Effective on: 1/1/1901

Effective on: 1/1/1901

1. Change of Use Permit.  No change of use shall be made in any building or part thereof, now or hereafter erected or structurally altered, without a permit being issued therefor by the Zoning Administrator.  No permit shall be issued to make a change unless the changes are in conformity with provisions of the Zoning Ordinance.  Nothing in this section shall prevent the continuance of a nonconforming use as authorized in the Zoning Ordinance, unless discontinuance is necessary for the safety of life or property.
2. Applications.  Applications for Certificates of Occupancy shall be applied for coincidentally with the application for a building permit and shall be issued within ten (10) days after the lawful erection or alteration of the building is completed.  A record of all certificates shall be kept on file in the office of the Zoning Administrator, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.  No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made for a Certificate of Occupancy, and no building or premises shall be occupied until that certificate is issued.
3. Nonconforming Uses.  A Certificate of Occupancy is required of all nonconforming uses.  Application for a certificate for nonconforming uses shall be filed with the Zoning Administrator within twelve (12) months from the effective date of the Zoning Ordinance, accompanied by affidavits of proof that such nonconforming use was not established in violation of previous ordinances.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. Request by Petition. Whenever any person desires that any amendment, or change be made in the Zoning Ordinance, including the text and/or map, as to any property covered by the Zoning Ordinance, and there is presented to the Council a petition requesting such change or amendment and clearly describing the property and its boundaries as to which the change or amendment is desired, duly signed by the owners of fifty percent (50%) of the area of all real estate included within the boundaries of said tract as described in said petition, and in addition, duly signed by the owners of fifty percent (50%) of the area of all real estate lying outside of said tract but within two hundred (200) feet of the boundaries thereof, and intervening streets and alleys not to be included in computing such two hundred (200) feet, it is the duty of the Council to receive and refer the request to the Zoning Commission for its review and consideration at a duly noticed public hearing in accordance to the Commission’s rules of procedures.  The findings and recommendations of the Zoning Commission shall then be forwarded to the City Council for consideration and action. 
2. City Council Referral.  The owner of a property may submit a written request to the Zoning Administrator for their property to be rezoned.  If the requested rezoning is not consistent with the adopted Comprehensive Plan, the property owner may further request the Comprehensive Plan be amended as part of the requested rezoning.  The Zoning Administrator will then present this request to the City Council, who, at their discretion, may adopt a motion to refer the request to the Zoning Commission for consideration at a duly noticed public hearing in accordance with their procedures.  The findings and recommendations of the Zoning Commission shall then be forwarded to the City Council for consideration and action.  The City Council may further by motion forward their own request to the Zoning Commission to review and consider an amendment to the adopted Comprehensive Plan, the rezoning of a given property or properties, or amendments to the zoning regulations. 
3. Zoning Commission Disapproval or Protest Petition.  In case the proposed amendment, supplement or change is disapproved by the Zoning Commission, or a protest is presented duly signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof, extending the depth of one lot or not to exceed two hundred (200) feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of at least three-fourths (¾) of all members of the Council.  Whenever any petition for amendment, supplement or change of the zoning districts or regulations herein contained or subsequently established has been denied by the Council, then no new petition covering the same property or the same property and additional property shall be filed with or considered by the Council until one year shall have elapsed from the date of filing of the first petition.
4. Filing Fees.  Before any action is taken as provided in this section, the owner or owners of the property requesting the proposed changed in the district regulations or district boundaries shall pay to the City Clerk the fee as established by resolution of the City Council.

Effective on: 1/1/1901

1. To issue all permits and certificates required by the Zoning Ordinance.
2. To notify in writing the person responsible for any violations of any of the provisions of the Zoning Ordinance, indicating the nature of the violation and ordering the action necessary to correct it.
3. To order discontinuance of illegal use of land, buildings, or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done, or take any other action authorized by the Zoning Ordinance to ensure compliance with or to prevent violation of its provisions.

The Community Planning Director shall be the Zoning Administrator until changed by the Council.  The Council may delegate the powers and duties of the office of Zoning Administrator to any other officer or employee of the City or may combine the powers and duties of this office with any other office or position.

Effective on: 1/1/1901

1. 1.
   Meetings.  The meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine.  Such Chairperson or, in the absence of the Chairperson, the acting Chairperson may administer oaths, subpoena witnesses and compel the attendance of witnesses.  All meetings of the Board shall be open to the public.  The Board 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 City Clerk and shall be a public record.  The presence of three (3) members is necessary to constitute a quorum.
2. 2.
   Appeals.  Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Zoning Administrator.  Such appeal shall be taken within ten (10) days by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof.  The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken.  An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board, after notice of appeal shall have been filed with the Zoning Administrator, that by reason of the facts stated in the certificate, a stay would, in the Administrator’s 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 or by a court of record on application, on notice to the Zoning Administrator and on due cause shown.  The Board shall fix a reasonable time for the hearing on the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time.  At the hearing any party may appear in person or by agent, or by attorney.  Before an appeal is filed with the Board of Adjustment, the appellant shall pay to the City Clerk the fee as established by resolution of the City Council.
3. 3.
   Power and Duties.  The Board shall have the following powers and duties:

   1. A.
      To hear and decide appeals where it is alleged there is an error in any order, requirements, decision or determination made by the Zoning Administrator in enforcement of the Zoning Ordinance.
   2. B.
      To review and consider requests for variances from the terms of this Zoning Ordinance pursuant to Section 414.12 of the Iowa Code. The following shall be required:

      1. 1.
         Application – Application form and applicable fee established by resolution of the City Council; the specific provision(s) of this Ordinance from which the variance is requested; the reason(s) by which the variance request is justified due to unique circumstances or special conditions on the subject property; how the requested variance will meet the general purpose and intent of this Zoning Ordinance if granted; any pending Building, Zoning, or Development Permit to which the requested variance is related; and the proposed findings addressing the applicable variance standards for the request. 
      2. 2.
         Procedure – The Variance Application shall be reviewed by the Zoning Administrator, or their designee, for completeness. Incomplete applications shall be returned to the applicant with a list of the missing items or details. Applications deemed complete shall be distributed to other city departments and other agencies as necessary for review and comment as to its compliance with all zoning regulations and other pertinent city codes, regulations, and policies. 
      3. 3.
         Review by Board of Adjustment – Following the review by the Zoning Administrator and other city departments and agencies, the Zoning Administrator, or their designee, shall submit to all members of the Board a copy of the Variance Application along with a written analysis of the request and its conformity with the rules and regulations of the city. The Board shall subsequently hold a duly noticed public hearing as prescribed by their rules of procedures and review the Application and its conformity with the zoning regulations and standards. The Board may approve, approve with conditions, or deny the Variance Application.  
      4. 4.
         Findings for Approval – No variance to the strict application of any provision of this Zoning Ordinance shall be granted by the Board of Adjustment unless an applicant demonstrates that the following elements are present: 

         1. a.
            Pursuant to Iowa Code Ch. 414.12 (4), any variance to the terms of this Zoning Ordinance with respect to the area, dimensional, or other numerical limitations, including, but not limited to, requirements for minimum lot size, setbacks, yard widths, height, bulk, sidewalks, fencing, signage, and off-street-parking, shall be subject to the following review standards:

            1. (i)
               A literal enforcement of the referenced provision will result in practical difficulties to the property owner in making a beneficial use of the subject property as allowed by this zoning ordinance; and
            2. (ii)
               The practical difficulties are unique to the property at issue and not self-created; and
            3. (iii)
               Granting the variance will not significantly alter the essential character of the locality and surrounding neighborhood.
         2. b.
            Pursuant to Iowa Code Ch. 414.12 (3), any other variance request shall require an applicant to demonstrate that an unnecessary hardship exists due to the following three-pronged set of requirements:

            1. (i)
               The land in question cannot yield a reasonable return if used only for a purpose allowed in the zoning district under which it is regulated; and
            2. (ii)
               The plight of the landowner is due to unique circumstances and not to general conditions in the neighborhood, which may reflect the unreasonableness of the ordinance itself; and
            3. (iii)
               Granting the variance will not alter the essential character of the locality and surrounding neighborhood.
         3. c.
            In order to approve either type of Variance Application described herein Subsection 4a. and 4b., the applicant must demonstrate, and the Board must find, that each of the following approval criteria are met:

            1. (i)
                The requested variance will not be contrary to the public interest;
            2. (ii)
               Where owing to special conditions, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or whereby reason of exceptional topographical conditions or other extraordinary or exceptional situation, a literal enforcement of the referenced provisions of this zoning ordinance will result in practical difficulties or unnecessary hardships; and
            3. (iii)
               The spirit of this zoning ordinance shall be observed and substantial justice done.
      5. 5.
         Conditions of Variance Approval – In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of any such conditions and safeguards shall be deemed a violation of this Chapter. Under no circumstances shall the Board 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 the terms of the Zoning Ordinance in the said district.
      6. 6.
         Expiration of Variance Approval – If relevant and applicable, the Board may assign a variance to run with the subject property, to run with an applicant or development, or prescribe a time limit within which the action for which the variance is requested shall begin or be completed, or both.  Failure to begin or complete, or both, such action within the time limit shall void the variance.  If the Board does not tie the variance approval to the property or set a time limit, if relevant to the variance, then the granted variance shall become void eighteen months after the date of the Board approval unless a building permit has been issued for the construction provided for by the variance.  In the event the building permit for the construction provided for by the variance expires or is canceled, then the variance approval shall be considered null and void.

      (Ord. No. 962, 10/14/2025)

   3. C.
      To hear and decide only such special exceptions as the Board is specifically authorized to pass on by the terms of this Code of Ordinances, to decide such questions as are involved in determining whether special exceptions should be granted and to grant special exceptions with such conditions and safeguards as are appropriate under the Zoning Ordinance, or to deny special exceptions when not in harmony with the purpose and intent of the Zoning Ordinance.  A special exception shall not be granted by the Board unless and until:

      1. 1.
         A written application for special exception is submitted indicating the applicable chapter or section of the Zoning Ordinance under which the special exception is sought and stating the grounds on which it is requested. 
      2. 2.
         Notice of public hearing shall be given.  The owner of the property for which special exception is sought or any agent and any other affected property owners shall be notified by mail.  Any party may appear in person or by agent or attorney at the public hearing.
      3. 3.
         The Board shall make a finding that it is empowered under the section of the Zoning Ordinance described in the application to grant the special exception, and that so granting it will not adversely affect the public interest.  Furthermore, in order to approve a special exception, the following findings shall be made that the special exception will be:

         1. a.
            Compatible with the principals and objectives of the City’s Comprehensive Plan.
         2. b.
            Compatible with the uses permitted in the zoning district under which it is regulated.
         3. c.
            Compatible with existing or planned uses of nearby properties.
         4. d.
            Will not endanger public health or safety.
      4. 4.
         In granting any special exception, the Board may prescribe appropriate conditions and safeguards in conformity with the Zoning Ordinance.  Violations of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of the Zoning Ordinance and punishable under Section 166.08.  The Board may prescribe a time limit within which the action for which the special exception is required shall begin or be completed, or both.  Failure to begin or complete, or both, such action within the time limit shall void the special exception.  If no time limit is set by the Board, then the special exception shall become void eighteen months after the date of the Board approval unless a building permit has been issued for the construction provided for by the special exception.  In the event the building permit for the construction provided for by the special exception expires or is canceled, then the special exception shall become void.
   4. D.
      To review and consider approval of a Conditional Use Permit for a Conditional Use as identified Use Matrix (Table of Allowable Uses) contained in CHAPTER 167 of the Zoning Regulations.  The following shall be required:

      1. 1.
         Conditional Use Permit Application - A site plan (including number of copies), application form, and any additional information and details as specified and required by the Zoning Administrator as necessary to determine compliance with all applicable codes and requirements shall be submitted to the Zoning Administrator along with the Conditional Use Permit Application fee as established by resolution of the City Council.   
      2. 2.
         Conditional Use Permit Procedure - The Conditional Use Permit Application shall be reviewed by the Zoning Administrator, or their designee, for completeness.  Incomplete applications shall be returned to the applicant with a list of the missing items or details.  Applications deemed completed shall be distributed to other city departments and other agencies as necessary for review and comment as to its compliance with all zoning regulations and other pertinent city codes, regulations, and policies. 
      3. 3.
         Conditional Use Permit Review by Board of Adjustment - Subsequent to review by the Zoning Administrator and other city departments and agencies, the Zoning Administrator, or their designee, shall submit to all members of the Board a copy of the Conditional Use Permit Application along with a written recommendation as to the application’s conformity with the rules and regulations of the city.

         The Board shall subsequently hold a duly noticed public hearing as prescribed by their rules of procedures and review the Application for conformity with the zoning regulations and standards. The Board may approve, approve with conditions, or deny the Conditional Use Permit Application.

      4. 4.
         Findings for Approval - In order to approve a Conditional Use Permit, the Board shall make the following findings:

         1. a.
            The proposed use, site improvements, and site plan comply with the minimum requirements of the zoning district in which it is proposed to be located;
         2. b.
            The property is of adequate size to accommodate the proposed use and site improvements including setbacks, open space, stormwater management, and off-street parking;
         3. c.
            The proposed use and site improvements will not unduly impact the health, safety, and general welfare of persons residing or working in adjoining property or surrounding area;
         4. d.
            The proposed use and site improvements shall not unduly increase traffic congestion;
         5. e.
            The proposed use and site improvements will not unduly burden public utilities or increase risk to flooding;
         6. f.
            The proposed use and site improvements are compatible with the surrounding neighborhood and shall not diminish or impair established property values in adjoining or surrounding property; and,
         7. g.
            The issuance of the Conditional Use Permit will not endanger, jeopardize or harm the health, safety or welfare of the properties and the community.
      5. 5.
         Expiration of Conditional Use Permit Approval - All Conditional Use Permit approvals shall expire and terminate eighteen months after the date of the Board approval unless a building permit has been issued for the construction provided for in the related site plan.  In the event the building permit for the construction provided for in the related site plan expires or is canceled, then such site plan approval shall thereupon terminate.
4. 4.
   Decisions of the Board.

   1. A.
      In exercising the above powers, the Board may, in conformity with the provisions of law, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as it believes proper, and to that end shall have all of the powers of the Zoning Administrator.  The concurring vote of three (3) of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter on which it is required to pass under this chapter.
   2. B.
      No act of the Board shall become effective until after the decision of the Board has been filed.  Such decision may be contained within the minutes of the Board.
   3. C.
      Each variance granted by the Board shall contain a date upon which it shall be effective.
   4. D.
      Every variance, special exception, or Condition Use Permit granted or denied by the Board shall be supported by a written testimony or evidence submitted in connection therewith.
   5. E.
      Any taxpayer, or any officer, department, board or bureau of the City, or any person or persons jointly or severally aggrieved by any decision of the Board may present to a court of record a petition, pursuant to Iowa Code 17A.19, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality.  Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board.
5. 5.
   Vacancies.  Vacancies will occur in said Board on the death, resignation, or failure to meet residency requirements of any member of said board.  If any member fails to attend at least 75% of the official meetings in one year an automatic vacancy will exist on said board.  A member may have only one excused absence per year.  The excused absence shall only be granted by the Chairperson of the Board.  When a vacancy occurs, the vacancy will then be filled in the same manner as the original appointment for the remainder of the unexpired term.

Effective on: 10/14/2025

Effective on: 1/1/1901

Effective on: 1/1/1901

1. Nonconforming Use of Land in Residential District. The lawful use of land upon which no building or structure is erected or constructed which becomes nonconforming under the terms of the Zoning Ordinance as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provisions:
   1. No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the Zoning Ordinance.
   2. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel which was not occupied by such use at the effective date of adoption or amendment of the Zoning Ordinance.
   3. If any such nonconforming use of land ceases for any reason for a period of more than six (6) months, any subsequent use of such land shall conform to the district regulations for the district in which such land is located.
2. Nonconforming Use of Structures in Residential Districts.  If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Zoning Ordinance that would not be allowed in the district under the terms of the Zoning Ordinance, the use may be continued so long as it remains otherwise lawful, subject to the following:
   1. No existing structure devoted entirely or in part to a use not permitted by the Zoning Ordinance in the district in which it is located, except when required by law, shall be enlarged, extended, reconstructed, moved or structurally altered, unless the use is changed to a use permitted in the district in which such structure is located.
   2. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the Zoning Ordinance. No such use shall be extended to occupy any land outside such building.
   3. If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of a similar nature within the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.
   4. In the event that a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for a period of two (2) years, the use of the same shall thereafter conform to the uses permitted in the district in which it is located. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
   5. Any structure devoted to a use made nonconforming by the Zoning Ordinance that is destroyed by any means to an extent of sixty percent (60%) or more of its replacement cost at the time of destruction, exclusive of the foundations, shall not be reconstructed and used as before unless it can be rebuilt within six (6) months of such happening, and be built of like or similar materials.
3. Nonconforming Structures in Residential Districts. Where a structure exists at the effective date of adoption or amendment of the Zoning Ordinance that could not be built under the terms of the Zoning Ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such may be continued so long as it remains otherwise lawful.
4. Nonconforming Use of Land in Other Than Residential District. The regulations described in subsection 1 of this section also apply to this subsection, with the following exception: Any structure in any district other than a residential district devoted to a use made nonconforming by the Zoning Ordinance may be structurally altered or enlarged in conformity with the lot area, lot coverage, frontage, yard, height, and parking requirements of the district in which it is located, provided such construction shall be limited to buildings on land owned, of record, by the owner of the land devoted to the nonconforming use prior to the effective date of the Zoning Ordinance. Such structural alteration or enlargement shall not authorize the substitution of a nonconforming use that is less restrictive than the one to which the structure was devoted at the time of passage of the Zoning Ordinance.
5. Nonconforming Structures in Other Than Residential District. The regulations described in subsection 2 of this section also apply to this subsection.
6. Required Repairs and Unauthorized Nonconformities. Nothing in the Zoning Ordinance shall be deemed to prevent the restoring of a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. Any use of land, use of structure, or structure, in existence at the time of adoption of the Zoning Ordinance which was not an authorized nonconformity under any previous zoning ordinance or similar regulations shall not be authorized to continue its nonconforming status pursuant to the Zoning Ordinance or amendments thereto.

Effective on: 12/31/2019