The Administration and Procedures Provisions establish the methods for implementation of the Zoning Ordinance. These provisions include procedures for reviewing specific uses within certain zoning districts; amending the Zoning Ordinance; and granting variances.

The Site Plan Review Procedure provides for the administrative review in addition to plan review required by other sections of the Mount Vernon Code of Ordinances of projects that have potentially significant effects on traffic circulation or a significant effect on land uses in adjacent neighborhoods. The procedure provides for review and evaluation of site development features and possible mitigation of unfavorable effects on surrounding property. This review supplements and does not replace any existing reviews or approvals required under this or other ordinances.

1.   Administration. The Zoning Administrator, with the assistance of other City staff, shall review, evaluate, and act on all site plans submitted pursuant to this procedure and be responsible for timely submittal to and consideration of all site plans by the Planning and Zoning Commission and the City Council.

2.   Uses Requiring Site Plan Review. All uses, except single-family residential, duplex residential, and all permitted agricultural uses, are subject to the Site Plan Review Procedure. No building permit will be issued for such uses unless the site plan is approved by the City Council.

3.   Application Requirements. An application for a Site Plan Review shall be filed with the Zoning Administrator by the owner of a property or the owner’s authorized agent. The application shall include the following information:

   A.   Name and address of the applicant.

   B.   Owner, address, and legal description of the property.

   C.   A description of the nature and operating characteristics of the proposed use.

   D.   A site plan, drawn to a scale sufficient to permit adequate review and dimensioned as necessary, showing the following information:

      (a)   The date, scale, north point, title, name of owner, and name of person preparing the site plan.

      (b)   The location and dimensions of boundary lines, easements, and required yards and setbacks of existing and proposed buildings and site improvements.

      (c)   The location, size, and use of proposed and existing structures on the site.

      (d)   The location of all proposed site improvements, including parking and loading areas, pedestrian and vehicular access, sewers, sidewalks, utilities, service areas, fencing, screening, landscaping, and lighting, with enough detail to demonstrate conformance with City codes.

      (e)   Location of any major site feature, including drainage and contours at no greater than five foot intervals.

      (f)   Any other information that may be required for review by the Zoning Administrator.

4.   Review and Evaluation. The Zoning Administrator shall review and make the following findings in a report to the Planning and Zoning Commission and the City Council on the site plan based on the criteria established in Table 1313-A and conformance with applicable regulations in this Zoning Ordinance:

   A.   The proposed development, together with any necessary modifications, is compatible with the criteria established in Table 1313-A.

   B.   Any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable effects.

   C.   The site plan conforms to the Zoning Ordinance and other applicable City ordinances.

   D. The Planning and Zoning Commission shall make its recommendation to the City Council to approve, approve with conditions or disapprove the site plan.

5.   Modification of Site Plan. The Zoning Administrator, the Planning and Zoning Commission, or the City Council may require modification of a site plan as a prerequisite for approval. Required modifications may be more restrictive than base district regulations and may include, but are not be limited to, additional landscaping or screening; installation of erosion control measures and control of storm runoff as required by the Code of Iowa; improvement of access or circulation; rearrangement of structures on the site; or other modifications deemed necessary to protect the public health, safety, welfare, community character, property values, and/or aesthetics.

6.   Term and Modification of Approval.

   A. A Site Plan Approval shall become void one year after the date of approval, unless the applicant is issued a Building Permit.

   B. The Zoning Administrator may approve an application to modify a previously approved site plan if he/she determines that the modification does not affect findings related to the criteria set forth in Table 1313-B and is either minor in its essence or an improvement to the approved site plan.

   C. The Zoning Administrator may revoke a Site Plan Approval if he/she determines that the development is not complying with the terms and conditions of the approval. Such revocation may be appealed to the City Council. The City Council shall consider the appeal at the first available meeting after the filing of the appeal.

7.   Approval to Run With Land. An approval pursuant to this section shall run with the land until the expiration date of such approval.

The Amendment Procedures describe the methods by which changes may be made in the text of the Zoning Ordinance (text amendment) and/ or the official boundaries of zoning districts (rezoning).

1.   Initiation of Amendments.

   A.   Text amendments may be initiated in writing by a resident, property owner, the Planning and Zoning Commission or City Council.

   B.   Rezonings may be initiated by a property owner or authorized agent; the Planning and Zoning Commission; or the City Council.

2.   Rezoning Application Requirements. An application for a rezoning may be filed with the Zoning Administrator, the City Administrator, or a designee for either office holder. The application shall include the following information:

   A.   Name and address of the applicant.

   B.   Owner, address and legal description of the property.

   C.   A description of the reason for the rezoning application and the nature and operating characteristics of the proposed use.

   D.   Any graphic information, including site plans, elevations, other drawings, or other materials determined by the Zoning Administrator to be necessary to describe the proposed use to the Planning and Zoning Commission and/or the City Council.

3.   Amendment Process.

   A.   If the amendment was initiated by the City Council, resident or by a property owner (or authorized agent), the Planning and Zoning Commission shall consider the request and return its recommendation in writing to the Council within sixty days. Upon request of the Commission to the Council, the Commission shall have an additional 30 days to return its recommendation.

   B.   The Planning and Zoning Commission, following a minimum of ten days’ notice and publication, shall hold a public hearing on each proposed text or rezoning and, following such public hearing, shall recommend action to the City Council.

   C.   The City Council, after publication and public hearing, shall act on the proposed amendment. A simple majority vote of those members either elected or appointed to the City Council is required for approval.

4. Required Notice and Publication. Prior to consideration of amending, supplementing, changing, modifying, or repealing this ordinance by the governing body, notice of public hearings shall be provided by:

   A.   Notice by Posted Sign: A notice shall be posted in a conspicuous place on or near the property upon which action is pending. Such notice shall be not less than eighteen inches in height and twenty-four inches in width with a white background and black letters not less than one and one-half inches in height. Such posted notice shall be so placed upon such premises that is easily visible from the street and shall be so posted at least ten days before the date of such hearing through the day of the hearing. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice prior to such hearing.

   B.   Notice by Publication: At least ten days before the date of hearing, the City Clerk shall have published in a newspaper having a general circulation in the City of Mount Vernon a Notice of the time, place and subject matter of such hearing. The party initiating the zoning request is responsible for the cost of publishing the notice.

   C.   Notice by Mailing: The party initiating the rezoning request shall mail notice of the time, place and subject matter of the hearing to those persons who own property within three hundred feet of the subject site at least ten days prior to the date of the hearing and, further, provide proof of mailing by certifying a list, including the names and addressed of all property owners, to the City Clerk prior to the hearing.

Upon the automatic extension of the zoning jurisdiction upon annexation, the City Council with the recommendation of the Planning and Zoning Commission shall zone properties within the newly annexed areas concurrent with adoption of the annexation ordinance. The zoning shall consider the Comprehensive Development Plan of the City of Mount Vernon and the present use of the land.

1.   Administration and Enforcement. The Zoning Administrator shall administer and enforce this ordinance. The City Council may direct other persons to assist him/her. If the Zoning Administrator, or his/her designee shall find that any of the provisions of this ordinance are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He/ she shall order discontinuance of illegal use of land, buildings, or structures; or shall take any other action authorized by this ordinance or to ensure compliance with or to prevent violation of its provisions.

2.   Application for Certificates of Zoning Compliance.

   A.   All applications for certificates of zoning compliance shall include plans if applicable in duplicate drawn to an appropriate scale, such other information as lawfully may be required by the Zoning Administrator, and such other matters as may be necessary to determine conformance with and provide for the enforcement of this ordinance.

   B.   One copy of the application and plans for a certificate of zoning compliance shall be returned to the applicant by the Zoning Administrator, after he/she shall have marked such copy either as approved or disapproved and attested to same by his/her signature on such copy. One copy of the application and plans, similarly marked, shall be retained by the Zoning Administrator.

3.   Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates of Occupancy. Certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance, and punishable as provided by Section 1305-4.

1.   Applications for Certificates of Appropriateness.

   A.   No individual or corporation shall undertake a change in appearance of a structure or site, as so defined, within a designated historic district, nor shall the Building Official issue a regulated permit for a change in appearance of a structure or site, unless a certificate of appropriateness or a certificate of no material effect has been granted.

   B.   The Historic Preservation Commission may issue a Certificate of No Material Effect if the work contemplated in the application will have no effect on any significant architectural features of the structure or on the historic district.

   C.   Application for a Certificate of Appropriateness shall be made to the Building Official using the approved standardized application form available at City Hall. The application must include all items listed on the application form to questions as to assist the Historic Preservation Commission in their consideration of the application. Applications that do not contain all of the required items may be turned back to the applicant for more information prior to review of the application by the Historic Preservation Commission.

      (a)   If the change in appearance described in the application requires a regulated permit issued by the City, the application for certificate of appropriateness requires mandatory review by the Historic Preservation Commission and mandatory compliance by the applicant, as set forth herein.

      (b)    If the change in appearance described in the application for certificate of appropriateness does not require the issuance of a regulated permit by the City, the application for certificate of appropriateness requires mandatory review by the Historic Preservation Commission, but compliance with the decision of the Historic Preservation Commission by the applicant shall be voluntary.

   D.   Upon the filing of such application, the Building Official shall immediately notify the Historic Preservation Commission of the receipt of such application and shall transmit it together with accompanying plans and other information to the Commission, unless the application pertains solely to the interior of the structure.

   E.   All applications received before the closing date, to be established by the Historic Preservation Commission, shall be considered by the Historic Preservation Commission at its next scheduled meeting. The Historic Preservation Commission shall review the application, according to the duties and powers specified herein. In reviewing the application the Historic Preservation Commission may confer with the applicant or the applicant's authorized representative. In acting upon an application the Historic Preservation Commission shall consider whether the change in appearance to a structure or site proposed by the application conforms to standards set forth in the current edition of the Secretary of the Interior's "Standards for Rehabilitation" or the Commission's published "City of Mt. Vernon Design Booklet."

   F.   The Historic Preservation Commission shall approve, modify, or disapprove the application. The findings of the Commission on each application shall be contained in a written resolution setting forth the full reason for its decision and the vote of each member participating therein. Such resolution shall be placed on file for public inspection in the office of the City Clerk within five (5) business days after the meeting at which the application was acted upon. Thereafter, a copy of the resolution shall be sent to the applicant by ordinary mail. If the application is approved or approved with modifications acceptable to the applicant, a certificate of appropriateness will be issued, signed by the chairperson, and immediately transmitted along with the application to the Building Official. If the application is disapproved, it will be immediately transmitted, along with the written resolution of the Historic Preservation Commission's findings, to the Building Official.

   G.   Any party aggrieved by any decision of the Historic Preservation Commission may appeal the action to the City Council. Such an appeal must be in writing and must be filed with the City Administrator no later than ten (10) business days after the filing of the aforementioned decision. The City Council shall, within a reasonable amount of time, give public notice thereof as well as notice to the applicant and to the appellant, hear the appeal and decide the appeal. In deciding such appeals, the City Council shall consider whether the Commission has exercised its powers and followed the guidelines established by law and this article, and whether the Commission's action was patently arbitrary or capricious. In exercising the above-mentioned powers the City Council may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Historic Preservation Commission from whom the appeal is taken.

   H.   If not satisfied with the decision of the City Council, any aggrieved party may appeal within sixty (60) days of the City Council's decision to the Iowa District Court.

   I.   Certificates of Appropriateness and Certificates of No Material Effect issued on the basis of approved applications authorize only changes in appearance set forth in such approved applications and no other changes in appearance. It shall be the duty of the Building Official or his/her designee to inspect from time to time any work performed pursuant to such a certificate to ensure compliance with the requirements of such certificate. If it is found that such work is not being carried out in accordance with the certificate, the Building Official shall issue a stop-work order.

2.   Remedy of Dangerous Conditions.

   A.   Except for emergencies as determined by the Building Official pursuant to the ordinances of the City, City enforcement agencies and departments shall give the Historic Preservation Commission at least thirty (30) days' notice of any proposed order which may affect the exterior features of any structure for remedying conditions determined to be dangerous to life, health or property.

   B.   The Historic Preservation Commission shall have the power to require that changes or alterations not adversely affect the exterior features of a structure in cases where the danger to life, health or property may be abated without detracting from the exterior features of the structure. In such cases, it shall be the responsibility of the Historic Preservation Commission and the City agency or department to cooperate with the property owner in an attempt to achieve a preservation solution whereby the dangerous conditions will be corrected with minimal adverse impact on exterior features. Such plan shall be approved by the Historic Preservation Commission and shall be signed by the chair of the Historic Preservation Commission, the property owner, and the head of the City agency or department.

   C.   If a preservation solution acceptable to the Historic Preservation Commission, the City agency or department, and the property owner cannot be reached within thirty (30) days or a period of time acceptable to the City agency or department, the agency or department shall proceed to issue and enforce its proposed order.

3.   Compatibility with Existing Zoning Regulations. If a structure which has lost sixty (60) percent or more of its assessed value due to fire or other natural disasters is to be reconstructed as near as possible to the original exterior design, it may be placed upon its original foundation or the site of the original foundation.

4.   Enforcement, Violations and Penalties. It shall be the duty of the Building Official to enforce these regulations and to bring to the attention of the Historic Preservation Commission any violations or lack of compliance herewith. Violations of the provisions of this Ordinance or failure to comply with any of its requirements shall be enforced in accordance with Chapter 4, Mount Vernon Code of Ordinances.

1.   The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this ordinance.

2.   The schedule of fees shall be posted in the office of the City Administrator, and may be altered or amended only by the City Council.

3.   Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

A Board of Adjustment is hereby established. The Board shall consist of five regular members. Each member shall be appointed by the Mayor subject to Council approval for a five-year term and is removable for cause by the Mayor subject to Council approval upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board of Adjustment shall adopt rules and regulations as authorized or required by this ordinance and the Code of Iowa. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. Such chairperson, or, in his/her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings and records shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact. The Board shall keep a record of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. A majority of the Board shall constitute a quorum for the transaction of business.

The Board of Adjustment shall have only the following powers and duties:

1.   Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decisions or determination made by the Zoning Administrator, or his/her designee in the enforcement of this Ordinance or any regulation relating to the location or soundness of structures.

2.   Conditional Use Permits. To hear and decide the approval of applications for Conditional Use permits, as provided by this Ordinance. Procedures for Conditional Use Permits are established in Section 1309.

3.   Interpretation of Zoning Map. To hear and decide, in accordance with the provisions of any zoning regulation, requests for interpretation of any map.

4.   Variances to Relieve Hardships Relating to Property. To authorize, upon appeal, variances from the strict application of this Ordinance where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of enactment of the zoning regulations; or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, such strict application would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner of such property.

   A.   Requirements for Grant of a Variance. No such variance shall be authorized by the Board unless it finds that all of the following are met:

      (a)   Strict application of the zoning ordinance will produce undue hardship and would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

      (b)   Such hardship is not shared generally by other properties in the same zoning district and in the same vicinity.

      (c)   The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance.

      (d)   The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice.

      (e)   The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable a general regulation to be adopted as an amendment to this Zoning Ordinance.

      (f)   The granting of the variance will not cause substantial detriment to the public good and will not substantially impair the intent and purpose of any Ordinance or Resolution.

   B.   Findings by Board. The Board of Adjustment shall make findings that the requirements of Section 1308-4-A-(a-f) have been met by the applicant for a variance.

   C.   Conditions for Grant of Variance:

      (a)   In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation 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 Ordinance and punishable under Chapter 4, Mount Vernon Code of Ordinances.

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

      (c)   No non-conforming use of neighboring lands, structures, or buildings in the same district and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

5.   Board has Powers of Zoning Administrator on Appeals: Reversing Decisions of Zoning Administrator. In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions, or determination as ought to be made, and to that end shall have the powers of the Zoning Administrator from whom the appeal is taken.

The concurring vote of three members of the Board shall be necessary to reverse any order, requirements, 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 ordinance, or to effect any variation in the application of this ordinance.

6.   Procedure for Appeals. Appeals shall be made to the Board of Adjustment through the office of the Zoning Administrator in written form as determined by the Zoning Administrator. The Board shall fix a reasonable time for the hearing of the appeal and shall decide the appeal within 30 days of the date of the public hearing. An appeal stays all proceedings in furtherance of the action, unless the Zoning Administrator certifies to the Board that by reason of the facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property.

   A.   The Board shall provide a minimum of ten day’s notice of a public hearing on any question before it. Notice of the hearing shall be posted in a conspicuous place on or near the property on which the application has been made; by publication in a newspaper of general circulation in the City of Mount Vernon; and by written notice to the appealing party.

   B.    Upon the public hearing, any party may appear in person or by agent or attorney. The concurring vote of three out of five members of such board as so composed shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the appellant on any matter upon which it is required to pass under any zoning ordinance, or to effect any variation in such ordinance.

1.   Purpose. The Conditional Use Permit Procedure provides Board of Adjustment approval for uses within zoning districts which have unusual site development or operating characteristics that could adversely affect surrounding properties.

2.   Administration. The Board of Adjustment shall review, evaluate, and act upon all applications submitted pursuant to this procedure.

3.   Application Requirements. An application for a Conditional Use Permit may be filed with the Zoning Administrator by the owner(s) of a property or the owners' authorized agent. The application shall include the following information:

   A.   Name and address of the applicant.

   B.   Owner, address and legal description of the property.

   C.   A description of the nature and operating characteristics of the proposed use.

   D.   Any graphic information, including site plans, elevations, other drawings, or other materials determined by the Zoning Administrator to be necessary to describe the proposed use to approving agencies.

4.   Approval Process. The Board of Adjustment, after publication and public hearing, shall act on the Conditional Use Permit.

5.   Criteria for Review. The Board of Adjustment shall review and act upon the request based on the criteria established in Table 1313-A and conformance with applicable regulations in this Zoning Ordinance.

6.   Scope of Board of Adjustment’s Approval. The Board of Adjustment may, at its discretion, apply a Conditional Use Permit to a specific owner or applicant. The Board of Adjustment may establish special site development or operational regulations as a condition for approval of a Conditional Use Permit.

7.   Home Occupations. The Board of Adjustment shall not grant a Conditional Use Permit for any home occupation/home-based business which is otherwise prohibited under Section 610 of this Ordinance.

8.   Lapse and Revocation of Permit.

   A.   A Conditional Use Permit shall become void two years after its effective date if the applicant has not carried out development or occupancy during that period, or sooner if so conditioned by the Board of Adjustment.

   B.   The Board of Adjustment may revoke a Conditional Use Permit should the operation of the use subject to such permit violate the conditions under which the permit was granted.

9.   Previously Approved Permits. Any special use approved under regulations in effect before the effective date of this Ordinance shall be considered to have a valid Conditional Use Permit, subject to requirements imposed at the time of its approval.

The City Council may provide for review of variances granted by the Board of Adjustment before their effective date. The Council may remand a decision to grant a variance to the Board of Adjustment for further study. The effective date of the variance is delayed for thirty days from the date of the remand.

Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

Whenever a violation of this Ordinance occurs, or is allowed to have occurred, any person may file a written complaint. Such complaints stating fully the causes and basis thereof shall be filed with the Zoning Administrator. He/she shall record properly such complaint, and investigate and take action thereon within two weeks as provided by this Ordinance.

Violations of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with the granting of conditional uses or variances) shall be enforced in accordance with Chapter 4, Mount Vernon Code of Ordinances.

 

 TABLE 1313-B: Criteria For Site Plan Review And Special Use Permits