1.   Organization.  The administration of this chapter is vested in the following four offices of the government of the City:  City Council, Planning and Zoning Commission, Board of Adjustment, and Zoning Administrator.

   2.   Basis of Regulations.  Regulations are made in accordance with the 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 street; 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.

   3.   Mayor and City Council.  The Mayor and City Council shall discharge the following duties under this chapter:

      A.   Appoint a Zoning Administrator whose responsibilities it will be to enforce the provisions of this chapter.

      B.   Appoint members of the Board of Adjustment as provided for in this chapter.

      C.   Appoint members to the Planning and Zoning Commission as provided for in this chapter.

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

      E.   Receive from the Commission all recommendations on the effectiveness of this chapter.

      F.   Decide all matters upon which it is required to pass under this chapter.

   4.   Board of Adjustment.

      A.   Creation.  The Board of Adjustment, as established under applicable provisions of the Iowa State Statutes, is the Board of Adjustment referred to in this chapter.

      B.   Appointment; Terms; Removal.  The Board shall consist of five members to be appointed by the Mayor, subject to City Council approval by majority vote for overlapping terms of five years.  A majority of the members of the Board of Adjustment shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate.  Members of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing.  Vacancies shall be filled by the City Council for the unexpired term of the member affected.

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

         (1)   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 this chapter.

         (2)   To hear and pass on all applications for special exceptions in the manner prescribed in this chapter.

         (3)   To hear and pass on all applications for variances from the terms provided in the chapter in the manner prescribed and subject to the standards herein.

      D.   Meetings and Rules.  The Board of Adjustment 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/her absence, the acting chairperson, may administer oaths and compel attendance of witnesses.  All meetings shall be open to the public.

         (1)   The Board of Adjustment 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 public record and be immediately filed in the office of the Zoning Administrator.

         (2)   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 chapter, or to effect any variation in application of this chapter.

      E.   Finality of Decisions of the Board of Adjustment.  All decisions and findings of the Board of Adjustment on appeals applications for a variance, or application for a special exception, after a hearing, shall, in all instances, be final administrative decisions and shall be subject to judicial review as by law may be provided.

   5.   Planning and Zoning Commission.  The Planning and Zoning Commission is established and has duties as prescribed in Chapter 22 of this Code of Ordinances.

   6.   Zoning Administrator.

      A.   Designation of Zoning Administrator.  The Zoning Administrator will be the City Clerk, unless another person is appointed by the Mayor subject to City Council approval by majority vote.

      B.   Powers and Duties of the Zoning Administrator.  The Zoning Administrator shall enforce this chapter and in addition thereto and in furtherance of said authority, shall:

         (1)   Issue all zoning permits upon approval of the Planning and Zoning Commission and collect any fees.

         (2)   Process all applications for variances, special exceptions, and rezoning for referral to the Board of Adjustment.

         (3)   Respond to complaints of alleged violations to this chapter.

         (4)   Provide and maintain a public information service relative to all matters arising out of this chapter.

         (5)   Provide proper forms to the public for the zoning process.

         (6)   Review site plans for conformance with this chapter.

         (7)   Carry out the administrative duties for both the Planning and Zoning Commission and the Board of Adjustment.

         (8)   Act as the Secretary to the Planning and Zoning Commission and the Board of Adjustment.

         (9)   Insure that public notices of hearings are properly advertised in the local newspapers, and notice to the parties of interest is provided.

   7.   Secretary of the Planning and Zoning Commission and Board of Adjustment.  The Secretary of the Planning and Zoning Commission and the Secretary of the Board of Adjustment shall be the Zoning Administrator.

      A.   The Secretary of the Planning and Zoning Commission shall attend all meetings of the Commission, take full and accurate minutes of the proceedings, prepare all necessary reports and documents for and on behalf of the Commission, and perform such duties and functions as may be necessary for the orderly recording of the business of the Commission.

      B.   The Secretary of the Board of Adjustment shall attend all meetings of the Board, take full and necessary reports and documents for and on behalf of the Board, and perform such other duties and functions as may be necessary for the orderly recording of the business of the Board.

   8.   Variances.  The Board of Adjustment, after a public hearing, may determine and vary the regulations of this chapter 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 regulations of this chapter.

      A.   Application for Variance.  An application for a variance shall be filed in writing with the Zoning Administrator.  Said application shall contain such information as the Board of Adjustment may, by rules, require.

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

         (1)   Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.

         (2)   Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

         (3)   Special conditions and circumstances do not result from the actions of the applicant.

         (4)   Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.

      C.   Further Requirements:

         (1)   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.

         (2)   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 this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

         (3)   In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter.  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 chapter.

         (4)   Under no circumstances shall the Board of Adjustment grant a variance to allow for use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in the district.

         (5)   If a variance is sought to permit building within six feet or less of a property line, the request must be accompanied by a certified survey.

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

   10.   Use Exceptions and Other Powers of the Board of Adjustment.

      A.   Purpose  The development and administration of this chapter is based upon the division of the City into Zoning Districts, within which 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, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular locations.  Such use exceptions fall into two categories:

         (1)   Uses publicly operated or traditionally affected with a public interest; and

         (2)   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.

      B.   Initiation of Use Exception.  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 this chapter in the zoning district in which the land is located.

      C.   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 such plans and/or date prescribed by the Board of Adjustment and shall include a statement indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested.

      D.   Hearing on Application.  Upon receipt in proper form of the application and statement referred to in Section 165.21(4), 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 or more than 20 days in advance of the public hearing in a newspaper of general circulation in the City.  Before an appeal is filed with the Board of Adjustment, the appellant shall pay to the City the non-refundable sum of $100.00 to cover the publishing and administration costs of said appeal.

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

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

         (1)   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.

         (2)   The special exception will not be injurious to the use and enjoyment of other property already permitted, or substantially diminish and impair property values within the neighborhood.

         (3)   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.

         (4)   Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

         (5)   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

         (6)   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.

         (7)   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 this section and subsection 9 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 compiled with.

         (8)   Denial of Special Exception.  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.

         (9)   Revocation of a Special Exception.  In any case where special exception has not been established within one year after the date of granting thereof, then, without further action by the Board of Adjustment the use on review or authorization shall be null and void.

         (10)   Other Powers of the Board of Adjustment.  The Board of Adjustment is hereby vested with the following additional authority and jurisdiction:

            a.   Interpretation of Zoning Map.  Where the application of the rules for interpretation of district boundaries contained in Section 165.07 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 Map in such a way as to carry out the intent and purposes of this chapter.

            b.   Temporary Uses and Permit.  The Board of Adjustment may issue a permit for the temporary use of a building or premises in any district for a purpose or use that does not conform to the regulations prescribed by this chapter, provided that such use is of a true temporary nature and does not involve the erection of substantial buildings.  Such permit shall be granted in the form of a temporary and revocable permit for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience, and general welfare.

   11.   Amendment.

      A.   Procedure.  The regulations, restrictions, and boundaries may from time to time, be amended, supplemented, changed, modified, or repealed, but no such amendments shall be made without public hearing before the Council and after a report has been made upon the amendment by the Planning and Zoning Commission.  However, the regulation, restriction, or boundary shall not become effective until after a public hearing at which parties in interest and citizens shall have an opportunity to be heard.  The notice of the time and place of the hearing shall be published not less than seven days or more than 20 days in advance of the public hearing in a newspaper of general local circulation, but in no case shall the public hearing be held earlier than the next regularly scheduled City Council meeting following the published notice.

      B.   Amendment may be passed by the favorable vote of a simple majority of all members of the City Council.  However, such amendment must pass by a three-fourths favorable vote of all members of the City Council, if any of the following occurs:

         (1)   In case the Planning and Zoning Commission has not approved the change.

         (2)   A protest is filed with the City Council against such change, signed by the owners of at least 20 percent of the area to be rezoned.

         (3)   A protest is filed with the City Council against the change, signed by the owners at least 20 percent of all lots abutting, adjoining or lying directly across any streets from the perimeter of the area to be rezoned (such immediately adjacent lots extending the depth of one lot or a maximum of 200 feet (whichever is less).

      C.   As part of an ordinance changing land from one zoning district to another zoning district or an ordinance 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 owners 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 which are directly caused by the requested change in zoning district.

   12.   Rezoning Applications.  An application for rezoning shall contain the following items:

      A.   The legal description and local address of the property.

      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 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.

   13.   Fees.  Before any action is taken upon an application as provided in this section, the applicant shall pay the Zoning Administrator the sum of $100.00 to cover the approximate cost of the procedure and the applicant shall forthwith pay over in this amount to the credit of the general revenue fund of the City.  The failure to approve the request will not be construed as any reason for refunding the fee to the applicant.