This chapter establishes the methods for implementation of this title. These provisions include procedures for reviewing specific uses within certain zoning districts, amending this title, and granting variances.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

The administration and procedures provisions apply to all properties in the City of Oskaloosa zoning jurisdiction.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

City Council. Refer to Chapter 2.04 of the Municipal Code. With respect to decision-making pursuant to this zoning ordinance, in addition to the authorized acts of the Municipal Code, the city council will exercise the powers set out in this section.

1.

After a public hearing is held and after reports and recommendations are provided by the zoning administrator, the PZ commission, or another board, commission, or committee, the city council shall hear and decide the following:

a.

Plans and programs for the development and redevelopment of its area of jurisdiction, when applicable in this zoning ordinance. This includes but is not limited to, amending the text and maps of the comprehensive plan or other plans from time to time.

b.

Proposed covenants, conditions, and restrictions as required by the city.

c.

Proposed amendments to the text of this zoning ordinance.

d.

Proposed amendments to the zoning map.

e.

Planned unit development site plans and any major changes thereof.

f.

Appeals that are not under the authority of the board of adjustment.

g.

Any other action not delegated to any other board or commission as the city council may deem desirable and necessary to implement the provisions of this zoning ordinance and the goals and objectives of the city, provided such action is not contrary to the requirements of this zoning ordinance or state law.

B.

Planning and Zoning Commission. Refer to Chapter 2.56 of the Municipal Code. With respect to decision-making pursuant to this zoning ordinance, in addition to the authorized acts of the Municipal Code, the city council will exercise the powers set out in this section.

1.

Approval of site plans when required by this title.

C.

Board of Adjustment.

1.

Establishment. A board of adjustment is established in which membership and terms shall be consistent with Chapter 414 of the Code of Iowa.

a.

The board shall consist of five members appointed by the city council plus two additional members qualified and appointed by the Mahaska County board of supervisors in accordance with Section 414.23 of the Code of Iowa, or as thereafter amended, who shall serve for the same terms of office and have the same rights, privileges, and duties as the regular members.

b.

The presence of four members of the board shall constitute a quorum for the transaction of business.

2.

Meetings. The meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. Such chairperson or, in their absence, the acting chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The board of adjustment shall adopt its own rules of procedure not in conflict with this Municipal Code or the Code of Iowa and may select or appoint such officers as it deems necessary. The board of adjustment shall keep minutes of its proceedings showing the vote of each member on 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 immediately filed in the office of the clerk, and shall be a public record. The presence of five members shall be necessary to constitute a quorum.

3.

Jurisdiction. The board of adjustment shall have the powers set out in this section, and it shall be its duty to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the city council in the enforcement of this chapter.

4.

Records. The action of the board of adjustment shall not become effective until after the resolution of the board, setting forth the full reason for its decision, and the vote of each member participating therein has been recorded in the minutes. Immediately following the board of adjustment's final decision, such resolution shall be filed in the office of the board of adjustment and open to public inspection. Every variation and exception granted or denied by the board of adjustment shall be supported by a written testimony or evidence submitted in connection therewith.

5.

Powers and Duties. The board of adjustment shall have the following powers and duties, as described in this zoning ordinance:

a.

Appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decisions, or determination made by the zoning administrator, designee, or another administrative official or agency, in the enforcement of this zoning ordinance or any regulations relating to the location or soundness of structures.

b.

Conditional Use Permits. To hear and decide the approval of applications for conditional use permits, as provided by this zoning ordinance.

c.

Variances to Relieve Hardships Relating to Property. To authorize, upon appeal, variances from the strict application of this title where because of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of enactment of the zoning regulations or because 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.

d.

Interpretations. Interpretations of the provisions of this zoning ordinance and the zoning map upon referral by the zoning administrator.

6.

Appeals from the Board of Adjustment. Any person or persons, or any board, taxpayer, officer, department, board, or bureau of the city aggrieved by any decision of the board of adjustment, may seek review of such decision by a court of record in the manner provided by the laws of the state.

D.

Zoning Administrator. As designated by the city manager, the zoning administrator is ultimately responsible for processing an application to decide (in case of administrative approval) or recommend to another review body (in case of public meeting and hearing approvals). The zoning administrator shall designate staff members to manage applications through the review process, be the point of contact for applicants, and perform such other functions and duties as may be required of the zoning administrator by this zoning ordinance. The zoning administrator may also designate review responsibilities to other city staff members with relevant technical training or expertise or, as appropriate, to consultants that the city council authorizes.

1.

Duties and Responsibilities. For reference purposes, the zoning administrator has the following duties and responsibilities concerning the administration of this zoning ordinance. The zoning administrator may allocate such duties to exercise the responsibilities without amendment to this zoning ordinance.

a.

Interpret the general intent and/or specific meaning of any portion of this zoning ordinance text, position of district boundaries, district designation, or other matters relating to the zoning map.

b.

Maintain the zoning map and record all amendments to and information thereon.

c.

Provide public information relating to zoning matters, including scheduled meetings of the PZ commission and board of adjustment.

d.

Receive, process, and record all applications in this zoning ordinance with accompanying plans and documents, all of which shall be a public record.

e.

Register and maintain records and maps of nonconforming uses, buildings, structures, lighting, landscaping, bufferyards, signs, parking and loading, site access, site improvements, and lots.

f.

Revoke permits or certificates in violation of the provisions of this zoning ordinance.

g.

Serve as staff liaison to the PZ commission and attend the meetings, inform them of all facts and information with respect to any matter brought before the PZ commission, and perform other duties as may be assigned by this zoning ordinance and by the rules of the PZ commission.

h.

Serve as staff liaison to the board of adjustment and attend all meetings, inform the board of adjustment of all facts and information at their disposal with respect to any matter brought before the board of adjustment, and perform such other duties as may be assigned to them by this zoning ordinance by the rules of the board of adjustment.

i.

Initiate and continue such social, economic, physical, and environmental studies as may be necessary or appropriate for the development and revision of the comprehensive plan by the PZ commission.

j.

Maintain permanent and current records of applications and meetings described in Section 17.11.040 Permits and Procedures, including all maps; amendments; development approvals and denials; and decisions rendered by the PZ commission together with relevant background files and materials.

k.

Identify ordinance violations and enforce the provisions of this zoning ordinance and approvals.

(Ord. No. 1465, § 2(Att.), 9-11-2023; Ord. No. 1481, § 2, 1-21-2025)

A.

General Procedures. The administration and procedures provisions in this section establish the methods for implementing this zoning ordinance, summarized in Table 17.11.A Permit and Procedures Summary.

1.

Except where this zoning ordinance or state statues provides otherwise, the following procedures are required:

a.

Application. For requests not initiated by the city or PZ commission, an application shall be submitted on a form approved by the zoning administrator. Application forms shall include the specific information required to process each type of application, except where this chapter describes otherwise. The zoning administrator may waive certain submittal requirements to tailor the requirements to the information necessary to review a particular application.

b.

Zoning Administrator Referral.

i.

The zoning administrator may refer any application in this zoning ordinance for review and approval of the PZ commission or city council, subject to the procedures in Subsection 17.11.040.A General Procedures, when an application presents such scale, intensity, or interpretation that warrants additional public review, professional input, or city council authority.

ii.

When an application in this zoning ordinance requires review and approval by the PZ commission, board of adjustment, city council, or other agency, the zoning administrator shall refer the application for action at the next scheduled meeting provided the application is submitted at least fifteen days before the next scheduled meeting unless the applicant shall agree to some later time.

c.

Notice Requirements. When a public hearing is required, notice of public hearings shall be provided by giving at least seven days notice of the time, date, and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the city.

d.

Public Hearing. When a public hearing is required, before making any recommendation or action on the respective permit, plan, item, or part thereof, the PZ commission and city council shall set and conduct a public hearing per Iowa Code of Law.

e.

Decisions. Except where this zoning ordinance or state statutes provides otherwise, official action requires the favorable vote of a majority of a quorum present. Any time limit specified in this zoning ordinance for any decision or action on behalf of a review or decision-making body may be extended if the applicant agrees to an extension in writing or on the record during the applicable hearing or if the zoning administrator determines that a delay of one meeting is necessary for the completion of review.

B.

Summary Table. Table 17.11.A Permits and Procedures Summary summarizes the application types. Applications for one development project may be filed concurrently, subject to the application requirements and procedures.

C.

Appeals. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, or board of the city affected by any decision of the city council, PZ commission, or zoning administrator.

1.

Administration. The board of adjustment shall review, evaluate, and act upon all applications for appeals submitted pursuant to this section.

2.

Application. An appeal shall be filed with the zoning administrator in such form and contain such information as the zoning administrator prescribes from time to time. An application for an appeal shall be taken within thirty days after the action the applicant is appealing.

3.

Procedures. Such appeal application shall be taken within ten working days of filing with the administrator and with the board of adjustment a notice of appeal specifying the ground thereof. The zoning administrator shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from is taken.

4.

Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the city council certifies to the board of adjustment after notice of appeal has been filed that by reason of the facts stated in the certificate, a stay would, in their 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 of adjustment or by a court of record on an application on notice to the city council and on due cause shown.

5.

Public Hearing. The zoning administrator shall attempt to notify adjacent property owners within two hundred feet of the property in question by mail before the board of adjustment meeting. Failure to notify one hundred percent of all adjacent property owners shall not stop the board of adjustment from considering the application request or acting on the application. The board of adjustment shall hold a public hearing after legal publication, notice, and a public hearing according to Subsection 17.11.040.A General Procedures, and act on the application.

6.

Board Vote. Within thirty days following the close of the public hearing, the board of adjustment shall render a decision on the appeal based on the merits of the appeal based on their findings of fact and deliberations. Such decision may reverse, affirm, or modify, in whole or in part, the action from which the appeal is taken. Within seven days of such decision or the expiration of such period, a notice of such decision or failure to act shall be mailed by the zoning administrator to all parties entitled to such notice. Decisions by the board of adjustments may be appealed to District Court.

7.

Approval Criteria. The criteria used by the board of adjustment in their decision may include such order or determination as, in the opinion of the board of adjustment, is proper to be made on the premises. To that end, the board of adjustment shall have the same powers and be subject to the same standards and limitations as the zoning administrator or other city official, department, or agency with respect to the action being appealed.

D.

Building Permits. Building permits must be approved before the beginning of construction, defined as the commencement of site work and grading.

1.

Administration. The zoning administrator or their designee shall review, evaluate, and act on all building permits submitted pursuant to this procedure.

2.

Application. To obtain a building permit, the applicant shall apply a form approved by the zoning administrator. Application forms shall include the specific information required to process each type of application.

3.

Procedure. The approval procedures shall follow the most recently adopted IRC/IBC building code for the City of Oskaloosa.

E.

Certificate of Occupancy. It is unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the zoning administrator stating that the proposed use of the building or land conforms to the requirements of this title and other building and health ordinances of the city.

1.

Temporary Certificate. Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued to be valid for a period not to exceed six months from the date of issuance and to permit partial occupancy of the premises during completion of the construction. Such temporary certificates of occupancy shall not be construed as altering the respective rights, duties, or obligations of any other matter covered by this zoning ordinance. Such temporary certificates of occupancy shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.

F.

Comprehensive Plan. Refer to Chapter 2.56 of the Municipal Code. Procedures for adopting a comprehensive plan are set out in Iowa Code, Section 414.3, and the contents of a comprehensive plan may consider the smart planning principles under Iowa Code, Section 18B.

1.

An amendment to the comprehensive plan may be considered prior to or simultaneously with a request to annex property into the city or other development applications in this chapter.

2.

The following criteria shall also be considered to determine whether a comprehensive plan shall be approved or amended:

a.

A proposed future land use map amendment is warranted by changing conditions in the area, or it corrects an error concerning the property's future land use classification at the time of the original plan adoption.

b.

If the future land use map amendment is approved, an adequate supply of land will be permitted in the category being changed.

c.

A proposed plan text amendment furthers the overall goals, objectives, and policies of the comprehensive plan.

d.

A proposed plan text amendment advances a legitimate public need.

e.

A proposed plan text amendment is warranted by changing conditions or a current need.

G.

Conditional Use Permit. The conditional use permit procedure provides for the board of adjustment review and approval of uses within zoning districts with unusual site development or operating characteristics that could adversely affect surrounding properties.

1.

Administration. The board of adjustment shall review, evaluate, and act upon all applications for a conditional use permit submitted pursuant to this section.

2.

Pre-Application Conference. The applicant shall meet with the zoning administrator to discuss the proposal before application. The zoning administrator shall inform the applicant of the advisability of the conditional use permit application.

3.

Application Requirements. An application for a conditional use permit may be filed with the zoning administrator by the owners 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 or required by other sections in this zoning ordinance.

4.

Public Hearing. The zoning administrator shall submit a report of the application to the board of adjustment and elect a reasonable time and place for such hearing, provided, however, that such time shall be within thirty days following the submission of the subject application unless the applicant shall agree to some later time. The zoning administrator shall attempt to notify adjacent property owners within two hundred feet of the property in question by mail before the Board of Adjustment meeting. Failure to notify one hundred percent of all adjacent property owners shall not stop the board of adjustment from considering the application request or acting on the application. The board of adjustment shall act on the conditional use permit after legal publication, notice, and public hearing according to Subsection 17.11.040.A General Procedures.

5.

Criteria for Review. The board of adjustment shall review and act upon the request based on the following established criteria and conformance with applicable regulations in this zoning ordinance:

a.

Will be in harmony with the general purpose, goals, objectives, and standards of the comprehensive plan and this zoning ordinance.

b.

Will not have a substantial, undue, or adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare.

c.

Will be constructed, arranged, or operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations.

d.

Will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services.

e.

Will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

f.

Complies with all additional standards imposed on it by the provisions of the district in which such conditional use may be authorized.

6.

Scope of Board of Adjustment's Approval. At its discretion, the board of adjustment may 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. The board of adjustment shall not grant a conditional use permit for any home occupation/home-based business which is otherwise prohibited under this zoning ordinance.

7.

Decision. The final decision to approve, approve with conditions or deny a conditional use application lies with the board of adjustment by a concurring vote of a majority of all the members, whether present or not. Such decision may be appealed to District Court within thirty days. Failure of the board of adjustment to act within thirty days, or such period as may be agreed to by the applicant, shall be deemed a denial of the application.

8.

Lapse and Revocation of Permit. A conditional use permit shall become void one hundred eighty days 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. 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 conditional use approved under regulations in effect before the effective date of this zoning ordinance shall be considered to have a valid conditional use permit, subject to requirements imposed at the time of its approval.

10.

Change in Approved Condition Use Permits. If a conditional permit is granted under this section's terms, any change in the approved use or site plan shall be resubmitted and considered in the same manner as the original proposal.

H.

Floodplain Development Permit. Applications for development in the floodplain as determined by FEMA Flood Insurance Maps shall follow the procedure in Section 17.05.210 Floodplain Overlay District.

I.

Interpretations. The zoning administrator may render interpretations of any provision of this zoning ordinance or any rule or regulation issued pursuant to it, including whether a use not listed is a subcategory of or substantially similar to an allowed, limited, or conditional use. All questions of interpretation and enforcement shall be first presented to the zoning administrator and shall be subsequently presented to the board of adjustment only on appeal from the decision of the zoning administrator.

1.

Administration. The zoning administrator shall review, evaluate, and act upon all applications for interpretations submitted pursuant to this section.

2.

Application. A request for interpretation of any provision of this zoning ordinance shall be submitted in writing to the zoning administrator. It shall set out the specific provision or provisions to be interpreted, the facts of the specific situation giving rise to the request for an interpretation, and the precise interpretation claimed by the applicant to be correct. Before rendering any interpretation, the zoning administrator may require further facts and information as are, in the zoning administrator's judgment, necessary to a meaningful interpretation of the provision in question.

3.

Approval Criteria. The interpretation shall be based on the plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in Webster's New International Dictionary or other current and authoritative dictionaries, including the context and intent of the applicable ordinance section as related to the comprehensive plan.

4.

Decision. Within fifteen working days following the receipt of a completed request or application for interpretation, the zoning administrator shall inform the applicant in writing of the interpretation. The zoning administrator may consult with the city attorney or other officials, departments, or agencies in drafting the interpretation. The zoning administrator shall state the specific precedent, reasons, and analysis upon which such interpretation is based and shall be communicated to the applicant in writing. The zoning administrator shall reference Section 17.04.110 Land Use Matrix for use interpretations.

5.

Record. The zoning administrator shall keep a record of all interpretations issued as a record of an interpretation of the subject ordinance subsection.

J.

Planned Unit Development. Application and procedures for planning unit developments are listed in Section 17.05.180 Planned Unit Development (PUD).

K.

Sign Permit. A sign permit is required for all permitted signs as set out in Chapter 17.09 Sign Regulations.

1.

Administration. The zoning administrator shall review, evaluate, and act upon all applications for a sign permit submitted pursuant to this section.

2.

Applicability.

a.

A sign permit, approved by the zoning administrator, shall be required before the erection, construction, alteration, placing, or locating of all signs conforming with this title.

b.

A permit shall not be required for a sign on property used exclusively for a single-unit or two-unit residence, repainting without changing permanent wording, composition, or colors, or nonstructural repairs.

3.

Application. The applicant shall submit a sign permit application to the zoning administrator, who will first review the proposed sign in relation to this section's dimensional, locational, and numerical requirements. An application for a sign permit shall be submitted with the following information:

a.

The applicant's name, address, and interest in the subject property.

b.

The name and address of the owner, if different than the applicant, and the owner's signed consent to the application filing.

c.

The street address and common location of the subject property.

d.

Drawings showing the location of the sign and the location and sizes of all other existing signs on the same premises, including the property lines.

e.

Information stating the dimensions, supports, sizes, materials, and type of the sign being proposed.

f.

The zoning administrator may deem other information or documentation necessary or appropriate for a full and proper consideration and disposition of the application.

g.

Application Fees. Each application for a sign permit shall be accompanied by any applicable fees, which shall be established by the City Council from time to time by resolution.

4.

Zoning Administrator Action. Within thirty days of a sign permit application submittal, the zoning administrator shall act on the submittal by approving or denying the application. If the zoning administrator does not act upon the application within thirty days, the application shall be deemed approved. If the application is denied, the reasons for the denial shall be communicated to the applicant in writing, along with any recommendations.

5.

Appeal. Any person or persons aggrieved by the decision of the zoning administrator to approve or disapprove a sign permit, as provided by this title, may appeal such decision to the board of adjustment as provided by Subsection 17.11.040.C Appeals.

L.

Site Plan Review.

1.

Purpose. The site plan review procedure is designed to assure that the design and location of projects with potentially significant effects will conform with the zoning standards of this title and are properly related to and in harmony with the existing and future development of the city.

2.

Administration. The zoning administrator or their designee shall review and provide a recommendation on all site plans. The PZ commission shall evaluate and take final action on all site plans submitted pursuant to this procedure. An applicant may appeal a denial of any application to the city council.

3.

Applicability. Whenever any person, firm, corporation, or other group wishes to develop any tract, lot, or parcel of land in the following areas are subject to the provisions of this section, unless otherwise subject to a conditional use permit procedure for specific zoning districts. This section's provisions and applicable review below shall also apply to the redevelopment, enlargement or extension, or change to subject sites of more than twenty-five percent.

a.

All uses indicated as subject to site plan review (*) in Section 17.04.110 Land Use Matrix.

b.

All non-residential districts and the R-3 district except for residential development of four units or less.

c.

This procedure shall not apply to changes of use or façade improvements within a historic district or property, which will be reviewed for a certificate of appropriateness by the historic preservation commission. The site plan shall contain such information and data as outlined herein.

4.

Pre-Application Conference. Potential applicants must meet with the zoning administrator before applying to discuss the proposal. The zoning administrator shall inform the applicant of the details of the site plan process.

5.

Application. An application for a site plan review may be filed by the owner(s) of a property or the owner's authorized agent with the zoning administrator. 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:

i.

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

ii.

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

iii.

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

iv.

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.

v.

Location of any major site features, including drainage and contours, at no greater than five foot intervals.

vi.

Any other information that may be required for review by the zoning administrator or their designee, such as stormwater management plans, utility plans, landscaping plans, architectural elevations, and off-site improvements.

e.

Decision. The zoning administrator, or their designee, after consultation with other applicable city staff, shall review and make a recommendation to the PZ commission within thirty days of filing to approve, approve with conditions, or deny the site plan based on the criteria below and conformance with applicable regulations in this zoning ordinance.

6.

The PZ commission shall act on each site plan recommendation at the nearest meeting. The PZ commission shall review and approve, approve with conditions, or deny the site plan based on the criteria below and conformance with applicable regulations in this zoning ordinance.

a.

Approval Criteria. The PZ commission (or the city council in cases of appeal) shall make the following findings before approval of the site plan:

i.

Be designed to minimize impacts on the reasonable development expectations or the use and enjoyment of adjacent land or the public interest, consistent with the applicable standards of this zoning ordinance.

ii.

Include adequate circulation to not overwhelm the existing off-site transportation system, create traffic hazards, and safe pedestrian access.

iii.

Protect public health and safety against natural and manmade hazards, which include, but are not limited to, traffic noise, water pollution, and flooding.

iv.

Provide for compatibility between the proposed development, surrounding land uses (existing or planned), and the natural environment.

v.

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

vi.

The site plan conforms to this zoning ordinance and the intent of the comprehensive plan.

7.

Referral. The zoning administrator may refer any building permit or other development application not otherwise requiring a site plan application to the PZ commission, or the PZ commission to the city council, for their review and recommendation to the city council, subject to the public hearing requirements in Subsection 17.11.040.A General Procedures. The PZ commission or city council review shall be made based on the approval criteria above. Referral may be required when, but not limited to:

a.

Discretion is required as to the level of conformity of the site plan with the standards of this zoning ordinance and the policies and objectives of city plans.

b.

The project is of such scale and intensity that it warrants additional public review or professional input and recommendations from other agencies or organizations.

c.

This zoning ordinance specifically states a use requires review by the PZ commission and/or city council.

8.

Modifications. The zoning administrator, or their designee (or the city council in cases of appeal), may recommend, or the PZ commission may require modification of a site plan as a prerequisite for approval based on the approval criteria above. Required modifications may include, but not be limited to:

a.

Additional landscaping or screening.

b.

Installation of erosion control measures.

c.

Improvement of access or circulation.

d.

Rearrangement of structures on the site.

e.

Other modifications deemed necessary by substantial evidence to protect the public health, safety, welfare, community character, property values, and/or aesthetics.

9.

Term. A site plan approval shall become void two years after the date of approval unless the applicant receives a building permit and diligently carries out development prior to the expiration of this period.

10.

Modification. The zoning administrator, or their designee, may approve an application to modify a previously approved site plan if they determine that the modification does not affect findings related to the approval criteria.

11.

Revoking of Approval. The zoning administrator or their designee may revoke a site plan approval if they determine that the development is not complying with the terms and conditions of the approval. Such revocation may be appealed to the board of adjustment.

12.

Effect of Approval. An approval pursuant to this section shall run with the land until the expiration date of such approval. Upon approval, the applicant may proceed with requests for other required approvals or permits.

13.

Resubmittal. If the zoning administrator, PZ commission, or city council denies a site plan application, a new application affecting the same property may be submitted only if substantial change is made in the plans.

M.

Variance. The variance procedure allows relief from the strict application of this zoning 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.

1.

Administration. The board of adjustment shall only have the authority to grant variances from the zoning regulations not reviewed by other bodies. Examples not within the jurisdiction of the board of adjustment include but are not limited to building code variances, variances for non-conformities, variances to state and federal law, and variances that would allow a use in a district in which the use is prohibited.

2.

Application. According to the procedures below, an application for a variance may be filed by the owner or any other person with a contractual interest in the subject property. Applications for a variance shall be submitted to the zoning administrator. The application shall contain the following information:

a.

The applicant's name, address, and interest in the subject property.

b.

The name and address of the owner, if different than the applicant, and the owner's signed consent to the application filing.

c.

The street address, common location, and legal description of the subject property.

d.

The present use and zoning classification of the subject property.

e.

A site plan, drawn to a scale on one or more sheets, illustrating existing structures and the proposed construction, reconstruction, remodeling, alteration, or moving, and including dimensions of property lines, dimensions of building footprints, setback dimensions, building heights, and area of impervious surfaces.

f.

A written statement and evidence supporting the nature and reason for the requested variance, referencing the approval criteria below in item 5.

g.

Other information and documentation as the Zoning Administrator may deem necessary and appropriate to a full and proper consideration and disposition of the application.

3.

Public Hearing. Upon receipt of a completed application, the zoning administrator shall refer it to the board of adjustment for hearing and decision. The zoning administrator shall attempt to notify adjacent property owners within two hundred feet of the property in question by mail before the board of adjustment meeting. Failure to notify one hundred percent of all adjacent property owners shall not stop the board of adjustment from considering or acting on the application request. the board of adjustment shall hold a public hearing after legal publication, notice, and a public hearing according to Subsection 17.11.040.A General Procedures, and act on the application.

4.

Board of Adjustment Vote. The board of adjustment shall make findings that the applicant has met the requirements of this section for a variance.

a.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with these regulations. 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 these regulations and punishable under Chapter 17.12 Violations, Penalties, and Enforcement of this Zoning Ordinance.

b.

Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this zoning ordinance in the district involved or any use expressly or by implication prohibited by these regulations in said district.

c.

No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

d.

Failure of the board of adjustment to act within thirty days shall be deemed a denial of the variance.

e.

The city council may provide for its review of variances granted by the board of adjustment before their effective date. The city 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.

5.

Approval Criteria. The board of adjustment shall authorize no such variance unless it finds that:

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 zoning ordinance.

b.

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

c.

The authorization of such variance will not be of substantial detriment to adjacent property, and the granting of the variance will not change the character of the district.

d.

The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for convenience, profit, or caprice. Failure to yield a reasonable return may be shown by proof that the owner has been deprived of all reasonable beneficial or productive use of the land in question. All beneficial use is said to have been lost where the land is not suitable for any use permitted by this zoning ordinance.

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.

N.

Zoning Map or Ordinance Amendment. The amendment procedures found in this section describe the methods by which changes may be made in the text of the zoning ordinance codified in this title (text amendment) and/or the official boundaries of zoning districts (rezoning).

1.

Initiation. The city council may from time to time, on its own motion or petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or text regulations or restrictions established in this zoning ordinance. Any proposed amendment, supplement, change, modification, or repeal shall be filed with the city clerk.

2.

Application. Such proposed amendment, supplement, modification, or change shall be filed with the zoning administrator in such form and contain such information as shall be prescribed from time to time by the zoning administrator but shall, in all instances, contain at least the following:

a.

The applicant's name, address, and interest in the subject property.

b.

Owner, address, and legal description of the property (shall be verified with a certified copy of the last deed or document of record from the Mahaska County Register of Deed's Office).

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 approving agencies.

3.

Zoning Map Amendment Petition. When the proposed zoning map amendment, supplement, modification, or change is by petition, it shall be duly signed by the owners of fifty percent of all real estate included within the boundaries of the area petitioned for change and in addition, be duly signed by the owners of fifty percent of the area of all real estate lying outside of said tract, but within two hundred fifty feet of the boundaries thereof, intervening streets and alleys not to be included in computing such two hundred fifty feet. The city council shall refer the proposed amendment, supplement, change, modification, or repeal to the PZ commission for its recommendations and report.

4.

Referral. The zoning administrator shall refer the application to the PZ commission and other affected public or private utilities by the zoning administrator within thirty days following the application submission unless the applicant agrees to some later time.

5.

PZ Commission Public Hearing. The PZ commission, after legal publication, notice, and a public hearing according to Subsection 17.11.040.A General Procedures. For a map amendment, the zoning administrator shall attempt to notify adjacent property owners within two hundred feet of the property in question by mail before the PZ commission meeting. Failure to notify one hundred percent of all adjacent property owners shall not stop the PZ commission from considering the application request or acting on the application.

a.

Notice by Posted Sign. A notice shall be posted in a conspicuous place on or near the property upon which a zoning map amendment 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 placed upon such premises that is easily visible from the street and posted at least ten days before the date of such hearing. It is unlawful for any person to remove, mutilate, destroy, or change such posted notice before such hearing.

6.

PZ Commission Report. Following such public hearing, the PZ commission shall recommend action to approve, approve with conditions, or deny the application. A vote for or against an amendment by a majority of all PZ commission members shall constitute a recommendation to the city council. If the PZ commission makes no report within thirty days from the hearing, unless requesting additional information from the applicant or zoning administrator, it shall be considered to have made a report approving the proposed amendment, supplement, or modification.

7.

City Council Public Hearing. After the recommendations and the report of the PZ commission have been filed, the city council shall, before enacting any proposed amendment, supplement, change, modification, or repeal, hold a public hearing in relation thereto, after legal publication, notice, and a public hearing according to Subsection 17.11.040.A General Procedures.

8.

City Council Vote. Within thirty days of receiving the report of the PZ commission, the city council shall approve, approve with conditions, or deny the application. If the PZ commission recommends against, or if a protest against such proposed amendment, supplement, change, modification, or repeal is presented in writing to the clerk, duly signed by the owners of twenty percent or more either of the area of the lots included in such proposed change, or by the owners of twenty percent or more of the property which is located within two hundred feet of the exterior boundaries of the property for which the change or repeal is proposed, the change or repeal shall not become effective except by the favorable vote of at least three-fourths of all the members of the city council.

9.

Approval Criteria. The PZ commission may recommend approval, and city council may grant the approval of a zoning map or text amendment request if it is demonstrated that:

a.

The proposed amendment is preferable to the existing zoning or text in terms of its likelihood of advancing the comprehensive plan's goals, objectives, policies, or another adopted land use or area plan, including but not limited to redevelopment plans.

b.

The proposed amendment is consistent with the future land use map of the comprehensive plan (a future land use map amendment may be processed concurrently with the zoning map amendment).

c.

The proposed amendment is consistent with implementing existing or pending plans for providing streets, water and wastewater, other utilities, and delivering public services to the area in which the parcel proposed for a zoning map amendment is located.

d.

The range of uses and the character of development that is allowed by the proposed amendment will be compatible with the properties in the immediate vicinity of the parcel proposed for a zoning map amendment, and the parcel proposed for a zoning map amendment has sufficient dimensions to accommodate reasonable development that complies with the requirements of this zoning ordinance, including parking and buffering requirements.

e.

The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed zoning map amendment to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.

f.

Is consistent with the stated purposes of this zoning ordinance.

10.

Extension of the Extra-Territorial Jurisdiction. Upon the automatic extension of the zoning jurisdiction upon annexation, the city council, with the recommendation of the PZ commission, shall zone properties within the newly annexed areas concurrent with the adoption of the annexation ordinance. The zoning shall consider the comprehensive plan and the present use of the land.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

Fees. The city council shall from time to time, establish fees by resolution for the processing and review of the various applications that this zoning ordinance requires.

1.

The fees shall be reasonable but shall not exceed the actual costs to review the applications.

2.

The city council may provide for a flat fee, plus require the reimbursement of extraordinary costs to the city that are necessitated by an application, such as fees for expert technical review or advice from consultants.

3.

Fees are nonrefundable once an application is deemed complete by the zoning administrator.

(Ord. No. 1465, § 2(Att.), 9-11-2023)