(Rep. by Ord. 14-4586, 6-3-2014)

   A.   Commission Established; Membership; Compensation: The planning and zoning commission consists of seven (7) members who shall be appointed by the mayor, subject to the provisions of the code of Iowa, as amended, and the approval of the city council. All members of the commission shall be qualified electors of the city of Iowa City. Commission members shall serve without compensation.

   B.   Purpose: In order to provide for the general welfare of the citizens of Iowa City, a planning and zoning commission is established to advise the city council on all matters pertaining to the physical development of Iowa City, including the comprehensive plan and any laws pertaining to land development necessary to implement the comprehensive plan.

   C.   Powers: The planning and zoning commission shall have the following powers, in addition to any other conferred by law:

      1.   Make such surveys, studies, maps, plans or plats of the whole or any portion of the city and of any land outside the city which, in the opinion of the commission, bears relation to the city's comprehensive plan. The commission shall submit such surveys, studies and plans to the city council along with its recommendations, and it may publish the same.

      2.   Make recommendations to the city council regarding planned developments and plats or replats of subdivisions in the city which show streets, alleys or other areas intended to be dedicated for public use.

      3.   Make recommendations for streets, parks, rights of way, boulevards, trafficways, or other public improvements or for the vacation thereof.

      4.   Carry on comprehensive studies of present conditions and future growth of the city in order to guide and achieve a coordinated and harmonious development of the city in accordance with the city's present and future needs to the end that the health, safety, order, convenience, prosperity and general welfare of the community may be best promoted.

      5.   Prepare a zoning ordinance regarding the height, number of stories and size of buildings and other structures, the percentage of ground that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location, design, and use of buildings, structures and land for commercial, industrial, residential or other purposes. To this end, the commission shall prepare a preliminary report regarding any proposed amendments to the zoning ordinance and hold public meetings thereon. After such meetings have been held, the commission shall also submit a final report and recommendations to the city council. The commission shall hold public meetings on and make recommendations to city council regarding repealing amendments to this title.

      6.   Conduct public hearings on and adopt a comprehensive plan and recommend to the city council, from time to time, as conditions require, amendments, supplements, changes or modifications to the comprehensive plan.

      7.   Do all things necessary or advisable in order to carry out the intent and purpose of this article and state law.

   D.   Commission Bylaws: The commission shall adopt bylaws to establish the time and place of meetings, the procedure for selecting a chairperson and vice chairperson, who shall act as chairperson when the chairperson is absent or abstaining, and a secretary and such other bylaws as are necessary to implement the provisions of this article. Copies of all bylaws shall be kept on file in the department of planning and community development and in the office of the city clerk. (Ord. 05-4186, 12-15-2005)

   A.   Board Established; Membership; Compensation: The Board of Adjustment shall consist of five (5) members appointed by the Mayor with the consent of the City Council for a term of five (5) years. Members shall be qualified electors of Iowa City. A majority of the members of the board shall be persons representing the public at large; a majority of the board shall not be involved in the business of purchasing or selling real estate. Board members shall serve without compensation.

   B.   Purpose: The purpose of the board is to provide relief from the requirements of this title when a variance is warranted, provide extra scrutiny in cases where special exceptions allowed by this title are requested, and provide an avenue for appeal of administrative decisions regarding the enforcement and implementation of this title. The decisions of the board should serve the public interest, meet the intent of this title, and be consistent with the Comprehensive Plan of the City, as amended.

   C.   Powers: The board shall have the following powers:

      1.   Appeals: To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the City Manager or designee in the enforcement of this title or of any ordinance adopted pursuant thereto.

      2.   Special Exceptions: To hear and decide applications for special exceptions to the terms of this title in accordance with the general and specific approval criteria set forth in this title and specifically in chapter 4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this title.

      3.   Variances: To authorize upon appeal in specific cases such variances from the terms of this title as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship and so the spirit of this title shall be observed and substantial justice done. No variance to the strict application of any provision of this title shall be granted by the board unless the applicant demonstrates that all of the approval criteria for variances set forth in chapter 4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this title have been met.

   D.   Procedural Rules: The board shall adopt rules to establish the time and place of meetings, the procedure for selecting a Chairperson and Vice Chairperson, who shall act as Chairperson when the Chairperson is absent or abstaining, and such other procedural rules as are necessary to implement the provisions of this article. Copies of all rules shall be kept on file in the Office of the board's Secretary and in the Office of the City Clerk. The Chairperson or, in the Chairperson's absence, the Acting Chairperson may administer oaths or compel the attendance of witnesses. (Ord. 05-4186, 12-15-2005)

   E.   Alternate Member: An alternate member, if available, shall be appointed as provided herein, to replace a member who is unable to participate in an appeal of an administrative decision due to a conflict of interest. Any person who has served as a member of the board within the five (5) years preceding the filing of the appeal, and who represents the public at large and is not involved in the business of purchasing or selling real estate, shall be qualified to serve as an alternate. When the member has recused himself/herself due to a conflict and the date of hearing before the board has been set, the Secretary of the board shall notify all such persons and the first to agree to serve as the alternate is hereby appointed to do so. (Ord. 18-4749, 5-1-2018)

   A.   Commission Established; Membership: The Historic Preservation Commission consists of at least seven (7) members who shall be appointed by the Mayor for terms of three (3) years, subject to the provisions of the Code of Iowa, as amended, and the approval of the City Council. All members of the commission shall be qualified electors of the City of Iowa City. At least one resident of each designated historic district shall be appointed to the commission. Other members shall be chosen at large from any part of the City and shall have some expertise in history, urban planning, architecture, archaeology, law, sociology or other closely related field, or shall demonstrate interest in the area of historic preservation. At least four (4) of the members shall hold appointments at large. Should the number of officially designated historic districts exceed three (3) in number, a new member shall be added to the commission for each new district in excess of three (3) districts. The new member shall be appointed by the City Council as soon as practicable after the official designation of the historic district triggering the operation of the preceding clause.

   B.   Purpose: The purpose of the Historic Preservation Commission is to:

      1.   Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement and perpetuation of historic districts and historic and cultural landmarks located in the City;

      2.   Safeguard the City's historic, aesthetic and cultural heritage by preserving districts, historic landmarks and properties of historical, architectural and cultural significance;

      3.   Stabilize and improve property values by conserving historic properties;

      4.   Foster civic pride in the legacy of beauty and achievements of the past;

      5.   Protect and enhance the City's attractions to tourists and visitors and thereby support and stimulate business;

      6.   Strengthen the economy of the City; and

      7.   Promote the use of districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the City.

   C.   Powers And Duties:

      1.   The commission shall be authorized to conduct studies for the identification and designation of "conservation districts", "historic districts" and "historic landmarks" meeting the definitions established by this title. The commission may proceed at its own initiative or upon a petition from any person, group or association.

      2.   The commission shall review and act upon all applications for certificates of appropriateness.

      3.   The commission shall further the efforts of historic preservation in the City by making recommendations to the City Council and City commissions and boards on preservation issues when appropriate, by encouraging the protection and enhancement of structures with historical, architectural or cultural value, and by encouraging persons and organizations to become involved in preservation activities.

   D.   Commission Bylaws: The commission shall adopt bylaws to establish the time and place of meetings, the procedure for selecting a Chairperson and Vice Chairperson, and such other bylaws as are necessary to implement the provisions of this article. The commission shall have the authority to adopt rules of procedure in connection with the approval or disapproval of certificates of appropriateness subject to approval of the City Council. Copies of all bylaws shall be kept on file in the Department of Planning and Community Development and in the Office of the City Clerk.

   E.   Secretary: The City Manager shall designate a person to serve as Secretary to the commission. The Secretary shall keep a record of all applications for certificates of appropriateness, resolutions, proceedings, and actions of the Historic Preservation Commission and may be authorized to make decisions regarding applications for minor historic reviews.

   F.   Design Review Subcommittee: The commission shall have the authority to establish a Historic Preservation Design Review Subcommittee to review and make recommendations to the commission regarding applications for certificates of appropriateness. Said subcommittee shall consist of three (3) members of the commission, appointed annually by the commission. (Ord. 05-4186, 12-15-2005)

   A.   Enforcement Officials: It is the duty of the city manager or designee to enforce this title. It is also the duty of all officers and employees of the city and especially all members of the police department to assist the city manager or designee by reporting any new construction, reconstruction, land uses or other seeming violations.

   B.   Appeals: Appeals from a decision of the city manager or designee in enforcing this title may be made to the board of adjustment as provided in chapter 8, article C, "Board Of Adjustment Approval Procedures", of this title. (Ord. 05-4186, 12-15-2005)

   A.   No permit, certificate, or approval shall be issued for regulated building activity that would create a violation of this title;

   B.   No permit, certificate, or approval shall be issued for a regulated building activity on a lot of record on which there is a violation of this title, except when the construction described in the permit application will eliminate the violation;

   C.   No authorization for utility connection shall be issued for premises on which there is a violation of this title; and

   D.   No permit, certificate, or approval shall be issued for an activity to occur on any lot of record on which there is a violation of this title or any other applicable title of this code or on which the conduct of such activity would constitute a violation of this title or any other applicable title of this code. (Ord. 05-4186, 12-15-2005)

   A.   Certificate Required:

      1.   No change in the use or occupancy of land, nor any change of use or occupancy in an existing building, other than for single- family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the city manager or designee. If a building permit has not been issued prior to the effective date hereof, every certificate of occupancy shall state that the new occupancy complies with all provisions of this title.

      2.   No permit for excavation, or for the installation or alteration of any building, shall be issued before an application has been made for a building permit, and no building or premises shall be occupied until a certificate of occupancy has been issued.

   B.   Certificate Of Occupancy For Nonconforming Uses: A certificate of occupancy may be obtained for nonconforming uses. An application for a certificate of occupancy for a nonconforming use shall be accompanied by an affidavit of proof that such nonconforming use was not established in violation of this title after July 26, 1962, and before the effective date hereof.

   C.   Temporary Certificate Of Occupancy: The building official may issue a temporary certificate of occupancy when a delay in the planting of required trees and landscaping is warranted, as allowed in chapter 5, article E, "Landscaping And Tree Standards", and chapter 5, article F, "Screening And Buffering Standards", of this title; or a delay in paving of parking and stacking spaces, drives or aisles is warranted, as provided in chapter 5, article A, "Off Street Parking And Loading Standards", of this title.

   D.   Records Kept: A record of all certificates of occupancy shall be kept on file in the office of the city manager or designee. (Ord. 05-4186, 12-15-2005)

The city manager or designee may revoke or modify any permit issued pursuant to the provisions of this title if any of the following occurs:

   A.   The grantee has not complied with the conditions of approval under which the permit was granted.

   B.   The permit was obtained by misrepresentation or fraud or was issued in error.

   C.   The use or activity authorized pursuant to the permit is subsequently determined to be a violation of an applicable statute, ordinance, law or regulation.

   D.   Suspension of work under the subject permit for six (6) months or more. (Ord. 05-4186, 12-15-2005)

   A.   Penalties:

      1.   The owner or manager of a building or premises in or upon which a violation of any provision of this title has been committed or exists or the lessee or tenant of a building or premises in or upon which violation has been committed or exists or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation exists or who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this title may be found guilty of a simple misdemeanor or municipal infraction or environmental infraction as provided for in title 1, chapter 4 of this code and shall be subject to the penalties specified in subsection 1-4-2D of this code, except for environmental infractions, which shall be subject to the penalty for same as specified in subsection 1-4-2B2 of this code, as amended. Each day that a violation occurs and/or is permitted to exist constitutes a separate offense, and civil and/or criminal penalties shall be computed accordingly. (Ord. 06-4245, 12-12-2006)

      2.   In case any building or structure is installed, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this title, the appropriate authorities of the city, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful installation, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation or to prevent the occupancy of said building, structure or land.

      3.   Any person who constructs, alters, relocates or demolishes any designated landmark or a building or structure in a historic or conservation district in violation of this title may be required to restore the subject building or structure to its appearance or setting prior to the violation as required and approved by the historic preservation commission. (Ord. 05-4186, 12-15-2005; amd. Ord. 07-4253, 2-20-2007)

   B.   Stop Work Order:

      1.   Whenever the building official finds any work regulated by this title being performed in a manner either contrary to the provisions of this title or dangerous or unsafe, the building official is authorized to issue a stop work order.

      2.   The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.

      3.   Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

   C.   Remedies Are Cumulative: Nothing in this article shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation of this title including, but not limited to, revocation of any permit, certificate, or approval, and shall not be held to prevent the enforced removal of prohibited conditions. Such remedies are deemed cumulative and not exclusive. (Ord. 05-4186, 12-15-2005)