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Elk Run Heights City Zoning Code

165.18 ADMINISTRATIVE

PROVISIONS.

   1.   Zoning Commission Rules of Procedure. The City Planning and Zoning Commission, a public body, is subject to the terms, regulations, and restrictions of the Iowa Open Meeting Law, Chapter 28A of the Code of Iowa, as amended. Wherever in this Code of Ordinances a conflict appears between the ordinance and Open Meeting Law, the Open Meeting Law shall control.
   2.   Creation. The Planning and Zoning Commission of the City, as established under the applicable provisions of the Code of Iowa, is the Planning and Zoning Commission referred to in this chapter.
   3.   Membership. Said Planning and Zoning Commission shall consist of five members, citizens of the City, and who shall not hold any elective office in the municipal government, shall be appointed by the Mayor (subject to the approval of the City Council.) Members shall serve for a period of five years, with one appointment expiring each year. Vacancies shall be filled by appointments for unexpired terms only. Any reduction in present Commission membership shall be by attrition only and present members may continue to be reappointed.
   4.   Zoning Permit-Required. Zoning permits shall be required in accordance with the following, except that no permit shall be required for agricultural uses:
      A.   No land shall be occupied or used, and no building erected or structurally altered shall be occupied or used in whole or in part for any purpose until a permit is issued by the Zoning Administrative Officer, stating that the building and use comply with the provisions of this chapter.
      B.   No change of use shall be made in any building or part thereof, now or hereafter erected or structurally altered, unless such changes are in conformity with the provisions of this chapter and a permit is issued by the Zoning Administrative Officer.
      C.   Nothing in this section shall prevent the continuance of a nonconforming use as hereinbefore authorized, unless a discontinuance is necessary for the safety of life or property.
      D.   In accordance with this section, zoning permits shall be obtained from the Zoning Administrative Officer before starting or proceeding with the erection, construction, moving in, or the structural alteration of a building or structure. Zoning permits shall be issued to complying applicants within seven days after application is made, and appropriate records and copies of permits shall be maintained as a matter of public record;
      E.   A zoning permit shall become null and void six months after the date on which it is issued unless within such six-month period construction, building, moving, remodeling, or reconstruction of a structure is commenced or a use is commenced.
   5.   Zoning Permit – Application Procedure. Applicants for a zoning permit shall be required to provide the following:
      A.   A plat, in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon or used, the size, shape, and location of the building to be erected, the dimensions of the required yards, parking, and open spaces, and a vicinity map of the lot to be built upon or used.
      B.   Proof of compliance with standards for water supply and sewage disposal which conform with the regulations of the City.
      C.   Such other information as may be necessary to provide for the enforcement of this chapter.
      D.   Fees as required by the City.
   6.   Administrative Officer Appointment, Duties, and Compensation. The City Council shall appoint an administrative officer, and it shall be the duty of such officer to enforce this chapter. Such administrative officer may be a person holding other public office in the City or other governmental subdivision. The City Council is authorized to pay to the officer out of the general fund such compensation as it deems fit.
   7.   Violation – Notice. If the Zoning Administrator finds that any of the provisions of this chapter are being violated, the Administrator shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.
   8.   Violation – Abatement Procedures. 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 chapter, the City Council, in addition to other remedies, shall institute any proper action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.