A.   Application Forms And Fees:

      1.   Forms: Applications and submittal materials required under this title shall be submitted on forms and in such numbers as required by the city. Supporting materials must be submitted as specified on the application form.

      2.   Fees:

         a.   The applicable filing fee shall be paid at the time any appeal or application is filed;

         b.   Filing fees shall be established from time to time by resolution of the city council to defray the actual cost of processing the application; and

         c.   All required fees shall be made payable to "The City Of Iowa City".

         d.   No fee shall be charged for an appeal or application filed by any officer, department or board of the city or for any other governmental entity.

   B.   Determination Of Completeness:

      1.   The city will not process an incomplete application.

      2.   The start date for any applicable time limitations for the application under review will be the date when a complete application is submitted. (Ord. 05-4186, 12-15-2005)

   A.   Permit Required:

      1.   Prior to cutting any curb or establishing any driveway on any street in the city, an access permit must be obtained from the department of public works, unless exempted as set forth in chapter 5, article C, "Access Management Standards", of this title.

      2.   No access permit shall be issued unless all applicable requirements and standards of chapter 5, article C, "Access Management Standards", of this title.

   B.   Submittal Requirements:

      1.   The owner of property for which access is being requested shall file an application for an access permit with the department of public works on application forms provided by the city.

      2.   Supporting materials must be submitted as specified on the application form. A traffic study may be required for any request for access to an arterial street.

   C.   Approval Procedure:

      1.   Upon receipt of a complete application, the city engineer and the building official will jointly review said application for compliance with the provisions of chapter 5, article C, "Access Management Standards", of this title.

      2.   If access to an arterial street is requested, the city engineer and the building official will consult with the director of planning and community development or designee. Joint approval from all three (3) city officials or their designees is required prior to granting access to an arterial street.

      3.   Joint approval from the city engineer and the building official or their designees is required prior to granting access to a local or collector street.

      4.   Once it is determined that the standards of chapter 5, article C, "Access Management Standards", of this title will be met, and the requisite approvals have been obtained, the city engineer or designee will issue the access permit. (Ord. 05-4186, 12-15-2005)

   A.   Optional Preapplication Conference: Any person or persons intending to make application for design review may request a meeting with the design review committee or a representative of the design review committee to discuss basic intentions and plans before investing time in detailed designs. This step is optional but recommended for large or complex projects. The purpose of the preapplication conference is to discuss preliminary design plans, review applicable design guidelines, and ensure that the applicant is familiar with the review and approval procedures for design review.

   B.   Submittal Requirements:

      1.   The applicant must file an application for design review with the department of housing and inspection services on application forms provided by the city.

      2.   Supporting materials must be submitted as specified on the application form.

   C.   Approval Procedure:

      1.   Upon receipt of a complete application, the design review committee will review said application for compliance with the applicable standards and approval criteria as set forth in chapter 3, article C, "Design Review", of this title.

      2.   Within thirty (30) working days of the date a complete application is submitted to the city, the design review committee will approve, approve with modifications agreed to by the applicant, or disapprove the application.

      3.   If the committee does not act within the thirty (30) day time period and the applicant does not agree to an extension of time, the application will be deemed approved.

      4.   For level I design review applications, the committee's findings on each application shall be set forth in a written decision, which will be filed in the respective property file in the department of housing and inspection services. A copy of said decision will be mailed to the applicant at the time of filing.

      5.   For level II design review applications, the committee's findings on each application will be set forth in a written recommendation to the city council. The city council will, after receipt of the recommendation of the committee, or after the time of any extension thereof has passed for the committee to file their recommendation, make approval or rejection of the application. City council approval of the plans shall require a majority of votes cast at any meeting at which a quorum is present. The city council's findings on each application shall be set forth in a written resolution, to be filed in the office of the city clerk. A copy of said resolution will be mailed to the applicant at the time of filing. (Ord. 05-4186, 12-15-2005)

   A.   Permit Required: Prior to construction of any of the following types of fences or walls, a building permit must be obtained from the department of housing and inspection services:

      1.   Electric fences;

      2.   Barbed wire fences;

      3.   Any fence or wall over six feet (6') in height;

      4.   Any retaining wall over four feet (4') in height measured from the top of the footing to the top of the wall; and

      5.   A retaining wall of any height that supports a surcharge or impounds flammable liquids.

   B.   Submittal Requirements:

      1.   An application for a building permit must be filed with the department of housing and inspection services on application forms provided by the city.

      2.   Supporting materials must be submitted as specified on the application form. (Ord. 06-4245, 12-12-2006)

   C.   Approval Procedure:

      1.   Upon receipt of a complete application, the building official or designee will review said application for compliance with the standards and requirements for fences, walls, and hedges as set forth in chapter 4, article C, "Accessory Uses And Buildings", of this title.

      2.   The building official will issue the permit once it has been determined that all applicable provisions of chapter 4, article C, "Accessory Uses And Buildings", of this title have been met. (Ord. 05-4186, 12-15-2005)

   A.   Permit Required: A floodplain development permit issued by the building official shall be secured prior to initiation of any development on a tract of land within a flood hazard area.

   B.   Submittal Requirements: The building official may require the following information:

      1.   Description of the work to be covered by the permit.

      2.   Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will readily identify and locate the work to be done.

      3.   Indication of the use or occupancy for which the proposed work is intended.

      4.   Elevation of the flood hazard event. Where flood elevation data is not provided in the flood insurance study, the applicant shall contact the Iowa department of natural resources to obtain such data.

      5.   Elevation in relation to national geodetic vertical datum of the lowest floor, including basement, of buildings or of the level to which a building is to be floodproofed.

      6.   For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements.

      7.   Such other information as the building official deems reasonably necessary for the purpose of determining compliance with the requirements of chapter 5, article J, "Floodplain Management Standards", of this title.

   C.   Approval Procedure: The building official shall, within a reasonable time, make a determination as to whether the proposed floodplain development meets the applicable standards of chapter 5, article J, "Floodplain Management Standards", of this title, and shall approve or disapprove, in writing, the application. For disapprovals, the applicant will be informed, in writing, of the specific reasons why the application was disapproved. The building official shall not issue permits for variances, except as approved by the board of adjustment according to the approval criteria for such variances set forth in chapter 5, article J of this title. (Ord. 10-4414, 11-16-2010)

   A.   Permit Required: Prior to establishment of a type B home occupation, as defined in subsection 14-4C-2M, "Home Occupations", of this title, a home occupation permit must be obtained from the department of housing and inspection services.

   B.   Submittal Requirements:

      1.   An application for a home occupation permit must be filed with the department of housing and inspection services on application forms provided by the city.

      2.   Supporting materials must be submitted as specified on the application form.

   C.   Approval Procedure:

      1.   Upon receipt of a complete application, the building official or designee will review said application for compliance with the standards and requirements for home occupations as set forth in chapter 4, article C, "Accessory Uses And Buildings", of this title, and will issue the permit once it has been determined that said standards and requirements have been met.

      2.   The home occupation permit is effective for two (2) years. At the end of every two (2) years, it is the responsibility of the applicant to request a renewal of the permit. Renewal of the permit will be granted if the applicant is in compliance with the standards and requirements for home occupations as set forth in chapter 4, article C, "Accessory Uses And Buildings", of this title.

   D.   Revocation Of Permit: A home occupation permit may be revoked at any time for failure to comply with the provisions of this title. When a home occupation permit has been revoked, a new permit will not be issued to the applicant or other persons residing with the applicant for at least two (2) years. (Ord. 05-4186, 12-15-2005)

   A.   Submittal Requirements:

      1.   An application for a level I sensitive areas review must be filed with the department of housing and inspection services on application forms provided by the city.

      2.   All supporting materials, including a sensitive areas development plan, must be submitted as specified on the application form.

   B.   Review And Approval:

      1.   The application for a level I sensitive areas review will be reviewed and approved administratively. This application process may occur concurrently with an application for site plan review or subdivision review.

      2.   Approval of the sensitive areas development plan submitted with the application will be based on compliance with the applicable regulations and requirements of chapter 5, article I, "Sensitive Lands And Features", of this title. The sensitive areas development plan must delineate construction area limits and establish restrictions for current or future development activity within protected sensitive areas. Any such restrictions must be set forth in the legal papers approved as part of the plan.

   C.   Issuance Of Permits: Sensitive areas development plans approved under a level I sensitive areas review will be retained in the department of housing and inspection services, and permits will be issued only for structures and development activity conforming to the approved sensitive areas development plan. (Ord. 05-4186, 12-15-2005)

   A.   Submittal Requirements:

      1.   An application for a minor modification must be filed with the department of housing and inspection services on application forms provided by the city.

      2.   Supporting materials must be submitted as specified on the application form.

   B.   Approval Procedure:

      1.   Upon receipt of a complete minor modification application, an administrative hearing will be set.

      2.   Ten (10) days prior to the administrative hearing, written notice shall be sent to property owners within two hundred feet (200') of the exterior boundaries of the property.

      3.   Following the administrative hearing, the building official will approve, in whole or in part, the minor modification requested, with or without conditions, provided all approval criteria as set forth in section 14-4B-1, "Minor Modifications", of this title are met. The building official will issue a written decision listing the findings upon which the decision is based.

      4.   The applicant or property owner shall record the decision in the office of the county recorder. Evidence of such recording is required prior to issuance of a building permit.

   C.   Expiration: A minor modification must be exercised within one hundred eighty (180) days from the date of approval, or the minor modification shall become null and void.

   D.   Time Extensions: For good cause, the building official may grant time extensions not to exceed a total of twelve (12) months from the date of the decision. Prior to granting an extension, the building official will ensure that the minor modification complies with all current provisions of this title. (Ord. 05-4186, 12-15-2005)

   A.   Permit Required:

      1.   No sign requiring a permit in accordance with the requirements of chapter 5, article B, "Sign Regulations", of this title shall be installed, altered, moved, improved or converted without first obtaining a sign permit from the building official or designee. A permit is not required for incidental repairs or routine maintenance.

      2.   Certain types of signs are allowed without a permit, and such exemption from the sign permit requirements is clearly specified in chapter 5, article B, "Sign Regulations", of this title. A permit is required for any sign that is not specifically exempted from the permit requirements.

      3.   Only a person holding a valid sign installer's license issued by the city may obtain a permit to perform work pursuant to the regulations of chapter 5, article B, "Sign Regulations", of this title.

      4.   Every applicant, before being issued a sign permit, shall pay to the city such fee as shall be established by resolution of the city council. However, any person found to be installing, altering, moving, improving or converting any sign prior to the issuance of a permit or who has installed altered, moved, improved or converted a sign prior to the issuance of a permit shall be charged double the normal fee. The payment of such double fee shall not relieve any person from fully complying with the requirements of the applicable sign regulations in the execution of the work nor from any other penalties prescribed herein.

   B.   Submittal Requirements:

      1.   An application for a sign permit must be filed with the department of housing and inspection services on application forms provided by the city.

      2.   All supporting materials must be submitted as specified on the application form.

   C.   Approval Procedures:

      1.   Upon the filing of a complete application for a sign permit, the building official or designee shall, within a reasonable time, make a determination as to whether the proposed sign meets the applicable standards of chapter 5, article B, "Sign Regulations", of this title, and any other applicable laws and ordinances of the city, and shall approve or disapprove the application.

      2.   For proposed illuminated signs, the building official or designee will examine the plans and specifications for all wiring and connections to determine if they comply with the electrical code. No sign permit will be issued unless such compliance is ascertained.

   D.   Expiration Of Permit: If the work authorized under a sign permit has not been completed within six (6) months after date of issuance, said permit shall become null and void. (Ord. 05-4186, 12-15-2005)

   A.   Permit Required: Prior to establishing any temporary use, a temporary use permit must be secured from the building official or designee.

   B.   Submittal Requirements:

      1.   Application for a temporary use permit shall be submitted to the department of housing and inspection services upon a form provided by the city.

      2.   All supporting materials must be submitted as specified on the application form. The building official or designee may also request other data, plans, and information deemed necessary to determine compliance with the provisions of chapter 4, article D, "Temporary Uses", of this title.

   C.   Approval Procedure: Upon receipt of a complete application, the building official or designee shall approve, modify, condition, or deny the application within ten (10) working days after submittal based on compliance with the standards and approval criteria specified for such temporary use set forth in chapter 4, article D, "Temporary Uses", of this title. (Ord. 05-4186, 12-15-2005)

   A.   Applicability: A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a regulation, policy, practice, or procedure in Title 14 acts as a barrier to fair housing opportunities.

   B.   Submittal Requirements:

      1.   The applicant must file a written application for a reasonable accommodations request with the Department of Neighborhood and Development services on application forms provided by the City.

      2.   Supporting materials must be submitted as specified on the application form or as requested by staff to allow a full review of the request.

      3.   If an individual needs assistance in making the request for reasonable accommodation, the City will assist to ensure that the process is accessible. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection unless otherwise required by law.

   C.   Approval Procedure:

      1.   Upon receipt of a complete application, staff will review said application for compliance with the following approval criteria:

         a.   The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

         b.   The requested accommodation is necessary to make housing available for the use and enjoyment of an individual with disabilities protected under the fair housing laws;

         c.   The requested accommodation would not impose an undue financial or administrative burden on the jurisdiction; and

         d.   The requested accommodation would not require a fundamental alteration in the nature of the City's zoning program.

      2.   Within thirty (30) working days of the date a complete application is submitted to the City, the Director of Neighborhood and Development Services will approve, approve with modifications agreed to by the applicant, or disapprove the application consistent with fair housing laws.

      3.   If the Director does not act within thirty (30) working days and the applicant does not agree to an extension of time, the application will be deemed approved.

      4.   The Director's findings on each application shall be set forth in a written decision, which will be filed in the respective property file in the Department of Neighborhood and Development services. A copy of said decision will be sent to the applicant at the time of filing. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below.

   D.   Appeals:

      1.   Within thirty (30) days of the date of the reviewing authority's written decision, an applicant may appeal an adverse decision to the Board of Adjustment. Appeals from the adverse decision shall be made in writing pursuant to the procedures in Section 14-8C-3, "Appeals".

      2.   If an individual needs assistance in filing an appeal on an adverse decision, the City will assist to ensure that the appeals process is accessible. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection unless otherwise required by law.

      3.   In deciding such appeal, the Board of Adjustment shall consider the approval criteria in Section 14-8B-11C-1.

      4.   In exercising the above mentioned powers, the Board of Adjustment may, in conformity with the provisions of this article or ordinances adopted pursuant thereto, affirm, or upon finding error, reverse or modify, wholly or partly, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the Director.

      5.   Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available. (Ord. 23-4914, 11-6-2023)

The board of adjustment shall conduct public hearings and make decisions in accordance with the following requirements:

   A.   Public Meetings: All meetings shall be open to the public.

   B.   Public Notice: Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty (20) days nor less than seven (7) days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the appeal.

   C.   Record Of Proceedings: The board shall keep minutes of its proceedings, showing the vote of each member upon 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 secretary of the board and shall be a public record.

   D.   Written Decisions: The board shall render written decisions, including findings of fact and conclusions of law, which shall be filed with the city clerk and recorded in the office of the Johnson County recorder. A copy of said decision shall be provided to the applicant.

   E.   Orders; Lapse Of Approval: Unless otherwise determined by the board, all orders of the board shall expire six (6) months from the date the written decision is filed with the city clerk unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the board's decision, such as obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request and for good cause shown, the board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application.

   F.   Petition For Writ Of Certiorari: Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment under the provisions of this title or any taxpayer or any officer, department or board of the city may present to a court of record a petition for writ of certiorari, duly verified, within thirty (30) days of the filing of the decision in the office of the city clerk, setting forth that such board decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Ord. 05-4186, 12-15-2005)

   A.   Application Filing:

      1.   An application for a special exception or a variance must be filed with the city clerk on application forms provided by the city.

      2.   Supporting materials must be submitted as specified on the application form.

      3.   Monthly application deadlines for the board of adjustment are published in the department of planning and community development. The board of adjustment will review all complete applications received by the deadline at their regularly scheduled, monthly meeting.

      4.   The applicant bears the burden of proof and must support each of the approval criteria for the specific proposed exception or variance, as set forth in chapter 4, article B of this title, by a preponderance of the evidence.

   B.   Optional Preapplication Conference: Prior to application for a special exception or a variance, the applicant is encouraged to meet with the staff from the department of planning and community development to discuss basic intentions before investing time in detailed plans. The purpose of the preapplication conference is to review the applicable city standards and requirements and to ensure that the applicant is familiar with the review and approval procedures for a special exception.

   C.   Approval Procedures:

      1.   Once a complete application has been received, city staff shall review the application for compliance with the approval criteria applicable to the specific proposed exception or variance and issue a report and recommendation to the board of adjustment.

      2.   At a public hearing, the board shall review all applicable evidence presented regarding the proposed exception or variance.

      3.   The board of adjustment will approve, approve with conditions, or deny an application based on the facts presented in evidence. In order to approve a special exception or variance, the board must find that the specific proposed exception or variance meets the applicable approval criteria as set forth in chapter 4, article B of this title or as set forth elsewhere in this title.

      4.   In permitting a special exception or a variance, the board may impose appropriate conditions and safeguards, including, but not limited to, landscaping and screening, fencing, construction commencement and completion deadlines, lighting, operational controls, improved traffic circulation requirements, highway access restrictions, increased minimum setback requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of this title. (Ord. 05-4186, 12-15-2005)

   A.   Initiation Of Appeal:

      1.   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, any person aggrieved by such order, requirement, decision, or determination may appeal same to the board of adjustment.

      2.   Where it is alleged there is an 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, any officer, department or board of the city aggrieved by such order, requirement, decision or determination may appeal same to the board of adjustment.

   B.   Appeal Procedures:

      1.   The appellant must file a notice of appeal with the city clerk on forms provided by the city, specifying the grounds of the appeal. Such appeal must be submitted within a reasonable time from the date of the action appealed from as provided by the rules of the board. A duplicate copy of such notice shall be filed with the secretary of the board of adjustment.

      2.   The city manager or designee shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

      3.   At a public hearing, the board shall review all applicable evidence presented regarding the subject appeal.

      4.   In exercising the above mentioned powers, the board of adjustment may, in conformity with the provisions of this title or ordinances adopted pursuant thereto, affirm, or upon finding error, reverse or modify, wholly or partly, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officer from whom the appeal is taken.

   C.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, including, without limitation, the right of the permittee to proceed with development or other activities authorized under a building permit, the issuance of which is a subject of the appeal, unless the city manager or designee certifies to the board after the notice of appeal has been filed that, by reason of facts stated in the certificate, a stay would, in the city manager's or designee's opinion, cause imminent peril to life or property. In such case, proceedings or development shall not be stayed otherwise than by a restraining order, which may be granted by the board of adjustment or by a court of record and on notice to the city manager or designee for due cause shown. (Ord. 05-4186, 12-15-2005)

   A.   Authority: The board of adjustment may consider a special exception to avoid or resolve any alleged violation of the freedom of religion based rights afforded to any person under federal or state law caused by the enforcement of any regulation or requirement of this title.

   B.   Application And Submittal Requirements:

      1.   Any person or persons may submit an application to the board of adjustment for a special exception under the provisions of this section.

      2.   Such application must be submitted to the city clerk on application forms provided by the city for a special exception and must include the following additional information:

         a.   A statement specifying the particular regulation or requirement of this title to which the requested exception relates;

         b.   A description of the intended use of land or activity for which the exception is being sought;

         c.   Documented evidence of how the specified regulation or requirement allegedly violates the person's freedom of religion based rights afforded under federal or state law;

         d.   A description of how granting the exception would be in the public interest and not be contrary to health, safety and welfare considerations; and

         e.   Any additional information requested by the board of adjustment that will assist them in making a determination regarding the application.

   C.   Approval Criteria: In considering an exception from the requirements of this title under the provisions of this section, the board must find, based on the evidence presented, that all the following approval criteria are met. The general special exception approval criteria specified in section 14-4B-3, "Special Exceptions", of this title do not apply.

      1.   The exception is necessary to avoid or resolve a substantial burden on the freedom of religion based rights afforded to any person under federal or state law caused by the enforcement of a specific regulation or regulations of this title; and

      2.   The subject regulation or requirement under review does not constitute or further a compelling governmental interest; or alternatively, the subject regulation or requirement under review is not the least restrictive means for satisfying or achieving the governmental interest; and

      3.   The specific proposed exception will not be detrimental to or endanger the public health, safety, or general welfare; and

      4.   Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located.

   D.   Approval Procedure: Evidence shall be presented at a public hearing according to the approval procedures set forth for special exceptions in section 14-8C-2 of this article. (Ord. 05-4186, 12-15-2005)

   A.   Submittal Requirements:

      1.   Requests for annexation or severance must be filed with the city clerk on application forms provided by the city.

      2.   Supporting materials must be submitted as specified on the application form and as required by state law or state administrative rules. For annexation requests, the applicant must specify a desired zoning designation or zoning designations for the territory.

   B.   Optional Preapplication Conference: Any person or persons intending to request an annexation or severance is encouraged to meet with staff from the department of planning and community development to discuss basic intentions before investing time in detailed plans. The purpose of the preapplication conference is to discuss the purpose for the requested annexation or severance, review applicable comprehensive plan and district plan policies that might affect the intended request, and ensure that the applicant is familiar with the review and approval procedures for an annexation or severance.

   C.   Staff Review: Upon receipt thereof, the application will be reviewed for completeness by city staff, and upon verification of a complete application, staff will prepare a staff report and recommendation based on comprehensive plan policies, ability of the city or neighboring communities to provide services, and other appropriate policies and information. The staff report and recommendation will be forwarded to the planning and zoning commission for their review. There shall be no time limitation for review regarding a rezoning associated with annexation of territory.

   D.   Planning And Zoning Commission Review: The commission may recommend approval, approval with conditions, or denial of the requested annexation or severance. In a separate motion, the commission shall recommend approval, approval with conditions, or denial of the requested zoning designation of a parcel to be annexed. In the event the commission recommends approval of the annexation, but denial of the requested zoning designation, it shall make an additional recommendation as to what zoning designation it recommends.

   E.   City Council Public Hearing Notice Requirements:

      1.   The city council shall set and publish notice regarding a public hearing on the proposed annexation or severance following planning and zoning commission review. The city council shall also set a public hearing on the zoning designation of the property to be annexed. Notice of such hearings, and the time and place of such hearings must be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled city council meeting following the published notice.

      2.   Following planning and zoning commission review but prior to the city council public hearing, city staff shall complete the notification requirements to other units of government, utilities, owners of railway right of way, and others as prescribed by state law and state administrative rules.

      3.   In the event the public hearing on the annexation or severance is held before the notification requirements have been fulfilled, the public hearing on the annexation or severance shall be continued until said notification requirements are fulfilled.

   F.   City Council Review And Decision:

      1.   Following the public hearing, the city council will consider a resolution approving the proposed annexation or severance. In those instances when the city council has reached an informal consensus on a proposed annexation that is contrary to the recommendation of the planning and zoning commission, the city council will defer formal action on the matter until a discussion has taken place between the city council and the planning and zoning commission.

      2.   Following approval of a resolution approving annexation of territory, the city council will consider an ordinance approving a zoning designation for the annexed territory. In those instances when the city council has reached an informal consensus on the proposed zoning designation for property to be annexed that is contrary to the recommendation of the planning and zoning commission, the city council will defer formal action on the matter until a discussion has taken place between the city council and the planning and zoning commission.

   G.   State Review: Following approval of a severance or an annexation and associated zoning classification by the city council, the necessary documentation shall be forwarded to the state of Iowa city development board and to state officials as required by state code and state administrative rules. The annexation or severance shall be considered final once acknowledged by the secretary of state, and recorded with the office of the county recorder. (Ord. 05-4186, 12-15-2005)

   A.   Initiation Of Involuntary Annexation Or Severance: Whenever, after public hearing thereon, the city council determines that involuntary annexation or severance proceedings should be undertaken, the matter shall be referred to the planning and zoning commission for their review and recommendation.

   B.   Staff Review: Staff will prepare a report and recommendation regarding the proposed involuntary annexation or severance for the planning and zoning commission based on comprehensive plan policies, the public interest in annexing or severing said territory, recommendations regarding zoning designation of areas to be annexed, and other pertinent information. At a minimum, the report shall contain all of the information required by state code and state administrative rules.

   C.   Notification Requirements: Staff will notify all affected property owners, units of government, utilities, owners of railway right of way, and other parties as required by state code and state administrative rules.

   D.   Planning And Zoning Commission Review:

      1.   Once notification requirements are completed, the staff report and recommendation for the zoning of annexed territory shall be forwarded to the planning and zoning commission for their review and recommendation.

      2.   After discussion at a public meeting, the commission will recommend approval, approval with conditions, or denial of the involuntary annexation or severance. For annexations, the commission will also make a recommendation as to the zoning of said territory.

   E.   City Council Public Hearing:

      1.   Once the planning and zoning commission has completed their review, the city council shall set a public hearing on the proposed annexation and zoning, or severance. Notice of such hearing, and the time and place of such hearing must be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled city council meeting following the published notice.

      2.   After the public hearing, the city council will consider a resolution approving the annexation or severance.

      3.   Following approval of a resolution to annex territory, the city council will consider an ordinance approving a zoning designation for the annexed territory.

      4.   In those instances when the city council has reached an informal consensus on a proposed involuntary severance, annexation, or the proposed zoning designation for property to be annexed that is contrary to the recommendation of the planning and zoning commission, the city council will defer formal action on the matter until a discussion has taken place between the city council and the planning and zoning commission.

   F.   State Review:

      1.   Following approval of a resolution approving an involuntary annexation or involuntary severance, all necessary documentation will be forwarded to state officials and the state of Iowa city development board as required by state code and state administrative rules. state officials will then conduct a process as required in state code and state administrative rules to consider the involuntary annexation or severance request.

      2.   The involuntary annexation or severance request shall be considered final once approved by state officials, published according to state code requirements, and once proceedings of the process as required by state code are filed with the secretary of state, the city clerk, the state department of transportation, and recorded with the office of the county recorder. (Ord. 05-4186, 12-15-2005)

   A.   Authority:

      1.   The city council may, from time to time, on its own motion or on petition, amend by resolution the city's comprehensive plan, including any district plans or other amendments thereto. Any proposed amendment initiated by the city council shall first be submitted to the planning and zoning commission for its recommendation and report.

      2.   The planning and zoning commission may from time to time, on its own motion or on petition, recommend to the city council amendments to the city's comprehensive plan, including any district plans or other amendments thereto.

   B.   Optional Preapplication Conference: Any person intending to request an amendment to the city's comprehensive plan is encouraged to meet with staff from the department of planning and community development. The purpose of the preapplication conference is to discuss basic intentions, review the applicable comprehensive plan and district plan policies that might affect the intended request, and ensure that the applicant is familiar with the review and approval procedures for a comprehensive plan amendment.

   C.   Submittal Requirements: Unless the comprehensive plan amendment is initiated by the planning and zoning commission or the city council, the following application submittal procedures must be followed:

      1.   Applications for a comprehensive plan amendment must be filed with the city clerk on application forms provided by the department of planning and community development.

      2.   Supporting materials must be submitted as specified on the application form and must provide evidence that the approval criteria as set forth in subsection D of this section are met.

      3.   The city clerk shall forward said application to the department of planning and community development.

   D.   Approval Criteria: Applications for a comprehensive plan amendment must include evidence that the following approval criteria are met:

      1.   Circumstances have changed and/or additional information or factors have come to light such that the proposed amendment is in the public interest.

      2.   The proposed amendment will be compatible with other policies or provisions of the comprehensive plan, including any district plans or other amendments thereto.

   E.   Staff Review: After receipt of a complete application, the director of planning and community development or designee will forward a written report and recommendation to the planning and zoning commission.

   F.   Planning And Zoning Commission Review:

      1.   After receipt of a report and recommendation from city staff, the planning and zoning commission will schedule a public hearing. Notice of such hearing, and the time of place of such hearing will be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing.

      2.   Following the public hearing, the commission will consider a motion to recommend approval, modification, or denial of the proposed amendment. Not less than four (4) votes shall be required to recommend approval of an amendment to the comprehensive plan.

      3.   The commission will forward their report and recommendation to the city council for their review.

   G.   City Council Public Hearing:

      1.   After the recommendation and report of the planning and zoning commission have been filed, the city council shall, before enacting any amendment to the city's comprehensive plan, hold a public hearing in relation thereto. Notice of such hearing, and the time and place of such hearing must be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled city council meeting following the published notice. The city council may set such public hearing either before or after it submits the proposed amendment to the commission for its recommendation or during the period while the commission is considering such matter.

      2.   Following the public hearing, the city council will consider a resolution implementing the proposed comprehensive plan amendment. Any proposal for an amendment to the comprehensive plan that is counter to the recommendation of the planning and zoning commission shall not become effective except by a favorable vote of three-fourths (3/4) of the members of the city council. (Ord. 05-4186, 12-15-2005)

   A.   Initiation:

      1.   The city council may, on its own motion or on petition, designate by ordinance areas of the city as design review districts. Any proposed design review district initiated by the city council shall first be submitted to the planning and zoning commission for its recommendation and report.

      2.   The planning and zoning commission may, on its own motion or on petition, recommend to the city council areas of the city for designation as a design review district.

   B.   District Report: Once the proposal for a design review district is initiated by the city council or the planning and zoning commission, the commission will direct city staff to prepare a district report. The district report will include background information and recommendations regarding the proposed district, including the following:

      1.   A map defining the boundaries of the proposed district; and

      2.   A study of the characteristics of the proposed district, including zoning and existing land use, elements of the streetscape, property ownership patterns, and the architectural characteristics, physical condition, and age of buildings in the proposed district; and

      3.   A list of any proposed design guidelines for the district.

   C.   Approval Procedure: The process of designating an area as a design review district is considered a design review overlay rezoning and must therefore follow the procedures for a zoning map amendment (rezoning) as specified in section 14-8D-5 of this article. (Ord. 05-4186, 12-15-2005)

   A.   Initiation:

      1.   The city council may, from time to time, on its own motion or on petition, amend by ordinance the boundaries of zoning districts or the regulations or restrictions of this title. Any proposed amendment initiated by the city council shall first be submitted to the planning and zoning commission for its recommendation and report.

      2.   The planning and zoning commission may, from time to time, on its own motion or on petition, recommend to the city council amendments to this title or to the boundaries of zoning districts or to the zoning of particular tracts.

   B.   Optional Preapplication Conference: Any person intending to request a zoning map amendment or zoning code text amendment is encouraged to meet with staff from the department of planning and community development to discuss basic intentions before investing time in detailed plans. The purpose of the preapplication conference is to review the existing zoning, discuss the purpose for the requested amendment, review applicable comprehensive plan and district plan policies that might affect the intended request, and ensure that the applicant is familiar with the review and approval procedures for a zoning map or zoning code text amendment.

   C.   Submittal Requirements: Unless the zoning map or zoning code text amendment is initiated by the planning and zoning commission or the city council, the following application submittal procedures must be followed:

      1.   Applications for a zoning map or zoning code text amendment must be filed with the city clerk on application forms provided by the department of planning and community development.

      2.   Supporting materials must be submitted as specified on the application form and must include a statement from the applicant explaining the reasons and justification for the requested amendment.

      3.   The city clerk shall forward said application to the department of planning and community development.

   D.   Staff Review: After receipt of a complete application, the director of planning and community development or designee will forward a written report and recommendation to the planning and zoning commission.

   E.   Planning And Zoning Commission Review:

      1.   After receipt of a report and recommendation from city staff, the planning and zoning commission will schedule one or more public meetings to receive public comment regarding the proposed request. The commission will then make a recommendation for approval, approval with conditions, or denial to the city council.

      2.   If the planning and zoning commission makes no report within forty five (45) days from the date a complete application was received, it shall be considered to have made a report approving the proposed amendment.

      3.   Not less than four (4) votes shall be required to recommend approval of an amendment to this title or to the boundaries of zoning districts or to the zoning of a particular parcel of land.

   F.   City Council Public Hearing:

      1.   After the recommendation and report of the planning and zoning commission have been filed, the city council shall, before enacting any proposed amendment, hold a public hearing in relation thereto. Notice of such hearing, and the time and place of such hearing must be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled city council meeting following the published notice. The city council may set such public hearing either before or after it submits the proposed amendment to the commission for its recommendation or during the period while the commission is considering such matter.

      2.   Following the public hearing, the city council shall consider an ordinance implementing the proposed zoning map amendment or zoning code text amendment. In those instances when the city council has reached an informal consensus on a proposed zoning map amendment or zoning code text amendment that is contrary to the recommendation of the planning and zoning commission, the city council will defer formal action on the matter until a discussion has taken place between the city council and the planning and zoning commission. In such instances, if the planning and zoning commission declines the city council's offer to meet, formal action on the matter may commence forthwith.

   G.   Protests: If a protest against such amendment is presented in writing to the city clerk, duly signed and notarized by the owners of twenty percent (20%) or more of the area of the lots included within the area for which the amendment is proposed or by the owners of twenty percent (20%) or more of the property which is located within two hundred feet (200') of the exterior boundaries of the area for which the amendment is proposed, such amendment shall require the favorable vote of three-fourths (3/4) of the members of the city council for passage.

   H.   Effect On Development Activity:

      1.   Regulated Development Activity: When a proposed text or map amendment to this title would prohibit or be counter to a use, building, structure, portion of a building or structure, attachment to a building or structure, demolition of a building or structure or portion thereof, or any other type of development activity for which a permit or license is currently required, the setting of a city council public hearing on the amendment shall suspend the following for sixty (60) days:

         a.   Issuance of a permit or license for the establishment, conversion, or enlargement of any use that would be counter to or prohibited by the existing code or by the proposed amendment; and

         b.   Issuance of a permit or license for any land clearing, grading, construction, demolition, or other development activity that would be counter to or prohibited by the existing code or by the proposed amendment; and

         c.   Any issued permit or license for the establishment, conversion, or enlargement of any use, or for any land clearing, grading, construction, demolition, or other development activity that would be counter to or prohibited by the proposed amendment, if no substantial part of the permitted or licensed use or development activity has begun.

      2.   Currently Unregulated Development Activity: When a proposed text or map amendment to this title would prohibit or regulate a use, building, structure, portion of a building or structure, attachment to a building or structure, demolition of a building or structure or portion thereof, or any other type of development activity for which a permit is not currently required, the official publication of a notice of public hearing on the proposed amendment shall suspend for sixty (60) days the establishment, conversion or enlargement of any use, or commencement of any land clearing, grading, construction, demolition, or other development activity that would be counter to or prohibited by the proposed amendment, provided no substantial portion of the previously unregulated development activity has begun.

      3.   Subsequent To City Council Action:

         a.   If, within the sixty (60) day period, the city council enacts the proposed amendment, this title, as amended, shall apply. Any permit or license for a use or development activity counter to or prohibited by such amendment shall not be issued, or if already issued, shall be revoked, provided no substantial part of the permitted development activity has begun. Any required permit or license for a previously unregulated use or development activity must be obtained prior to continuation.

         b.   If, at any time in the sixty (60) day period, the city council rejects the proposed amendment or if, by the end of the sixty (60) day period, has not enacted or has rejected the proposed amendment, the suspension shall be terminated. Review of any suspended applications for a permit under the current title shall resume, uses or development activity may proceed under permits or licenses that have already been issued, and unregulated uses or development activity may proceed.

         c.   No already issued permit or license may be suspended under this subsection more than once, nor shall any property be subject to suspension under this subsection within twelve (12) months of a previous suspension applied to the same property under the same proposed amendment. Said twelve (12) month period will commence from the final day of the sixty (60) day suspension period. (Ord. 05-4186, 12-15-2005)

A level II sensitive areas review and its associated sensitive areas development plan is considered a type of planned development and as such, will be reviewed according to the approval procedures for a planned development overlay rezoning as set forth in section 14-8D-7 of this article. (Ord. 05-4186, 12-15-2005)

   A.   Optional Preapplication Conference: Any person intending to request an OPD rezoning is encouraged to meet with staff from the department of planning and community development to discuss basic intentions before investing time in detailed plans. The purpose of the preapplication conference is to review the existing zoning, discuss the purpose for the requested planned development, review applicable comprehensive plan policies, including any district plan policies that might affect the intended request, and ensure that the applicant is familiar with the review and approval procedures for a planned development overlay rezoning.

   B.   Submittal Requirements: Applications for an OPD rezoning must be filed with the city clerk on application forms provided by the department of planning and community development.

      1.   Preliminary Approval:

         a.   Supporting materials for preliminary approval of a planned development overlay rezoning must be submitted as specified on the application form and must include a preliminary OPD plan, a statement from the applicant listing the category or categories of planned development applied for, a list of all requested variations from the underlying zoning requirements or from city street standards, and a proposed time schedule for the completion of various phases of the development. The preliminary OPD plan may show a range of dimensions and need not have the specificity of the final plan.

         b.   A preliminary OPD plan for developments containing regulated sensitive features must be entitled "Preliminary Sensitive Areas Development Plan". Such sensitive areas development plans, in addition to illustrating all the applicable elements for a planned development, must delineate all regulated sensitive areas and associated buffers according to the applicable regulations contained in chapter 5, article I, "Sensitive Lands And Features", of this title and must delineate construction area limits and list all proposed restrictions for current or future development activity within protected sensitive areas.

      2.   Final Approval:

         a.   Supporting materials for the final OPD plan must be submitted as specified on the application form.

         b.   If the application is for a final sensitive areas development plan, the plan must establish restrictions for current or future development activity within protected sensitive areas. Any such restrictions must be set forth in the legal papers approved as part of the final plan.

   C.   Approval Procedures For Planned Development Overlay Rezoning: Approval of a planned development overlay rezoning shall be by ordinance in accordance with the following procedures. Approval of a rezoning to OPD shall constitute approval of the preliminary OPD plan or, if applicable, the preliminary sensitive areas development plan.

      1.   Staff Review: Upon receipt of a complete application, staff from the department of planning and community development will review the application for compliance with the applicable approval criteria as set forth in chapter 3, article A, "Planned Development Overlay Zone (OPD)", of this title. Staff will forward a report and recommendation to the planning and zoning commission for their consideration.

      2.   Planning And Zoning Commission Review:

         a.   After receipt of a report and recommendation from city staff, the planning and zoning commission will schedule one or more public meetings to receive public comment regarding the application. The commission will then make a written report of its findings to the city council with a recommendation for approval, approval with conditions, or denial of the planned development overlay rezoning. The report shall include findings with regard to the applicable approval criteria as set forth in chapter 3, article A, "Planned Development Overlay Zone (OPD)", of this title. If the planning and zoning commission makes no report within forty five (45) days from the date a complete application was received, it shall be considered to have made a report approving the proposed planned development overlay rezoning.

         b.   Not less than four (4) votes shall be required to recommend approval of a planned development overlay rezoning.

      3.   City Council Hearing:

         a.   After the recommendation and report of the planning and zoning commission have been filed, the city council shall, before approving any planned development overlay rezoning, hold a public hearing in relation thereto. Notice of such public hearing, and the time and place of such hearing, must be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled city council meeting following the published notice. The city council may set such public hearing either before or after it submits the proposed planned development overlay to the commission for its recommendation or during the period while the commission is considering such matter.

         b.   Following the public hearing, the city council shall consider an ordinance approving the proposed planned development overlay rezoning. In those instances when the city council has reached an informal consensus on a proposed planned development overlay rezoning that is contrary to the recommendation of the planning and zoning commission, the city council will defer formal action on the matter until a discussion has taken place between the city council and the planning and zoning commission. In such instances, if the planning and zoning commission declines the city council's offer to meet, formal action on the matter may commence forthwith.

      4.   Lapse Of Approval: A preliminary OPD plan or preliminary sensitive areas development plan shall be valid for no more than twenty four (24) months unless otherwise specified in the ordinance approving the OPD overlay zone. If no building permit has been issued for the development within the twenty four (24) month period, the area of land to which the OPD ordinance applies may be considered by the city for rezoning.

      5.   Protests And Effect On Development Activity: Since a planned development overlay rezoning is a type of zoning map amendment (rezoning), a planned development overlay rezoning is subject to the same provisions for protest and effect on development activity as for a zoning map amendment as set forth in subsections 14-8D-5G and H of this article.

   D.   Final OPD Plan Approval:

      1.   Administrative Review And Approval:

         a.   Approval of a final OPD plan or final sensitive areas development plan shall be by administrative review. Approval shall be based on compliance with an approved preliminary OPD plan or preliminary sensitive areas development plan. Such plan may be submitted concurrently with an application for site plan review or subdivision review.

         b.   Requests for minor changes from the approved preliminary OPD or sensitive areas development plan that do not constitute substantive changes, as described in subsection E of this section, may be approved administratively without further city council action.

         c.   Appropriate legal papers must be submitted and approved prior to approval of the final OPD plan or final sensitive areas development plan.

         d.   A final OPD plan or final sensitive areas development plan of only a portion of the area rezoned to OPD may be approved if:

            (1)   The plan of such subarea meets all requirements of a final OPD plan; and

            (2)   The final OPD plan or final sensitive areas development plan for the subarea complies with the approved preliminary plan; and

            (3)   The dwelling unit density in the subarea does not exceed the dwelling unit density approved under the preliminary plan for the specific area under review; and

            (4)   The subarea can function as an independent development with adequate vehicular and pedestrian access, services, utilities, open space, etc.; and

            (5)   The developer dedicates all public right of way necessary to support the subarea.

      2.   Issuance Of Permits:

         a.   The approved final OPD plan or final sensitive areas development plan for the entire development and/or any subareas shall be filed in the department of housing and inspection services, and permits will be issued only for structures and development activity conforming to the approved final OPD plan or final sensitive areas development plan, whichever is applicable.

         b.   Requests for minor changes to a final OPD or final sensitive areas development plan that do not constitute substantive changes, as described in subsection E of this section, may be approved administratively without further city council action.

         c.   If the underlying base zone is residential and commercial uses are approved as a part of the planned development, no building permit for a commercial use shall be issued until a minimum of twenty five percent (25%) of the housing units planned for the area or approved subarea have been completed, or unless twenty five percent (25%) of the housing units planned for the area or approved subarea will be built simultaneously.

   E.   Amending Approved OPD Plans Or Sensitive Areas Development Plans: Requests for substantive changes to an approved preliminary or final OPD or sensitive areas development plan may not be approved administratively, but must be submitted as an amendment to such a plan and will be reviewed according to the procedures for approval of a planned development overlay rezoning, as specified in this section. A substantive change is any significant change in the land uses, street locations, or character of the development from what is shown on the approved OPD plan or sensitive areas development plan or any variation from the underlying zoning requirements or street standards beyond the ranges approved on the preliminary OPD plan or preliminary sensitive areas development plan. (Ord. 05-4186, 12-15-2005)

   A.   Optional Preapplication Conference: Any person intending to apply for a vacation of public right of way is encouraged to meet with staff from the department of planning and community development to discuss basic intentions before investing time in detailed plans. The purpose of the preapplication conference is to review the proposed vacation and ensure that the applicant is familiar with the review and approval procedures for a vacation of public right of way.

   B.   Submittal Requirements:

      1.   An application for a vacation of public right of way must be filed with the city clerk on application forms provided by the department of planning and community development.

      2.   Supporting materials must be submitted as specified on the application form.

      3.   The city clerk shall forward said application to the department of planning and community development.

   C.   Staff Review:

      1.   The director of planning or designee will review the application with regard to the following factors:

         a.   Impact on pedestrian and vehicular access and circulation.

         b.   Impact on emergency and utility vehicle access and circulation.

         c.   Impact on access of adjacent private properties.

         d.   Desirability of right of way for access or circulation needs.

         e.   Location of utilities and other easements or restrictions on the property.

         f.   Any other relevant factors pertaining to the specific requested vacation.

      2.   Once information regarding utilities, adjacent property owners, and access issues has been collected and reviewed, the director of planning or designee will forward a written report and recommendation to the planning and zoning commission regarding the requested vacation.

   D.   Planning And Zoning Commission Review: After receipt of a report and recommendation from staff, the planning and zoning commission will schedule one or more public meetings to receive public comment regarding the proposed vacation request. The commission will consider the evidence presented in the application, in the staff report, and at the public discussion(s) and make a recommendation for approval or disapproval to the city council.

   E.   Purchase Offer: Unless the vacated right of way is to remain public property, the applicant must make a purchase offer for the area proposed to be vacated. The purchase offer should reflect the applicant's estimate of fair market value of the property. The estimate of the value of the property to be vacated should be based on the assessed and/or appraised value of adjacent or similar properties. Once a written purchase offer for the property is received, a public hearing before the city council will be scheduled.

   F.   Public Hearing On Vacation And Disposition:

      1.   After the recommendation and report of the planning and zoning commission have been filed, and a written purchase offer has been received from the applicant, the city council will hold a public hearing on an ordinance to vacate the subject right of way and on a resolution to dispose of the property to the applicant. Notice of such hearing, and the time and place of such hearing must be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled city council meeting following the published notice. The city council may set such public hearing before, after, or during the period when the planning and zoning commission is considering such matter.

      2.   If the city council approves the ordinance and resolution to vacate and dispose of the property, the office of the city attorney will complete the necessary documents to deed the property to the applicant and complete the transaction. (Ord. 05-4186, 12-15-2005)

   A.   Initiation:

      1.   The city council may, on its own motion or on petition, designate by ordinance areas of the city as historic or conservation districts or may designate by ordinance local historic landmarks. Any proposed historic landmark or historic or conservation district initiated by the city council must first be submitted to the historic preservation commission for its recommendation and report. Designating a historic district, conservation district, or local historic landmark is considered an overlay rezoning, and as such, must also, subsequent to consideration by the historic preservation commission, be submitted to the planning and zoning commission for its recommendation and report regarding the rezoning.

      2.   The historic preservation commission may, on its own motion or on petition, recommend to the city council areas of the city for designation as historic or conservation districts or properties for designation as local historic landmarks. Designating a historic district, conservation district, or local historic landmark is considered an overlay rezoning, and as such, must also be submitted to the planning and zoning commission for its recommendation and report regarding the rezoning.

   B.   Historic Landmark Applications:

      1.   Applications for a historic landmark designation must be filed in the department of planning and community development on application forms provided by the city. Supporting materials must be submitted as specified on the application form.

      2.   If the property has been registered on the National Register of Historic Places (NRHP), the NRHP registration form must accompany the application.

   C.   Historic Preservation Commission Public Hearing:

      1.   Upon receipt of an application for historic landmark designation or following initiation of a proposal to designate a historic or conservation district, the historic preservation commission will hold a public hearing on the proposal.

      2.   The historic preservation commission will give notice of the time, date, place and subject matter of such public hearing. Such notice shall be sent by ordinary mail, not less than seven (7) days before the date the hearing is held, to the owner of record of each property or property interest at the owner’s last known address as shown in the records of the Iowa City Assessor, not more than fourteen (14) days prior to the date of mailing. A change in ownership of any such property which is not reflected in the records of the Iowa City Assessor during the period those records are searched as above provided shall not affect the validity of the notice. An affidavit of mailing will be filed with the city clerk setting forth the date that notice was mailed and the names and addresses of all property owners notified pursuant to this subsection.

      3.   Following the public hearing, the historic preservation commission will consider a motion recommending approval of the proposed district or historic landmark.

      4.   Upon approval of the motion, the historic preservation commission will submit an application to rezone the proposed area to historic district overlay or conservation district overlay, whichever is applicable. For properties proposed as local historic landmarks, an application for a historic district overlay rezoning must be submitted.

   D.   State Historic Preservation Office Review: Following the public hearing before the historic preservation commission, any proposal regarding a local historic district will be submitted to the state historic preservation office (SHPO) for review and recommendations. The city will make any recommendations made by the state historic preservation office available to the public for viewing during normal business hours at a city government place of public access. Any proposals regarding conservation districts and/or local historic landmarks need not be submitted to SHPO.

   E.   Planning And Zoning Commission Review:

      1.   After receipt of the rezoning application and the report and recommendation of the historic preservation commission, the planning and zoning commission will schedule one or more public meetings to receive public comment regarding the proposed district.

      2.   The planning and zoning commission will review the proposed overlay rezoning based on its relation to the comprehensive plan, as amended, to the provisions of this title, and to any proposed public improvements and other plans for the renewal of the area involved. The planning and zoning commission will recommend approval, denial, or modification of the proposed historic district or conservation district overlay zone.

      3.   If the planning and zoning commission makes no report to the city council within forty five (45) days from the date the rezoning application was received, it shall be considered to have made a report approving the proposed rezoning.

      4.   A two-thirds (2/3) vote of the members of the commission present at the meeting, but not less than four (4) votes, shall be required in consideration of such a rezoning.

      5.   If the planning and zoning commission alters the area of the proposed district as approved by the historic preservation commission, the planning and zoning commission must submit a description of the altered proposed area or the petition describing the area to the state historic preservation office where required and the historic preservation commission for review and recommendations concerning the altered proposed district.

   F.   City Council Public Hearing:

      1.   After receiving the report and recommendation of the historic preservation commission and the planning and zoning commission regarding the proposed historic district or conservation district overlay zone, the city council shall, before enacting any proposed historic district or conservation district overlay zone, hold a public hearing in relation thereto. Notice of such hearing, and the time and place of such hearing must be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled city council meeting following the published notice. The city council may set such public hearing either before or after the proposed rezoning is submitted to the planning and zoning commission for its recommendation or during the period while the planning and zoning commission is considering such matter.

      2.   Following the public hearing, the city council shall consider an ordinance implementing the proposed historic district or conservation district overlay zone. The city council may approve or deny the ordinance or may refer the overlay zoning to the historic preservation commission for modification. Comments from the state historic preservation office must be received by the city council prior to approval, denial, or modification of the proposed rezoning.

      3.   If the city council refers the overlay zoning back to the historic preservation commission for modification, the commission will follow the procedures as set forth in this subsection and subsections C, D and E of this section, with the following exceptions:

         a.   Unless substantial modifications are proposed, the public hearing before the historic preservation commission may be waived.

         b.   Only property owners affected by the city council's proposed modification shall be notified by mail of the modification prior to action by the historic preservation commission.

   G.   Protests And Effect On Development Activity: Since a historic district or conservation district overlay rezoning is a type of zoning map amendment (rezoning), such an overlay rezoning is subject to the same provisions for protest and effect on development activity as for a zoning map amendment as set forth in subsections 14-8D-5G and H of this title. (Ord. 05-4186, 12-15-2005; amd. Ord. 22-4884, 8-2-2022)

   A.   Submittal Requirements:

      1.   Applications for historic review must be filed with the department of planning and community development on application forms provided by the city.

      2.   Supporting materials must be submitted as specified on the application form. (Ord. 05-4186, 12-15-2005)

   B.   Levels Of Historic Review:

      1.   Minor Review:

         a.   A minor review will be conducted if the change proposed in the application is of a type specifically defined and listed as eligible for minor review in the "Iowa City Historic Preservation Handbook", as amended.

         b.   Applications for minor review will be reviewed by a designated commission member or designated staff to the commission. Applications will be approved upon finding that the proposed change to the property will have no material effect on the historic character of the property or the historic or conservation district. Decisions may be appealed to and reviewed by the historic preservation commission, if so requested by the applicant. If there is evidence that the proposed change may have a material effect on the historic character of the property or historic or conservation district, the application for minor review will be deferred and will be forwarded for major review by the historic preservation commission.

         c.   A written report of the minor reviews processed shall be made to the commission at the next scheduled commission meeting.

      2.   Intermediate Review:

         a.   An intermediate review will be conducted if the change proposed in the application is of a type specifically defined and listed as eligible for intermediate review in the "Iowa City Historic Preservation Handbook", as amended.

         b.   Applications for intermediate review will be reviewed jointly by the designated commission staff and the historic preservation commission chair or the chair's designee. Decisions may be appealed to the historic preservation commission, if so requested by the applicant. If the designated commission staff or the historic preservation commission chair determines that an application warrants review by the full commission, said application will be forwarded for major review.

         c.   A written report of the intermediate reviews processed shall be made to the commission at the next scheduled commission meeting.

      3.   Major Review:

         a.   A major review will be conducted for applications that meet one or more of the following criteria:

            (1)   The application is for a specific change that does not qualify for minor or intermediate review; or

            (2)   The application is for minor or intermediate review and has been recommended for major review by the designated commission staff or the historic preservation commission chair; or

            (3)   An appeal of a decision regarding a minor or intermediate review.

         b.   Major reviews will be conducted by the historic preservation commission. Applications that are denied may be appealed to the city council if the property is a historic landmark or a property located within a historic district; or appealed to the board of adjustment if the property is located within a conservation district. (Ord. 10-4404, 9-7-2010)

   C.   Approval Procedure: Applications for historic review will be reviewed for compliance with the applicable approval criteria for historic review as set forth in chapter 3, article B, "Historic District And Conservation District Overlay", of this title. Historic review will result in one of the following outcomes:

      1.   If the proposed material change to the property will have no effect on any architecturally significant feature, or there will be no change in appearance to a landmark or property located within a historic or conservation district, a certificate of no material effect will be issued, signed by the chair of the historic preservation commission or designee and be transmitted along with the application to the building official and the city clerk.

      2.   If the application is approved or approved with modifications acceptable to the applicant, a certificate of appropriateness will be issued, signed by the chairperson or designee and be transmitted along with the application to the building official and the city clerk.

      3.   If the application is disapproved, the commission will issue a written decision setting forth the factual basis for the decision and the vote of each member participating therein. The decision will be issued, signed by the chairperson or designee, and be transmitted along with the application to the building official and the city clerk.

   D.   Appeals: Any person aggrieved by any decision of the commission regarding an application for historic review in a historic district or for a historic landmark may appeal the action to the city council. Any person aggrieved by any decision of the commission regarding an application for historic review in a conservation district may appeal the action to the board of adjustment. Procedures for such appeals are as follows:

      1.   Any appeal submitted by the applicant must be in writing and must be filed with the city clerk no later than ten (10) business days after the filing of the above mentioned decision. An appeal submitted by an aggrieved party, other than the applicant, must be in writing and must be filed with the city clerk no later than ten (10) business days after construction work pursuant to an approved certificate of appropriateness, certificate of no material effect, or certificate of economic hardship is observable from adjacent properties or the public right of way or ten (10) business days after an alleged violation of this article is similarly observable.

      2.   The city council or board of adjustment, as applicable, shall, within a reasonable time, hold a public hearing on the appeal, give the public notice as required by state law, as well as provide written notice to the applicant and to the appellant, if different from the applicant, and decide the appeal within a reasonable time.

      3.   In deciding such appeal, the city council or the board of adjustment, as applicable, shall consider whether the commission has exercised its powers and followed the guidelines established according to this title, and whether the commission's action was patently arbitrary or capricious.

      4.   In exercising the above mentioned powers, the city council or the board of adjustment, as applicable, may, in conformity with the provisions of this article or ordinances adopted pursuant thereto, affirm, or upon finding error, reverse or modify, wholly or partly, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the historic preservation commission. (Ord. 05-4186, 12-15-2005)

   A.   Initiation Of Review: After receiving written notification from the commission of the disapproval of a certificate of appropriateness, the owner of record may apply for a certificate of economic hardship. (Ord. 05-4186, 12-15-2005)

   B.   Submittal Requirements:

      1.   Applications for a certificate of economic hardship must be filed with the department of planning and community development.

      2.   The application shall consist of a letter and supporting materials that provide evidence of the approval criteria for a certificate of economic hardship as set forth in chapter 3, article B, "Historic District And Conservation District Overlay", of this title are met.

      3.   The owner must, in good faith, consult with the historic preservation commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Documentation of such effort must be presented to the commission. (Ord. 10-4404, 9-7-2010)

   C.   Approval Procedures:

      1.   The historic preservation commission will hold a public hearing on the application for the certificate of economic hardship within sixty (60) days following receipt of a complete application and all information requested by the commission.

      2.   The public hearing will result either in approval or denial of the application for a certificate of economic hardship. The commission will issue a written decision setting forth the factual basis for the decision and vote of each member participating therein. The written decision will be issued, signed by the chairperson or designee, and be transmitted along with the application to the building official and the city clerk. If the commission finds that unreasonable economic hardship exists, a certificate of economic hardship will be issued, specifying the material changes that are authorized thereto.

      3.   For the purpose of developing alternative solutions to the economic hardship, the historic preservation commission may consult with professional architects, engineers, contractors, realtors, appraisers or other consultants that have expertise in the rehabilitation, repair, maintenance and value of historic properties. If the commission chooses to use said consultation, the commission may delay issuing any certificate for a period of ninety (90) days. (Ord. 05-4186, 12-15-2005)