Mason City City Zoning Code

The zoning board of adjustment shall have the following powers:

   A.   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this code.

   B.   To interpret the provisions of this code in such a way as to carry out the intent and purpose of the comprehensive plan.

   C.   To authorize, in specific cases, a variance from the quantitative requirements for area, dimensional, or other numerical limitations of this title, as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this title will result in practical difficulties to the owner in making a beneficial use of the property allowed by this title, and so that the spirit of this title shall be observed and substantial justice done.

   D.   To authorize, in specific cases, a variance to the requirements of the floodplain management regulations in chapter 18 of this title, subject to the standards and requirements of that chapter.

   E.   To permit a conditional use and impose conditions upon such approval, so that actual or potential impacts to surrounding property are mitigated or eliminated. (Ord. 25-11, 11-4-2025)

   A.   Hearing And Decision: The board shall hear and decide appeals from and review any order, requirements, decision or determination made by the administrative officer in the enforcement of this title. Appeals to the board may be taken by any person aggrieved, or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within ten (10) days of receipt of the administrative officer’s order or determination by filing with the development services department, and with the board of adjustment, a notice of appeal on a form provided by the development services department specifying the grounds of the appeal, and by paying a fee as provided for by city council resolution.

   B.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative officer from whom the appeal is taken certifies to the board after the notice of appeal has been filed that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such a 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 of notice to the officer from whom the appeal is taken and on due cause shown.

   C.   Decision:

      1.   In making a determination, the board shall consider if the decision of the administrative officer was consistent with the requirements of this title and if proper procedure was followed. The appeal may only prevail if evidence or testimony show that the order, requirement, decision or determination made by the administrative officer in the enforcement of this title is not supported by the requirements of this title or if the administrative official did not allow due process to the appellant.

      2.   If the board determines that the administrative official was in error and the appeal is granted, the board shall then determine the correct application of the regulation under appeal and shall impose such regulation or requirement as applicable.

      3.   The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision or determination of the administrative officer.

      4.   Any alternate member who begins hearing a case is required to finish the case, even if the regular members in whose place the alternate member is serving becomes available. (Ord. 25-11, 11-4-2025)

   A.   In such cases where the requirements of this title are unclear or ambiguous, or where there is a dispute about the meaning or application of a specific requirement, the board shall make a determination as to the meaning of the requirement or to the process of applying a requirement.

   B.   Upon request for an interpretation from a citizen, property owner, other affected party, or a city official, the board shall consider the interpretation at a regularly schedule meeting. Any person or party affected by the outcome of the interpretation shall be invited to attend; however, failure to notify any such party shall not prevent the board from making an interpretation.

   C.   In making its determination, the board shall consider the intent and purpose of the comprehensive plan, the intent and purpose of the zoning district or districts to which the disputed requirement applies, and other such facts or circumstances applicable to the understanding or implementation of the disputed requirement.

   D.   After such interpretation is made by the board and upon its direction, the development services director or assignee shall prepare an amendment to the applicable section of this title to clarify or correct the language, in accordance with chapter 4 of this title. (Ord. 25-11, 11-4-2025)

   A.   Application: an application for a variance shall be filed with the administrative officer on a form provided by the development services department. The application shall be accompanied by such plans or data deemed by the city to be necessary to adequately describe the variance request, a fee as provided for by city council resolution and shall include a statement in writing by the applicant and adequate evidence showing that the proposed variance will conform to the standards set forth in the following subsections.

   B.   Notice Of Public Hearing: Upon receipt in proper form of the application, fee and statement, the board shall hold at least one (1) public hearing on the proposed variance. Notice of the hearing shall be published in an official newspaper of the city at least four (4) days but no more than twenty (20) days prior to the hearing. Written notice of the hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty (350) feet of the subject property. Supplemental or additional notices may be published or distributed as the board may prescribe. At least one (1) public notice sign will be posted on the subject property.

   C.   Authority:

      1.   Practical Difficulty:

         a.   The board shall have the authority to authorize a variance where the strict application of the quantitative requirements for area, dimensional, or other numerical limitations of this title would result in peculiar and exceptional practical difficulties upon the owner of the subject property as distinguished from a mere inconvenience to the owner, provided relief can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this title.

         b.   The board shall have the authority to authorize a variance from the quantitative requirements for area, dimensional, or other numerical limitations of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title will result in practical difficulties, and so that the spirit of this title shall be observed and substantial justice done.

         c.   The board shall have the authority to grant a variance to the quantitative requirements for area, dimensional, or other numerical limitations of this title, provided that the grant of the variance will not impair an adequate supply of light and air to adjacent property, or unreasonable increase congestion in public streets, or increase the public danger of fire and safety, or unreasonably diminish or impair establishment property values within the surrounding area, or in any other respect impair the public health, safety, comfort and welfare of the city.

      2.   Use, Form Or Function Variances Prohibited: The board shall not consider any variance that would constitute any change in the zoning map nor authorize a use, form or function not specifically allowed within the zoning district.

      3.   Floodplain: For a request for a variance to the floodplain management requirements of chapter 18 of this title, in addition to the standards and requirements of this chapter, the board shall apply the standards and requirements of section 12-18-16 to decide upon the variance.

   D.   Standards: In order to grant a variance to the strict application of the quantitative requirements for areas, dimensional, or other numerical limitations of this title, the board shall find that all of the following standards are satisfied:

      1.   Practical Difficulty: The board shall find that, owing to special conditions, literal enforcement of the quantitative requirements for area, dimensional, or other numerical limitations of this title result in a practical difficulty that materially inhibits or prevents the property from being used or developed in a manner that complies with this title.

      2.   Uniqueness: The board shall find that there are unique or peculiar conditions applying to or upon the property that do not apply generally to other properties in the same district or neighborhood. Unique conditions include, but are not limited to:

         a.   Exceptional narrowness, shallowness, or unusual shape of the property, or

         b.   Exceptional topographical conditions affecting the use of the property, or

         c.   Other extraordinary or exceptional situation or condition of the property.

      3.   Adverse Impact: The board shall find that the variance, if granted:

         a.   Will not have an adverse effect on the public health, safety, or welfare; and

         b.   Will not affect or impair the value or use or development of other property; and

         c.   Will not significantly alter the essential character of the neighborhood.

      4.   Not Self-Created: The board shall find that the need for the variance is not the result of the action or inaction of the applicant, other parties in interest, or any predecessor in interest.

      5.   Minimum Variance For Relief. The board shall find that the variance requested is the minimum variance necessary to overcome the practical difficulty.

   E.   Additional Considerations And Requirements:

      1.   The board may consider the following to assist in determining if the above standards are met:

         a.   The comprehensive plan as it applies to the property and the neighborhood;

         b.   The purpose and intent of the zoning ordinance and the zoning district within which the property resides;

         c.   Historic building and development patterns and established neighborhood characteristics;

         d.   Whether the grant of the variance will confer upon the applicant a special privilege that is denied to other properties within the same zoning district.

         e.   Other circumstances related to the property or arising from its planned use or development that may impact the use and enjoyment of surrounding property.

      2.   The board shall not consider any of the following to determine if the above standards are met:

         a.   Potential or actual cost, gain, or loss related to compliance with the requirements of this title.

         b.   Existence of or proximity to any property that is used in an illegal manner or is not in compliance with this title.

         c.   Existence of or proximity to any property that contains a nonconforming use, building or structure, unless it is shown that the nonconformity directly impacts the subject property and is of such long-term or permanent nature as to cause or contribute to the claimed practical difficulty.

   F.   If the variance requested does not meet all the above standards, the board may approve a lessor variance, provided that the lesser variance does meet all the standards.

   G.   Decision:

      1.   The concurring vote of three (3) members of the board shall be necessary to decide in favor of the variance.

      2.   Any alternate member who begins hearing a case is required to finish the case, even if the regular member in whose place the alternate member is serving becomes available.

   H.   Effect Of Denial. If the variance application is denied, applicants may not reapply for the same variance to the board before six (6) months have passed from the date of the first application.

   I.   Appropriate Conditions And Safeguards: In permitting a variance, the board may impose appropriate conditions and safeguards including, but not limited to, planting screens, fencing, construction commencement and completion deadlines, lighting, operations controls, improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, or any other requirement that the board deems appropriate under the circumstances.

   J.   Time Limit: The applicant or owner shall implement or begin construction of the elements for which the variance was requested within six (6) months of the date the resolution of the board’s decision is filed and shall be completed within one (1) year of said filing date.

      1.   The development services director may grant a reasonable extension of these deadlines due to circumstances beyond the control of the applicant or owner.

      2.   Any variance not implemented or completed within the above time limits or approved extensions shall be void. (Ord. 25-11, 11-4-2025)

Any landowner or his designated agent may file an application to use land for a conditional use provided for in section 12-8-3, table 2 of this title in the zoning district in which the land is located. Any application shall be subject to the following requirements.

   A.   Filing Application; Documents; Fee: An application for a conditional use shall be filed with the administrative officer on a form provided by the development services department. The applicant shall be accompanied by such plans and data deemed by the city to be necessary to adequately describe the proposed conditional use, a fee as provided fro by city council resolution and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in the following subsections.

   B.   Public Hearing Notice: Upon receipt in proper form of the application, fee and statement, the board shall hold at least one (1) public hearing on the proposed conditional use. Notice of the hearing shall be published in an official newspaper of the city at least four (4) days but no more than twenty (20) days prior to hearing. Written notice of the hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty (350) feet of the subject property. Supplemental or additional notices may be published or distributed as the board may prescribe. At least one (1) public notice sign will be posted on the subject property.

   C.   For each application for conditional use, the board shall determine its findings and render a decision upon the issuance of a conditional use permit, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.

   D.   No conditional use shall be approved by the board unless the board shall find:

      1.   The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, convenience, comfort or general welfare;

      2.   The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood;

      3.   The establishment of the use will not impede the normal orderly development and improvement of the surrounding property for uses permitted in the zoning district;

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

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

   E.   Prior to granting any conditional use, the board shall stipulate conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as are deemed necessary for the protection of the public interest and to secure compliance with the standards are requirements specified in this section. In all cases in which conditional uses are granted, the board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connected therewith are being and will be complied with on a continuing basis.

   F.   Effect Of Denial: Whenever an application for a conditional use is denied, it cannot be resubmitted for one (1) year thereafter.

   G.   Decision:

      1.   The concurring vote of three (3) members of the board shall be necessary to decide in favor of the conditional use.

      2.   Any alternate member who begins hearing a case is required to finish the case, even if the regular member in whose place the alternate member is serving becomes available.

   H.   Violation: Failure at any time after the conditional use is granted to meet the standards or any condition imposed upon the property shall be considered a violation of this code and shall be subject to such citation and penalties imposed by this code. (Ord. 25-11, 11-4-2025)

   A.   The decision of the board shall be issued in the form of a resolution, which shall be filed in the development services department on the first business day following the meeting at which the decision is rendered. A copy of the resolution shall be provided to the applicant. Depending upon the nature of the decision, the city may record the resolution in office of the recorder of Cerro Gordo County.

   B.   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 thirty (30) days after the filing of the decision in the development services department. (Ord. 25-11, 11-4-2025)