165.03.01.   Purpose. The Administration and Procedures Provisions establish the methods for implementation of this Zoning Ordinance. These provisions include procedures for reviewing specific uses within certain zoning districts; amending this Zoning Ordinance; granting variances; and responsibilities of various boards and commissions.

   165.03.02.   Application. The Administration and Procedures Provisions apply to all properties in the jurisdiction of the City of Dyersville.

   165.03.03.   Administrative Bodies, Powers, and Duties.

      A.   City Council. The City Council has all powers conferred upon it by Chapter 17, Council, of the Dyersville Code of Ordinances, and the laws of the State of Iowa. With respect to decision-making pursuant to this Zoning Ordinance, in addition to the authorized acts of the Code of Ordinances, the City Council will exercise the powers set out in this Subsection.

         i.   After a public hearing is held and after reports and recommendations are provided by the Administrator, the Commission, or another board, commission, or committee, the City Council shall hear and decide the following:

            a.   Plans and programs for the development and redevelopment of its area of jurisdiction, when applicable in this Zoning Ordinance. This includes, but is not limited to, amending the text and maps of the Comprehensive Plan or other plans from time to time;

            b.   Proposed covenants, conditions, and restrictions as required by the City;

            c.   Proposed amendments to the text of this Zoning Ordinance;

            d.   Proposed amendments to the Official Zoning Map;

            e.   Planned unit development site plans and any major changes thereof;

            f.   Appeals that are not under the authority of the Board of Adjustment;

            g.   Local designation of historic districts and historic sites and nominations to the National Register of Historic Places; and

            h.   Any other action not delegated to any other board or commission as the City Council may deem desirable and necessary to implement the provisions of this Zoning Ordinance and the goals and objectives of the City, provided such action is not contrary to the requirements of this Zoning Ordinance or State law.

      B.   Planning and Zoning Commission. Refer to Chapter 23 of the Dyersville Code of Ordinances.

      C.   Board of Adjustment, Board Created. A Board of Adjustment is established, which shall consist of five (5) members appointed by the Council. The terms of office of the members of the Board of Adjustment shall be as provided by statute.

         i.   Meetings. The meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson or, in his/her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall adopt its own rules of procedure not in conflict with this Code of Ordinances or with the Code of Iowa and may select or appoint such officers as it deems necessary. The Board shall keep minutes of its proceedings showing the vote of each member on each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Clerk, and shall be a public record. The presence of three (3) members shall be necessary to constitute a quorum.   

         ii.   Jurisdiction. The Board of Adjustment shall have the powers set out in this section, and it shall be its duty to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Council in the enforcement of this chapter.

         iii.   Limitations on Board. Nothing contained in this section shall be construed to give or grant to the Board of Adjustment the power of authority to alter or change this chapter or the zoning map, such power and authority being reserved to the Council in the manner provided in Subsubsection 165.03.03 A, City Council.

         iv.   Records. The action of the Board shall not become effective until after the resolution of the Board, setting forth the full reason for its decision, and the vote of each member participating therein, has been recorded in the minutes. Such resolution, immediately following the Board’s final decision, shall be filed in the office of the Board, and it shall be open to public inspection. Every variation and exception granted or denied by the Board shall be supported by a written testimony, or evidence submitted in connection therewith.

         v.   Court Appeal. Any taxpayer, or any officer, department, or board of the City, or any person or persons jointly or separately aggrieved by any decision of the Board, may present to a court of record a position to be verified, setting forth that such decision is illegal, in whole, or part, specifying the ground of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board. Upon the presentation of such petition the court may direct the Board to review such decision of the Board and shall prescribe therein the time within which a return thereto shall be made, which shall be not less than ten (10) days and be extended by the court.

         vi.   Court Writ. The allowance of the writ shall not stay proceedings on the decisions appealed from, but the court may, on application, upon notice to the Board, and on due cause shown, grant a restraining order. If upon the hearing it shall appear to the court that testimony is necessary for proper disposition of the matter, it may take such evidence, or appoint a referee to take such evidence, as it may direct, and report the same to the court with the findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.

         vii.   Court Costs. The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review. Costs shall not be allowed against the Board, unless it shall appear to the court that the Board acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

         viii.   Powers and Duties. The Board of Adjustment shall have the following powers and duties, as described in this Zoning Ordinance:

            a.   Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decisions, or determination made by the Administrator, or designee, or another administrative official or agency, in the enforcement of this Zoning Ordinance or any regulations relating to the location or soundness of structures;

            b.   Conditional Use Permits. To hear and decide the approval of applications for conditional use permits, as provided by this Zoning Ordinance;

            c.   Variances to Relieve Hardships Relating to Property. To authorize, upon appeal, variances from the strict application of this chapter where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of enactment of the zoning regulations; or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, such strict application would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner of such property; and

            d.   Interpretations. Interpretations of the provisions of this Zoning Ordinance and the Official Zoning Map, upon referral by the Administrator.

      D.   Administrator. The City Administrator is ultimately responsible for processing an application to decide (in case of administrative approval) or recommend to another review body (in case of public meeting and hearing approvals). The Administrator shall designate staff members to manage applications through the review process and to be points of contact for applicants, and to perform such other functions and duties as may be required of the Administrator by this Zoning Ordinance. The Administrator may also designate review responsibilities to other members of City staff with relevant technical training or expertise, or, as appropriate, to consultants that are authorized by the City Council.

         i.   Duties and Responsibilities. For the purposes of reference, the Administrator has the following duties and responsibilities with respect to the administration of this Zoning Ordinance. Such duties may be allocated by the Administrator in the exercise of the responsibilities without amendment to this Zoning Ordinance.

            a.   Interpret the general intent and/or specific meaning of any portion of this Zoning Ordinance text, position of district boundaries, district designation, or other matters relating to the Official Zoning Map;

            b.   Maintain the Official Zoning Map and record all amendments to and information thereon;

            c.   Provide public information relating to zoning matters including scheduled meetings of the Commission and Board of Adjustment;

            d.   Receive, process, and record all applications in this Zoning Ordinance with accompanying plans and documents, all of which shall be a public record;

            e.   Register and maintain records and maps of nonconforming uses, buildings, structures, lighting, landscaping, bufferyards, signs, parking and loading, site access, site improvements, and lots;
            f.   Revoke permits or certificates in violation of the provisions of this Zoning Ordinance; and

            g.   Serve as staff liaison to the Commission and in that capacity when requested to do so by the Commission, attend the meetings of the Commission, inform them of all facts and information with respect to any matter brought before the Commission and perform other duties as may be assigned by this Zoning Ordinance and by the rules of the Commission.

            h.   Serve as staff liaison to the Board of Adjustment and attend all meetings, inform the Board of Adjustment of all facts and information at his/her disposal with respect to any matter brought before the Board of Adjustment, perform such other duties as may be assigned to him/her by this Zoning Ordinance by the rules of the Board of Adjustment.

            i.   Initiate and continue such social, economic, physical, and environmental studies as may be necessary or appropriate for the development and revision of the Comprehensive Plan by the Commission; and

            j.   Maintain permanent and current records of applications and meetings described in Subsection 165.03.04, Permits and Procedures including all maps; amendments; development approvals and denials; and decisions rendered by the Commission together with relevant background files and materials.

            k.   Identify ordinance violations and enforce the provisions of this Zoning Ordinance and approvals.

   165.03.04.   Permits and Procedures.

      A.   General Procedures. The administration and procedures provisions in this Subsection establish the methods for implementation of this Zoning Ordinance, summarized in 165.03.04.01, Permits and Procedures Summary.

      B.   Except where this Zoning Ordinance or State Statues provides otherwise, the following procedures are required:

         i.   Application. For requests not initiated by the City or Commission, an application shall be submitted on a form approved by the Administrator. Application forms shall include the specific information that is required to process each type of application, except where this Section describes otherwise. The Administrator may waive certain submittal requirements to tailor the requirements to the information necessary to review a particular application.

         ii.   Fees. The City Council shall from time to time establish fees by resolution for the processing and review of the various applications that are required by this Zoning Ordinance. The fees shall be reasonable but shall not exceed the actual costs to review the applications. The City Council may provide for a flat fee, plus require the reimbursement of extraordinary costs to the City that are necessitated by an application, such are fees for expert technical review or advice from consultants. Fees are nonrefundable once an application is deemed complete by the Administrator.

         iii.   Administrator Referral.

            a.   The Administrator may refer any application in this Zoning Ordinance for review and approval of the Commission and Council, subject to the procedures in Subsection 165.03.04A, General Procedures, when an application presents such scale, intensity, or interpretation that warrants additional public review, professional input, or Council authority.

            b.   When an application in this Zoning Ordinance requires review and approval by the Commission, Board of Adjustment, City Council, or other agency, the Administrator shall refer the application for action at the next scheduled meeting provided the application is submitted at least fifteen (15) days prior to the next scheduled meeting, unless the applicant shall agree to some later time.

         iv.   Notice Requirements. When a public hearing is required, notice of public hearings shall be provided by giving at least seven days’ notice of the time, date, and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the City.

         v.   Public Hearing. When a public hearing is required, prior to making any recommendation or action on the respective permit, plan, or item, or part thereof, to the Commission and City Council, shall set and conduct a public hearing in accordance with Iowa Code of Law.

         vi.   Decisions. Except where this Zoning Ordinance or State Statues provides otherwise, official action requires the favorable vote of a majority of a quorum present. Any time limit specified in this zoning ordinance for any decision or action on behalf of a review or decision-making body may be extended if the applicant agrees to an extension in writing or on the record during the applicable hearing or if the Administrator determines that a delay of one meeting is necessary for completions of review.

         Summary Table. Table 165.03.04.01, Permits and Procedures Summary summarizes the application types. Applications for one development project may be filed concurrently, subject to the application requirements and procedures.

 

      C.   Comprehensive Plan. Procedures for adopting a Comprehensive Plan are set out in Iowa Code, Section 414.3 and the contents of a Comprehensive Plan may consider the smart planning principles under Iowa Code, Section 18B. Upon adoption, the Comprehensive Plan shall be considered an official statement of the policy of the City of Dyersville.

         i.   Administration. Following its adoption, a comprehensive plan may be amended by the Council at any time, based on recommendation from the Commission, in the same procedures as adoption.

         ii.   Application. For requests not initiated by the City or Commission, an application shall be submitted per Subsubsubsection 165.03.04.B.i, Permits and Procedures Application.

         iii.   Public Hearing. The Commission, prior to making any recommendation for the adoption or amendment of the Comprehensive Plan, or part thereof, to the City Council, shall set, notice, and conduct a public hearing as permitted and limited by applicable law of the Iowa Code of Law and Subsubsection 165.03.04. A, General Procedures.

         iv.   Commission Report. Following such public hearing, the Commission shall recommend action to approve, approve with conditions, or deny the application. A vote either for or against an amendment by a majority of all Commission members shall constitute a recommendation to the City Council. If the Commission makes no report within thirty (30) days, it shall be considered to have made a report approving the plan.

         v.   Council Vote. Within thirty (30) days of the receipt of a recommendation by the Commission, the City Council shall set, notice, and conduct a public hearing as permitted and limited by applicable law of the Iowa Code of Law and Subsubsection 165.03.04. A, General Procedures to review and consider the Comprehensive Plan for adoption. The City Council may approve, approve with conditions, refer back to the Commission, or deny the Comprehensive Plan, upon a recommendation of the Commission. Approval shall be made by resolution.

         vi.   Approval or Amendment Criteria. The following criteria shall be considered to determine whether a Comprehensive Plan shall be approved or amended.

            a.   A proposed map amendment is warranted by changing conditions in the area, or it corrects an error in fact concerning the property's future land use classification at the time of the original plan adoption;

            b.   If the map amendment is approved, there will be an adequate supply of land permitted in the category being changed;

            c.   A proposed text amendment furthers the goals, objectives, and policies of the Comprehensive Plan;

            d.   A proposed text amendment advances a legitimate public need; and

            e.   A proposed text amendment is warranted by changing conditions or a current need.

      D.   Building Permit. Building permits must be approved before the beginning of construction, defined as the commencement of site work and grading.

         i.   Administration. The Administrator, or his/her designee shall review, evaluate, and act on all building permits submitted pursuant to this procedure.

         ii.   Application. To obtain a building permit, the applicant shall file an application on a form approved by the Administrator. Application forms shall include the specific information that is required to process each type of application. Every application shall:

            a.   Describe the land on which the proposed work is to be done by lot, block tract and house and street address, or similar description that will readily identify and definitively locate the proposed building or work;

            b.   Indicate the use or occupancy for which the proposed work is intended;

            c.   Be accompanied by plans and specifications for proposed construction, including the estimated construction value;

            d.   Be accompanied by a plat, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape, and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of the Dyersville Code of Ordinances;

            e.   Be signed by the permittee or authorized agent who may be required to submit evidence to indicate such authority;

            f.   Within designated flood prone areas, be accompanied by elevations (in relation to mean sea level) of the lowest habitable floor (including basement) or in the case of floodproofed nonresidential structures, the elevation to which it has been floodproofed. Documentation or certification of such elevations will be maintained by the Administrator;

            g.   Give such other information as reasonably may be required by the Council such as:

               (i)   A typical valley showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be corrupted by the proposed development and higher water information;

               (ii)   Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information;

               (iii)   Profile showing the slope of the bottom of the channel or flow line of the stream.

         iii.   Administrator Approval. Applications that list a construction value below $1,000,000 shall be approved by the Administrator. Within thirty (30) days after an application filing, the Administrator shall issue a building permit based on a finding that the proposed building or structure, or improvements to an existing building or structure, complies with approved plans for development (e.g., site plans), all regulations of this Zoning Ordinance, and all applicable building codes. The decision shall be communicated to the applicant in writing along with any recommendations.

         iv.   Council Approval. Applications that list a construction value of $1,000,000 or above shall be approved by the City Council. Within ten (10) working days after a complete application filing, the Administrator shall refer the application to the City Council for approval. The Council shall issue a building permit based on a finding that the proposed building or structure, or improvements to an existing building or structure, complies with approved plans for development (e.g., site plans), all regulations of this Zoning Ordinance, and all applicable building codes. The decision shall be communicated to the applicant in writing along with any recommendations.

            a.   Previous or Concurrent Site Plan or PUD Approval. Previous Council approval of a Site Plan or PUD application shall not be construed to also require Council approval of a building permit for a construction value of $1,000,000 or more.

         v.   Notification of Completion. Any party having obtained a building permit shall notify the Administrator when the erection or alteration of the building is completed. The certificate of occupancy and certificate of zoning compliance shall then be issued according to Subsubsection 165.03.04 E, Certificate of Occupancy and 165.03.04 F, Certificate of Zoning Compliance if the building is found to be in compliance with this Zoning Ordinance and any other building requirements of the City.

      E.   Certificate of Occupancy. No land shall be occupied or used, and no buildings hereafter erected or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy is issued by the Administrator, stating the building and use comply with the provisions of this Zoning Ordinance and other building and health ordinances of the City. No change of use shall be made in any building, or part thereof, now or hereafter erected, or structurally altered, unless a certificate of occupancy shall be issued to make a change and unless the changes are in conformity with the provisions of this Zoning Ordinance.

         i.   Temporary Certificate. Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued to be valid for a period not to exceed six (6) months from the date of issuance and to permit partial occupancy of the premises during completion of the construction. Such temporary certificates of occupancy shall not be construed as in any way altering the respective rights, duties or obligations of any other matter covered by this Zoning Ordinance. Such temporary certificates of occupancy shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

      F.   Certificate of Zoning Compliance. A certificate of compliance shall be issued within ten (10) working days after the lawful erection or alteration of the building, change in use, or establishment of a home occupation is completed. A record of all certificates shall be kept on file in the office of the City Clerk, and copies shall be furnished upon request to any person having a proprietary, or tenancy interest in the building affected.

      G.   Site Plan Review. The Site Plan Review procedure provides for review in addition to building permit and plan review required by other sections of the Dyersville Code of Ordinances for projects that have potentially significant effects on traffic circulation or a significant effect on land uses in adjacent neighborhoods. The procedure provides for review and evaluation of site development features and possible mitigation of unfavorable effects on surrounding property.

         i.   Administration. The Administrator, or his/her designee shall review, evaluate, and act on all site plans submitted pursuant to this procedure. An applicant may appeal a denial of any application to the Board of Adjustment.

         ii.   Applicability. All uses indicated as subject to Site Plan Review (*) in Subsection 165.05.14 Use Matrix are subject to the provisions of this Subsection, unless otherwise subject to a Conditional Use Permit procedure for specific zoning districts.

         iii.   Pre-Application Conference. Potential applicants are required to meet with the Administrator prior to application to discuss the proposal. The Administrator shall inform the applicant on the details of the site plan process.

         iv.   Application. An application for a Site Plan Review may be filed by the owner(s) of a property or the owners' authorized agent with the Administrator. The application shall include the following information:

            a.   Name and address of the applicant.

            b.   Owner, address, and legal description of the property.

            c.   A description of the nature and operating characteristics of the proposed use.

            d.   A site plan, drawn to a scale sufficient to permit adequate review and dimensioned as necessary, showing the following information:

               (i)   The date, scale, north point, title, name of owner, and name of person preparing the site plan.

               (ii)   The location and dimensions of boundary lines, easements, and required yards and setbacks of existing and proposed buildings and site improvements.

               (iii)   The location, size, and use of proposed and existing structures on the site.

               (iv)    The location of all proposed site improvements, including parking and loading areas, pedestrian and vehicular access, sewers, sidewalks, utilities, service areas, fencing, screening, landscaping, and lighting.

               (v)   Location of any major site feature, including drainage and contours at no greater than five foot intervals.

            e.   Any other information that may be required for review by the Administrator, or his/her designee, such as stormwater management plans, utility plans, landscaping plans, architectural elevations, and off-site improvements.

         v.   Decision. The Administrator, or his/her designee, after consultation with other applicable City staff, shall review and approve, approve with conditions, refer, or deny the site plan based on the criteria below and conformance with applicable regulations in this Zoning Ordinance. The Administrator, or his/her designee must act upon each complete application within thirty (30) days of filing. The decision shall be communicated to the applicant in writing along with any recommendations.

         vi.   Approval Criteria. The Administrator, or his/her designee (or the Board of Adjustment in cases of appeal), shall make the following findings before approval of the site plan:

            a.   Be designed to minimize impacts on the reasonable development expectations or the use and enjoyment of adjacent land or the public interest, consistent with the applicable standards of this Zoning Ordinance.

            b.   Include adequate circulation as to not overwhelm the existing off-site transportation system, create traffic hazards, and safe pedestrian access.

            c.   Protect public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, and flooding.

            d.   Provide for compatibility between the proposed development, surrounding land uses (existing or planned), and the natural environment.

            e.   Any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable effects.

            f.   The site plan conforms to this Zoning Ordinance and intent of the Comprehensive Plan.

         vii.   Referral. The Administrator may refer a site plan application to the Commission for their review and recommendation to the City Council, subject to the public hearing requirements in Subsection 165.03.04 A, General Procedures. The review of the Commission and Council shall be made based on the Approval Criteria in subsection vi above. A site plan review by the Commission and approval by Council shall also satisfy building permit approval for construction values of $1,000,000 or more according to Subsubsection 165.03.04D.iv, Building Permit. Referral may be required when, but not limited to:

            a.   Discretion is required as to the level of conformity of the site plan with the standards of this Zoning Ordinance and the policies and objectives of City plans.

            b.   The project is of such scale and intensity that that warrants additional public review or professional input and recommendations from other agencies or organizations.

            c.   This Zoning Ordinance specifically states a use requires review by that the Commission and/or City Council.

         viii.   Modifications. The Administrator, or his/her designee (or the Board of Adjustment in cases of appeal), may require modification of a site plan as a prerequisite for approval based on the criteria in Subsubsubsection 165.03.04.G.vi, Approval Criteria. Required modifications may be more restrictive than base district regulations and may include, but not be limited to,

            a.   Additional landscaping or screening;

            b.   Installation of erosion control measures;

            c.   Improvement of access or circulation;

            d.   Rearrangement of structures on the site; or

            e.   Other modifications deemed necessary by substantial evidence to protect the public health, safety, welfare, community character, property values, and/or aesthetics.

         ix.   Term. A Site Plan approval shall become void two (2) years after the date of approval, unless the applicant receives a Building Permit and diligently carries out development prior to the expiration of this period.

         x.   Modification. The Administrator, or his/her designee, may approve an application to modify a previously approved site plan if he/she determines that the modification does not affect findings related to the approval criteria.

         xi.   Revoking of Approval. The Administrator, or his/her designee may revoke a Site Plan approval if he/she determines that the development is not complying with the terms and conditions of the approval. Such revocation may be appealed to the Board of Adjustment.

         xii.   Effect of Approval. An approval pursuant to this Subsection shall run with the land until the expiration date of such approval. Upon approval the applicant may proceed with requests for other required approvals or permits.

         xiii.   Resubmittal. If the Administrator, Commission, or City Council deny a site plan application, a new application affecting the same property may be submitted only if substantial change is made in the plans.

      H.   Planned Unit Development. Application and procedures for Planning Unit Developments are listed in Subsection 165.06.16, Planned Unit Development

      I.   Conditional Use Permit. This section provides for review and discretionary Board of Adjustment approval for uses within zoning districts which have unusual site development or operating characteristics that could adversely affect surrounding properties. The provisions of this Subsection are applicable to all uses designated as conditional in Subsection 165.05.14, Use Matrix.

         i.   Administration. The Board of Adjustment shall review, evaluate and act upon all applications for a conditional use permit submitted pursuant to this Subsection.

         ii.   Pre-Application Conference. The applicant shall meet with the Administrator prior to application to discuss the proposal. The Administrator shall inform the applicant of the advisability of the conditional use permit application.

         iii.   Application Requirements. An application for a Conditional Use Permit may be filed with the Administrator by the owners of a property or the owners’ authorized agent. The application shall include the following information:

            a.   Name and address of the applicant.

            b.   Owner, address and legal description of the property.

            c.   A description of the nature and operating characteristics of the proposed use.

            d.   Any graphic information, including site plans, elevations, other drawings, or other materials determined by the Administrator to be necessary to describe the proposed use to approving agencies or required by other sections in this Zoning Ordinance.

         iv.   Public Hearing. The Administrator shall submit a report of the application to the Board of Adjustment and elect a reasonable time and place for such hearing; provided, however, that such time shall be within 30 days following the submission of the subject application, unless the applicant shall agree to some later time. The Administrator shall attempt to notify adjacent property owners within 200 feet of the property in question by mail prior to the Board of Adjustment meeting. Failure to notify 100 percent of all adjacent property owners shall not stop Board of Adjustment from considering the application request or acting on the application. The Board of Adjustment, after legal publication, notice, and public hearing according to Subsubsection 165.03.04.A, General Provisions shall act on the conditional use permit.

         v.   Criteria for Review. The Board of Adjustment shall review and act upon the request based on the following established criteria and conformance with applicable regulations in this Zoning Ordinance:

            a.   Will be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan and this Zoning Ordinance;

            b.   Will not have a substantial, undue, or adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare;

            c.   Will be constructed, arranged, or operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations;

            d.   Will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services;

            e.   Will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance;

            f.   Complies with all additional standards imposed on it by the provisions of the district in which such conditional use may be authorized.

         vi.   Scope of Board of Adjustment’s Approval. The Board of Adjustment may, at its discretion, apply a conditional use permit to a specific owner or applicant. The Board of Adjustment may establish special site development or operational regulations as a condition for approval of a conditional use permit. The Board of Adjustment shall not grant a conditional use permit for any home occupation/home-based business which is otherwise prohibited under this Zoning Ordinance.

         vii.   Decision. The final decision as to approve, approve with conditions, or deny a conditional use application lies with the Board of Adjustment by a concurring vote of a majority of all the members, whether present or not. Such decision may be appealed to District Court within 30 days. Failure of the Board of Adjustment to act within 30 days, or such period of time as may be agreed to by the applicant, shall be deemed a denial of the application.

         viii.   Lapse and Revocation of Permit. A conditional use permit shall become void 180 days after its effective date if the applicant has not carried out development or occupancy during that period, or sooner if so conditioned by the Board of Adjustment. The Board of Adjustment may revoke a conditional use permit should the operation of the use subject to such permit violate the conditions under which the permit was granted.

         ix.   Previously Approved Permits. Any conditional use approved under regulations in effect before the effective date of this Zoning Ordinance shall be considered to have a valid conditional use permit, subject to requirements imposed at the time of its approval.

      J.   Floodplain. Applications for development in the floodplain as determined by FEMA Flood Insurance Maps shall follow the procedure in Subsection 165.06.20, Floodplain Overlay District.

      K.   Map and Text Amendments. Amendments to the Official Zoning Map shall identify the area affected by legal description and identify the zoning district as the same existed and the new district designation applicable to said property. A certified copy of the amendatory ordinance, however, shall not repeal or reenact said map, but only amend it. A text amendment to this Zoning Ordinance to implement the Comprehensive Plan, conform to state or federal legal requirements, address changing or changed conditions, or otherwise advance the public health, safety, and welfare of the City of Dyersville.

         i.   Administration. The Council may from time to time, on its own motion or petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or text regulations, or restrictions established in this Zoning Ordinance. Any proposed amendments, supplement, change, modification, or repeal shall be filed with the City Clerk.

         ii.   Application. Such proposed amendment, supplement, modification or change shall be filed with the Administrator in such form and contain such information as shall be prescribed from time to time by the Administrator but shall, in all instances, contain at least the following:

            a.   The applicant's name, address, and interest in the subject property;

            b.   Owner, address, and legal description of the property (shall be verified with a certified copy of the last deed or document of record from the Dubuque or Delaware County Register of Deed’s Office);

            c.   A description of the reason for the rezoning application and the nature and operating characteristics of the proposed use; and

            d.   Any graphic information, including site plans, elevations, other drawings, or other materials determined by the Administrator to be necessary to describe the proposed use to approving agencies.

         iii.   Map Amendment Petition. When the proposed map amendment, supplement, modification, or change is by petition it shall be duly signed by the owners of fifty percent (50%) of all real estate included within the boundaries of the area petitioned for change and in addition, be duly signed by the owners of fifty percent (50%) of the area of all real estate lying outside of said tract, but within two hundred fifty (250) feet of the boundaries thereof, intervening streets and alleys not to be included in computing such two hundred fifty (250) feet. The Council shall refer the proposed amendment, supplement, change, modification or repeal to the Commission for its recommendations and report.

         iv.   Referral. The Administrator shall refer the application to the Commission and other affected public or private utilities by the Administrator within thirty (30) days following the submission of the application, unless the applicant shall agree to some later time.

         v.   Commission Public Hearing. The Commission, after legal publication, notice, and a public hearing according to Subsubsection 165.03.04.A, General Provisions. For a map amendment, the Administrator shall attempt to notify adjacent property owners within 200 feet of the property in question by mail prior to the Commission meeting. Failure to notify 100 percent of all adjacent property owners shall not stop the Commission from considering the application request or acting on the application.

         vi.   Commission Report. Following such public hearing, the Commission shall recommend action to approve, approve with conditions, or deny the application. A vote either for or against an amendment by a majority of all Commission members shall constitute a recommendation to the City Council. If the Commission makes no report within thirty (30) days from the hearing, unless requesting additional information from the applicant or Administrator, it shall be considered to have made a report approving the proposed amendment, supplement, or modification.

         vii.   City Council Public Hearing. After the recommendations and the report of the Commission have been filed, the Council shall before enacting any proposed amendment, supplement, change, modification, or repeal, hold a public hearing in relation thereto, after legal publication, notice, and a public hearing according to Subsubsection 165.03.04.A, General Provisions.

         viii.   Council Vote. Within thirty (30) days of the receipt of the report of the Commission, the Council shall approve, approve with conditions, or deny the application. If the Commission recommends against, or if a protest against such proposed amendment, supplement, change, modification, or repeal is presented in writing to the Clerk, duly signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or by the owners of twenty percent (20%) or more of the property which is located within two hundred (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 the members of the council.

         ix.   Renewal after Map Amendment Denial. Whenever a petition for an amendment, supplement, modification, or change of the zoning map herein contained, or subsequently established, shall have been denied by the Council, then no new petition covering the same property, or the same property and additional property, shall be filed with or considered by the Council until one year shall have elapsed from the date of the filing of the first petition.

         x.   Approval Criteria. The Commission may recommend approval, and City Council may grant the approval of a map or text amendment request if it is demonstrated that:

            a.   The proposed amendment is preferable to the existing zoning or text in terms of its likelihood of advancing the goals, objectives, and policies of the Comprehensive Plan or another adopted land use or area plan, including but not limited to redevelopment plans;

            b.   The proposed amendment is consistent with the future land use map of the Comprehensive Plan (a future land use map amendment may be processed concurrently with the zone change);

            c.   The proposed amendment is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other utilities, and the delivery of public services to the area in which the parcel proposed for a zone change is located;

            d.   The range of uses and the character of development that is allowed by the proposed amendment will be compatible with the properties in the immediate vicinity of the parcel proposed for a zone change, and the parcel proposed for a zone change has sufficient dimensions to accommodate reasonable development that complies with the requirements of this Zoning Ordinance, including parking and buffering requirements;

            e.   The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed rezoning to ensure an appropriate inventory of land to maintain a competitive land market that promote economic development; and

            f.   Is consistent with the stated purposes of this Zoning Ordinance.

      L.   Interpretations. The Administrator may render interpretations of any provision of this Zoning Ordinance, or any rule or regulation issued pursuant to it, including interpretations as to whether a use that is not listed is a subcategory of or substantially similar to an allowed, limited, or conditional use. All questions of interpretation and enforcement shall be first presented to the Administrator and shall be subsequently presented to the Board of Adjustment only on appeal from the decision of the Administrator.

         i.   Administration. The Administrator shall review, evaluate, and act upon all applications for interpretations submitted pursuant to this Subsection.

         ii.   Application. A request for interpretation of any provision of this Zoning Ordinance shall be submitted in writing to the Administrator. It shall set out the specific provision or provisions to be interpreted, the facts of the specific situation giving rise to the request for an interpretation, and the precise interpretation claimed by the applicant to be correct. Before the rendering of any interpretation, the Administrator may require further facts and information as are, in the Administrator’s judgment, necessary to a meaningful interpretation of the provision in question.

         iii.   Approval Criteria. The interpretation shall be based on the plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in Webster’s Third New International Dictionary or other current and authoritative dictionaries, including the context and intent of the applicable Ordinance section as related to the Comprehensive Plan.

         iv.   Decision. Within fifteen (15) working days following the receipt of a completed request or application for interpretation, the Administrator shall inform the applicant in writing of the interpretation. The Administrator may consult with the City Attorney or other officials, departments, or agencies in drafting the interpretation. The Administrator shall state the specific precedent, reasons, and analysis upon which such interpretation is based and shall be communicated to the applicant in writing. For use interpretations, the Administrator shall reference Subsection 165.05.12, Land Uses.

         v.   Record. The Administrator shall keep a record of all interpretations issued as a record of an interpretation of the subject Ordinance Subsection.

      M.   Appeals. Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, or board of the City affected by any decision of the Council, Commission, or Administrator.

         i.   Administration. The Board of Adjustment shall review, evaluate, and act upon all applications for appeals submitted pursuant to this Subsection.

         ii.   Application. An appeal shall be filed with the Administrator in such form and contain such information as shall be prescribed from time to time by the Administrator. An application for an appeal shall be taken within thirty (30) days after the action the applicant is appealing.

         iii.   Procedures. Such appeal application shall be taken within ten (10) working days of filing with the Administrator, and with the Board of Adjustment, a notice of appeal specifying the ground thereof. The Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken.

         iv.   Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Council certifies to the Board, after notice of appeal has been filed, that by reason of the facts stated in the certificate a stay would, in their opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board, or by a court of record on application on notice to the Council, and on due cause shown.

         v.   Public Hearing. The Administrator shall attempt to notify adjacent property owners within 200 feet of the property in question by mail prior to the Board of Adjustment meeting. Failure to notify 100 percent of all adjacent property owners shall not stop Board of Adjustment from considering the application request or acting on the application. The Board shall hold a public hearing after legal publication, notice, and a public hearing according to Subsubsection 165.03.04 A, General Procedures and act on the application.

         vi.   Board Vote. Within thirty (30) days following the close of the public hearing, the Board of Adjustment shall render a decision on the appeal based on the merits of the appeal based on their findings of fact and deliberations. Such decision may reverse, affirm, or modify, in whole or in part, the action from which the appeal is taken. Within seven (7) days of such decision, or the expiration of such period, notice of such decision or failure to act shall be mailed by the Administrator to all parties entitled to such notice. Decisions by the Board of Adjustments may be appealed to District Court.

         vii.   Approval Criteria. The criteria used by the Board of Adjustment in their decision may include such order or determination as, in the opinion of the Board of Adjustment, is proper to be made on the premises. To that end, the Board of Adjustment shall have the same powers and be subject to the same standards and limitations as the Administrator, or other City official, department, or agency, with respect to the action being appealed.

      N.   Variance. The variance procedure allows relief from the strict application of this Zoning Ordinance where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of enactment of the zoning regulations; or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, such strict application would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner of such property.

         i.   Administration. The Board of Adjustment shall only have the authority to grant variances from the zoning regulations not reviewed by other bodies. Examples not within the jurisdiction of the Board include, but are not limited to, building code variances, variances for non-conformities, variances to State and Federal law, and variances that would allow a use in a district which the use is prohibited.
         ii.   Application. An application for a variance may be filed by the owner of, or any other person having a contractual interest in, the subject property according to the procedures below. Applications for a variance shall be submitted to the Administrator. The application shall contain the following information:

            a.   The applicant’s name, address, and interest in the subject property;

            b.   The name and address of the owner, if different than the applicant, and the owner’s signed consent to the application filing;

            c.   The street address, common location, and legal description of the subject property;

            d.   The present use and zoning classification of the subject property;

            e.   A site plan, drawn to a scale on one or more sheets, illustrating existing structures and the proposed construction, reconstruction, remodeling, alteration or moving, and including dimensions of property lines, dimensions of building footprints, setback dimensions, building heights, and area of impervious surfaces;

            f.   A written statement and evidence supporting the nature and reason for the requested variance, referencing the approval criteria below in item 165.03.04.N.v; and

            g.   Other information and documentation as the Administrator may deem necessary and appropriate to a full and proper consideration and disposition of the application.

         iii.   Public Hearing. Upon receipt of a completed application, the Administrator shall refer it to the Board of Adjustment for hearing and decision. The Administrator shall attempt to notify adjacent property owners within 200 feet of the property in question by mail prior to the Board of Adjustment meeting. Failure to notify 100 percent of all adjacent property owners shall not stop Board of Adjustment from considering the application request or acting on the application. The Board shall hold a public hearing after legal publication, notice, and a public hearing according to Subsubsection 165.03.04.A, General Provisions and act on the application.

         iv.   Board Vote. The Board of Adjustment shall make findings that the requirements of this section have been met by the applicant for a variance.

            a.   In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with these regulations. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of these regulations and punishable under Section 165.12, Violations, Penalties, and Enforcement of these regulations.

            b.   Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of these regulations in the district involved, or any use expressly or by implication prohibited by the terms of these regulations in said district.

            c.   No non-conforming use of neighboring lands, structures, or buildings in the same district and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

            d.   Failure of the Board of Adjustment to act within thirty (30) days shall be deemed a denial of the variance.

            e.   The council may provide for its review of variances granted by the Board of Adjustment before their effective date. The Council may remand a decision to grant a variance to the Board of Adjustment for further study. The effective date of the variance is delayed for thirty (30) days from the date of the remand.

         v.   Approval Criteria. No such variance shall be authorized by the Board unless it finds that:

            a.   Strict application of the zoning ordinance will produce undue hardship and would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Ordinance;

            b.   Such hardship is not shared generally by other properties in the same zoning district and in the same vicinity;

            c.   The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance;

            d.   The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice. Failure to yield a reasonable return may be shown by proof that the owner has been deprived of all reasonable beneficial or productive use of the land in question. All beneficial use is said to have been lost where the land is not suitable for any use permitted by this Zoning Ordinance;

            e.   The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable a general regulation to be adopted as an amendment to this Zoning Ordinance; and

            f.   The granting of the variance will not cause substantial detriment to the public good and will not substantially impair the intent and purpose of any ordinance or resolution.

      O.   Sign Permit. A sign permit is required for all permitted signs as set out in Section 165.10, Sign Regulations.

         i.   Administration. The Administrator shall review, evaluate, and act upon all applications for a sign permit submitted pursuant to this Subsection.

         ii.   Application. The applicant shall submit a sign permit application to the Administrator, who first will review the proposed sign in relation to the dimensional, locational and numerical requirements of this section. An application for a sign permit shall be submitted with the following information:

            a.   The applicant’s name, address, and interest in the subject property;

            b.   The name and address of the owner, if different than the applicant, and the owner’s signed consent to the application filing;

            c.   The street address and common location of the subject property;

            d.   Drawings showing the location of the sign and location and sizes of all other existing signs on the same premises, including the property lines;

            e.   Information stating the dimensions, supports, sizes, materials, and type of the sign being proposed; and

            f.   Other information or documentation as the Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

         iii.   Administrator Action. Within thirty (30) days of sign permit application submittal, the Administrator shall act on the submittal by approving or denying the application. If the application is not acted upon by the Administrator within thirty (30) days, the application shall be deemed approved. If the application is denied, then the reasons for the denial shall be communicated to the applicant in writing along with any recommendations.

         iv.   Appeal. Any person or persons aggrieved by the decision of the Administrator to approve or disapprove a sign permit, as provided by this title, may appeal such decision to the Board of Adjustment as provided by Subsubsection 165.03.04.M, Appeals.