1. A.
   City Council established in CHAPTER 17.
2. B.
   Planning and Zoning Commission established in CHAPTER 23.
3. C.
   Board of Adjustment established in Section 190.04.

1. A.
   Amendment, Text or Map
2. B.
   Annexation
3. C.
   Planned Unit Development (PUD)
4. D.
   Site Plan Review
5. E.
   Special Exception
6. F.
   Special Use Permit
7. G.
   Variance
8. H.
   Waiver of Requirements
9. I.
   Administrative Appeal

1. A.
   Land use applications for an individual property may be initiated by:

   1. 1.
      The owner of the subject property;
   2. 2.
      An agent authorized by the owner of the property that is the subject of the application, which may include a lessee of the property. Evidence of such authorization shall be the signature of the property owner; or
   3. 3.
      By petition, pursuant to the requirements of Section 190.05.
2. B.
   If the property subject to an application is under more than one (1) ownership, all owners or their authorized agents shall join in filing the application.
3. C.
   The City Council may initiate text and map amendments to this Ordinance. If the subject of the amendment is a specific site or project, the City Council may initiate amendments with or without application from the owner.

1. A.
   Each application for a permit or approval, or for an amendment of a permit or approval, shall include all application materials required to be submitted with the application.
2. B.
   A fee shall be submitted for each application as established by resolution of the City Council in the City’s fee schedule.
3. C.
   No application shall be deemed complete for processing until any required fee has been paid, and all required information contained on the appropriate checklist is provided.
4. D.
   Application fees are not refundable, except where the Zoning Administrator has determined that an application was accepted in error or when the fee paid exceeded the amount due, in which case the overpayment shall be refunded to the applicant.

1. A.
   Depending on the requirements of this Ordinance, multiple applications may be required.
2. B.
   City Staff shall determine the order of application review based on the City Code and state requirements. Where possible, applications will be reviewed in tandem.

1. A.
   Public hearings are required by this Chapter and shall be conducted pursuant to the rules established for each of the bodies, the Johnston City Code, and in compliance with state law.
2. B.
   The notice of time and place of the public hearing shall be published in the official newspaper of the municipality in accordance with State law prior to any public hearing.
3. C.
   The notice of time and place of the public hearing shall also be mailed to all property owners within the affected boundaries and all property owners within 250 feet of the boundaries thereof by ordinary mail. Intervening streets and alleys shall not be included in computing such 250 feet.

   1. 1.
      If a proposed amendment, change or alteration has a similar impact on all of the property within a zoning district, setback regulations, square footage requirement, accessory as uses, or other bulk regulations within a zoning district; or adds, deletes, or changes an entire zoning district, notice by publication, only, shall be required.
4. D.
   The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this provision has been made.
5. E.
   The applicant, or a representative thereof, should attend the public hearing in order to answer questions concerning the application.

1. A.
   Any request for withdrawal of an application shall be submitted in writing to the Zoning Administrator.
2. B.
   In all cases where the applicant has requested withdrawal of an application, the associated fee paid and any costs incurred by the City in the processing of an application shall not be refunded.

Whenever any petition or request for amendment, or change of the zoning districts shall have been denied by the City Council, then no new petition or request for the same zoning change covering the same property or the same property and additional property shall be filed with or considered by the City Council until one (1) year shall have elapsed from the date of filing of the first petition or request.

1. A.
   Zoning Certificate

   Upon request by the property owner, the Zoning Administrator may review the use of a property or site improvements for compliance with this Ordinance. If found to be in compliance, the Zoning Administrator may issue a zoning certificate for the property.

2. B.
   Certificate of Occupancy

   1. 1.
      No building or premises shall be occupied until a temporary or final certificate of occupancy has been issued, pursuant to the requirements of the City of Johnston Building Code.
   2. 2.
      No certificate of occupancy shall be issued unless the uses, buildings and site improvements conform to provisions of this Ordinance and other applicable codes of the City.
   3. 3.
      Application for building permits and certificates of occupancy shall be signed by the Building Official after confirming zoning compliance and conformity to the provisions of this Ordinance.
   4. 4.
      If weather conditions do not allow the completion of certain site improvements and their completion is not essential to the normal operation of the business, a temporary certificate of occupancy may, in the discretion of the Building Official, be issued for a period not to exceed six (6) months as long as a bond or other security acceptable to the Building Official is provided.
   5. 5.
      A temporary certificate of occupancy extension or the issuance of a temporary certificate of occupancy beyond that set forth in subsection 4 above may be issued only by the City Council as long as a bond or other security acceptable to the City Council is provided.

1. A.
   Applicability

   This review process applies to the following applications:

   1. 1.
      Special Exception
   2. 2.
      Special Use Permit
   3. 3.
      Variance
   4. 4.
      Appeals of Administrative Decisions
2. B.
   Review Process

   1. 1.
      Submittal. Any land use application which adheres to the Board of Adjustment review process as established herein shall be filed pursuant to Subsection 190.01.4 Application Materials and Fees.
   2. 2.
      Review.

      1. a.
         Application Distributed. The Zoning Administrator shall review the application and plans and refer them to City Staff and other applicable agencies for review.
      2. b.
         Public Hearing.

         The Board of Adjustment shall hold a public hearing in accordance with Subsection 190.01.8 Public Hearing.

      3. c.
         Decision.

         1. i.
            Following the public hearing, the Board of Adjustment shall review and approve, approve with conditions, or deny the application by majority vote of the entire Board.
         2. ii.
            The Board of Adjustment may hold the matter in abeyance if there is inadequate information.
         3. iii.
            The Board of Adjustment may attach any conditions to the granting of an application as it deems necessary to preserve the intent and purpose of this Ordinance and promote public health, safety, morals, and the general welfare.
         4. iv.
            The Board of Adjustment shall state, in writing, its findings for approval or denial as well as any conditions of approval.
         5. v.
            Following the decision by the Board of Adjustment, the Zoning Administrator shall notify the applicant of the Board’s action and reasons thereof.
      4. d.
         Recording.

         1. i.
            When conditions have been satisfied by the applicant, the applicant shall record a certified copy of any required approval documents, such as resolutions, permits, and agreements, with the Polk County Recorder’s Office for the subject property.
         2. ii.
            The applicant shall provide proof of recording to City Staff within 10 days of recording.
   3. 3.
      Expiration of Approvals.

      1. a.
         Within one (1) year of a Board of Adjustment decision pertaining to a special exception or special use permit application:

         1. i.
            A building permit shall be issued for the construction provided in the land use application; or
         2. ii.
            Any use authorized by the land use approval shall commence.
      2. b.
         If a building permit has not been issued or the use has not commenced within this timeframe, the land use approval shall become null and void.
   4. 4.
      Revocation.

      1. a.
         Failure to meet any of the requirements of this Section or any condition imposed by the Board of Adjustment is a violation of this Chapter.
      2. b.
         If the site improvements or use that was granted by the land use approval becomes a nuisance, exhibits a pattern of violating the conditions set forth in the permit, or exhibits a pattern of violation of the laws of the State of Iowa or ordinances of the City, the land use approval may be revoked.
      3. c.
         The Zoning Administrator, another official of the City, or an elected or appointed representative of the City may request that the Board of Adjustment consider revocation proceedings if they feel that the operation of the site or use is not in accordance with the conditions of approval or this Ordinance.
      4. d.
         The Board may consider such revocation at a public meeting following notice as prescribed in Subsection 190.01.8 Public Hearing. Such notice shall include the owner of record and the operator of the business.
      5. e.
         After hearing and action by the Board, if the land use approval is revoked, the use shall cease. If it is determined that the land use approval is invalid, the use shall cease. Its operation shall be considered a nuisance and subject to the penalties as established therefor.

1. A.
   Applicability

   This review process applies to the following application:

   1. 1.
      Site Plan Review
2. B.
   Review Process

   1. 1.
      Submittal.

      1. a.
         Submittal. Any land use application which adheres to the City Council review process as established herein shall be filed pursuant to Subsection 190.01.4 Application Materials and Fees.
      2. b.
         As part of the site plan review process, trip generation calculations for the site shall be submitted. Any project which contains 80 dwelling units or 1,000 average daily trips or more than 100 peak hour trips, as determined by the trip generation calculations shall submit a traffic analysis by a City chosen engineer which provides necessary information to determine the effect that the project will have upon the surrounding traffic and street network. At a minimum, the traffic analysis shall contain project trip generation, directional distribution of project trips, traffic assignment, and capacity analysis, including identification of congestion, turning-movement conflicts, and turn lane warrants per SUDAS, current City adopted edition.
   2. 2.
      Review.

      1. a.
         Application Distributed. The Zoning Administrator shall review the application and plans and refer them to City Staff and other applicable agencies for review.
      2. b.
         The City Council shall review the land use request.

         1. i.
            The applicant, or a representative thereof, should appear before the City Council in order to answer questions concerning the request.
      3. c.
         Decision.

         1. i.
            Following review, the City Council shall approve, approve with conditions, or deny the land use request by majority vote.
         2. ii.
            The City Council may hold the matter in abeyance if there is inadequate information.
         3. iii.
            The City Council may attach any conditions to the granting of a request as it deems necessary to preserve the intent and purpose of this Ordinance and promote public health, safety, morals, and the general welfare.
         4. iv.
            The City Council shall state, in writing, its findings for approval or denial as well as any conditions of approval.
         5. v.
            Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.

1. A.
   Applicability

   This review process applies to the following applications:

   1. 1.
      Amendment, text or map
   2. 2.
      Planned Unit Development (PUD)
   3. 3.
      Annexation
2. B.
   Review Process

   1. 1.
      Submittal.

      1. a.
         Any land use application which adheres to the City Council review process as established herein shall be filed pursuant to Subsection 190.01.4 Application Materials and Fees.
      2. b.
         Whenever an amendment to the Official Zoning Map is requested by a property owner, a petition describing the property and the change or amendment requested shall be presented to the Zoning Administrator.

         1. i.
            Said petition shall be duly signed by the owners of 50 percent of the area of all real estate included within the boundaries of said tract as described in said petition, and in addition, duly signed by the owners of 50 percent of the area of all real estate lying outside of said tract but within 250 feet of the boundaries thereof. Intervening streets and alleys shall not be included in computing such 250 feet.
         2. ii.
            In lieu of a petition, a property owner may submit a written request to the City Council to initiate the rezoning of the owner’s property.
   2. 2.
      Review

      1. a.
         Application Distributed. The Zoning Administrator shall review the application and plans and refer them to City Staff and other applicable agencies for review.
      2. b.
         Public Hearing

         1. i.
            The Planning and Zoning Commission and City Council shall hold public hearings in accordance with Subsection 190.01.8 Public Hearing.
         2. ii.
            Notice Requirement.

            In addition to the public notice procedures identified in Subsection 190.01.8 Public Hearing, the following shall apply:

            1. (a)
               For all rezonings of property by petition or owner’s request, the owner of the property shall be required to post a sign which is four (4) feet by eight (8) feet in size with letters of not less than six (6) inches in height stating notice of the rezoning, the zoning district designations proposed to be changed, and the telephone number of the Zoning Administrator.
            2. (b)
               A sign shall be placed on each public street right-of-way adjacent to the subject property. Said sign shall be located no more than 50 feet from the street right-of-way.
   3. 3.
      Decision

      1. a.
         The Planning and Zoning Commission shall hold a public hearing. Following the public hearing, the Planning and Zoning Commission shall review the application and recommend approval, conditional approval, or denial of the request and shall transmit the application along with its recommendations to the City Council.
      2. b.
         Following receipt of the Planning and Zoning Commission’s recommendation, the City Council shall hold a public hearing following the notice requirements listed above.
      3. c.
         The Planning and Zoning Commission or City Council may hold the matter in abeyance if there is inadequate information.
      4. d.
         Prior to the adoption of any ordinance or ordinance amendment, the City Council shall consider the change at three (3) consecutive meetings, unless such requirement is waived in accordance with the Iowa Code.
      5. e.
         The Council shall review and approve, approve conditionally, or deny the amendment application by majority vote.
      6. f.
         If the proposed amendment, supplement, or change is recommended for denial by the Planning and Zoning Commission or if a protest is presented duly signed by the owners of 20 percent or more of the area of the lots included in the proposed change or repeal, or by the owners of 20 percent or more of the property which is located within 200 feet of the exterior boundaries of the property for which the change or repeal is proposed, such amendment shall not become effective except by the favorable vote of at least three-fourths (3/4) of all members of the City Council.
      7. g.
         Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.
3. C.
   Publication

   The City Clerk shall ensure that any Zoning Code amendment is made in the City’s official code book and posted online as appropriate.

1. A.
   Applicability

   From time to time, the City Council may, upon request by the owner of a parcel of land, by petition, or on its own action:

   1. 1.
      Amend, change, or supplement the text of the regulations established by this Chapter; or
   2. 2.
      Change the district boundaries and classifications established by this Chapter and the Zoning Map incorporated herein, generally referred to as rezoning.
2. B.
   Applications for amendments to the Zoning Ordinance shall be reviewed by the City Council using the procedure identified in Subsection 190.02.4 Public Hearing and Review Process.
3. C.
   Public Notice Requirement.

   If the proposed amendment, change or alteration has a similar impact on all of the property within a district or adds, deletes, or changes an entire district, notice by publication, only, shall be required.

1. A.
   Applications for annexation shall be reviewed by the City Council following the procedure identified in Iowa Code Chapter 368 and Subsection 190.02.4 Public Hearing and Review Process.
2. B.
   At the time of annexation into the City, the City Council shall assign the property a zoning district in the resolution approving an annexation after considering the Comprehensive Plan and recommendations from the Planning and Zoning Commission. If the Council fails to assign a zone, then the property shall be designated as A-R Agricultural Reserve District.

1. A.
   Appeal of Administrative Decision

   1. 1.
      Any person aggrieved by an order, requirement, decision or determination of any officer, department, board, or commission of the City in the enforcement of this Ordinance may, within 30 calendar days thereof, appeal such action to the Board of Adjustment by filing with the Zoning Administrator an appeal specifying the grounds thereof in accordance with Subsection 190.03.3 Appeals of Decisions.
   2. 2.
      An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board in writing that a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Zoning Administrator and on due cause shown.
   3. 3.
      Following the filing of an appeal, the Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken.
   4. 4.
      Upon receipt of such an appeal, the Board of Adjustment or its designated representative shall establish a date, time and place for a public hearing on the appeal and shall cause the preparation, publication, posting and distribution of a public notice of said hearing in accordance with Subsection 190.01.8 Public Hearing.
   5. 5.
      The Board of Adjustment may modify, reverse or affirm, wholly or partly, the order, requirement, decision or determination appealed from. The concurring vote of four (4) 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 section.
   6. 6.
      The action of the Board shall not become effective until after the resolution of the Board, setting forth the full reason for its decision and vote of each member participating therein, has been filed. Such resolution, immediately following the Board’s decision, shall be filed in the office of the Board, recorded at the Office of the County Recorder, and shall be open to public inspection.
   7. 7.
      In considering administrative appeals, the Board of Adjustment shall not have the power to grant exceptions or variances to the requirements of this Chapter.

1. A.
   Applicability

   The establishment of a planned unit development (PUD) provides design flexibility to promote creative and efficient use of land. Planned unit development provisions are also intended to create public and private benefit by allowing improved site design; allowing developments on multiple lots to function as one coordinated site; facilitating protection of natural features; allowing flexibility for unique developments; and ensuring coordination of phased development.

2. B.
   Applications for a PUD Master Plan shall be reviewed by the City Council using the procedure identified in Subsection 190.02.4 Public Hearing and Review Process.

   1. 1.
      An application for approval of a Master PUD Plan shall also be deemed a petition for rezoning to the PUD Zoning District.
   2. 2.
      In conjunction with a PUD Master Plan, City Staff shall prepare rules, regulations and guidelines for the development of the PUD which shall be part of the consideration by the Planning and Zoning Commission and the City Council and incorporated within the ordinance providing for the rezoning of the property to a PUD.
3. C.
   Criteria for Review

   The City Council shall base its actions regarding a PUD Master Plan upon the following criteria:

   1. 1.
      Consistency of the PUD with the Comprehensive Plan’s vision, mission, values, and policies;
   2. 2.
      Compatibility of the PUD with the standards, purposes and intent of this Ordinance;
   3. 3.
      Ability of the PUD to provide one (1) or more of the following community benefits:

      1. a.
         Preservation or enhancement of desirable site characteristics, such as streams, wetlands, natural topography, and existing vegetation
      2. b.
         Elimination of blighted structures or incompatible uses through redevelopment or rehabilitation
      3. c.
         Provide unique or a variety of housing options to support the comprehensive plan
      4. d.
         Use of sustainable building practices that exceed building and site design standards found in a typical development
      5. e.
         Use of innovative materials and techniques to minimize stormwater run-off and enhance water quality;
   4. 4.
      The adequacy of internal site organization, building types, architecture, circulation, parking facilities, public facilities, recreational areas, open spaces, sidewalks, trails, buffering and landscaping;
   5. 5.
      General relationship to surrounding area; and
   6. 6.
      The property shall be five (5) acres in size or larger.
   7. 7.
      Other factors as the City deems relevant to protect the health, safety, and welfare of the public.
4. D.
   Effect of PUD Master Plan Decision

   1. 1.
      Approval of the PUD Master Plan by the City Council shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan.
   2. 2.
      The PUD Master Plan shall be conditioned upon approval of subsequent site plan or platting applications as may be necessary and shall not make permissible any of the uses as proposed until a site plan or final plat is submitted and approved for all or a portion of the PUD Master Plan.
5. E.
   Amendment to a PUD

   1. 1.
      Modifications to approved PUD Master Plans shall be processed as either a major or minor amendment.
   2. 2.
      Any major amendment to a PUD Master Plan shall follow the amendment process as specified in Subsection 190.03.1 Amendment, Text or Map.
   3. 3.
      Any minor amendment to a PUD Master Plan shall follow the site plan review procedure as specified in Subsection 190.03.5 Site Plan Review.
   4. 4.
      Minor amendments:

      1. a.
         Must be in substantial conformance with the approved PUD Master Plan.
      2. b.
         May never represent a change in allowable use.
      3. c.
         May not increase the permitted density or intensity of the PUD Master Plan by more than a cumulative total of five (5) percent. A change in density or intensity is to be measured by comparing the square footage of buildings, the number of parking spaces, the number of vehicle trip ends generated by the uses proposed or such other indices as appropriate to evaluate the magnitude of change.

1. A.
   Applicability

   To assure that all uses except for single-unit and two-unit uses on existing platted lots in the City are developed and accomplished in a manner conforming to the requirements, standards, and regulations of this Ordinance, the requirement for the submittal of site plans shall apply to any proposed development of property.

2. B.
   Review Process

   1. 1.
      Site plans which do not generate substantial impacts or which allow minor adjustments or modifications to previously approved site plans as described below may be reviewed administratively.
   2. 2.
      Site plans which exceed the prescribed limitations for administrative review outlined above shall be reviewed by the Planning and Zoning Commission and the City Council using the procedure identified in Subsection 190.02.3 City Council Review Process.
3. C.
   Administrative Review

   1. 1.
      The Zoning Administrator shall have the discretion to refer any administrative review request to the Planning and Zoning Commission and City Council for its review and action.
   2. 2.
      Nothing contained herein shall be construed to allow the Zoning Administrator to vary the provisions of any statute, Ordinance, City policy, or previous directives of the City Council.
   3. 3.
      Criteria for Review

      Site plan approval shall only be granted when the Zoning Administrator determines that the following criteria are met:

      1. a.
         That the proposed development or use is consistent with the Johnston Comprehensive Plan.
      2. b.
         That the proposed development or use is compatible with property uses within the zone and general area.
      3. c.
         That all applicable standards and conditions have been imposed which protect the public health, safety, and welfare.
      4. d.
         That there is adequate on site and off site public infrastructure to support the proposed development.
      5. e.
         That the proposed development or use has met all the requirements contained in this code.
4. D.
   City Council Review

   1. 1.
      Prior to City Council review of the site plan request, the Planning and Zoning Commission shall review the application, recommend approval, conditional approval, or denial of the request, and shall transmit the application along with its recommendations to the City Council.
   2. 2.
      Following receipt of the Commission’s recommendation, the Council shall review the request in accordance with Subsection 190.02.3 City Council Review Process.
   3. 3.
      Criteria for Review

      Site plan approval shall only be granted when the City Council determines that the following criteria are met:

      1. a.
         All proposed developments for which site plans are required shall conform to the Comprehensive Plan of the City, the provisions of this Zoning Ordinance, the Subdivision Ordinance of the City, if applicable, and all other applicable City ordinances and statutes and regulations of the State of Iowa.
      2. b.
         The proposed development shall not unduly increase the public danger of fire or diminish the public safety, and shall be designed to adequately safeguard the health, safety, and general welfare of the public and of persons residing and working in the development and in the adjoining or surrounding property.
      3. c.
         The proposed development and all structures therein shall be designed as required by CHAPTER 185 ARCHITECTURAL STANDARDS, and in such a manner as to create a quality environment and to such end shall be architecturally and aesthetically harmonious and attractive.
      4. d.
         The proposed development is designed with a proper regard to topography, surface drainage, natural drains and streams, wooded area, and other natural features which will lend themselves to proper, harmonious and attractive development of the site.
      5. e.
         The proposed development is designed with adequate water mains, provisions for sanitary sewerage facilities, storm sewer management facilities and flood control, in accordance with the ordinances and regulations of the City and statutes and regulations of the State of Iowa, and good engineering practice to protect the public health and welfare and not overload any existing public utilities.
      6. f.
         Buffers, screen fences, and landscaping for the site are designed, and the buildings and improvements located, in such a manner as to not unduly diminish or impair the use and enjoyment of adjoining or surrounding property. The proposed development considers, among other items and concerns, the adverse effects of automobile headlights, illumination of perimeters or separate yards or parking lots, the attenuation of noise, the appearance of refuse; and an adequate supply of light and air.
5. E.
   Effect of Decision

   No building permit for any structure for which a site plan is required shall be issued until the site plan has been approved as provided herein.

6. F.
   Waiver of Requirements

   Applications for a waiver of site plan requirements, where permitted within this Ordinance, shall be reviewed by the City Council using the procedure identified in Subsection 190.02.3 City Council Review Process.

7. G.
   Adjustments and Amendments to Approved Site Plans

   1. 1.
      The Zoning Administrator may grant an administrative approval for an adjustment to an approved site plan. The adjustment may govern only the following measurable design/site considerations, which in no case would result in a reduction from any minimum standard outlined in this Zoning Ordinance or the previous directives of the City Council. Administrative review requests shall include:

      1. a.
         Location, height, and style of walls, fences, and structures;
      2. b.
         Reconfiguration of architectural features, including colors, and/or modifications of finished materials that do not alter or compromise the previously approved theme;
      3. c.
         Lighting location and fixture type;
      4. d.
         Location of trash enclosures;
      5. e.
         Location and construction of onsite sidewalks;
      6. f.
         Location, type, and size of plantings, provided the modification would have the same effective cover and screening;
      7. g.
         Minor relocation or addition of driveways or parking spaces.
   2. 2.
      An approved site plan on file with the City may be amended with respect to location, size, design and conformity of buildings and other improvements, provided that the amended site plan conforms to the general use regulations, performance standards, and provisions of the district in which located.
   3. 3.
      Amended site plans shall be reviewed by the Planning and Zoning Commission and the City Council using the procedure identified in Subsection 190.02.3 City Council Review Process.
8. H.
   Expiration of Approval

   1. 1.
      If within 18 months of approval of a site plan a building permit has not been issued for the improvements included in the site plan, the site plan approval shall become null and void.
   2. 2.
      In the event the building permit for construction provided for in a site plan expires or is canceled, then such site plan approval shall thereupon terminate.

1. A.
   Applications for special exceptions shall be reviewed by the Board of Adjustment following the procedure identified in Subsection 190.02.2 Board of Adjustment Review.
2. B.
   Criteria for Review

   In addition to any criteria listed in the section of the Code where an opportunity for special exceptions is identified, special exceptions shall only be granted when the following criteria are met:

   1. 1.
      Proposal is compatible with uses permitted in the zoning district under which it is regulated.
   2. 2.
      Whether the proposal will be compatible with neighboring properties in the surrounding neighborhood.

1. A.
   Applicability

   1. 1.
      The purpose of a special use permit is to provide the City with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health, and safety. Special use permits are designed to address certain uses which, due to their unique characteristics, should not be automatically permitted by right in every area within a zoning district due to inherent hazards or special problems, even though these uses may be generally compatible with the basic use classification of a particular zone.
   2. 2.
      A special use permit may not be granted for a use that is not specifically permitted in this Ordinance.
2. B.
   Applications for special use permits shall be reviewed by the Board of Adjustment using the procedure identified in Subsection 190.02.2 Board of Adjustment Review.

   1. 1.
      Any special use permit application which also requires site plan review shall first be reviewed by the Planning and Zoning Commission prior to consideration by the Board of Adjustment. The Planning and Zoning Commission shall hold a public hearing in accordance with Subsection 190.01.8 Public Hearing.
   2. 2.
      After review, the Planning and Zoning Commission shall recommend approval, conditional approval, or denial of the special use permit and shall transmit the application along with its recommendations to the Board of Adjustment.
   3. 3.
      The Board of Adjustment shall then review the request in accordance with the review procedure listed above.
3. C.
   Criteria for Review

   Special use permits shall only be granted when the following criteria are met:

   1. 1.
      The authorized use does not conflict with any Ordinance of the City or law of the State of Iowa regulating nuisances, pollution or hazardous occupation. Such use shall not impair an adequate supply of light and air to surrounding property.
   2. 2.
      The authorized use is in conformity with the Comprehensive Plan, and any other applicable City ordinances or regulations. Furthermore, the authorized use will not impede the normal and orderly development and improvement of the surrounding property as envisioned in the Comprehensive Plan.
   3. 3.
      The authorized use shall be served by adequate utilities, drainage and other necessary improvements. Such use shall not impair the City utility systems in adjoining or surrounding property; and in such a manner that the City could not adequately serve existing and planned development.
   4. 4.
      The authorized use shall be served by streets and highways that are adequate in width and pavement type to carry the quantity and type of traffic generated by the use to not unduly increase congestion and provide safe access.
   5. 5.
      The authorized use shall be compatible with the neighborhood and surrounding use of land by its construction, architecture, and site improvements.
   6. 6.
      The issuance of the special use permit will not endanger, jeopardize or harm the health, safety or welfare of the properties and the community.
4. D.
   Alteration

   1. 1.
      Any special use permit granted under the terms of this Chapter shall not be altered or changed in a manner inconsistent with its approval as determined by the Zoning Administrator.
   2. 2.
      Any proposed change or alteration shall be reviewed and approved as provided for in Subsection 190.03.7 Special Use Permit.

1. A.
   Applicability

   1. 1.
      The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this Ordinance that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of the Ordinance shall be observed and substantial justice done.
   2. 2.
      A variance may not be approved to allow a use which has not been identified as a permitted, permitted with standards, special, temporary, or accessory use.
   3. 3.
      Variances shall run with the property.
2. B.
   Applications for variances shall be reviewed by the Board of Adjustment following the procedure identified in Subsection 190.02.2 Board of Adjustment Review.
3. C.
   Floodplain variances follow the procedure listed in CHAPTER 173 FLOODPLAIN REGULATIONS.
4. D.
   Criteria for Review

   Variances shall only be granted when the following criteria are met:

   1. 1.
      The land in question cannot yield reasonable return if used only for purpose allowed in that zone;
   2. 2.
      The plight of the landowner is due to unique circumstances and not to general conditions in neighborhood; and
   3. 3.
      The use to be authorized by variance will not alter essential character of locality.

1. A.
   To hear and decide appeals of any order, requirement, decision, or determination as specified in Chapters 190 and 199 of this Ordinance.
2. B.
   To hear and grant variances as specified in this Chapter.
3. C.
   To hear and permit special exceptions from the provisions of Zoning Code as specified in this Ordinance.
4. D.
   To issue permits and decide such matters as may be required by other Chapters or Sections of this ordinance.
5. E.
   To hear and decide appeals of decisions of the City Administrator as enumerated in CHAPTER 140, Curb Cuts, Driveway Approaches and Driveways, of the Johnston Municipal Code.
6. F.
   If there is no seated Board of Appeals, to convene as and carry out all of the duties and responsibilities of the Johnston Board of Appeals as enumerated in the Johnston Municipal Code.

1. A.
   The City Council may review appeals, variances, exceptions or other requests granted by the Board before their effective date and may remand a decision to grant an appeal, variance, exception or other request to the Board for further study. Upon City Council action to remand a decision by the Board, the effective date of the decision shall be delayed for 30 days from the date of the remand.
2. B.
   Any taxpayer; any officer, department, board, or bureau of the City of Johnston; or any person or persons jointly or severally aggrieved by any decision of the Board may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board, in accordance with the Code of Iowa.