the site to:
      1. Create a desirable and functional environment for patrons, pedestrians, and occupants.
      2. Preserve unique natural resources where possible.
      3. Provide adequate measures to preserve existing healthy, mature trees wherever practically feasible.
      4. Respect desirable natural resources on adjacent sites.
      5. Design drainage facilities to promote the use and preservation of natural watercourses and patterns of drainage.
      6. Reduce soil erosion and to prevent damage to the development site, streams, drainage ways, streets and adjoining public and private properties.
      7. Avoid unnecessary or unreasonable alterations to existing topography.
   3. The organization of circulation systems to:
      1. Provide adequate and safe access to the site.
      2. Minimize potentially dangerous traffic movements.
      3. Separate pedestrian and auto circulation and provide for bicycle parking or storage insofar as practical.
      4. Minimize curb cuts.
      5. Minimize the impacts of on-site queue lengths onto adjacent public and private streets and other traveled ways.
      6. Promote on-site queue lane locations that do not impact circulation or parking located within the development site.
   4. The design of off-street parking lots or garages to:
      1. Minimize adverse impacts on adjacent properties.
      2. Promote logical and safe parking and internal circulation.
   5. The design of landscape improvements and related features to:
      1. Create a logical transition to adjoining lots and developments.
      2. Screen incompatible uses.
      3. Minimize the visual impact of the development on adjacent sites and roadways.
      4. Utilize plant materials suitable to withstand the climatic conditions of the city and microclimate of the site.
      5. Promote and enhance the appearance and image of the city.
   6. Site illumination that is designed, located, and installed in a manner that will minimize adverse impacts on adjacent properties.
   7. Conformance of the proposed development with the goals and policies of the comprehensive plan and all city codes and regulations.

(Ord. No. 6012, § 2, 10-27-2008)

1. Purpose. A temporary use permit is required for limited term activities or events, which occur on private property within the city, that may potentially create off-site impacts to surrounding properties and the neighborhood in which it will occur.
2. Authority. The zoning administrator shall take formal action on requests for temporary use permits.
3. Procedure. All applications shall be filed in accordance with the requirements of CBMC 15.02.060 "General application process."
   1. The zoning administrator shall grant temporary use permits for those uses listed in paragraph E (Permitted Temporary Uses) below, so long as they comply with the requirements of this section, including paragraph D (Standards for Temporary Uses) and this ordinance. Unless expressly provided in this section, every temporary use shall comply with the bulk requirements applicable in the district in which the temporary use is located.
   2. Temporary uses not specifically listed here shall require the specific approval of the city council. Such uses may be allowed in any zoning district, provided that such temporary use is consistent with the purpose and intent of this ordinance and the zoning district in which it is located.
   3. Every temporary use shall comply with other conditions required as part of permit approval as may reasonably be necessary to achieve the purposes of this ordinance, and to protect the public health, safety and general welfare.
4. Standards for Temporary Uses. All temporary uses shall comply with all the standards listed below:
   1. No temporary use shall be permitted that causes, or threatens to cause, an on- site or off-site threat to the public health, safety and general welfare.
   2. Every temporary use shall be operated in accordance with any restrictions and conditions as other departments may require. If required by the city, the operator of the temporary use must employ appropriate security personnel.
   3. No temporary use shall be permitted if the additional vehicular traffic reasonably expected to be generated by such use would have undue detrimental effects on surrounding streets and uses.
   4. No temporary use shall be authorized that would unreasonably reduce the amount of required parking. The zoning administrator may make an assessment of the total number of parking spaces that will be reasonably required in connection with a proposed temporary use, on the basis of the particular use, its intensity and the availability of other parking facilities in the area. The zoning administrator shall approve such temporary use only if such parking spaces are provided.
   5. No temporary use shall be permitted if such use would conflict with another previously authorized temporary use.
   6.  Signs shall be permitted only in accordance with this ordinance.
5. Permitted Temporary Uses.
   1. Batch Plants (Temporary).
      1. Temporary batch plants are valid only for the duration of a project, not to exceed six months. However, at the end of the six month period, the zoning administrator may renew the permit for another six months or to the conclusion of the project, whichever comes first. At the end of such a project, the contractor must restore the area to its original condition.
      2. Temporary batch plants shall be located at least on thousand (1,000) feet from any recreational area, school or residence.
      3. Temporary batch plants shall be located and designed to mitigate water quality impacts to receiving water bodies, including locations away from watercourses, drainage courses and drain inlets.
      4. As part of the permit application process, the contractor shall submit a routing of trucks to and from the proposed plant as a condition to be approved prior to granting application approval. A temporary batch plant shall only be allowed access via arterial or collector roads and highways. Access via local residential and/or collector roads serving residential areas is prohibited.
   2. Christmas Tree Sales Lot and Pumpkin Sales Patch. Christmas tree sales and pumpkin sales patches are allowed in any non-residential zoning district. Any such use shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed forty-five (45) days. Sales of Christmas trees and pumpkins as an accessory use to a retail goods establishment do not require a permit. However, such accessory sales cannot occupy required parking spaces.
   3. Farmstands and Farmers Markets. Farmstands and farmers markets are allowed in any non-residential district. No product may be exhibited or offered for sale except the following: Fresh dairy goods, fruits, vegetables, juices, flowers, plants, herbs and spices produced or grown by the vendor, and baked goods made by the vendor(s).
   4. Outdoor Retail Sales. Retail goods establishments are permitted outdoor sales and display of merchandise, by either a storeowner or occupant, outside the store and within the same zoning lot. A retail goods establishment shall be permitted to display and sell its merchandise outdoors under the following conditions:
      1. No sales and display area shall be permitted in any public right-of-way or obstruct pedestrian or vehicular traffic. No sales and display area is permitted in any required yard.
      2. Outdoor storage is prohibited for retail goods establishments.
      3. A portion of the parking area may be used for outdoor sales and display on a temporary basis only, in terms of both display structure and goods displayed or sold (no permanent display structures permitted in parking areas). No more than ten (10) percent of the required parking area for the existing commercial use may be used for the temporary outdoor sales and display, unless approved by the zoning administrator.
   5. Temporary Contractor Trailers and Real Estate Model Units. Contractor trailers and real estate model units, including temporary real estate offices accessory to a new development, are allowed in any zoning district when accessory to a construction project or a new development. Contractor trailers shall be limited to a period not to exceed the duration of the active construction phase of such project. Real estate model units including temporary real estate offices, shall be limited to the active selling and leasing of space in such development or six months after issuance of the final certificate of occupancy, whichever is less. These uses shall not contain any sleeping or cooking accommodations, except those located in a model unit used for demonstration purposes only. No trailer, unit or office shall be used as the general office or headquarters of any firm.
   6. Temporary Storage Containers.
      1. Temporary storage containers accessory to a construction or remodeling project are permitted in any zoning district. Containers are permitted on site for a period not to exceed the duration of the construction or remodeling project and must be removed within one month of receiving approval of final inspections or issuance of a certificate of occupancy.
      2. Temporary storage containers are permitted in any zoning district when used for loading or unloading. Temporary storage containers are permitted on site for this purpose for a period not to exceed seventy-two (72) hours. Such temporary storage containers present for loading or unloading do not require a temporary use permit.
      3. Temporary storage containers shall not be used for permanent storage. They shall not serve as a substitute for permanent storage needs on the site on which they are located. Temporary storage containers shall not be permanently attached to the ground, serviced with permanent utilities or stacked on the site.
   7. Temporary Storage Trailers.
      1. Temporary storage trailers (i.e., rail shipping containers) shall not be used for permanent storage. They shall not serve as a substitute for permanent storage needs on the site on which they are located. All temporary storage trailers require a temporary use permit and, as part of temporary use approval, a time limit shall be determined by the zoning administrator.
      2. Temporary storage trailers shall not be permanently attached to the ground, serviced with permanent utilities or stacked on the site.
      3. Temporary storage trailers are permitted in non-residential districts only, and must be located within the rear yard and screened from the public right-of-way.
   8. Gardens, Private Multiple User (Off-premise).
      1. At the discretion of the community development department director or his/her assign a permit may be issued in any zoning district.
      2. The duration of the temporary use permit shall be for twelve (12) calendar months from the date of issuance. The following shall be submitted with the application:
         1. A letter of support from the property owner of each adjacent residential property(s).
         2. Properties located within a subdivision, or in a neighborhood with an established neighborhood association and/or homeowner's association shall include a letter of support.
         3. A notice will be sent to each immediately abutting property owner giving them an opportunity to provide comment prior to issuance.
      3. A site plan and plan of operation are required.
      4. Detail plan of water supply.
      5. The use of the property is limited to daylight hours for the purposes of gardening only.
      6. Sales of horticulture or food crops shall not be permitted on site.
      7. Outdoor storage of equipment and/or tools is not permitted.
      8. Greenhouses and hoop houses are not permitted.
      9. The area used for production shall be setback at least five feet from every property line.
      10. Signage shall be limited to one ground or monument sign per premise and is limited to eight square feet with a maximum height of five feet.

(Ord. No. 6012, § 2, 10-27-2008; Ord. No. 6155, § 1, 4-23-12)

Any person affected by a decision of the community development director, or his or her designee, in the enforcement of this title may appeal said decision to the board of zoning adjustment according to the procedures contained herein.

1. Scope of Appeals. An appeal may be taken to the board of zoning adjustment by any person affected by any decision of the community development director, or his or her designee, where it is alleged there is error in any order, requirement, decision, or determination made by any such administrative official in the enforcement of this title.
2. Filing of Appeals. The appeal shall be initiated by filing with the community development department a written notice of appeal, the grounds for the appeal, and an administrative filing fee as found in the schedule of fees, within thirty (30) days of the decision rendered by the community development director, or his or her designee. the community development director, or his or her designee, shall promptly transmit to the board of zoning adjustment all of the documents related to the decision or action being questioned.
3. Scheduling Appeal Hearing and Notice. A timely filed appeal shall be scheduled for hearing on the next agenda of the monthly meeting of the board of zoning adjustment, unless such hearing would be less than seven days after the timely filing of the appeal, in which case the appeal shall be scheduled for hearing on the agenda of the next board of zoning adjustment meeting. Once scheduled, notice of the time and place of the hearing shall be given to each appellant by mailing a copy of such notice, postage prepaid, addressed to the appellant at his or her address as shown on the appeal.
4. Procedure for Appeal Hearing. Hearings shall be conducted in an informal manner; formal rules of evidence shall not apply. At the hearing, all parties shall have the opportunity to present evidence and cross-examine witnesses. The board of zoning adjustment may establish additional written rules of procedure for the conduct of hearings and their business. The board of zoning adjustment may continue the hearing to a specified time and date if it determines that additional evidence is necessary to decide the issue.
5. Conclusion of Hearing. At the conclusion of the hearing, or within ten (10) days after the hearing, the board of zoning adjustment shall make written findings and either sustain, modify, or reverse the order of the community development director, or his or her designee. The written findings and decision shall be mailed to the appellant, postage prepaid, at the appellant's address as shown on the appeal. The secretary of the board of zoning adjustment shall maintain the written findings and decision as a public record.
6. Limitation of Authority. The board of zoning adjustment shall have no authority to waive any mandatory requirements of the zoning code, or any other municipal code, as part of this appeal. The board of zoning adjustment shall have the authority to hear and decide appeals of order, decision or determinations made by the community development director, or his or her designee, relative to the application and interpretations of the zoning code only.
7. Review by Court. The city, or any person or persons, who have appealed to the board of zoning adjustment and are aggrieved by its decision may appeal the decision to a court of competent jurisdiction pursuant to the provisions of Iowa law.

(Ord. No. 6012, § 2, 10-27-2008; Ord. No. 6377, § 1, 1-28-2019)

The city may take any or all of the actions listed in this section in response to any violation of this title. The remedies and penalties provided for violations of this title shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.

1. Enforcement. This title shall be enforced by the community development director or his or her designee. The community development director or his or her designee may secure the assistance of the city attorney to seek an injunction, abatement, municipal citations or other appropriate action to enjoin, abate, or stop any violation of this title. At times, the aid of the police department may be sought to enforce this title. The property owner charged with the violation may be held responsible for any legal expenses incurred by the city.
2. Fines. Fines for violation of this title shall be set forth as per the adopted schedule of civil penalties stated in CBMC 1.95 Municipal Infraction Citation Process.
3. Notification. The community development director or his/her designee shall, upon determination of any violation of this title, notify in writing the person(s) responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it; and specifically shall order the discontinuance of any illegal use of land, buildings, or structures, order removal of illegal buildings, structures, additions, or alterations; order discontinuance of illegal work being done; or take any other action authorized by this title to insure compliance with, or to prevent violation of its provisions, and in particular, shall, when appropriate, recommend to the city attorney the institution of legal or equitable actions that may be required for the enforcement of this title. The city shall use the following letters as forms of written notification:
   1. Letter #1: Voluntary Compliance Request Letter. The city shall issue a voluntary compliance request letter to the property owner of record and any other responsible party citing the violation of this title. This letter will be mailed to the property's tax address as well as the physical street address. Each violation falls into one of four tiers. Table 1: Violation-Tier Categories outlines the type of violations and the corresponding tier. The voluntary compliance request letter shall state that the violation be removed within the time set forth in Table 2: Timeframes to Remedy Violations. This letter shall serve as the first notice of violation.
   2. Letter #2: Second Notice of Violation. The City shall issue a second notice of violation letter to the property owner of record and any other responsible party citing the violation of this title if the violation was not remedied within the timeframe specified in Letter #1: Voluntary Compliance Request Letter. This letter will be mailed to the property's tax address as well as the physical street address. The letter shall reiterate the sending of the first notice of violation and that the violation must be removed within the time set forth in Table 2.
   3. Letter #3: Citation for Municipal Infractions. The city shall cite the property for municipal infractions if the violation was not remedied within the time frame specified in Letter #2: Notice of Violation. The fines for municipal infractions shall be as set forth in CBMC 1.95.020 "Violations, penalties and alternative relief". The citation shall be served in accordance with the methods listed in CBMC 1.95.030 "Civil citations".
      
      The community development department has specified four tiers of zoning code violations. Each type of zoning code violation falls into a tier based on the intensity of the violation and amount of time needed for remediation. The following table shows the violations that fall under each of the four tiers:
      
      Table 1: Violation Tiers
      
      

      Tier 1 Violation	Tier 2 Violation	Tier 3 Violation	Tier 4 Violation
      • Temporary sign • Nonpermanent outdoor Lighting • Parking where conforming parking space is available on site • Storage container • Occupying a recreational vehicle	• Permanent sign • Permanent outdoor lighting • Fencing • Parking where conforming parking space is not available on-site • Landscaping	• Home-based business • Illegal structure • Illegal use • Building material/architectural design when located within a corridor design overlay or on a property with an approved development plan	• Any violation that poses to be an emergency or threat to public health and safety

      
      Table 2: Timeframes to Remedy Violations
      
      All notice of violation letters shall be sent to the property owner and/or other responsible party for all violations. The property owner shall be the party subject to citation if the violation is not remedied within the amount of time as set forth in this table.
      
      

      Notice Type:	Tier 1 Violation	Tier 2 Violation	Tier 3 Violation	Tier 4 Violation
      Letter 1: Voluntary Compliance Request/Notice	Ten (10) business days from the date of the letter to remedy the violation before receiving Letter 2: Second Notice of Violation	Thirty (30) days from the date of the letter to remedy the violation before receiving Letter 2: Second Notice of Violation	Sixty (60) days from the date of the letter to remedy the violation before receiving Letter 2: Second Notice of Violation	In situations where a violation is considered to be an emergency or is a threat to public health and safety, enforcement action shall be taken immediately by the Community Development Director or his/her designee
      Letter 2: Second Notice of Violation	Five (5) business days from the date of the letter to remedy the violation before receiving Letter 3: Citation for Municipal Infractions	Fifteen (15) days from the date of the letter to remedy the violation before receiving Letter 3: Citation for Municipal Infractions	Thirty (30) days from the date of the letter to remedy the violation before receiving Letter 3: Citation for Municipal Infractions
      Letter 3: Citation for Municipal Infractions	A citation shall be served in accordance with CBMC 1.95.030 on the next business day following the expiration date in Letter 2: Second Notification of Violation	A citation shall be served in accordance with CBMC 1.95.030 on the next business day following the expiration date in Letter 2: Second Notification of Violation	A citation shall be served in accordance with CBMC 1.95.030 on the next business day following the expiration date in Letter 2: Second Notification of Violation

      
      
4. Multiple Violations. Multiple violations that occur on the same property shall be reviewed and enforced separately in accordance with Tables 1 and 2.
5. Repeat Violations. Violations of the same type that occur on a property within a twenty-four (24) month period where the owner of the property remains the same shall be considered repeat violations. The property owner or other responsible party shall be notified of the violation following the schedule designated in Table 2.
6. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this title, the city, in addition to other remedies, may institute any proper action or proceeding, including an action to enjoin such unlawful erection, construction, reconstruction, alteration, repair, conversion maintenance, or use, in the name of the city of Council Bluffs, to restrain, correct, or abate such violations, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct business or use in or about said premises. More specifically, the community development department shall have the following remedies and powers to enforce this title:
   1. Deny/Withhold Permits. The city may deny and withhold permits, certificates, or other forms of authorization to use or develop any land, structure, or improvements until the alleged violation related to such property use, or development is corrected. The provision shall apply whether or not the current owner or applicant for the permit is responsible for the violation.
   2. Permits Approved with Conditions. Instead of withholding or denying a permit or other authorization, the city may grant such authorization subject to the condition that the violation be corrected prior to occupancy or final approval.
   3. Citation for Municipal Infractions. The city may cite the property for a municipal infractions as set forth in CBMC 1.95 Municipal Infraction Citation Process.
   4. Revoke of Approvals or Permits.
      1. Any permit issued by administrative approval is subject to revocation. Any permit issued by a decision-making body is subject to revocation after notice and a public hearing by said decision-making body. A permit is subject to revocation, after the responsible party has been provided an opportunity to remedy the violation within the time set forth in Table 2, when it is determined that either:
         1. There is a material departure from the approved plans, specifications, or conditions of approval;
         2. There is a violation of any provision of this title;
         3. The development approval or permit was obtained by false representation; and
         4. The development approval or permit was issued in error.
      2. Written notice of the revocation shall be served upon the property owner of record, the owner's agent, the applicant, or other person to whom the permit was issued or such notice may be posted in a prominent location at the place of the violation. No work or construction shall proceed after the service of the revocation notice.
   5. Revoke Licenses. The city may revoke applicable licenses issued pursuant to city code. Revocation of licenses shall be processed according to applicable procedures adopted for this purpose by the applicable city department or entity.
   6. Stop Work Order. With or without revoking permits, the community development director or his or her designee may issue an order to stop work on any property on which there is an uncorrected violation of either a provision of this title or a provision of a permit or other form of authorization issued pursuant to this title. The stop work order shall specify the title provisions being violated. After any such order has been served, no work shall process on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with this order. The stop work order may be issued at the same time as a notice of initial violation or subsequent to such notice.
   7. Injunctive Relief. The city may initiate injunction proceedings or other appropriate legal action in any court of competent jurisdiction against any person who fails to comply with any provision of this title or any requirement or condition imposed pursuant to this title. In any court proceeding in which the city seeks a preliminary injunction, it shall be presumed that a violation of this title is a real, immediate, and irreparable injury to the public; that the public will be irreparably injured by the continuation of the title violation unless the violation is enjoined; and that there is no plan and adequate remedy at law for the subject title violation.
   8. Abatement. The city may seek a court order in the nature of mandamus, abatement, injunction or other action to abate or remove a violation or to otherwise restore the premises to the condition that existed before the violation.
   9. Administrative Extension of Time.
      1. An administrative extension of time may be granted to the property owner and/or other responsible party by the community development director at his/her discretion for remedying violations that require paving, landscaping, or the removal or altering of illegal structures where seasonal weather conditions make remedying impractical.
      2. If the property owner and/or other responsible party are actively pursuing the remedy of an identified zoning violation, a stay of all enforcement action may be granted by the community development director or his/her designee. A stay of action shall not exceed ninety (90) days.
      3. An administrative extension of time or stay of enforcement action shall not be granted for a Tier 4 violation.
   10. Other. The city may take any other action permitted by Iowa law.

(Ord. No. 6012, § 2, 10-27-2008; Ord. No. 6378, § 1, 1-28-2019)