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Grimes City Zoning Code

12-1 Administration

and Enforcement

12-1-1 Title:

This chapter shall be known and may be cited as “The City of Grimes, Iowa, Zoning Regulations.”

Effective on: 1/1/1901

12-1-2 Interpretation of Standards:

The purpose of this chapter is to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to regulate the use of land, and to promote the health, morals, safety and general welfare in the City. Furthermore, this chapter shall apply to all existing and future zoning chapters unless the language in those chapters imposes greater restrictions, then the provisions of that chapter shall apply.

Effective on: 1/1/1901

12-1-3 Violations and Penalties:

Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter, upon conviction shall be fined not more than one hundred dollars ($100.00) for each offense. Each day that a violation is permitted to exist constitutes a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. All departments, officials and employees of the City who are vested with the duty or authority to issue permits or licenses, shall issue no such permit or license for any use, structure or purpose if the same would not conform to the provisions of this chapter.

Effective on: 1/1/1901

12-1-4 Amendments:

The City Council may, from time to time, on its own action or on petition, after public notice and hearings as provided by law, and after report by the Planning and Zoning Commission, amend, supplement, or change the boundaries of regulations herein or subsequently established, and such amendment shall not become effective except by the favorable vote of a majority of all the members of the Council.

  1. 1.
    Filing of Petition. Whenever any person desires that any amendment or change be made in this chapter, including the text and/or map, as to any property covered by this chapter, and there shall be presented to the Council a petition requesting such change or amendment and clearly describing the property and its boundaries as to which the change or amendment is desired, duly signed by the owners of fifty percent (50%) of the area of all real estate included within the boundaries of said tract as described in said petition, and 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, it is the duty of the Council to vote upon such petition within a reasonable time after the filing of such petition with the Clerk.
  2. 2.
    Referral to Commission. Prior to voting or holding a public hearing upon the petition as submitted, the Council shall refer the petition to the Planning and Zoning Commission requesting its comments and recommendations. The Commission shall advise the Council of its recommendations and the vote thereon. Before advising the Council of its recommendation, the Commission may in its discretion hold a public hearing, notice of which shall be given by publication in a newspaper in general circulation in the City or by placing in the United States mail appropriate form of notice setting the time and place at which said petition shall be considered by the Commission.
  3. 3.
    Petition Disapproved. In case the proposed amendment, supplement or change be disapproved by the Planning and Zoning Commission, or a written protest be filed with the Clerk against the change, duly signed by the owners of twenty percent (20%) or more of the area of lots included in the 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 is proposed, the change shall not become effective except by the favorable vote of at least three-fourths (¾) of all members of the Council. Whenever any petition for amendment, supplement or change of the zoning districts or regulations 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 (1) year shall have elapsed from the date of filing of the first petition.
  4. 4.
    Filing Fees. Before any action shall be taken as provided in this section, the owner or owners of the property proposed or recommended to be changed in the district regulations or district boundaries shall pay to the Development Services Department a filing fee to cover the costs of the procedure. Under no conditions shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. The amount of the fee shall be determined in accordance with the City fee schedule as adopted by resolution from time to time by City Council. All additional costs incurred by the City for review of zoning amendment requests by the City Engineer and/or City Attorney shall be reimbursed in full amount to the City by the person who filed the petition or said person’s agent.

Effective on: 1/1/1901

12-1-5 Zoning Administrator:

There is hereby created the position of Zoning Administrator who shall be appointed by the Council. The Zoning Administrator shall administer and enforce the provisions of this chapter and shall have the following powers and duties, in connection therewith.

  1. 1.
    The Zoning Administrator shall issue all permits and certificates required by this chapter.
  2. 2.
    If the Zoning Administrator finds that any of the provisions of this chapter are being violated, the Zoning 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. The Zoning Administrator shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done. The Zoning Administrator shall direct the City Attorney, in addition to other remedies, to institute proper action or proceedings in the name of the City, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, or use, to restrain, correct or abate such violations, to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business, or use in or about the premises. The Zoning Administrator may also instruct the City Attorney, in addition to other remedies authorized by this chapter, to institute action under Section 12-1-3 of this chapter.

The Council, may, by resolutions passed by a majority vote of the entire Council, delegate the powers and duties of the office of Zoning Administrator to any other officer or employee of the City or may combine the powers and duties of this office with any other office or position.

Effective on: 1/1/1901