The regulations in the Zoning Code are made in accordance with the City’s Comprehensive Plan and designed to: preserve the availability of agricultural land; to consider the protection of soil from wind and water erosion; to encourage efficient urban development patterns; to lessen congestion in the streets; to secure safety from fire, flood, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to promote the conservation of energy resources; to promote reasonable access to solar energy; and to facilitate the adequate provision of transportation, water sewerage, schools, parks, and other public requirements.

The administration of the Zoning Code is vested in the following four offices of the City: Mayor and City Council; Board of Adjustment; Planning and Zoning Commission; and Zoning Administrator.

The Mayor and City Council shall discharge the following duties under the Zoning Code:

1.   Make following appointments (appointments shall be made by the Mayor, subject to approval by the City Council):

   A.   A Zoning Administrator, as provided for in Section 165B.04, whose responsibilities will be to enforce the provisions of the Zoning Code.

   B.   Members of the Planning and Zoning Commission as provided for in Chapter 22 of this Code of Ordinances.

   C.   Members of the Board of Adjustment, as provided for in Section 165B.05.

2.   Receive and decide upon all recommendations concerning amendments, supplements, and changes presented by the Planning and Zoning Commission.

3.   Receive from the Planning and Zoning Commission all recommendations on the effectiveness of the Zoning Code.

4.   To decide all matters upon which it is required to pass under the Zoning Code.

The Zoning Administrator shall enforce the Zoning Code and, in addition, shall:

1.   Issue all building permits and collect any fees.

2.   Process and review all applications for variances, special exceptions, and interpretation for referral to the Board of Adjustment.

3.   Respond to complaints of alleged zoning violations. If after response by the Zoning Administrator the complaint remains unresolved, the issue shall be referred by the Zoning Administrator to the Mayor and City Council for resolution.

4.   Provide applications and forms and maintain public information relative to all matters arising out of the Zoning Code.

5.   Process and review all applications for rezoning prior to consideration by the Planning and Zoning Commission.

6.   Review site plans for conformance with all City zoning regulations.

7.   Attend meetings of the Planning and Zoning Commission and the Board of Adjustment, as well as carry out duties that may be requested by both bodies.

The Board of Adjustment, as established under applicable provisions of the Code of Iowa, is the Board referred to in Chapters 165A through 165D of this Code of Ordinances.

1.   Appointment; Terms; Removal. The Board shall consist of five members, who are residents of the City, to be appointed by the Mayor and subject to approval by the Council for a term of five years except when the Board shall first be created, one member shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year. A majority of the members of the Board shall be persons representing the public at large.  The Board of Adjustment members shall not also be members of the Planning and Zoning Commission or be City staff, and members shall not hold an elective office in municipal government nor shall a majority of the members be involved in the business of purchasing or selling real estate. Members of the Board may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by the Mayor, subject to City Council approval, for the unexpired term of the member affected.

2.   Powers and Duties. The Board of Adjustment is hereby vested with the following powers and duties:

   A.   To hear and decide all applications for variances from the terms provided in the Zoning Code in the manner prescribed and subject to the standards herein.

   B.   To hear and decide all applications for special exceptions in the manner prescribed in the Zoning Code.

   C.   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of the Zoning Code. The Board shall also interpret the Official Zoning Map, if necessary.

3.   Meetings and Rules. The Board shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this section. Meetings shall be held at the call of the chairperson and at such other times as the Board may determine. The chairperson, or in his absence, the acting chairperson, may administer oaths and compel attendance of witnesses. All meetings shall be open to the public.

4.   Meeting Minutes and Records. The Board shall keep minutes of its proceedings, showing the vote of each member upon each agenda item requiring action, 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 public record and be filed in the offices of the Zoning Administrator and City Clerk.

5.   Voting. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to effect any variation in application of this title.

6.   Finality of Decisions of the Board of Adjustment. All decisions and findings of the Board of Adjustment on appeals applications, applications for variances, or applications for special exceptions, after a hearing, shall, in all instances, be the final administrative decisions and shall be subject to judicial review as is stated in the Code of Iowa.

The Board of Adjustment, after a public hearing, may determine and vary the Zoning Code in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Board of Adjustment makes written findings of fact in accordance with the standards hereinafter prescribed and further, finds that there are no practical difficulties or particular hardships in the way of carrying out the strict letter of the Zoning Code.

1.   Application for Variance. An application for a variance shall be filed in writing with the Zoning Administrator. Said application shall contain such information, and appropriate non-refundable fee, as the Board of Adjustment may, by rules, require.

2.   Hearing on Application. Upon receipt in proper form of the application referred to in Subsection 1, the Board of Adjustment shall hold at least one public hearing on the proposed variance. Notice of time and place of such hearing shall be published not less than seven days nor more than 20 days in advance of the public hearing in a newspaper of general circulation in the City. Property owners within 200 feet of the property for which the change is being requested shall be notified as a courtesy as well. Before an application is filed with the Board of Adjustment, the applicant shall pay a non-refundable fee to the City to cover the publishing and administration costs of said request, per the adopted fee schedule established in Section 165B.15.

3.   Standards for Variance. The Board of Adjustment shall not vary the regulations of the Zoning Code, as authorized in this section, unless there is evidence presented to it in each specific case that:

   A.   Special conditions and circumstances exist which are unique to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. Special conditions shall include but not be limited to a property owner who can show that their property was acquired in good faith and where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or where by reason of exceptional topographic conditions or other exceptional or extraordinary situations the strict application of the terms of the Zoning Code actually prohibits the use of the property in manner reasonably similar to that of other property in the district.

   B.   Literal interpretation of the provisions of the Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Zoning Code. In other words, an unnecessary hardship would result from literal enforcement of the Zoning Code.

   C.   Special conditions and circumstances do not result from the actions of the applicant.

   D.   Granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Code to other lands, structures, or buildings in the same district.

4.   Further Requirements.

   A.   The Board of Adjustment shall make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

   B.   The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of the Zoning Code and the Comprehensive Plan, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

   C.   In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this title and punishable under Section 165B.16.

   D.   Under no circumstances shall the Board of Adjustment grant a variance to allow for a use not permissible under the terms of the Zoning Code in the district involved, or any use expressly or by implication prohibited by the terms of the Zoning Code in the district.

   E.   If property lines cannot be determined through existing surveys or property markers, the request must be accompanied by a certified survey.

5.   Denial and Revocation of Variance.

   A.   Denial: No application for a variance that has been denied wholly or in part by the Board of Adjustment shall be resubmitted for a period of one year from the date of denial, except on the grounds of new evidence or proof of change of conditions that may be found to be valid by the Board of Adjustment.

   B.   Revocation: In any case where variance has not been established within one year after the date of granting thereof, the Board shall provide notice to the applicant that the approved variance may be revoked. Said notice shall offer the applicant an opportunity to be heard by the Board of Adjustment. The Board may, after this process, revoke or extend the approved variance.

The development and administration of this Zoning Code is based upon the division of the City into zoning districts, within said districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized that there are certain uses, because of their unique characteristics, which cannot be properly classified in any particular district or districts, without special consideration in each case, of the impact of those uses upon neighboring land and of the public need for the particular use that locations. Such special exceptions fall into two categories: (i) uses publicly operated or traditionally affected with a public interest; and (ii) uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

1.   Initiation of Special Exceptions. Any person having a freehold interest in land, a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest of an exclusive possessory interest, either of which is specifically enforceable, may file an application to use such land for one or more of the special exceptions provided for in the Zoning Code in the zoning district in which the land is located.

2.   Application for Special Exception. An application for a special exception shall be filed with the Zoning Administrator on a form as the Zoning Administrator shall prescribe.  The application shall be accompanied by an appropriate non-refundable fee and such plans and date prescribed by the Board of Adjustment and shall include a statement indicating the sections of the Zoning Code under which the special exception is sought and stating the grounds on which it is requested.

3.   Hearing on Application. Upon receipt in proper form of the application and statement referred to in Subsection 2, the Board of Adjustment shall hold at least one public hearing on the proposed special exception. Notice of time and place of such hearing shall be published not less than seven days nor more than 20 days in advance of the public hearing in a newspaper of general circulation in the City. Property owners within 200 feet of the property for which the exception is being requested shall be notified as a courtesy as well. Before an application is filed with the Board of Adjustment, the applicant shall pay a non-refundable fee to the City to cover the publishing and administration costs of said request, per the adopted fee schedule established in Section 165B.15.

4.   Authorization. For each application for a special exception the Zoning Administrator shall prepare and file with the Board of Adjustment findings and recommendations, including the recommended stipulations of additional conditions and guarantees that are deemed necessary for the protection of the public interest.

5.   Standards. No special exception shall be granted by the Board of Adjustment unless such Board shall find:

   A.   That the establishment, maintenance, or operation of the special exception will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;

   B.   That the special exception will not be injurious to the use and enjoyment of other property already permitted, nor substantially diminish and impair property values within the neighborhood;

   C.   That the establishment of special exceptions will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

   D.   That adequate utilities, access roads, drainage and necessary facilities have been or are being provided and that the request not impair an adequate supply of air or light to adjacent properties;

   E.   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; 

   F.   That the special exception shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Board of Adjustment; and

   G.   That the special exception shall be consistent with the Comprehensive Plan and the Zoning Code.

6.   Conditions and Guarantees. Prior to the granting of any special use, the Board of Adjustment shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special exception as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Subsection 5 above. In all cases in which special exceptions are granted, the Board of Adjustment shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, met.

7.   Denial and Revocation of Special Exception.

   A.   Denial: No application for a special exception that has been denied wholly or in part by the Board of Adjustment shall be resubmitted for a period of one year from the date of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Board of Adjustment.

   B.   Revocation: In any case where special exception has not been established within one year after the date of granting thereof, the Board shall provide notice to the applicant that the approved exception may be revoked. Said notice shall offer the applicant an opportunity to be heard by the Board of Adjustment. The Board may, after this process, revoke or extend the approved exception.

1.   Appeals.

   A.   Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board, or bureau of the City affected by a decision of the Zoning Administrator. Such appeal shall be taken to the Board within a reasonable time, as prescribed by the Board’s rules of procedure. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.

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

   C.   The Board shall hold one public hearing and shall give a reasonable time for the hearing on the appeal. Notice of time and place of such hearing shall be published not less than seven days nor more than 20 days in advance of the public hearing in a newspaper of general circulation in the City. Property owners within 200 feet of the property for which the exception is being requested shall be notified as a courtesy as well. Before an application is filed with the Board of Adjustment, the applicant shall pay a non-refundable fee to the City of Jesup to cover the publishing and administration costs of said request, per the adopted fee schedule established in Section 165B.15. In exercising the above-mentioned powers, the Board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination as it believes proper and to that end will have the powers of the Zoning Administrator. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter which it is required to pass under the Zoning Code, provided that the action of the Board shall not become effective until after the written decision or resolution of the Board, setting forth the full reason for its decision and the vote of each participating member, has been recorded in the minutes. Said written decision or resolution shall be filed in the office of the Zoning Administrator and shall be open to public inspection.

2.   Other Powers of the Board of Adjustment. The Board of Adjustment is hereby vested with the additional authority and jurisdiction to interpret the Official Zoning Map. Where the application of the rules for interpretation of district boundaries contained in Section 165A.09 leaves a reasonable doubt to the boundary between two zoning districts, the Board of Adjustment, after notice to the owners of the property and after public hearing, shall interpret the Official Zoning Map in such a way as to carry out the intent and purposes of the Zoning Code.

Any person or persons, or any board, taxpayer, department, or board or bureau of the City aggrieved by any decision of the Board of Adjustment may seek review by a court of record of said decision, in the manner provided by the laws of the State and particularly by the Code of Iowa.

The Zoning Code regulations, restrictions, and boundaries may from time to time, be amended, supplemented, changed, modified, or repealed by the City Council. No such amendments shall be made final without: (i) the applicant completing a rezoning application; (ii) holding a public hearing before the Planning and Zoning Commission, who shall thereafter send a recommendation to the City Council; and (iii) after a public hearing is held by the City Council and the proper amendment process is followed.

1.   The notice of the time and place of the hearings shall be published in a newspaper with general circulation in the City not less than seven days nor more than 20 days before either of the public hearings. In no case shall the City Council hearing be held earlier than the next regularly scheduled City Council meeting after the Planning and Zoning Commission hearing.

2.   In the case of a protest filed with the City Council against such change signed by the owners of 20 percent or more, either of the area of the lots included in such proposed change or of those immediately adjacent to, not to exceed 200 feet, such amendments shall not be passed except by the favorable vote of three-fourths of all members of the City Council.

3.   As part of an amendment to the Zoning Code, changing land from one zoning district to another zoning district, or as part of approving a site development plan, the City Council may impose conditions on a property owner which are in addition to existing regulations if the additional conditions have been agreed to in writing by the property owner before the public hearing required under this section or any adjournment of that hearing. The conditions must be reasonable and imposed to satisfy public needs that are directly caused by the requested change.

4.   Rezoning Application: An application for rezoning shall contain the following items:

   A.   The legal description and local address, if applicable, of the property to be rezoned.

   B.   The present zoning classification and the zoning classification requested for the property.

   C.   The existing use and proposed use of the property.

   D.   The names and addresses of the owners of all property within 200 feet of the property for which the change is requested.

   E.   A statement of the reasons why the applicant feels the present zoning classification is no longer valid.

   F.   A plat or sketch showing the locations, dimensions, and use of the applicant's property and all property within 200 feet thereof, including streets, alleys, railroads, and other physical features.

   G.   The property owner's signature.

5.   Fees. Before any action is taken upon an application as provided in this section, the applicant shall pay the Zoning Administrator a non-refundable fee, as established in Section 165B.15. The applicant shall pay this fee to the credit of the general revenue fund of the City. Failure to approve the change, by either the Planning and Zoning Commission or City Council, will not be construed as any reason for refunding the fee to the applicant.

The City will utilize the more restrictive of either the Zoning Code or the Building Code, as may be amended and adopted by the City, for building construction standards and certificates. No building or structure shall hereafter be erected, constructed, reconstructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate permit for each building or structure has first been obtained from the Building Official. Said permit and the application for the permit shall contain a plot plan showing the actual dimensions of the lot to be built upon, the size, shape, and location of the building or structure to be erected or affected, the name and address of the owner or owners of the involved lot, and such other information as may be necessary to provide for the enforcement of the Zoning Code. The application and permit shall be on forms prepared by the Building Official and approved by the Council. No permit shall be issued for any construction not in compliance with the Zoning Code. Any construction started without a permit shall be stopped immediately, and shall be subject to the remedies of Section 165B.16.

An applicant who is issued a building permit under the provisions of the Zoning Code is bound, by acceptance of the permit, to commence the construction for which the permit is issued within six months from and after the date of issue of said permit, and is bound to finish said construction within 12 months from and after said date of issue. Failure to commence construction within six months shall cause the permit to expire. A building permit issued under the provisions of this chapter shall be valid for a period of 12 months from and after the date of issue of said permit. Upon expiration of a permit, the holder shall make a new application for a new permit under the provisions of the Zoning Code and shall otherwise go through the same procedure as required for issuance of the original building permit. The fee for the second permit, as in the case of the original permit fee, shall be set by resolution by the City Council.

The following standards shall apply to all structures and all construction for which building permits are issued on or after the effective date of the ordinance codified by the Zoning Code chapters:

1.   All dwellings shall be affixed to a permanent foundation system in accordance with the Building Code standards.

2.   All structures shall comply with all requirements of the Zoning Code, including all requirements contained in the definitions of Section 165A.06 including, without limitation the definitions of “dwelling”, “fence”, and “screening”; all bulk requirements; and all other provisions of the Zoning Code.

No change in the use or occupancy of land, nor any change in use or occupancy in an existing building shall be made, nor shall any new building be occupied for any purpose or use until a certificate of occupancy, permanent or temporary, has been issued by the Building Official. Every certificate of occupancy, permanent or temporary, shall state that the new occupancy complies, or upon completion will comply, with the provisions of the Zoning Code. Temporary certificates of occupancy may be issued by the Building Official at his discretion. If a temporary certificate of occupancy is issued by the Building Official, it shall be valid for a period of six months unless extended by the Building Official after making a finding of extenuating circumstances.

The Zoning Administrator is instructed to issue permits upon proper applications under the Zoning Code, and charge a non-refundable fee as determined by the City Council and adopted by resolution. Applicable fees include, but are not limited to, the following.

1.   Rezoning.

2.   Variance.

3.   Special Exception.

4.   Appeals of Staff Interpretations and Decisions.

5.   Home Occupation and Home Industry.

6.   Building Permits, per the Building Code.

1.   Notice to Violators. If the Zoning Administrator finds that any provision of the Zoning Code is being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Building Official shall order: discontinuance of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by the Zoning Code or by this Code of Ordinances to insure compliance with, or to prevent violation of, its provisions.

2.   Responsibility. The owners or tenants of any building, structure, land, or part thereof and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation of the Zoning Code may each be charged with a separate offense and upon conviction suffer the penalties herein provided.

3.   City Remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of the Zoning Code, the City may, in addition to other remedies, institute an injunction, municipal infraction, mandamus, or other appropriate lawful action necessary to prevent, correct, or abate such violation. A violation of the Zoning Code shall be deemed a violation of this Code of Ordinances and, thus, a municipal infraction under Chapter 3 of this Code of Ordinances and punishable as such. Any construction started without a permit or which does not comply with the requirements of this Code of Ordinances shall be removed immediately. The City Council may, without limitation, provide for abatement of such infraction, pursue civil action in court, or prosecute such violation, such action to be prosecuted in the name of the City, or may pursue any combination of remedies. Each day that said violation is continued shall constitute a separate violation. Nothing in this section shall limit the remedies and enforcement powers of the City, which shall include injunctive relief.