1.   Intent. This section is established to protect and promote health, safety, general welfare, and order within the City through the establishment of comprehensive and uniform standards, regulations, and procedures governing the type, number, size, structure, location, height, lighting, erection, use or display of devices, signs, or symbols serving as a visual communications media to persons situated within or upon public rights-of-way or private property. The provisions of this section are intended to encourage the opportunity for effective, aesthetically compatible, and orderly communications by reducing confusion and hazards resulting from unnecessary or indiscriminate use of communications facilities. Hereafter no sign shall be erected, constructed, altered, or modified except as regulated by the provisions of this section.

2.   Definitions. The following terms, for the purposes of this section shall have the meaning stated herein:

   A.   “Address sign” means a sign communicating street address only, whether written or in numerical form.

   B.   “Campaign sign” means a temporary sign promoting the candidacy of a person running for a governmental office or promoting an issue to be voted upon at a governmental election.

   C.   “Construction sign” means a sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier, or others involved.

   D.   “Directional sign” means a sign erected on public or private property which bears the address and name of a business, institution, church, or other use or activity plus directional arrows or information on location.

   E.   “Flashing, sign” means any illuminated sign that has artificial light or color which is not maintained at a constant intensity or color when such sign is in use. A sign providing public service information, such as time, weather, date, temperature or similar information, shall not be considered a flashing type sign.

   F.   “Governmental sign” means a sign which is erected by a governmental unit.

   G.   “Information sign” means any sign giving information to employees, visitors, or delivery vehicles but containing no advertising or identification.

   H.   “Nonconforming sign” means a sign which lawfully existed at the time of the passage of these regulations or amendments thereto but which does not conform to the provisions of this chapter.

   I.   “Real estate sign” means a business sign placed upon a property advertising that particular property for sale, for lease, or for rent.

   J.   “Sign” means the use of any words, numerals, pictures, figures, devices, or trademarks by which anything is made known such as are used to show an individual, firm, profession, or business, and are visible to the general public.

   K.   “Sign area” means that area within the marginal lines of the surface which bears the advertisement or, in the case of messages, figures, or symbols attached directly to the part of a building, that area which is included in the smallest connecting geometric figures which can be made to circumscribe the message, figure, or symbol displayed thereon. Only changeable copy areas of marquee or canopies shall be considered in determining the total sign area.

   L.   “Sign structure” means the supports, uprights, bracing and framework for a sign including the sign area.

   M.   “Temporary sign” means any sign which is erected or displayed for a specific period of time.

   N.   “Wall sign” means a sign which is affixed to the exterior wall or mansard roof of a building and which is parallel to the building. Wall signs are also referred to as “flush mounted signs.”

3.   Requirements. Billboards and signs in conjunction with the principal permitted uses are allowed subject to the following regulations.

   A.   RS-90, RD-60 and RG-20 Districts:

      (1)   Flashing type signs are prohibited.

      (2)   Only one permanent type sign intended to be read from off the premises will be allowed for each principal use.

      (3)   Non-residential uses will be limited to a sign not to exceed six square feet.

      (4)   The following sign types are permitted:

 

 

   B.   Highway Service Business District:

      (1)   Flashing type signs are prohibited.

      (2)   Billboard type signs will be limited to 100 square feet and must not impair sight distance or create a traffic hazard.

      (3)   Highway service businesses may be permitted one independent structure located no more than 150 feet from the principal building. The independent sign must not have an area in excess of 100 square feet.

      (4)   The following sign types are permitted:

 

 

   C.   CGB District:

      (1)   Flashing type signs are prohibited.

      (2)   The following signs types are permitted:

 

 

4.   Special Exceptions. In all districts, for uses permitted as special exceptions, signs will be allowed only through Board of Adjustment approval.

5.   Additional Regulations. In all districts, signs and billboards shall adhere to pertinent State regulations and other local ordinances.

6.   General Sign Provisions.

   A.   Hazardous Signs. No sign permitted by this chapter shall, by reason of its location, lighting, size, color, or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as “stop,” “caution,” “ warning,” etc., unless such sign is intended to direct traffic within a premises.

   B.   Sign Maintenance. All signs and sign structures shall be properly maintained and kept in a safe, orderly condition. In addition, all parts and supports shall be properly painted. Any sign or sign structure which is rotted, unsafe, deteriorated, defaced, or otherwise altered shall be repainted, repaired, or replaced by the property owner or agent of the owner of the property upon which the sign is located, after written notice by the City.

   C.   Interference. No sign, nor any guys, stay, or attachment thereto, shall be erected, placed, or maintained by any person on rocks, fences, or trees; nor in such a manner as to interfere with the effective use of fire fighting equipment or personnel, or any electric light, power, telephone, telegraph, or TV cable wires or supports thereof.

   D.   Signs in Right-of-Way. No sign other than government signs shall be erected or temporarily placed within any public rights-of-way except as may be specifically provided herein.

   E.   Temporary Signs. The temporary use of portable or moveable signs, search lights, banners, pendants, and similar devices shall be allowed in excess of and in addition to the sign limitations of this section for continuous periods of 10 consecutive days. No business proprietor shall be allowed more than six such periods in any calendar year.

   F.   Clearance. All signs located over public rights-of-way or private access route (sidewalk, mall, etc.) shall be located a minimum of 12 feet above grade level.

   G.   Safe Ingress and Egress. No sign or part thereof shall be erected or maintained so as to prevent or deter free ingress or egress from any door, window, or fire escape. No sign or sign structures shall be attached to a standpipe or fire escape.

   H.   Signs Required by Law. All signs required by law shall be permitted in all districts.

   I.   Obsolete Signs. Obsolete signs which advertise an activity, business product, or service which is no longer produced or conducted on the premises, shall be removed within 90 days from date of notice provided by the City. The owner of the property on which the sign is located shall remove any such sign. If after the expiration of the 90 day period, the sign has not been removed, the City may cause the sign to be removed and any expenses may be charged back to the property owner.

   J.   Illumination. All externally illuminated signs shall be constructed to direct the source of light away from adjacent properties or public streets or ways.

   K.   Animated Signs. Animated signs may be allowed as a special exception requiring a hearing before the Board of Adjustment.

   L.   Double Frontage. Lots having frontage on two streets or on a street and an alley shall be permitted to provide the maximum number and square footage of signs on each of the opposite ends of said lot, provided however, that not more than the maximum number of square feet of sign per frontage may be viewed simultaneously.

   M.   Permit Required. No sign except permitted signs as identified herein shall be erected, altered, constructed, or modified without first receiving a valid sign permit from the City. Temporary signs shall be exempt from the permit requirements.

   N.   Sign Permit Application. The application for a sign permit shall contain such information as may be deemed necessary for the proper enforcement of this chapter.

   O.   Permit Fees. To defray administrative costs of processing requests for sign permits, the applicant for a sign permit shall pay to the City Clerk a fee in the amount established by the City Council.

7.   Permitted Signs. The following signs are allowed without a permit but shall comply with all other applicable provisions of this chapter:

   A.   Government Signs. Signs of a public, non-commercial nature to include safety signs, danger signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like, when signs are erected by or on order of a public officer or employee in the performance of official duty.

   B.   Directory Signs. A wall sign which identifies the business, owners, managers, or resident occupant and sets forth the occupation or other address information but contains no advertising. There may be one directory sign per zoning lot not to exceed two square feet of area per business or resident occupant.

   C.   Directional and Parking Signs (on site). On-site directional and parking signs intended to facilitate the movement of vehicles and pedestrians upon which the sign is located. Signs shall not exceed six square feet of area.

   D.   Integral Signs. Name on buildings, date of construction, commemorative tablets and the like which are of the building or structure.

   E.   Campaign Signs. Not exceeding four square feet in the residential and agricultural districts nor 18 square feet in the commercial, highway commercial, or industrial districts. These signs shall remain no longer than 45 days prior to and five days after the election for which they were intended and shall be removed by the owner of the property on which they are located. All signs shall be confined to private property and shall not be attached to trees, utility poles, or rocks.

   F.   Construction Signs. A non-illuminated sign announcing the names of architects, engineers, contractors, future use, and other individuals or firms involved with the construction, alteration, or repair of such building (but not including any advertisement of any product). Such signs shall be confined to the site of the construction, alteration or repair and shall be removed within two years of the date of issuance of the first building permit or when the project is completed, whichever is sooner. One sign shall be permitted for each major street the project abuts. No sign may exceed 32 square feet in the agricultural or residential districts, or 50 square feet in all other districts.

   G.   Real Estate Signs. Any on-site sign announcing the owner, manager, realtor, or other person directly involved in the sale or rental of the property. In the case of sale, signs shall be removed within 10 days of the sale. Signs shall not measure more than six square feet in the residential district, nor more than 24 square feet in the other districts. Only one real estate sign may be allowed per zoning lot.

1.   Intent. Within the districts established by this chapter or amendments that may later be adopted there exist:

   A.   Lots.

   B.   Structures.

   C.   Uses of land and structures.

   D.   Characteristics of use which were lawful before these regulations were adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, not be uses as grounds for adding other structures, or uses prohibited elsewhere in the same district.

2.   Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or nonconforming use of a structure and land in combination shall not be extended or enlarged after adoption of these regulations by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.

3.   To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of these regulations and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

4.   Nonconforming Uses of Land (or Land with Minor Structures Only). Where at the time of adoption of these regulations lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a replacement cost exceeding $1,000.00, the use may be continued so long as it remains otherwise lawful, provided:

   A.   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of these regulations.

   B.   No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of these regulations.

   C.   If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

   D.   No additional structures not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

5.   Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of these regulations that could not be built under the terms of this chapter by reason of restrictions or area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

   B.   Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

   C.   Should such structure be moved for any reasons for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

6.   Nonconforming Uses of Structures or of Structures and Premises in Combination. If lawful use involving individual structures with a replacement cost of $1,000.00 or more, or of structures and premises in combination, exists at the effective date of adoption or amendment of these regulations that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

   B.   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 this chapter, but no such use shall be extended to occupy any land outside such building.

   C.   If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as special exception be changed to another nonconforming use provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this chapter.

   D.   Any structure, or structure and land in combination in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district and the nonconforming use may not thereafter be resumed.

   E.   When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

   F.   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purposes of this subsection is defined as damage to an extent of more than 50 percent (or other figure) of the replacement cost at the time of destruction.

7.   Repairs and Maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 10 percent of the current replacement cost of the nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

8.   If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

9.   Nothing in this chapter shall be deemed to prevent the strengthening or restoring to 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.

10.   Uses Under Special Exception Not Nonconforming Uses. Any use which is permitted as a special exception in a district under the terms of this chapter (other than a change through Board of Adjustment action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

1.   Intent. After the effective date of this chapter, in all districts, except the Central General Business Zone, there shall be provided at the time any building or structure is erected, off-street parking spaces in accordance with the requirements set forth herein.

2.   General Provisions:

   A.   All buildings and structures erected and all uses of land in all districts established after the effective date of this chapter shall provide accessory parking facilities as required under this section unless a building permit has been issued and construction is begun prior to the effective date of this chapter.

   B.   The provisions of this section shall not apply to areas in the Central General Business Zone.

   C.   All off-street parking spaces required by this chapter shall be located on the lot of the use it serves or within 300 feet of the principal use.

   D.   Owners of two or more uses or parcels of land may agree to jointly utilize the same parking spaces, provided that satisfactory legal evidence is presented in the form of deeds, leases, or contract documents to establish such joint areas for use.

   E.   All yard area except the required front and side yard for residential uses may be used for off-street parking.

   F.   A plan drawn to scale, indicating how the off-street parking and loading requirements are to be fulfilled, shall accompany an application for a building certificate. The plan shall show all elements necessary to indicate that the requirements are being fulfilled.

   G.   Whenever a building or use constructed or established after the effective date of this chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise to create a need for an increase of two percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this chapter is enlarged to the extent of 50 percent or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

3.   Off-Street Parking Requirements. At the time of construction, alteration, moving into, enlargement of a structure or building, or change in the use of the land, off-street parking spaces and loading areas shall be provided, constructed, and maintained for all uses as follows:

   A.   Single-family residences: two spaces.

   B.   Multi-family residences: one and one-half spaces per dwelling unit.

   C.   Mobile home residences: one space.

   D.   Hotel/motel: one space per room.

   E.   Hospital/nursing home: one space for each four beds plus one space for each employee on the major shift.

   F.   Places of public assembly: one space for each six seats.

   G.   Bowling alleys: five spaces per alley.

   H.   Skating rinks/dance halls: one space for each 300 square feet of gross floor area.

   I.   Retail sales and services: one space for each 300 square feet of gross floor area.

   J.   Restaurants: one space per four seats plus one for every two employees.

   K.   Taverns, bars, lounges: one space for every two seats.

   L.   Elementary/junior highs: one space per classroom or one for every six seats in the largest facility for public assembly, whichever is greater.

   M.   High schools/colleges: one space for every 10 students or one space for every six seats in the largest facility for public assembly, or whichever is greater.

   N.   Manufacturing and similar uses: one space for every two employees on the largest working shift.

4.   Computation of Spaces.

   A.   In the case of any building, structure, or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, shall apply, as determined by the Board of Adjustment.

   B.   Where fractional spaces occur, the parking space required shall be construed to the nearest whole number.

   C.   In the case of mixed or joint uses, the parking spaces required shall equal the sum of the requirements of the various uses if computed separately.

1.   Establishment of the Board of Adjustment. A Board of Adjustment is hereby established and shall hereinafter be referred to as the “Board.” The Board shall consist of five members serving without compensation, appointed by the Mayor, subject to the approval of the Council, for a term of five years.

2.   Vacancy. Any vacancy shall be filled by appointment of the Mayor with the approval of the City Council for the unexpired portion of the term. Should any member be absent from the City or become incapacitated or disqualified, the Mayor with the approval of the Council shall appoint a substitute to serve as a member of the Board with the same powers and authority as the regular members of the Board until the regular member has returned or is able to serve on the Board.

3.   Zoning Officer. The building inspector appointed by the City shall be the Zoning Officer. The Zoning Officer shall be responsible for carrying out, administering, and enforcing the provisions set forth in this chapter and the rules, regulations, and decision adopted by the Board of Adjustment.

4.   Meetings. Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine. Business of the Board shall be conducted in accordance with these regulations set forth herein and with the provisions of Chapter 414 of the Code of Iowa, and amendments thereto. The Board shall adopt its own rules of procedure in harmony with said provisions. The chairperson, or in their absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

5.   Records. The Board shall keep minutes of all meetings, containing the substance of testimony and detailed findings and showing the vote of each member upon each question, or if absent or failing to vote, indication of such fact, all of which shall be immediately filed in the office of the Board and shall be a public record. The concurring vote of two-thirds of all of the members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Officer or to decide in favor of the applicant or any matter upon which the Board is required to pass under this chapter or to allow any variation to the strict interpretation of this chapter. No order or finding of the Board shall become effective until the eighth day following the posting of a copy of such ruling or finding, duly attested by the Zoning Officer, upon a public bulletin board in the City Hall and transmittal of duplicate copies to the City Clerk and to the Chief Administrative Officer of the Commission. The City Clerk shall serve as a secretary to the Board and keep its records.

6.   Appeal. Appeal to the Board may be taken within 30 days after an order becomes effective, by any person or persons aggrieved or by any officer, department, board, or bureau of the City affected by any decision of the Zoning Officer.

7.   Jurisdiction. The Board shall have powers to make rulings in the following situations:

   A.   To hear and decide appeals where it is alleged there is error in any order, requirements, decisions, or determination made by an administrative official in the enforcement of these zoning regulations.

   B.   To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where owing to a special condition a literal enforcement of the provisions of this chapter would result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done.

   C.   Hear applications for special exception permits and make requisite findings precedent to authorization as required by this chapter and by Chapter 414 of the Code of Iowa and amendments thereto.

   D.   To make rulings from the advice of the Zoning Officer in cases where uses are found to exist which are not specifically mentioned in this chapter, and to specify the zones in which such new uses may properly fall, until such time as such uses shall be specifically treated by amendment to this chapter. It is the intention of the Council in adopting these regulations that all uses of land, performance standards and requirements as to the placement and sizes of buildings specifically treated in this chapter are so designated to conform with a Comprehensive Plan within the meaning of Chapter 414 of the Code of Iowa, and amendments thereto. Any changes in the application of this chapter which would have the effect of changing the zoning classification of any parcel of property other than through application of specific provisions of this chapter are deemed to be a legislative determination and to fall within the province of the Council.

8.   Finding, Variances. Before making any rulings on a variance, the Board shall make all of the following determinations and shall record such determinations in its proceedings:

   A.   That the appeal falls within the jurisdiction of the Board.

   B.   That all parties directly in interest have been notified of the proceedings.

   C.   That the granting of the appeal would not have the effect of changing the intended zoning of the property.

   D.   That the property cannot reasonably be used in conformity with the provisions of this chapter.

   E.   That the difficulty complained of is not the result of a willful act of the petitioner or other person maintaining an interest in property or their immediate predecessors in interest.

   F.   That the difficulty complained of is unique to the property in question and is not common to all property similarly situated.

   G.   That balancing the interest of the City in preserving the Comprehensive Plan or the interest of nearby properties against the interest of the petitioner in using their property as proposed to be used, the granting of the variance is required by considerations of justice and equity.

9.   Finding, Special Exceptions. Before authorizing a special exception use, the Board shall make the following determinations:

   A.   That the appeal falls within the jurisdiction of the Board.

   B.   That all parties directly in interest have been notified of the proceedings.

   C.   That all specific conditions of this chapter relative to any specific limitations or conditions necessary to protect the public interest and assure the continued beneficial use and enjoyment of nearby properties, or that no special limitations are necessary to protect the public.

   D.   That the special exception with specific limitations and design features as may have been required will further the aims of the Comprehensive Plan and will not be unduly detrimental to nearby properties.

   E.   That in the event that opposing interests cannot be resolved, the Board shall find that balancing the interests of the City in preserving the Comprehensive Plan or the interests of nearby properties against the interest of the petitioner in using their property as proposed to be used, the granting of the special exception permit is required by consideration of justice and equity.

10.   Notice. The Board shall give sufficient notice to parties affected by any proceeding and shall adopt reasonable rules and regulations to facilitate such notice. A copy of each notice shall be transmitted to the City Clerk and to the office of the Planning and Zoning Commission.

11.   Fees. The Board may adopt a schedule of fees to defray all or part of the cost of processing an appeal. Said schedule of fees shall be approved by the Council. All fees shall be payable to the City Clerk and may be deposited with the City Clerk in a fund determined by the Council.

12.   Termination of Variance. Where property is in use under the terms of a variance and such use ceases or in the case of a structure such structure ceases to exist, then the variance shall terminate unless the terms of the variance specify otherwise.

1.   After adoption of this chapter, no building permit for the erection, construction, reconstruction, conversion, alteration, enlargement, extension, raising, or moving of any building or a part thereof shall be issued before application has been made for a certificate of occupancy, and no permit shall be issued unless the plans, specifications, and intended use conform in all respects to the provisions of this chapter. Blank forms shall be provided by the Zoning Officer.

2.   Each application shall be accompanied by a plan in duplicate drawn to scale showing the dimensions of the lot to be built upon, and a licensed surveyor’s plat of the property if required in the opinion of the Zoning Officer, the size and location of the buildings to be erected, and such other information as deemed necessary for the proper enforcement of these zoning regulations, including type of construction and estimated cost. One copy of such plans shall be returned to the owner after approval or disapproval of the project. A careful record of all such applications and plans shall be kept in the office of the Zoning Officer. The fee for a building permit and certificate of occupancy shall be as follows:

$10.00 for an estimated cost under $10,000.00

$25.00 for an estimated cost in excess of $10,000.00

If the estimated cost of material only is available, then 50 percent shall be added for construction costs in connection with computation of the fee.

3.   Any building permit, under which no construction work has been commenced within six months after the date of issue of said permit, shall expire by limitation, and no work or operation shall take place under such permit after such expiration.

1.   No vacant land shall be used or occupied, and no change made in the use of land until a certificate of occupancy has been issued by the Zoning Officer to the effect that the proposed use is in conformity with the provisions of this chapter. Such certificate of occupancy shall be issued or reasons for refusal given within 10 days after the application has been made, except in special cases where recommendation by the Planning and Zoning Commission and action of the Council is required.

2.   No building or part thereof hereafter erected or altered in use shall be occupied or used until a certificate of occupancy shall have been issued by the Zoning Officer to the effect that the building or part thereof and the proposed use are in conformity with the provision of this chapter. Such certificate shall be applied for coincident with the application for the building permit or prior to any changes or extensions, and shall be issued by the Zoning Officer within 10 days after completion of the work, provided that it conforms to the provisions of this chapter.

3.   Pending the issuance of a permanent certificate of occupancy, a temporary certificate of occupancy may be issued for a period not to exceed one year, which may be renewed for buildings other than dwellings. Such temporary certificates are intended to cover the period of construction or partial occupation of a building and shall not alter any of the respective rights, duties, or obligations of the owner or the City. It shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants of the building.

4.   Upon application by any tenant or owner, the Zoning Officer shall, after inspection, issue a certificate of occupancy for any building or land existing at the time of passage of these regulations.

5.   A certificate of occupancy shall state whether a building or the use of a building complies with the building and health laws, other ordinances, or with the provisions of this chapter. A record of all certificates shall be furnished on request of any person having a proprietary or tenant interest in the building or land affected. No fee shall be charged for an original or temporary certificate of occupancy applied for coincident with the application for a building permit or for an original certificate covering any proposed use or change in the use of land, but for all other certificates there shall be a charge of $10.00 each.

1.   The Council may from time to time make amendments to the text and maps of this chapter in accordance with the provisions of Chapter 414 of the Code of Iowa, and amendments thereto. Action may be initiated by the Council, by the Commission or by a private citizen. The Commission may make reasonable rules and regulations and fee schedules for the processing of amendments with the concurrence of the Council.

2.   Any notice specified by said rules and regulations shall be in addition to that specified by Chapter 414 of the Code of Iowa, and amendments thereto, and proper notice as specified by law shall be deemed to be the sole legal notice for such changes in the text or map of this chapter as may be hereafter proposed. It shall be the policy of the City to give as full and adequate notice as practical to all interested parties and to the general public, but failure to issue such notice except as specified by the Code of Iowa shall not invalidate the proceedings.

It is not intended by this chapter to interfere with or abrogate or annul any rules, regulations, or permits previously adopted or issued or which shall be adopted or issued pursuant to law by a Building Inspector, Zoning Officer, Health Department, or the Council relating to the use of buildings or premises. Where this chapter imposes a greater restriction upon the use of buildings or premises, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or permits, the provisions of this chapter shall govern.

1.   Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be in violation of this Code of Ordinances. Each day that the violation is permitted to exist after notification in writing by the Zoning Officer and the expiration of the time designated in said notice shall constitute a separate offense.

2.   Any structure erected, raised, converted, or land or premises used in violation of any of the provisions of this chapter or the requirements thereof is hereby declared to be a common nuisance and may be abated in such manner as nuisances are now or may hereafter be abated under existing law.