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Oxford City Zoning Code

CHAPTER 3

ADMINISTRATION; GENERAL PROVISIONS

10-3-1: ADMINISTRATIVE OFFICER:

   A.   Officer Designated; Assistance: An administrative officer designated by the city council shall administer and enforce this title. He or she may be provided with the assistance of such other persons as the city council may direct.
   B.   Enforcement Duties: If the administrative officer shall find that any of the provisions of this title are being violated, he 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 shall order discontinuance of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or to prevent violation of its provisions.
   C.   Appeal Decisions Of Administrative Officer: Appeals from any decision of the administrative officer may be taken to the board of adjustment as provided in subsection 10-4-6B of this title. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)

10-3-2: PERMITS AND FEES:

   A.   Construction Permit: No buildings shall hereafter be erected, reconstructed or structurally altered nor shall any work be started upon same until a construction permit for same has been issued by the administrative officer, which permit shall state that the proposed building complies with all provisions of this title. This permit is valid for one year following issuance for single-family, multi-family, commercial and industrial structures. At the end of the one year period, the applicant may purchase a onetime, three (3) month extension on the permit for a fee that will be established from time to time by resolution of the city council.
   B.   Fees: The administrative officer is directed to issue permits, under this title, for the construction or alteration of residential, commercial or industrial buildings, and to charge fees therefor in such amounts as may be established from time to time by resolution of the city council. Such fees as are required shall be credited to the general fund of the city. Building permits shall be issued without charge, however, to:
      1.   The United States government or any political subdivision thereof; and
      2.   The state of Iowa or any political subdivision thereof; and
      3.   To any religious group for the construction of a church or parochial school. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)

10-3-3: APPLICATION OF DISTRICT REGULATIONS:

   A.   Regulations Uniformly Applied: The regulations set by this title shall apply uniformly within each district to each class or kind of structure or land, except as hereinafter provided.
   B.   All Uses And Structures To Conform: No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
   C.   Height, Density Or Yards To Apply: No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, or to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required or in any other manner contrary to the provisions of this title.
   D.   Separate Yards, Open Space And Off Street Parking Required: No part of a yard, or other open space, or off street parking or loading space required about or in connection with any building for the purposes of complying with this title, shall be included as a part of a yard, open space, or off street parking, or loading space similarly required for any other building.
   E.   Minimum Yards And Lot Areas Not To Be Reduced: No yard or lot existing at the time of the effective date hereof shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements established by this title. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)

10-3-4: INTERPRETATION OF PROVISIONS:

In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing higher standards, shall govern. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)

10-3-5: CHANGES AND AMENDMENTS:

   A.   Procedure:
      1.   Public Hearing; Report; Notice: The regulations imposed and the districts created by this title may be amended from time to time by the city council, but no such amendments shall be made without public hearing before the city council and after a report upon the amendment from the planning and zoning commission. If the planning and zoning commission makes no report within thirty (30) days from the date of passage of the council's motion referring the matter to the planning and zoning commission, the city council may proceed with a public hearing without such report or recommendation. At least seven (7) days' notice of the time and place of such hearing shall be given according to the requirements for public hearings in the Iowa Code for cities the size of Oxford.
      2.   Conditions For Adoption Of Amendment: In the event that one or more of the following events should occur, such amendment shall not be passed except by the favorable vote of at least four-fifths (4/5) of all members of the city council:
         a.   The planning and zoning commission recommends disapproval of the change; or
         b.   A protest against such change is filed with the city council and signed by the owners of twenty percent (20%) or more of the area of the lots included in the proposed change; or
         c.   A protest against such change is filed with the city council and signed by the owners of twenty percent (20%) or more of the lots immediately adjacent in the rear of the lots to be rezoned extending the depth of one lot or not to exceed two hundred feet (200') therefrom; or
         d.   A protest of such change is filed with the city council and signed by owners of twenty percent (20%) or more of the lots directly opposite the lots to be rezoned, extending the depth on one lot or not to exceed two hundred feet (200') from the street frontage of such opposite lots.
   B.   Form Of Rezoning Application: An application for rezoning shall contain the following items:
      1.   The legal description and local address of the property.
      2.   The present zoning classification and the zoning classification requested for the property.
      3.   The existing use and proposed use of the property.
      4.   The names and addresses of the owners of all property within two hundred feet (200') of the property for which the change is requested.
      5.   A statement of the reasons why the applicant feels the present zoning classification is no longer valid.
      6.   A plat or site plan showing the locations, dimensions, and use of the applicant's property and all property within two hundred feet (200') thereof, including streets, alleys, railroads, and other physical features. The following will also be required on the aforementioned site plan:
         a.   North arrow and scale.
         b.   Size and location of existing and proposed structures and drives on the subject property, and existing structures and drives on surrounding properties.
         c.   Name and address of landowner.
         d.   Date of preparation of the plan.
   C.   Application Fee: Before any action is taken upon an application as provided in this title, the applicant shall pay to the administrative officer a fee in such amount as may be established by resolution of the city council. The administrative officer shall forthwith pay over such fees to the credit of the general fund of the city. The failure to approve an application for rezoning shall not be construed as any reason for refunding the fee to the applicant. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)

10-3-6: SEVERABILITY:

   A.   This title and the various parts, sections, subsections and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, subsection, section or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of this title shall not be affected thereby.
   B.   If any part, sentence, paragraph, subsection, section or clause is adjudged unconstitutional or invalid as applied to a particular property, building or other structure, it is hereby provided that the application of such portion of this title to other property, buildings or structures shall not be affected thereby.
   C.   Whenever any condition or limitation is included in an order authorizing any conditional use permit, variance, grading permit, zoning compliance permit, certificate of occupancy, site plan approval or designation of nonconformance, it shall be conclusively presumed that the authorizing officer or body considered such condition or limitation necessary to carry out the spirit and purpose of this title or the requirement of some provision hereof, and to protect the public health, safety and welfare, and that the officer or board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)

10-3-7: REPEALING CLAUSE:

The existing zoning regulations of the city, as amended, are hereby repealed. The adoption of this title, however, shall not affect nor prevent any pending or future prosecution of, or action to abate, any existing violation of said existing zoning regulations of the city, as amended, if the violation is also a violation of the provisions of this title. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)

10-3-8: VIOLATIONS; PENALTIES:

   A.   Penalty Imposed: Any person who shall violate or fail to comply with the provisions of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code, and may be required to pay all costs and expenses involved in the prosecution of the violation. Alternatively, any person who shall violate or fail to comply with the provisions of this title shall be guilty of a municipal infraction pursuant to Iowa Code section 364.22. Each day such violation continues shall constitute a separate offense. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994; amd. 2015 Code)
   B.   Owners And Tenants Liable: The owner, or tenant of any building, structure, land or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation or fails to comply with any provision of this title may each be charged with a misdemeanor or municipal infraction and, upon conviction, suffer the penalties provided herein in the event a misdemeanor is charged and the penalties contained in Iowa Code section 364.22, if a municipal infraction is charged. Each day such violation continues shall constitute a separate offense.
   C.   Additional Remedies; Abatement: If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or if any building, structure or land is used in violation of this title, the city may, in addition to other remedies, institute an injunction, mandamus, or other appropriate lawful action necessary to prevent, correct or abate such violation. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)