1. Maintenance. This Section does not exempt property owners from ongoing maintenance requirements, including, but not limited to, the maintenance of landscaping and screening, bufferyard plantings or structures, parking lots (e.g., upkeep of paving and striping), and drainage structures and systems (see Subsection 25.06.130.4, Repairs and Modifications).
2. Eminent Domain; Governmental Acquisition. Any nonconforming structure or land expressly created or caused by a conveyance of privately-owned land to a federal, state, or local government to serve a public purpose is conforming for the purposes of this Code, and is not subject to the limitation of this Division. This exemption applies only in cases where private land is obtained by a governmental entity for a public purpose, through condemnation, threat of condemnation, or which otherwise creates a nonconforming situation in the remaining parcel in terms of setback, lot size, or other standards of this Code. This exemption does not apply to right-of-way dedication or other public conveyances of land required by the City in the course of subdivision or other development approvals pursuant to this Code.

1. Types. There are 10 types of nonconformities including:
   1. Uses;
   2. Buildings;
   3. Structures;
   4. Lighting;
   5. Landscaping and buffering;
   6. Signs;
   7. Parking and loading;
   8. Site access;
   9. Site improvements (e.g., fencing, screening, storage and display, etc.); and
   10. Lots.
2. Classes. There are two classes of use nonconformities including “major” and “minor” nonconformities.

1. Effect on Existing Development Entitlements. Nothing in this Division shall be interpreted to require a change in plans, construction, or designated use of any building in which a building permit was lawfully issued prior to the effective date of this Code, provided construction was commenced within 90 days after obtaining the building permit and diligently pursued toward completion.
2. Effect on Existing Unlawful Uses, Buildings, Structures, Signs, and Parcels. Any use, building, structure, sign, and/or parcel of land which was used, erected, or maintained in violation of any previous zoning regulations shall not be considered a legal nonconforming use, building, structure, sign, and/or parcel, and shall be required to comply with all provisions of this Code.

1. Plans and programs for the development and redevelopment of its area of jurisdiction. This includes, but is not limited to, amending the text and maps of the Comprehensive Plan or other plans from time to time;
2. The City's Capital Improvements Program (CIP);
3. Policies or procedures to facilitate implementation of planning programs;
4. Proposed covenants, conditions, and restrictions as required by the City;
5. Proposed amendments to the text of this Code;
6. Proposed amendments to the Official Zoning Map, referred to in this Code as zone changes;
7. Planned development site plans and any major changes thereof;
8. Final plats;
9. Proposed amendments to the Official Zoning Map;
10. Appeals and variances that are not under the authority of the Board of Adjustment;
11. Local designation of historic districts and historic sites, nominations to the National Register of Historic Places, and issuance of certificates of appropriateness, upon recommendation of the Historic Preservation Board; and
12. 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 Code and the goals and objectives of the City, provided such action is not contrary to the requirements of this Code or State law.

1. Studies and Policy Recommendations to the City Council. The Planning and Zoning Commission is empowered to, on its own initiative or as requested by the City Council:
   1. Submit reports, plans, and recommendations for the orderly growth, development, and welfare of the City;
   2. Periodically review this Code and the Official Zoning Map and make recommendations regarding amendments; and
   3. Periodically review the Comprehensive Plan and other plans of the City and make recommendations regarding amendments.
2. Review and Recommendation after a Public Hearing. The Planning and Zoning Commission shall review and make a recommendation to the City Council for the following types of applications:
   1. Urban renewal plans;
   2. Planned development site plans and any major changes thereto;
   3. Preliminary plats;
   4. Final plats;
   5. Right-of-way vacations;
   6. Amendments to the text of this Code, including referrals from the Board of Adjustment as set out in Subsection 25.06.030.3, Board of Adjustment, Item 9, Referral of Matters to Planning and Zoning Commission; Reports;
   7. Proposed amendments of the Official Zoning Map; and
   8. The City's Capital Improvements Program (CIP).
3. Review and Decide. The Planning and Zoning Commission shall review and decide the following types of applications:
   1. Minor changes to a planned development site plan;
   2. Avigation permits;
   3. Site plans, upon referral of the Administrator or upon appeal of the applicant;
   4. Sign permits for conditionally permitted uses; existing public, institutional, nonresidential, and mixed uses within the Rural Residential (RR), Suburban Residential (SR), General Residential (GR), and Urban Residential (UR) districts, and the NC.4 and NC.5 sub-districts; and for certain sign types in certain districts;
   5. Sign design program; and
   6. Development concept plans and any major changes thereto.
4. Other Powers of the Planning and Zoning Commission.
   1. Ensure that new development is consistent with the policies of the Comprehensive Plan and other plans and development policies of the City;
   2. Regarding subdivision and land development:
      1. Establish procedures and standards governing the preparation, filing, and recommendation of land subdivision plats and data to be submitted for recommendation;
      2. Coordinate the alignment of streets within subdivisions with other existing or planned streets, or with other features of the City;
      3. Establish minimum standards governing storm water management; flood damage prevention; streets, sidewalks, and utilities; parking, loading, and access; lighting; and other required improvements;
      4. Ensure conformance of subdivision and site development plans with the capital improvement program of the City;
      5. Ensure that subdivisions and subdivision improvements are designed to:
         1. Reduce potential impacts on street congestion;
         2. Promote the orderly layout and use of land;
         3. Secure safety from fire and other dangers;
         4. Mitigate the impacts and threats of life and property due to flooding resulting from significant storm events;
         5. Facilitate adequate provision of transportation, potable water, wastewater, schools, parks, open space, and other public requirements;
         6. Protect residential neighborhoods from the hazard of high-speed through traffic; and
         7. Protect groundwater and surface water resources from contamination.
      6. Assure the prospective purchaser of a subdivision lot that necessary streets, sewers, drainage, sidewalks, open space, and parks are available;
      7. Protect the integrity of the purchaser's title by required certification that monuments and markers are installed according to the locations designated on the approved plat;
      8. Assure that facilities to be accepted and maintained by the City are properly located and constructed;
      9. Review covenants, conditions, and restrictions that implement the requirements of this Code or conditions of approval as required by the City;
      10. Review street names concurrently with plat approval;
      11. Review and find whether or not lots on major street intersections and at all acute angle intersections are likely to be dangerous to the traffic movement or as required by the City;
      12. Accept a performance bond as a guarantee in-lieu of completed improvements, as required by the City;
      13. Review, consider, and impose conditions, as warranted, to assure the orderly development of land proposed to be developed in phases as required by the City.
   3. Upon referral of the Administrator, determine whether or not a proposed use is either a subcategory of or functionally similar to a allowed, limited, or conditional use according to criteria set out in Section 25.02.140, Uses That Are Not Listed;
   4. Require that space be reserved or land-banked for additional parking upon a finding or determination that there is a reasonable likelihood that a land use could change in a manner that increases the parking demand, as set out in Subsection 25.05.030.5, Parking Studies, Credits, and Reductions; and
   5. Review, consider, and approve or deny a greater reduction than that allowed by Subsection 25.05.030.6, Shared Parking.

1. Generally. This Subsection states the creation, appointment, removal, composition, terms of office, and rules, records, and procedures of the Planning and Zoning Commission.
2. Membership. Pursuant to Article III, Section 38A of the Iowa Constitution and the Iowa Code, there is established a Planning and Zoning Commission, which may consist of nine members appointed by the City Council. The members shall be selected at large. Thereafter, all members shall be appointed for a term of five years so that the term of not more than two members of the Planning and Zoning Commission shall expire in any fiscal year ending June 30 of that year. Unless specifically authorized by the City Council, no member, however, shall be appointed to more than two consecutive five-year terms. Members whose terms have expired shall continue to serve until a successor has been appointed. A person appointed to the Planning and Zoning Commission shall also be appointed to the Board of Adjustment.
3. Qualification. Members shall be qualified resident electors of Sioux City, and qualified by interest in, knowledge, or experience to act in matters pertaining to city planning, and shall not be officers or employees of the City or any agency or department of the City. Members shall serve without compensation.
4. Vacancies. Permanent vacancies on the Planning and Zoning Commission shall be filled by the City Council, in the same manner as other appointments, for the unexpired term of the former member whose place has become vacant.
5. Removal.
   1. Any member of the Planning and Zoning Commission may be removed for cause by the City Council at any time; provided, however, that before any such removal, such member shall be presented with specific charges in writing and shall be given an opportunity to be heard in his/her own defense at a public hearing. Cause for removal of a member shall include:
      1. Any undisclosed or unlawful conflict of interest;
      2. Any violation of this Code, ordinances, or rules applicable to the member's performance of his/her duties;
      3. Any unwillingness or inability to carry out his/her duties in a prompt, conscientious, and competent manner;
      4. Failure to attend 25 percent or more Planning and Zoning Commission meetings in any 12 month period;
      5. Any conduct tending to cast doubt upon the integrity or objectivity of the member in performing his/her duties; or
      6. Any other specific conduct of the member found by the City Council to be detrimental to the proper functioning of the Planning and Zoning Commission.
   2. Any member of the Planning and Zoning Commission may be removed for reorganizational cause by the City Council at any time said Planning and Zoning Commission is reorganized by the City Council resulting in a change in the total number of members serving on the Planning and Zoning Commission.
   3. A member removed for cause under this Subsection shall automatically be removed from the Board of Adjustment.
6. Chairperson and Vice-Chairperson. The members of the Planning and Zoning Commission shall annually elect one of their number as Chairperson, to preside at all meetings and hearings and to fulfill the customary functions of that office, and another of their members as Vice-Chairperson. In the absence of the Chairperson, the Vice-Chairperson shall act as Chairperson and shall have all the powers of the Chairperson. The Vice-Chairperson shall have such other powers and duties as may from time to time be provided by the rules of the Planning and Zoning Commission.
7. Secretary, Minutes, and Public Records. The Administrator, or designee, shall be the Secretary of the Planning and Zoning Commission, and shall attend all of its proceedings. The Secretary shall provide for the keeping of minutes of the proceedings of the Planning and Zoning Commission, showing attendance and the vote upon every question, and shall maintain permanent records of all Planning and Zoning Commission meetings, hearings, and proceedings and all correspondence of the Planning and Zoning Commission. The Secretary shall provide for keeping a file of all records of the Planning and Zoning Commission, and such records shall be public records open to inspection at reasonable times and upon reasonable notice. The Secretary shall perform such other duties as may be established from time to time by the rules of the Planning and Zoning Commission.
8. Planning Staff. Subject to the supervision and direction of the Administrator, the Division of Planning of the Community Development Department shall serve as planning staff to the Planning and Zoning Commission, and shall conduct administrative activities and prepare plans and studies as the Planning and Zoning Commission shall direct, subject to the limitations of funds appropriated by the City Council for such purposes.
9. Quorum and Necessary Vote.
   1. As to any matter requiring a hearing before the Planning and Zoning Commission, no business shall be transacted by the Planning and Zoning Commission without a quorum, consisting of four members, being present. The concurring vote of at least three members shall be necessary for any action by the Planning and Zoning Commission which requires a hearing. If less than a quorum is present, the hearing may be adjourned for a period not exceeding three weeks at any one time. The Secretary shall, in writing, notify all members of the date of the adjourned hearing and shall also notify such other interested parties as may be designated in the vote of adjournment.
   2. No member absent from any portion of a hearing shall be qualified to vote upon the matter heard unless he/she shall first certify on the record that he/she has reviewed the entire record of any such portion of the hearing during which he/she was absent and has fully informed himself/herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.
   3. As to any matter not requiring a hearing, the Planning and Zoning Commission may meet and deliberate at any properly called meeting regardless of the presence of a quorum or may continue consideration of such matter to any later meeting. However, no final action shall be taken on any such matter without a quorum, consisting of four members being present. The concurring vote of at least a majority of those voting shall be necessary to approve any matter or report or to make any recommendation.
   4. Any one or more members of the Planning and Zoning Commission may file minority or dissenting reports in support of any position concerning a matter brought before the Planning and Zoning Commission.
10. Meetings, Hearings, and Procedures.
    1. Regular meetings of the Planning and Zoning Commission shall be held at the call of the Chairperson or as provided by rule of the Planning and Zoning Commission. Special meetings shall be called by the Chairperson at the request of any three members of the Planning and Zoning Commission or at the request of the City Council.
    2. All meetings and hearings of the Planning and Zoning Commission shall be open to the public.
    3. The Planning and Zoning Commission shall adopt its own rules of procedure for the conduct of its business not inconsistent with this Code and State statutes. Such rules shall be filed with the Secretary of the Planning and Zoning Commission and with the City Clerk. Any rule so adopted which relates solely to the conduct of the Planning and Zoning Commission's meetings or hearings and which is not mandated by this Code or State statues may be waived by the Chairperson upon good cause being shown.
11. Records and Decisions.
    1. The transcript of testimony, if any; the minutes of the Secretary; all applications, requests, exhibits, and papers filed in any proceeding before the Planning and Zoning Commission; and the decision and report(s) of the Planning and Zoning Commission shall constitute the record.
    2. Every recommendation of the Planning and Zoning Commission upon an application for an amendment of this Code or upon an application for a mixed use, planned development, or traditional neighborhood development  shall include findings of fact; shall refer to the exhibits, plans, or specifications upon which such recommendation is based; and shall specify the reason(s) for such recommendation. In the event the Planning and Zoning Commission neither approves as presented, nor denies in its entirety, an application to amend either the text of this Code or the Official Zoning Map, approve a subdivision, vacate right-of-way, or for any other purpose, but rather approves such an application in an amended, altered, or otherwise changed form, an ordinance reflecting the Planning and Zoning Commission's recommendations shall be presented to the City Council for action. Until approved by the City Council, that ordinance shall be acknowledged to be no more than a recommendation.
    3. In reaching its decision on any such application, the Planning and Zoning Commission may rely on the personal knowledge of its members, on its inspections of the property, and on any reports available to it. All City staff and Planning and Zoning Commission reports shall be made available for study to interested parties at the earliest possible date prior to the public hearing.
    4. In any case where this Code provides that the failure of the Planning and Zoning Commission to act within a fixed period shall be deemed a grant or denial of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Planning and Zoning Commission rendered on the day following the expiration of such fixed period. Such decision shall be appealable in the same manner as any other decision but, on such appeal, shall be entitled to no presumption of correctness.
    5. The Secretary shall immediately file any decision of the Planning and Zoning Commission in the office of the Planning and Zoning Commission. Within seven days following any decision of the Planning and Zoning Commission, the Secretary shall mail notice to each person entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.
    6. As to other matters brought before the Planning and Zoning Commission, the Planning and Zoning Commission shall prepare such report as it shall deem appropriate to the subject matter.

1. Membership, Terms, and Qualifications. Pursuant to Chapter 414 of the Iowa Code, there is established a Board of Adjustment, which may consist of nine members appointed by the City Council for terms of five years. Unless specifically authorized by the City Council, no member, however, shall be appointed to more than two consecutive five-year terms. Members of the Board of Adjustment shall be qualified resident electors of Sioux City, and shall not be officers or employees of the City or any agency or department of the City. A majority of the members of the Board of Adjustment shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. A person appointed to the Board of Adjustment shall also be appointed to the Planning and Zoning Commission. Members of the Board of Adjustment shall serve without compensation.
2. Vacancy. Permanent vacancies on the Board of Adjustment shall be filled by the City Council, in the same manner as other appointments, for the unexpired term of the former member whose place has become vacant. Members whose terms have expired shall continue to serve until a successor has been appointed.
3. Removal. Any member of the Board of Adjustment may be removed for cause by the City Council at any time; provided, however, that before any such removal, such member shall be presented with specific charges in writing and shall be given an opportunity to be heard in his/her own defense at a public hearing. Cause for removal of a member shall include:
   1. Any undisclosed or unlawful conflict of interest;
   2. Any violation of the codes, ordinances, or rules applicable to the member's performance of his/her duties;
   3. Any unwillingness or inability to carry out his/her duties in a prompt, conscientious, and competent manner;
   4. Any conduct tending to cast doubt upon the integrity or objectivity of the member in performing his/her duties; or
   5. Any other specific conduct of the member found by the City Council to be detrimental to the proper functioning of the Board of Adjustment. A member removed for cause under this Subsection shall automatically be removed from the Planning and Zoning Commission also.

1. Secretary. The Administrator, or a designee, shall serve as Secretary to the Board of Adjustment. The Secretary shall attend all the proceedings of the Board of Adjustment.
2. Minutes. The Secretary shall provide for the keeping of minutes of the proceedings of the Board of Adjustment, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall maintain permanent records of all Board of Adjustment meetings, hearings, and proceedings, and all correspondence of the Board of Adjustment.
3. Public Records. The Secretary shall provide for keeping a file of all records of the Board of Adjustment, and such records shall be public records open to inspection at reasonable times and upon reasonable notice. The Secretary shall perform such other duties as may be established from time to time by the rules of the Board of Adjustment.

1. No business shall be transacted by the Board of Adjustment without a quorum, consisting of four members, being present. The concurring vote of a least four members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination appealed to it, to decide in favor of the applicant or any application made, or to effect any variance from the provisions of this Code. If less than a quorum is present, a hearing may be adjourned for a period not exceeding three weeks at any one time. The Secretary shall, in writing, notify all members of the date of the adjourned hearing and the Secretary will also notify such other interested parties as may be designated in the vote of adjournment.
2. No member absent from any portion of a hearing shall be qualified to vote upon the matter heard unless he/she shall first certify on the record that he/she has reviewed the entire record of any portion of the hearing during which he/she was absent and has fully informed himself/herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.
3. A tie vote by the Board of Adjustment shall mean that the application for an appeal, interpretation, or  variance is denied for failure to obtain four concurring votes.

1. The transcript of testimony, if any; the minutes of the Secretary; all applications, requests, exhibits, and papers filed in any proceeding before the Board of Adjustment; and the decision of the Board of Adjustment shall constitute the record. The Board of Adjustment may rely on the personal knowledge of its members, on its inspections of the property, and on any reports available to it; provided, however, that reliance on such matter shall not be allowed unless the Board of Adjustment shall have made the particular knowledge, inspection, or report a matter of record at the public hearings, and afforded every party reasonable time to respond to it.
2. Every decision of the Board of Adjustment shall:
   1. Be by written record which shall include findings of fact;
   2. Refer to all the evidence in the record and to the exhibits, plans, or specifications upon which such decision is based;
   3. Specify the reason or reasons for such decision;
   4. Contain a conclusion or statement separate from the findings of fact setting out the specific relief granted or denying relief; and
   5. Expressly set out any limitations or conditions imposed on any relief granted or work or use authorized.
3. In any case where this Code provides that the failure of the Board of Adjustment to act within a fixed period shall be deemed a grant or denial of an application, such failure shall, notwithstanding the absence of required findings and conclusion, be considered to be a decision of the Board of Adjustment rendered on the day following the expiration of such fixed period; in any other case where the Board of Adjustment acts without the required written record, such action shall be considered to be a decision of the Board of Adjustment. Such decisions shall be appealable in the same manner as any other decision but, on such appeal, shall be entitled to no presumption of correctness.
4. The Secretary shall immediately file any decision of the Board of Adjustment in the office of the Board of Adjustment. Within seven days following any decision of the Board of Adjustment, the Secretary shall mail notice to each person entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.

1. Appeals. Subject to the provision of Subsection 25.06.090.20, Administrative Appeals, to hear and decide appeals where it is alleged there is error in any order, requirement, decisions, or determination made by the Administrator, or designee, or another administrative official or agency, in the enforcement of this Code or any regulations relating to the location or soundness of structures.
2. Interpretations. Interpretations of the provisions of this Code and the Official Zoning Map, upon referral by the Administrator; and
3. Variances. Subject to the provisions of Subsection 25.06.090.24, Variance, to authorize upon appeal, variances, including avigation, sign, and floodplain variances, so as to relieve difficulties or hardship from the strict application of these regulations as will not be contrary to the public interest where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of enactment of this Code; or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner of such property.
   1. Findings by Board. The Board of Adjustment shall make findings that the requirements of Item H.3.a., above, have been met by the applicant for a variance.
   2. Conditions for granting a variance.
      1. In granting any variance, the Board of Adjustment may prescribe conditions and safeguards in conformity with these regulations. Violation of such conditions and safeguards, when made in part of the terms under which the variance is granted, shall be deemed a violation of these regulations and punishable under Subsection 25.06.160.3, Violations;
      2. No nonconforming use of neighboring lands, structures, or buildings in the same district and no allowed or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
   3. Reversing decisions by the Administrator. In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this Subsection, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions, or determination as ought to be made, and to that end shall have powers of the Administrator from whom the appeal is taken.
4. Approvals.
   1. Hear, review, and finally decide applications for conditional use permit approval.
   2. Hear, review, and finally decide applications for temporary use approval for the following:
      1. Public and commercial events with an expected peak attendance of more than 1,500 persons and where indicated as "conditional" in Table 25.02.190, Temporary Uses; and
      2. Construction, storage, and refuse collection uses where indicated as "conditional" in Table 25.02.190, Temporary Uses
5. Amendments. Initiate changes and amendments to the text of this Code.
6. Advisement. Upon reasonable, written request, make special knowledge and expertise available to any official, department, board, commission, or agency of the City, County, State, or Federal governments to aid them in the performance of their respective duties relating to zoning and its administration in the City.
7. Zoning Administration. Make investigations, maps and reports, and recommendations relating to zoning and its administration in the City provided, however, that the expenditures of the Board of Adjustment shall not exceed the amount appropriated.

1. The Design Review Committee shall be appointed by the City Manager and consist of at least one member representing planning, zoning, building inspections, the fire department, engineering, public works, and historic preservation.
2. The Design Review Committee members shall have the requisite experience and expertise to evaluate design from multiple perspectives, including such areas as building codes, fire codes, engineering, land planning, urban design, landscaping, and historic preservation.

1. Minor changes to development concept plans, recommended to the Administrator;
2. Minor changes to planned development site plans, recommended to the Administrator and Planning and Zoning Commission;
3. Neighborhood conservation building or site improvement plans, recommended to the Administrator;
4. Integrated and two-story accessory dwelling units in the allowable districts, recommended to the Administrator;
5. Site plans for new development, redevelopment, substantial improvement and expansion of multiple-family residential, nonresidential, and mixed use buildings and sites in all districts, as well as in special districts, recommended to the Administrator;
6. Certificates of appropriateness recommended to the Administrator and Historic Preservation Commission only if concurrent with an application for items 3a through 3e above.

1. Promote the educational, cultural, economic, and general welfare of the public through the recognition, enhancement, and perpetuation of sites and districts of historical and cultural significance;
2. Safeguards the City's historic, aesthetic, and cultural heritage by preserving sites and districts of historic and cultural significance;
3. Stabilize and improve property values;
4. Foster pride in the legacy of beauty and achievements of the past;
5. Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to businesses;
6. Strengthen the economy of the City; and
7. Promote the use of historic sites, historic districts, and other places of cultural significance for the education, pleasure, and welfare of the people of the City.

1. The Historic Preservation Commission may conduct studies for the identification and designation of historic districts and sites meeting the definitions established by this Code. The Historic Preservation Commission may proceed at its own initiative our upon a petition from any person, group, or association or upon the request of the City Council. The Historic Preservation Commission shall maintain records for all studies and inventories for public use, and a copy of such records shall be maintained in the offices of the City Clerk.
2. The Historic Preservation Commission may make a recommendation to the State Historic Preservation Office for the listing of a historic district or site in the National Register of Historic Places and may conduct a public hearing.
3. The Historic Preservation Commission may investigate and recommend to the City Council the adoption of ordinances designating historic sites and historic districts if they qualify as defined by this Code.
4. The Historic Preservation Commission may review and provide recommendations for the following application types:
   1. Sign permits in the Historic 4th Street (HA-4), Historic Pearl Street (HA-P), or Historic Neighborhood or Center (HA-N) sub-districts, recommended to the Design Review Committee and Administrator;
   2. Certificates of appropriateness for demolition (excluding those deemed "unfit for human occupancy"), new construction, exterior alteration, modification, or addition to a designated historic site and the HA-4, HA-P, or HA-N sub-districts, recommended to the Design Review Committee and Administrator;
   3. Projects required under Section 106 of the National Historic Preservation Act, including wireless telecommunication towers and building-mounted telecommunication towers, to determine whether the site is located in, on, or within the viewshed of a building, site, district, structure, or object significant in American history, architecture, archeology, engineering or culture, that is listed, or eligible for listing on the National Register of Historic Places, recommended to the State Historic Preservation Office or consulting party;
   4. Designation of historic districts or historic sites, recommended to the City Council; and
   5. Nominations to the National Register of Historic Places, recommended to the State Historic Preservation Office.
5. In addition to those duties and powers specified above, the Historic Preservation Commission may, with City Council approval:
   1. Accept unconditional gifts and donations of real and personal property, including money, for the purpose of historic preservation;
   2. Acquire by purchase, bequest, or donation, fee, and lesser interests in historic properties, including properties adjacent to or associated with historic sites;
   3. Preserve, restore, maintain, and operate historic sites, under the control of the Historic Preservation Commission;
   4. Lease, sell, and otherwise transfer or dispose of historic sites subject to rights of public access and other covenants and in a manner that will preserve the property;
   5. Contract with the State and Federal government or other organizations;
   6. Cooperate with the Federal, State, and local governments in the pursuance of the objectives of historic preservation;
   7. Provide information for the purpose of historic preservation to the City Council; and
   8. Promote and conduct an educational and interpretive program on historic sites within its jurisdiction.

1. Prepare and deliver to the City Council an annual report covering program activities and financial status within 60 days of the end of the fiscal period.
2. Deposit all moneys received with the City Treasurer to be credited to the Historic Preservation Commission, and make all disbursements utilizing the claim and warrant procedures of the City.
3. File with the City Clerk for public inspection copies of minutes of all Historic Preservation Commission meetings and resolutions duly passed by the Commission within 14 days of the meeting at which such action was taken.
4. Utilize the central staff and auxiliary services of the City administration and refrain from duplicating them or from establishing incompatible procedures, as more particularly set out in "Standard Operating Procedures for all City Council Appointed Boards, Commission, and Committees" as adopted by the City Council and incorporated herein by reference.

1. All property, whether real or personal, shall be acquired, received, and held in the name of the City.
2. The purchase of property from or sale of property to any member of the Commission is prohibited.

1. General Administration. The Administrator shall:
   1. Interpret the general intent and/or specific meaning of any portion of the Code text, position of district boundaries, district designation, or other matters relating to the Official Zoning Map;
   2. Maintain the Official Zoning Map and record all amendments to and information thereon;
   3. Provide public information relating to zoning matters including scheduled meetings of the Historic Preservation Commission, Planning and Zoning Commission, and Board of Adjustment;
   4. Receive, process, and record all applications for zoning compliance certificates; zoning amendments; cluster, mixed housing, and planned neighborhood developments; mixed use developments; traditional neighborhood developments; and minor modification or variance requests with accompanying plans and documents, all of which shall be a public record;
   5. Register and maintain records and maps of nonconforming uses, buildings, structures, lighting, landscaping, bufferyards, signs, parking and loading, site access, site improvements, and lots;
   6. Revoke permits or certificates in violation of the provisions of this Code; and
   7. Serve as staff planner to the Planning and Zoning Commission and in that capacity when requested to do so by the Planning and Zoning Commission, attend the meetings of the Planning and Zoning Commission, inform them of all facts and information with respect to any matter brought before the Planning and Zoning Commission and perform other duties as may be assigned by this Code and by the rules of the Planning and Zoning Commission.
2. Management, Reporting, and Studies. The Administrator shall:
   1. Supervise, manage, and be responsible for the affairs and activities of the division, its officers, subordinates and employees, and recommend to the Economic and Community Development Director the employment of experts, technical assistants, clerks, secretaries, and other personnel as shall be provided by ordinance and pay for their services and other necessary and proper expenses, but only out of such appropriations as may from time to time be made available;
   2. Consistent with the express standards, purposes, and intent of this Code, promulgate, adopt, and issue procedural rules and regulations as are necessary to the effective functioning of the department and the effective conduct of the jurisdiction, authority, and duties assigned to it;
   3. Serve as staff Secretary to the Board of Adjustment, and shall in that capacity:
      1. Attend the meetings of the Board of Adjustment;
      2. Inform the Board of Adjustment of all facts and information at his/her disposal with respect to any matter brought before the Board of Adjustment;
      3. Give notice 30 days prior to the expiration of the term of any member of the Board of Adjustment, of the date on which the term of such member will expire, to such member and to the City Council; and
      4. Perform such other duties as may be assigned to him/her by this Code by the rules of the Board of Adjustment.
   4. Annually prepare and submit a report to the City Manager, the Manager of Inspection Services, and the Chairperson of the Board of Adjustment, Historic Preservation Commission, and Planning and Zoning Commission concerning the activity of the Department of Planning and the status of the City's planning program. Such report shall refer to and briefly summarize the results of any major studies undertaken in the prior year, shall review and evaluate all changes in the Comprehensive Plan proposed or adopted during the prior year, and shall set out the recommendations concerning the planning program and plans of the City and the specific objectives for the planning program for the forthcoming year;
   5. Prepare and submit, at least annually, a report to the City Manager and the Planning and Zoning Commission, concerning the administration of this Code, setting forth such information and statistical data as may be of interest and value in advancing and furthering the goals and purposes of these regulations and setting out the recommendations of the Administrator for the improvement of these regulations and their administration. At the end of each calendar year, he/she shall submit a statistical report on minor modifications, variances, conditional and limited use permits, and appeals granted or denied for land or structures located in the floodplain, to the City Manager for inclusion in required reports to the City Council and as applicable, the Federal Insurance Administration (FIA).
   6. Whenever the City Council, City Manager, Planning and Zoning Commission, Historic Preservation Commission, or the Board of Adjustment requests by general rule or specific direction within the limits of resources available, conduct or cause to be conducted such surveys, investigations, and field studies, and prepare or cause to be prepared such reports, maps, photographs, charts, and exhibits as may be requested;
   7. 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 Planning and Zoning Commission; and
   8. Maintain permanent and current records of the Planning Department, including all maps; amendments; mixed use development or planned and traditional neighborhood development approvals and denials; and decisions rendered by the Planning and Zoning Commission together with relevant background files and materials.
3. Floodplain Administration. In designated flood hazard areas delineated on the Federal Emergency Management Agency (FEMA) maps, the Administrator, or designee acting as the floodplain administrator, shall:
   1. Advise applicants that additional Federal and State permits may be required. Assure that all necessary permits have been received from those government agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334;
   2. Notify adjacent property owners and the Iowa Department of Natural Resources, and other State or Federal agencies prior to any alteration or relocation of a watercourse and subsequently submit evidence of such notification to FEMA;
   3. Assure in writing by the owner within the altered or relocated portion of a watercourse that appropriate maintenance is provided so that the flood carrying capacity is not diminished;
   4. Make interpretations, where needed, as to the exact location of the boundaries of special flood hazard areas (e.g., where there appears to be a conflict between a mapped boundary and the actual field conditions);
   5. Verify and record the actual elevation (relative to mean sea level) of the lowest floor (including a habitable basement) of all new or substantially improved structures.
   6. Verify and record the actual elevation (relative to mean sea level) to which new or substantially improved structures have been flood-proofed.
   7. Decide applications for special permits in the floodplain, which shall be directed to the City Council when he/she cannot issue a routine permit because of the provisions of this Code or other ordinances or regulations of the City;
   8. Obtain certification from a registered professional engineer or architect when flood-proofing is utilized for a particular structure;
   9. Obtain, review, and utilize any base flood elevation data available from Federal, State, or other sources when such data are not available from FEMA;
   10. Maintain all records pertaining to the provisions of this Code, which records shall be open for public inspection during workday hours;
   11. Determine stated elevations above mean sea level of proposed developments, including substantial improvements and, where appropriate, the elevation of the site before construction or alteration, prior to issuing a certificate of zoning compliance for developments located in a floodplain, which shall be kept as a public record of such certificates of zoning compliance together with all other floodplain related permits in such a manner that they can be inspected for the purposes of determining flood insurance rates. Such record shall include any certificates of flood-proofing, elevation certificates, and floodplain development permits;
   12. Review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposal shall be reviewed to assure compliance with Chapter 20.07, Construction in Flood Hazard Areas, of the Municipal Code;
   13. Submit an annual report to the administrator of the Federal Insurance Administration concerning the City's participation in the Flood Insurance Program including, but not limited to, the development and implementation of floodplain management regulations; and
   14. Notify adjoining political jurisdictions of any public works, private development, or stream alterations within the City which may alter the hydrological characteristics of any drainage that enters that jurisdiction.
4. Processing Permits and Applications. The Administrator, or designee, shall:
   1. Receive and log applications for development approval, minor modifications, and variances;
   2. Review application materials and verify that applications are complete;
   3. Communicate with applicants to inform them that their applications are complete or not complete; and if the applications are not complete, what items are required to complete the application;
   4. Manage the processing of applications according to Section 25.06.070, Standardized Development Approval Procedures;
   5. Process and review all applications (or cause the applications to be reviewed) and either decide applications or make a recommendation regarding how the application should be decided (depending upon the type of application);
   6. Set applications on agendas of the Planning and Zoning Commission, Historic Preservation Commission, Board of Adjustment, or the City Council, as appropriate;
   7. Receive and cause to be expeditiously processed certificates of zoning compliance, which shall be approved or disapproved and issued or not issued based on compliance or noncompliance with the provisions of this Code;
   8. Process and review applications to the Board of Adjustment, which shall be directed to the Board of Adjustment, including applications for variances, certain temporary use permits, conditional use permits, and appeals;
   9. Process and review applications to the Historic Preservation Commission, which shall be directed to the Historic Preservation Commission, including:
      1. Sign permits in the Historic 4th Street (HA-4), Historic Pearl Street (HA-P), or Historic Neighborhood or Center (HA-N) sub-districts, recommended to the Design Review Committee and Administrator; and
      2. Certificates of appropriateness for demolition, new construction, exterior alteration, modification, or addition to a designated historic site, recommended to the Design Review Committee and Administrator;
   10. Applications for special permits in the floodplain, which shall be directed to the City Council when he/she cannot issue a routine permit because the provisions of this Code or other ordinances or regulations of the City;
   11. Provide public notice as may be required by the provisions of Subsection 25.06.070.9, Public Notice; and
   12. Promptly issue written permits, resolutions, or order that reflect the substance of approval granted by the City pursuant to this Code.
5. Recommendations. The Administrator shall provide professional recommendations regarding:
   1. Whether applications that are placed on an agenda of the Planning and Zoning Commission, Historic Preservation Commission, Board of Adjustment, and City Council comply with the requirements of the Code, and, if not, whether conditions of approval could be imposed to bring the application into compliance (including specification of such conditions).
   2. Whether amendments to this Code or the Comprehensive Plan are advisable to, among other things:
      1. Bring the Comprehensive Plan or Code into conformity with state or federal requirements as they change over time; or
      2. Respond to changing demographics, physical conditions, technological advancements, or economic conditions; or
      3. Implement amendments to the Comprehensive Plan or other adopted plans of the City; or
      4. Resolve errors, internal inconsistencies, or other administrative matters.
   3. Whether amendments to the Comprehensive Plan or the Code that are proposed by persons or bodies outside of the City are appropriate to serve their stated purposes.
   4. Applications for the vacation or partial vacation of a street or public alley involving an easement, for encroachments by structures, or buildings constructed prior to February 27, 1989, for the purpose of clearing title;
6. Approvals. The Administrator shall decide the types of applications set out in Section 25.06.080, Administrative Permits and Procedures.
7. Assignments. The Administrator is responsible for all other responsibilities as the City Council or City Manager may assign from time to time.
8. Recordkeeping. The Administrator shall maintain all records of development applications, including materials and outcomes. The Administrator shall maintain:
   1. Permanent and current records of this Code including all maps; amendments; conditional and limited use permits; temporary use permits; mixed use, planned and traditional neighborhoods development approvals and denials; interpretations; and decisions rendered by the Historic Preservation Commission, Planning and Zoning Commission, Board of Adjustment, and opinions of the City Attorney, together with relevant background files and materials;
   2. Current files of all certificates of zoning compliance, and all notices of violation, for such time as necessary to ensure continuous compliance with the provisions of this Code; and
   3. Current maps locating all applications for amendments, conditional and limited use permits, minor modifications, variances and appeals, and indicating the disposition thereof.
9. Inspection. The Administrator, or designee, shall:
   1. Identify code violations and enforce the provisions of this Code and approvals granted hereunder pursuant to Subchapter 25.06-D, Enforcement and Remedies;
   2. Undertake such regular and continuing programs of inspection of work approved and under way and of existing structures and uses as may be feasible and proper within the limits of staff and funds available. Such inspections shall  be necessary to the performance of his/her duties and shall receive from any person complaints alleging, with particularity, a violation of this Code, and when appropriate, shall cause such investigations and inspections as may be warranted by such complaints to be made; and
   3. Upon receiving notice of any violation of this Code, notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it; and specifically shall order the discontinuance of any illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions, or alterations; order discontinuance of illegal work being done; or take any other action authorized by this Code to ensure compliance with, or appropriate recommendation to the City Attorney the institution of legal or equitable action that may be required for the enforcement of this Code.

1. Drainage Plans.
   1. Prior to authorization of any building permit, the Public Works Director shall review and approve all such stream flow, runoff calculations, and drainage plans as required of a subdivider under the terms of this Code, or as otherwise required by the City.
   2. In those instances when underground storm drainage facilities are reasonably accessible to a proposed development, the Public Works Director shall determine any special design standards required to connect an on-site drainage system to the City's system.
   3. Determine the warrant and requirement for the submittal contents and the content of what is needed to conduct an appropriate drainage analysis of a site plan and grading plan submitted to the City as part of the requirements of the site plan needed for a zoning certificate and building permit.
2. Review and provide recommendations pertaining to the maneuvering space for refuse containers, as set out in Subsection 25.03.080.2, Refuse Containers;
3. Review and approval of truck routing plans to prevent trucks from traveling on public right-of-way within or adjacent to any residential district or use or adjacent to any park or recreational area or facility, as set out in Section 25.02.190, Agricultural, Industrial, Utility, and Communication Use Standards;
4. Review all applications for concrete and asphalt batching operations to make a recommendation to the Administrator regarding compliance with the standards of Section 25.02.220, Construction, Storage, and Refuse Collection Uses;
5. Promulgate and maintain a manual of engineering standards, however titled, for construction of infrastructure, as set out in Subsection [@@875], Engineering Standards Manual, or as otherwise required by the City;
6. Review, consider, and approve or deny all required improvements associated with the subdivision and development of land, as set out in Subsection [@@885], Required Improvements; Upgrade Agreements, or as otherwise required by the City;
7. Ensure that securities for required improvements associated with the subdivision and development of land do not lapse or expire and providing advanced notice to the subdivider of such expiration, as as set out in Subsection [@@885], Required Improvements; Upgrade Agreements, or as otherwise required by the City;
8. Review and make a determination as to whether a subdivider has complied with all applicable requirements of development before release of any obligation to the subdivider as set out in Subsection [@@885], Required Improvements; Upgrade Agreements, or as otherwise required by the City;
9. Review, consider, and approve or disapprove, together with the Mayor, or a designee, City Manager, Administrator, and Building and Inspections Administrator, requests for waivers from the requirements of Subchapter 25.04-D, Flood Damage Prevention, or as otherwise required by the City;
10. Review and make a determination as to whether additional right-of-way is required for arterial or collector streets due to unique site design requirements (e.g., vertical curve, sight distance triangles, turn lanes, median, etc.) as set out in Section [@@873], Subdivision and Development Design;
11. Review, consider, and determine whether greater corner clearance lengths are warranted or required, as set out in Section 25.05.050, Access Management and Maintenance.

1. Permit Review. Review residential, commercial, industrial, mixed use, and other plan types, including plans for signs, to verify that the construction design meets the minimum code requirements and applicable City ordinances.
2. Inspection. Conduct and approve all building permit inspections to ensure that construction meets all applicable building codes and other requirements (as applicable, including inspecting setbacks, foundation elevation, and fence and wall requirements set out in this Code).
3. Recordkeeping. Maintain all records related to the building permit process and inspections, including materials and outcomes.
4. Interpretation. Interpret the building codes and other City ordinances as they relate to building plans and permits.
5. Arbitration. Arbitrate discrepancies regarding building plans, permits, and inspections.
6. Approvals. Decide the following applications:
   1. Building permits; and
   2. Certificates of occupancy.

1. Airport Protection (AP) district;
2. Casino Entertainment (CE) district;
3. Historic Area (HA) district, including:
   1. Historic Fourth Street (HA-4) sub-district;
   2. Historic Pearl Street (HA-P) sub-district; and
   3. Historic Neighborhood or Center (NA-N) sub-district; and
4. Public and Institutional (PI) district.

1. The applicant shall bring to (or submit prior to) the pre-application conference sufficient supporting materials to explain:
   1. The address and general location of the project;
   2. The proposed uses and building types (in general terms);
   3. The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities;
   4. The relationship to existing development; and
   5. The presence of natural resources, open water, floodplains, and floodways on the parcel(s) proposed for development.
2. The Administrator may request additional information prior to or subsequent to the meeting.

1. The Administrator may establish a regular schedule for conducting pre-application conferences and may provide for conducing pre-application conferences in person, by telephone, by internet-based conferencing, or another method.
2. The Administrator may waive a pre-application conference if it is agreed that such conference is unnecessary to serve the purposes set out in Item 1., above.

1. The Administrator shall promulgate forms for each type of application required by this Code.
2. Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the Administrator, and have the purpose of facilitating:
   1. The evaluation of applications for compliance with the standards of this Code; and
   2. The administration of this Code.
3. The schedule does not restrict the timing of notices of appeal.

1. Incomplete applications shall be returned to the applicant with a written explanation that describes in general terms the materials that must be submitted to complete the application.
2. No application that does not include the application processing fee shall be considered complete.

1. When an action by the applicant is required for further processing of an application (e.g., submittal of supplementary documentation), the application shall become void six months after the date that the action is requested if:
   1. The applicant fails to take action; or
   2. The applicant fails to request an extension of time pursuant to Item C, Extension of Time, below.
2. When an action by the applicant is required for further processing of an application for development concept plan or planned development site plan approval, the application shall become void 30 days from receipt of the application if the application has remained dormant during that period where no activity has occurred toward the completion of the application where changes or corrections are required or where instruments or documents requested or required is not forthcoming within that period from the property owner or authorized agent.
3. No refunds of application fees will be issued to applicants whose applications expire pursuant to this Subsection.

1. If the application is for an administrative permit, shall approve, approve with conditions, or deny the application.
2. If the application is for a public meeting or hearing approval, shall make a recommendation regarding the application and forward the recommendation to the next body that will consider it for further recommendation or approval, as set out in Division 25.06.060, Permits and Approvals.

1. The Administrator, or other responsible official, shall provide comments from City staff to the applicant, who shall revise and resubmit materials with appropriate changes within the time required by Subsection 25.06.070.6, Termination of Inactive Application.
2. The resubmittal shall not require an application fee unless both of the following conditions are met:
   1. The revisions are inappropriate or incomplete; and
   2. Repeated failure to address comments requires more than three rounds of revisions.

1. If the application is for a public meeting or hearing approval, the Administrator shall set the application on the next available agenda of the next body that will consider the application, consistent with the legal requirements for public notice, as set out in Subsection 25.06.070.10, Public Notice.
2. The Administrator shall coordinate with decision-making bodies to fix reasonable times for hearings.
3. The Administrator shall notify the applicant regarding the time and place of a public hearing.

1. Procedures. Boards  Commissions, and Councils will adopt Robert’s Rules of Order as set out in Section 2.04.030, Robert’s Rules of Order, as amended from time to time, for the conduct of public hearings. All other matters pertaining to the conduct of hearings shall be governed by the provisions of this Code pertaining to, and the rules promulgated by, the body conducting the hearing. The following general procedures shall be reflected in the adopted rules of procedure.
   1. Any person may appear at a public hearing, submit evidence, and be heard.
   2. If a speaker represents an organization, the body conducting the hearing may request written evidence of that person’s authority to speak on behalf of the group in regard to the matter under consideration.
   3. Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.
   4. Citizens, applicants, and the City have the right to present expert witnesses.
   5. The chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant.
2. Prehearing Examination. At any time following the giving of notice as required in Subsection 25.06.070.9, Public Notice, and upon reasonable request, any person may examine the application and all other documents on file with the secretary of the body holding the hearing pertaining to the matter subject to such notice. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as established from time to time by the City Council to cover the cost of such copies.
3. Right to Submit Written Statements. Any person may at any time prior to the commencement of a hearing hereunder, or during such hearing, or within such time as may be allowed by the hearing body following such hearing, submit written statements in support of or in opposition to the application being heard. Such statements shall be made a part of the public record of the hearing.
4. Representation. Persons appearing before a Board, Planning and Zoning Commission, or City Council may appear in person or through a representative or agent. The representative or agent shall provide satisfactory proof of his or her authority upon the request of the City, Board, Planning and Zoning Commission, or City Council.
5. Quorum. The number of members of a Board, Planning and Zoning Commission, or City Council that is required in order to constitute a quorum is set out in the applicable Subsections of Section 25.06.030, Bodies Established and Authorized or the Municipal Code.
6. Ex Parte Communication. The hearing body and each of its members assigned to conduct a hearing or make a decision shall neither:
   1. Use nor rely upon any communication, reports, staff memorandum, or other materials prepared in connection with the particular case unless made a part of the record; nor
   2. Inspect the site by prearrangement with any party to the proceedings or his representative unless other parties known to have an interest in the matter are given an opportunity to be present. The conduct of inspections in which interested parties are involved in any way shall be noted in the record.
7. Decisions.
   1. Except where this Code or State Statues provides otherwise, official action requires the favorable vote of a majority of a quorum present.
   2. The concurring vote of a majority of the members of the Board of Adjustment present and voting shall be necessary to reverse any order, requirements, decision, or determination or any administrative official, consistent with Municipal Code.
   3. Except when voice votes are authorized, a vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote.
8. Time Limitation for Decisions.
   1. For zone change (rezoning) applications, if the Planning and Zoning Commission does not provide a recommendation to the City Council within 60 days after the Planning and Zoning Commission begins consideration of the matter, the Planning and Zoning Commission shall either request an extension from the City Council or make a final report to the City Council. If no extension is granted or no final report is made within the 60 day period, then the proposed amendment shall proceed to the City Council as a final report with no recommendation.
   2. For preliminary plats, the Planning and Zoning Commission shall approve, approve with conditions, or disapprove the preliminary plat within 60 days after its submission. The Chairperson will have 14 calendar days after a decision has been made by the Planning and Zoning Commission to sign the plat.
9. Conditions of Approval. Some procedures set out in this Code authorize the decision making body to impose such conditions upon the premises benefited by the approval as may be necessary to reduce, minimize, or eliminate potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the Comprehensive Plan and this Code. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development and shall be roughly proportional in both extent and amount to the anticipated impacts of the proposed use or development or shall carry out the general purpose and intent of the Comprehensive Plan and this Code. No conditions of approval, except for those attached to variance or minor modification approvals, shall be less restrictive than the requirements of this Code.
10. Adjournment of Hearings.
    1. Rights of All Persons. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the chairman of the hearing body may exclude irrelevant, immaterial and unduly repetitious evidence.
    2. Participation of parties and proximate owners. Subject to the sound discretion of the hearing body, the applicant and any officer, department, board or commission of the city, and any property owner entitled to written notice under Subsection 25.06.070.9, Public Notice, may, in addition to the rights granted by this Item, to be allowed to participate in any one or all of the following ways:
       1. To present witnesses on their own behalf;
       2. To rebut testimony in opposition to their position;
       3. To examine and reproduce any documents produced at the hearing;
       4. To request continuances for the purpose of presenting evidence to rebut evidence introduced by any other person.
       5. In withholding permission to participate in one or more of the above ways, the discretion of the hearing body shall be governed by the goal of securing all information and opinion relevant and material to its deliberation. Permission shall not be granted, however, where undue and unwarranted delay would result, or where to do so would tend to produce no new evidence to aid the hearing body in reaching its decision.
    3. Adjournment of Hearing. The body conducting the hearing may at any time adjourn the hearing for a reasonable time, and to a fixed date, time and place, for the purpose of giving further notice, taking further evidence, gathering further information, or for such other reason as the body may find to be sufficient. The secretary to the hearing body, shall notify all members of the hearing body, and any other person designated on the vote of adjournment, of the date, time and place of the adjourned hearing.
    4. Board and Commission Rules to Govern. All other matters pertaining to the conduct of hearings shall be governed by the provisions of this Code pertaining to, and the rules promulgated by, the body conducting the hearing.

1. Request or Motion to Continue. Consideration of an application may be continued upon motion of the Board of Adjustment, Planning and Zoning Commission, or City Council, or upon request of the applicant before a decision is made on the application.
2. Period of Continuation. Should any item before the Board of Adjustment, Planning and Zoning Commission, or City Council be tabled in anticipation of information or events to occur prior to rendering a decision, such tabling shall be for not longer than the second meeting following the meeting at which the time was tabled.
3. Decision Required.
   1. If at the conclusion of the continuation period the item under consideration remains in the same or unchanged state or condition as existed when the item was initially tabled, the item shall be removed from the table, and shall either be approved based on the available information or shall be disapproved.
   2. If the item before the Board of Adjustment, Planning and Zoning Commission, or City Council includes an established number of days within which a decision must be made, as set out in Table 25.06.060.2, Administrative Permits and Approvals or Table 25.06.060.3, Public Meeting and Hearing Approvals, the decision to approve or deny shall be made within the stated number of days, unless the applicant consents in writing to an extension of this time limit.

1. Any such second application filed more than one year after the final denial of a prior application shall be presumed to be based on new grounds and shall be heard on the merits as though no prior application has been filed.
2. Final denial shall be considered the occurrence of the later of the following events:
   1. Thirty days from the date of the Board of Adjustment or City Council's and Planning and Zoning Commission denial; or
   2. The date of entry of any final ruling or decision by the highest court which the Board of Adjustment and City Council's denial is appealed to; or
   3. The date of any voluntary dismissal of any appeal of the Board of Adjustment and City Council's denial; or
   4. In all other circumstances the Board of Adjustment, City Council, and Planning and Zoning Commission shall determine, in its sole discretion, the date of final denial.

1. Public and commercial events with an expected peak attendance of less than 1,500 persons and where indicated as “limited” in Table 25.02.190, Temporary Uses;
2. Neighborhood events;
3. Construction, storage, and refuse collection facilities indicated as “limited” in Table 25.02.220, Temporary Construction, Storage, and Refuse Collection Uses; and
4. Outdoor sales events indicated as “limited” in Table 25.02.190, Temporary Uses.

1. Application. Applications for a temporary use permit shall be submitted to the Administrator. A nonrefundable application fee, as established from time to time by the City Council, shall accompany each application. The application shall be submitted in triplicate in a form required by the City, and shall contain such information and documentation as prescribed from time to time by the Administrator but shall in all instances contain at least the following information and documentation:
   1. The applicant's name and address and the applicant’s interest in the subject property;
   2. The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application;
   3. The street address or common description and legal description of the property;
   4. The names and addresses of all property owners of record entitled to notice pursuant to Subsection 25.06.070.9, Public Notice;
   5. The zoning classification and present use of the property;
   6. The particular provisions of this Code authorizing the proposed temporary use;
   7. A general description of the proposed temporary use and a written statement addressing each of the standards set out in Item 6., Requirements, below, and stating specifically how the proposed temporary use relates to and meets each requirement;
   8. Other information or statements which may be necessary to show compliance with the standards imposed on the temporary use by the regulations of the district authorizing such temporary use;
   9. Any further information or documentation as the Administrator may deem to be necessary or appropriate to a full and proper consideration and disposition of the application.
2. Administrative Approval. Applications for administrative approval of temporary use permits are processed according to the sequential steps set out in Section 25.06.070, Standardized Development Approval Procedures, and shall be referred to other departments and agencies, as applicable, and then decided by the Administrator.
3. Amendment of Temporary Use Permit. Following establishment of the temporary use authorized by a temporary use permit, such temporary use permit may be amended, varied, or altered in the same manner, and subject to the same limitations, as any other regulation established by this Code. In addition, such temporary use permit may, at any time, be amended or altered pursuant to the procedures established by this Subsection for its original approval.
4. Permit Issuance. Upon authorization of a temporary use permit, the Administrator shall issue the permit listing any applicable conditions. 
5. Affidavit of Compliance. Whenever any temporary use permit authorized pursuant to this Code is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Administrator stating such compliance. The applicant shall have 90 days from the date of approval to submit the affidavit of compliance with conditions. Such affidavit shall be accompanied by a nonrefundable fee, as established from time to time by the City Council, to verify that such conditions have been met. Failure to submit the affidavit of compliance with conditions within the stated timeframe will revoke the original request.

1. The proposed use is an open-land type of use and shall not involve the erection of permanent buildings or other permanent improvements and is located on an undeveloped parcel or undeveloped portion of a parcel; provided, however, that permanent buildings and structures are allowed if they conform with all regulations of the district in which the proposed use is located;
2. The proposed use and its placement on the land is such that it is not unsightly to the general public nor does it interfere with the enjoyment or use of neighboring properties; and
3. All temporary uses and structures comply with the applicable provisions of the district in which the proposed use is located.

1. Zoning compliance certificates shall be submitted to, reviewed by, and approved and issued by the Administrator for the following permit types:
   1. An application for development approval of a limited or permitted use, or a building or structure that is permitted without site plan approval;
   2. Accessory uses, buildings, and structures, as set out in Section 25.02.270, Permitted Accessory Uses, Buildings, and Structures; and
   3. Unlisted uses, as set out in Section 25.02.140, Uses That Are Not Listed.
2. Unless a certificate of zoning compliance shall first have been obtained from the Administrator:
   1. No construction, reconstruction or remodeling of any structure shall be commenced which would result in the alteration of any exterior dimension of such structure, any structural alteration of such structure or any alteration in the amount of off-street parking or loading required in conjunction with such structure;
   2. No structure shall be moved;
   3. The alteration of land preliminary to any use of such land shall not be commenced; and
   4. Building or other permits pertaining to the construction, reconstruction or remodeling, as aforesaid, or moving of any structure or the use of any land or structure shall not be issued by any official, officer, employee, department or board of the City.

1. The applicant's name and address and his interest in the subject property;
2. The owner's name and address, if different than the applicant;
3. The address or location of the subject property;
4. The present use and zoning classification of the subject property;
5. A brief description of the construction, or alteration of land, requiring the issuance of a zoning compliance certificate;
6. Where approval is required, pursuant to Subsection, for development in proximity to an interchange, evidence that such approval has been granted shall be submitted;
7. A general plot plan of the property in such form as may, from time to time, be prescribed by the Administrator;
8. Such other and further information and documentation as the Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application, including but not limited to:
   1. The certificate of a registered architect or structural engineer licensed by the State that the proposed construction, reconstruction, remodeling or moving complies with all of the provisions of this Code,
   2. A plat, in duplicate, of the piece or parcel of land, lot or lots, block or blocks, or parts or portions thereof, according to the recorded plat of such land,
   3. A detailed plot plan, drawn to scale, including the following information:
      1. The plot plan for any proposed development, including substantial improvements, in the -FW floodway district or -FH flood hazard district shall be accompanied by a completed flood plain development permit application to insure conformity with provisions of Subchapter 25.04-D, Floodplain Management;
      2. Location, size, use and dimensions of buildings, including height and stories and including total square feet of ground area coverage and floor area of all existing and proposed buildings; and
      3. Location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles; and total lot coverage of all parking, loading, driveway and aisle areas;
   4. Minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure;
   5. Location, designation and total area of all usable open space;
   6. Location and height of fences or screen plantings to be used;
   7. The use of existing and proposed buildings, including the number of dwelling units;
   8. Any information to determine that conditions imposed upon the grant of a conditional use permit have been complied with; and
   9. Any other information that may be required by the Administrator to determine that the particular application is in compliance with all applicable performance standards, use limitations and other requirements of this Code.

1. Determination of Minor or Major Change. In reaching a determination as to whether a change is minor and may be approved by the Administrator or a major change or modification requiring a Planning and Zoning Commission recommendation and City Council approval, the following criteria shall be used:
   1. Any increase in intensity or use shall constitute a major modification. An increase in intensity of use shall be considered to be an increase in usable floor area, an increase in the number of dwelling or lodging units, or an increase in the amount of outside land area devoted to sales, displays, or demonstrations.
   2. Any change greater than 10 percent in parking areas resulting in an increase or reduction in the number of spaces approved shall constitute a major change.
   3. Structural alteration significantly affecting the basic size, form, style, and location of a building, as shown on the approved plan, shall be considered a major change.
   4. Any reduction in the amount of open space or bufferyard, or any change in the location or characteristics of open space, shall constitute a major change.
   5. Any change in use from one use group to another shall constitute a major change.
   6. Any change in pedestrian or vehicular access or circulation shall constitute a major change.
2. Minor Changes. Minor changes or modifications must demonstrate the following:
   1. Development density and intensity have not materially changed, in that:
      1. The number of buildings is not increased by more than 10 percent.
      2. The height of the building(s) is the same or less.
      3. The number of units is the same or fewer.
      4. The aggregate lot coverage and floor area ratio are the same or less.
      5. Density or intensity (floor area ratio) may be transferred from one building to another or from one stage of development to another, provided that the total floor area is not changed and the above conditions are met.
   2. Design has not materially changed, in that:
      1. The roadway patterns, including ingress-egress points, are in the same general location as shown on the original plans, and are no closer to the rear or interior side property lines than shown on the original plans.
      2. The parking area is in the same general location and configuration.
      3. The building setbacks are the same or greater distance from perimeter property lines, except that the building setbacks for single-family detached development, lot line homes, townhomes, and cluster development may be decreased, provided that such decrease is limited such that the resulting setback distance will be greater of either:
         1. The district regulation; or
         2. Any condition or restrictive covenant regulating the setback for which a substantial compliance determination is sought.
      4. The open space is in the same general location, is the same or greater amount, and is configured in a manner that does not diminish a previously intended buffering effect;
      5. The proposed perimeter walls and/or fences are in the same general location and of a comparable type and design as previously approved;
      6. Elevations and renderings of buildings have substantially similar materials and architectural expressions as those shown on the approved plans;
      7. Recreational facilities either remain the same or are converted from one recreational use to another; and
      8. Recreational facilities may be added.
   3. The proposed changes do not have the effect of creating any noncompliance or nonconformity with the strict application of the Code that were not previously approved at a public hearing, or of expanding the scope of existing variances, minor modifications, or other approvals such that they would differ to a greater degree from the strict application of the Code.
3. Adjustments During Construction. During the construction of a planned development, the Building and Inspections Administrator is authorized to grant adjustments in the location of a principal or accessory building to any position within a construction site envelope consistent with the specified minimum distance between buildings when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such adjustment shall be subject to the limitations set out in Item 5., below.
4. Authorized Adjustments. Adjustments authorized for the approval of the Building and Inspections Administrator during construction are subject to the following:
   1. Parking and loading areas, access aisles, driveways, sidewalks, walkways and pathways, signs, landscaping, and fences and screening may be adjusted, as necessary, to accommodate changes in building location within the construction site envelope;
   2. Curb cuts and street intersections along public rights-of-way serving the planned development shall not be adjusted except as approved by the Administrator, in coordination with the Traffic Engineer;
   3. The plan for the treatment of the perimeter of the planned development shall not be adjusted as to type or quality of bufferyard elements;
   4. The final gradient of any driveway, access aisle, curb cut or other intersection with a public right-of-way shall not be altered within the first 30 feet from a public right-of-way intersection except as approved by the Administrator, in coordination with the Traffic Engineer; and
   5. Surface drainage leaving the site shall not be altered except as approved by the Administrator, in coordination with the Traffic Engineer.

1. The Administrator or Building and Inspections Administrator shall approve, approve with conditions, or deny the application.
2. The Administrator shall refer the application to the Planning and Zoning Commission if the Administrator finds that the proposed development entails a major change or modification in the development concept plan or planned development site plan.

1. No building permit shall be issued, nor shall a zone change (map amendment) be granted for such development until the application for a building permit or zone change has been filed with the City Traffic Engineer a description of the proposed use and a detailed plan showing vehicular ingress and egress to the development site. Such plan shall show parking areas and access routes within the site for a distance of 150 feet, or a greater distance as necessary, to show facilities for handling congestion due to large traffic generation potential.
2. The applicant shall provide a report from an independent traffic engineer setting out the probable traffic flows from the development, recommended control devices to manage the traffic to and from the development, and the impacts of the development on the interchange; provided, however, that this report may be waived by the Planning and Zoning Commission or the City Council if it finds that sufficient information is available upon which to base a decision.

1. Permit Required. A sign permit shall be required for all operations of erecting, constructing, enlarging, moving, or converting any on- or off-premise sign, except:
   1. Removal of a sign if a demolition permit has been obtained for the structure on which the sign is mounted;
   2. Changing of advertising copy or message on an approved painted and/or printed sign or on a marquee or similar approved sign that is specifically designed for the use of replaceable copy; and
   3. Painting, repainting, or cleaning a sign when it is performed in conjunction with normal maintenance and repair of a sign that does not involve structural changes or modifications.
2. Exemption. In an emergency situation, work may be initiated and completed without first applying a sign permit. However, a permit shall be applied for within 24 hours after the first working day.

1. Generally. Sign permits are an administrative procedure in which the Administrator and/or Building and Inspections Administrator, verifies that an application for approval of a sign complies with the requirements of Subchapter 25.05-C, Signs, which may include a sign design program approved by the Planning and Zoning Commission. Sign permits may be issued simultaneously with building permits or other required permits.
2. Application. Each application for a sign permit shall contain or be accompanied by the following information:
   1. The name and address of the owner of the sign and for the person entitled to possession of that portion of the premises where the sign is located or proposed to be located;
   2. Name and address of the owner of the premises where the sign is located or proposed to be located;
   3. Drawings showing the location of the sign and location and sizes of all other existing signs on the same premises;
   4. Information stating the dimensions, supports, sizes, materials, and type of the sign being proposed;
   5. Other information or documentation as the Administrator or Building and Inspections Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
3. Historic Districts. In reviewing, considering, and approving a sign permit in the HA districts, including the HA-4, HA-P, and other applicable sub-districts, the application is processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the Administrator upon the recommendation of the Historic Preservation Commission, as set out in Table 25.06.060.2, Administrative Permits and Approvals.

1. Generally. If a proposed sign meets all standards of this Code, or all standards set out in an approved sign design program for the property, as set out in Section 25.05.190, Sign Design Program, then the Administrator or Building and Inspections Administrator will issue the sign permit.
2. Historic Districts. The Administrator shall approve, approve with conditions, or deny a sign permit application, upon receipt of a recommendation of the Historic Preservation Commission.

1. Except for the exemption set out in Item 2, Applicability, above, work requiring a permit that is started or which proceeds prior to obtaining a sign permit, is deemed illegal and the permit fee shall be doubled. The payment of such fee shall not relieve any person, firm, or corporation from fully complying with the requirements or penalties of this Code.
2. Every permit issued by the Administrator or Building and Inspections Administrator shall become null and void if the construction is not commenced within, or work authorized by the permit is suspended or abandoned for a period of, 180 days from the date the permit was issued. Any time after the work is resumed, a new permit shall first be obtained for which the fee will be one-half the amount required for a new permit for such work, provided that no changes have been made in the original plan.

1. Section 25.03.140, Single-Family, Duplex, Twin Home, and Townhome Design Standards;
2. Section 25.04.150, Manufactured Home Park Design Standards;
3. Section 25.04.160, Multiple-Family Housing Design Standards;
4. Section 25.04.170, Traditional Neighborhood Design (TND) Standards;
5. Section 25.04.180, Nonresidential and Mixed Use Development Design Standards; and
6. Section 25.04.190, Special District Design Standards.

1. Discretion is required as to the appropriateness and level of conformity of the site plan with the standards of this Code and the policies and objectives of City plans;
2. In the determination of the Design Review Committee the site plan does not conform to the standards and requirements of this Code;
3. The applicant requests variations or modifications to the standards set out in Subchapter 25.03-C, Design Standards; or
4. The applicant appeals the recommendation of the Design Review Committee or the decision of the Administrator and requests the review and decision of the Planning and Zoning Commission.

1. General Conformance. A site plan must comply with the standards of this Code and shall:
   1. Be used to implement the objectives and directions of the Design Works Design Guidelines as well as the Comprehensive Plan and special area plans including, but not limited to, those for Historic Pearl Street, and the Hamilton, Geneva, Pierce, and West 7th Street Corridors in a manner that is consistent with the standards of this Code.
   2. 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 Code.
   3. Not materially and adversely affect the public health or safety through interpretations of the standards of this Code that do not give full effect to other provisions that would be protective to health and safety if applied.
   4. Recognize the limits of existing and planned infrastructure, by thorough examination of the availability and capacity of water, sewer, drainage, and transportation systems to serve present and future land uses.
   5. Provide for compatibility between the proposed development, surrounding land uses (existing or planned), and the natural environment.
   6. Provide for efficient and adequate provision of public services and solid waste removal.
   7. Protect public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, and flooding.
   8. Provide for accessibility within the proposed development and appropriate connectivity or buffering between the development and existing adjacent uses.
2. Site Design Standards:
   1. Compatibility of the proposed use and building by consideration of its scale and massing in the context of adjacent, existing buildings;
   2. Number, location, width, spacing, and surfacing of driveways;
   3. Site standards set out in Subchapter 25.02-D, Conditional and Limited Uses, as applicable;
   4. Number, location, dimensions, and setbacks of the required on-site parking and loading, together with the location, number, width, spacing, alignment, corner clearance, and design of driveways and the fixture type, height, location, and maximum illumination of exterior lighting for nonresidential uses, subject to the standards of Subchapter 25.05-A, Parking and Loading, and Subchapter 25.05-D, Exterior Lighting , or as otherwise required by the City; and
   5. Type, quantity, and placement of development and bufferyard landscaping, subject to the standards of Subchapter 25.05-B, Landscaping and Buffering.
3. Building Design Standards:
   1. Generally:
      1. Exterior wall and building trim materials;
      2. Building wall design and articulation to address monotony and blank walls;
      3. Roof type and materials, including its pitch, overhangs, eave lines, and projections;
      4. Building massing, including the lengths of uninterrupted wall planes and offsets that penetrate the roofline;
      5. Design of large buildings to appear as multiple structures through the use of varied roof forms, building projections, vertical or horizontal offsets, or architectural details;
      6. Exterior floor-to-floor height of each story and the delineations between individual floors;
      7. Building projections on the front facade below the eave line, which may consist of stoops, bay windows, covered porches, extruded entrances, or pedestrian arcades;
      8. Heights, widths, and materials of porches and arcade columns;
      9. Building wall articulations, which may include, among other treatments, a porch, stoop, balcony, windows and casings, cornices, lintels, columns, pilasters, etc.
      10. Details of front entrances;
      11. Fenestrations including the design and placement of doors and windows;
      12. Level of quality and architectural interest of buildings;
      13. Type, height, and style of building, site, and pedestrian lighting;
      14. Orientation of buildings and building features to the street, e.g. overhead doors;
      15. Location and screening treatments of ground, building, or roof-mounted mechanical and utility equipment;
      16. Other building form and design treatments as contextually appropriate.
   2. Multiple-family units with three or more dwelling units:
      1. Exterior wall and building trim materials;
      2. Continuity and cohesiveness of the building architecture and its features and patterns with that of the adjacent buildings;
      3. Articulation of building facades and use of building elements for the purpose of creating visual interest and avoiding monotony;
      4. Roof type and materials, including its pitch, overhangs, eave lines, and projections;
      5. Sizes and locations of windows and their relative percentage of the front facade, together with their accentuations, (e.g. shutters, awnings, or decorative framing); and
      6. Quality, sustainable finish materials of all building walls and roofs and their compatibility with that of the adjacent and surrounding buildings.

1. Upon referral of a site plan application, the Planning and Zoning Commission shall review the site plan for its conformance with the standards and requirements of this Code and its consistency with the policies and objectives of City plans, seek the professional input and recommendations of the Administrator and other applicable departments or agencies, and approve, approve with conditions, or deny the application.
2. If the site and building design plans are in substantial compliance with the standards of this Code and thus, recommended by the Design Review Committee and approved by the Administrator or Planning and Zoning Commission, as applicable, the Administrator may transmit the site plan to the Building and Inspections Administrator along with any advice as to conditions which may have been attached to such site plan approval.
3. In the event the site plan is deemed nonconforming and therefore, denied by the Administrator, upon the recommendation of the Design Review Committee, the owner or the agent or representative may appeal the decision, in writing, to the Planning and Zoning Commission. In the event of an appeal, the Planning and Zoning Commission shall consider and act on the appeal at its next regularly scheduled meeting. The decision of the Planning and Zoning Commission may be appealed by the owner or the agent or representative to the City Council. The decision of the City Council shall be final.
4. If the Administrator or Planning and Zoning Commission determine that the site plan should be denied, a new application affecting the same property may be submitted only if substantial change is made in the plans, as set out in Subsection 25.06.070.13, Successive Applications.

1. Approved plans for development (e.g., site plans), or the absence of a requirement for previously approved plans, this Code (including but not limited to setbacks, building coverage, height, and design); and
2. All applicable uniform building codes.

1. Upon approval of a building permit, the applicant may proceed with construction.
2. If the work described in any building permit has not begun within 90 days from the date of issuance, the building permit shall expire and be canceled by the Building and Inspections Administrator. Written notice shall be given to the persons affected.
3. If the work described in any building permit has not been substantially completed within one year of the date of issuance, the building permit shall expire and be canceled by the Building and Inspections Administrator. Written notice shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a special building permit has been obtained.

1. Certificates of Occupancy for New, Altered, or Nonconforming Uses. The following shall be unlawful until a certificate of occupancy has been issued by the Building and Inspections Administrator stating that the proposed use of the building or land conforms to the requirements of this Code:
   1. Install permanent utilities;
   2. Change any use or occupancy requiring a greater number of off-street parking or loading spaces;
   3. Use or occupy for any purpose other than agriculture land that was vacant on August 2, 1976;
   4. Use or occupy or permit the use or occupancy of any part of any building or premises that was constructed, reconstructed, remodeled, altered, or moved after August 2, 1976; and
   5. Hereafter erect, create, change, convert, or wholly or partly alter or enlarge a use or structure.
2. Exemptions. The following structures shall be exempt from this requirement:
   1. Fireplaces;
   2. Fire escapes;
   3. Accessory structures under 1,000 square feet;
   4. Fences in mixed use, nonresidential, and overlay and special districts;
   5. Loading docks;
   6. Incinerators;
   7. Vending machines;
   8. Solar energy collectors and associated heat storage; and
   9. Open decks.

1. Certificates of occupancy shall be issued for buildings, structures, or parts thereof, or uses of land if after inspection it is found that such buildings, structures, or parts thereof, or such use of land, comply with provisions of this Code, the building code, approval conditions, and all other pertinent ordinances.
2. A temporary certificate of occupancy may be issued for a period not exceeding nine months where construction, reconstruction, or remodeling of a structure does not require the vacating of the structure. Then, and only then, may a temporary certificate be issued to allow occupancy while work is in progress, provided that all necessary precautions have, in the opinion of the Building and Inspections Administrator, been taken to ensure safety to the occupants.
3. The Building and Inspections Administrator may issue a partial certificate of occupancy for part of the building, structure, or lot prior to the occupancy of the entire building, structure, or lot, provided that such portions of the building structure, or lot are in conformity with the provisions of this Code applicable building codes, approval conditions, and all other pertinent ordinances. However, partial certificates of occupancy shall not be issued for single-family detached or duplex or twin home dwellings.
4. The Building and Inspections Administrator may issue a certificate of occupancy certifying the lawful existence and use of any existing structure or use in the same manner, and subject to the same standards and limitations, as authorized by this Code with respect to new structures and uses. Such certificates shall be prima facie evidence of the facts contained in it with respect to any structure or use.

1. Decisions shall be rendered according to the procedures set out in the applicable uniform building code. If the Building and Inspections Administrator refuses a certificate of occupancy for cause, the Building and Inspections Administrator shall notify the applicant in writing of the refusal and the cause for the refusal within 10 days after written notification that the structure or premises is ready for occupancy.
2. The Building and Inspections Administrator shall maintain a record of all certificates of occupancy, and copies shall be a public record open to inspection by interested parties at reasonable times and upon reasonable notice, and shall be furnished upon the request to any person.
3. Failure to obtain a certificate of occupancy shall be a violation of this Code, and punishable under Subsection 25.06.160.3, Violations.

1. General Application. This Subsection applies to any request to interpret a provision of this Code.
2. Public Information. It is the intent of the City Council that this Code be accessible and clear to the residents, business owners, and landowners in the City. As such, the Administrator or other staff persons will provide:
   1. General information to residents, business owners, and landowners with respect to the districts that apply to property;
   2. References to the standards that may be applied to individual uses or buildings; and
   3. Requested public records that are related to the administration and enforcement of this Code.
3. Unwarranted Interpretations. It is not the intent of the City Council that the Administrator affirmatively evaluates the full development potential of individual properties or resolve other such detailed inquiries about specific properties or issues without a pending application.
4. Fees. Within these guidelines, the Administrator is authorized to waive the application fee for specific inquiries that do not involve material time commitments or copying costs, and to charge an hourly research fee for broad inquiries that are likely to involve material time commitments. Such fee shall be according to a fee schedule promulgated by City Council resolution.

1. Written Request for Non-Use Interpretation. Except as provided in Item 2., below, a request for interpretation of any provision of this Code shall be submitted in writing, in duplicate copies, to the 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 the rendering of any interpretation, the Administrator may require further facts and information as are, in the Administrator’s judgment, necessary to a meaningful interpretation of the provision in question.
2. Application for Use Interpretation. Applications for a use interpretation shall be submitted in writing, in duplicate, to the Administrator. The application shall be in such form and contain such information as shall be prescribed from time to time by the Administrator but shall in all instances contain at least the following:
   1. The applicant's name and address;
   2. If a specific parcel of property is involved, the general location or address of the subject property;
   3. The present use and district classification of the subject property, as applicable;
   4. The proposed land use;
   5. The uses permitted in the present district classification which are functionally similar to the proposed land use;
   6. Documents, statements, and other evidence demonstrating the functional and operational characteristics of the proposed land use; and
   7. Other information or documentation as the Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
3. Action by the Administrator. Within 14 days following the receipt of a completed request or application for interpretation, the Administrator shall inform the applicant in writing of the interpretation. The Administrator shall state the specific precedent, reasons, and analysis upon which such interpretation is based.
4. Criteria and Determination. The decision criteria and effect of the determination of the Administrator shall be as set out in Section 25.02.140, Uses That Are Not Listed.
5. Record Keeping. The Administrator shall keep a record of all interpretations issued and shall transmit a copy of said interpretations to the Economic and Community Development Director or another department, as applicable.

1. The materials or scenario posed by the applicant;
2. The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in Webster’s Third New International Dictionary or other current and authoritative dictionaries;
3. The purpose statement for the applicable Code section that is subject to interpretation;
4. Any other provision of the Comprehensive Plan, Municipal Code, or state or federal law that is related to the same subject matter;
5. Any technical meanings of the words used in the provision subject to interpretation;
6. Other interpretations rendered by the City relating to the same or related provisions of this Code;
7. The consequences of the interpretation;
8. The legislative history;
9. The problem or issue that is addressed by the provision subject to interpretation; and
10. Sources outside the Code provisions that provide a related source for the definition, such as technical or professional literature.

1. Official Interpretation. Within 30 days after the application for an interpretation is filed, the Administrator shall make a good faith effort to interpret the provision that is the subject of the application. The Administrator shall respond to the applicant in writing, and shall keep a copy of the response in a record of interpretations. The Administrator may consult with the City Attorney or other officials, departments, or agencies in drafting the interpretation.
2. Legal Advice. The City does not provide legal advice to applicants or property owners. Private parties, including purchasers, lenders, title insurers, and others are advised to seek legal opinions from their attorneys with respect to specific potential applications of this Code. No interpretation provided by the Administrator pursuant to this Subsection shall be construed as legal advice.

1. Increase the maximum allowable height of a fence by no more than two feet, based on the standards set out in Subsection 25.03.090.3, Fences and Walls, and Subsection 25.03.100.3, Fences and Walls;
2. Increase the permitted height of a building by no more than 10 percent higher than that set out in Subsection 25.03.030.3, Lot and Building Standards, and Subsection 25.03.040.1, Development Standards;
3. Reduce the required minimum interior and street side setbacks for principal structures in the residential districts by no more than two feet and five feet, respectively, based on the setback standards set out in Subsection 25.03.030.3, Lot and Building Standards (Note: See Subsection 25.03.020.4, Alternative Standards, regarding alternative setbacks in the Neighborhood Conservation Sub-Districts);
4. Reduce the required minimum front and rear yard setbacks for principal structures in the residential districts by no more than five feet, based on the setback standards set out in Subsection 25.03.030.3, Lot and Building Standards (Note: See Subsection 25.03.020.4, Alternative Standards, regarding alternative setbacks in the Neighborhood Conservation Sub-Districts);
5. Reduce the minimum required lot area and width requirements by no more than 10 percent, based on the lot dimensions set out in Subsection 25.03.030.3, Lot and Building Standards (Note: See Subsection 25.03.020.4, Alternative Standards, regarding alternative building coverage standards in the Neighborhood Conservation Sub-Districts);
6. Increase the maximum coverage ratio of lots by no more than 10 percent, based on the coverage ratios set out in Subsection 25.03.030.3, Lot and Building Standards (Note: See Subsection 25.03.020.4, Alternative Standards, regarding alternative building coverage standards in the Neighborhood Conservation Sub-Districts);
7. Reduce the minimum required front, interior and street side, and rear yard setbacks in the residential districts, without limit, as required to:
   1. Provide handicap accessible ramps to a dwelling; or
   2. Allow reconstruction of a historically accurate structure;
8. Increase the maximum height of a detached garage in the residential districts to the greater of 20 feet or the height of the principal structure.
9. Reduce the minimum required side and rear yard setbacks of accessory buildings and structures in the residential districts by no more than one foot, provided that the building wall closest to the property line for which relief is being sought has not more than a one foot roof overhangs and has no less than a one-hour fire rating.
10. Increase the aggregate area of detached accessory structures in the residential districts to the greater of 1,000 square feet or the building coverage of the principal structure.
11. Permit detached accessory structures that encroach into required setbacks to be attached to the principal structure.
12. Allow telecommunication towers in districts other than where they are allowed as a limited or conditional use in Table 25.02.130, Agricultural, Industrial, Utility, and Communication Uses.
13. Allow telecommunication towers that are accessory to an allowed or approved conditional use to exceed the maximum height permitted in the respective district, up to a maximum height of 75 feet.
14. Increase the permitted encroachment of roof overhangs into required front and street side yards by no more than two feet.
15. Allow driveways to parking areas that are otherwise not allowed, provided a determination is made by the Administrator that there is no other reasonable or viable alternative to provide the required off-street parking in conformance with the standards and requirements of this Code. For the Administrator to issue a minor modification, the property owner or applicant must establish that the property had previous access to off-street parking. The location of the access to the parking area shall comply with the standards set out in Section 25.05.050, Site Access, which shall be approved by the City Engineer.
16. Reduce the minimum required interior side setback for single family to duplex conversions by no more than 3 feet.
17. Garages may be allowed within a required front yard or street side yard under the following circumstances:
    1. When the yard slopes so severely that the roof of the garage is no more than four (4) feet above the surface of the ground at the top of the area of grade change;
    2. The base of the garage closest to street right-of-way will not extend into the area between the end of the grade change and the street right-of-way;
    3. When no more than 25 percent of its side walls are above ground and exposed to the elements; and
    4. After a finding by the Administrator, or a designee, that:
       1. Such orientation will be in harmony with the character of development of the neighborhood. In no case shall such a garage be allowed in which more than 25 percent of its side walls are above ground and exposed to the elements.
       2. Such orientation will not create a hazard to automobile or pedestrian traffic in the street; and
       3. Topographic conditions make such location necessary;

1. Application. A minor modification application may be submitted by the owner of record as shown on the records of the County Auditor. The application shall be in a form required by the Administrator and must contain a sufficient site plan and other exhibits to adequately illustrate the request.
2. Fee. A nonrefundable application fee, as established by resolution of the City Council, shall accompany the application for a minor modification.
3. Notification: A notice of the public hearing shall be mailed to the applicant and to all owners of adjacent real property, as set out in Subsection 25.06.070.9, Public Notice.
4. Public Hearing. The Administrator shall conduct a public hearing in the same manner as set out in Subsection 25.06.070.10, Public Meetings and Hearings.

1. General Guidelines. The power to grant minor modifications should be exercised liberally under circumstances where approval of the minor modification will maximize a property owner’s use of property and better carry out the intent of this Code and the Comprehensive Plan than strict adherence to this Code.
2. Obligation of Applicant. A minor modification shall not be approved unless the applicant establishes the existence of each of the following conditions:
   1. Granting the minor modification would be in the public interest, meaning that the applicant must demonstrate that the minor modification will not:
      1. Adversely impact the land on which the minor modification is requested and the surrounding properties;
      2. Substantially increase the congestion of buildings, people, or motor vehicles;
      3. Endanger the public health or safety, or otherwise be materially detrimental to the welfare of nearby neighbors or the public at large;
      4. Unduly tax public utilities or governmental services; or
      5. Materially injure the enjoyment, use, development, or value of the property in the vicinity.
   2. The property in question will benefit by approval of the minor modification without negatively impacting the neighborhood.

1. The portion of the project site for which the avigation permit is requested is confirmed to be within the boundaries of the Airport Protection (AP) district and the corporate limits of the City of Sioux City;
2. The Airport Director has been consulted by the Administrator and has provided technical input and applicable findings and recommendations for the consideration of the avigation permit by the Airport Zoning Commission;
3. The features of the property comply with the applicable requirements of 14 CFR § 77, for which a study may be requested by the City, as applicable, at the time of a rezoning request of upon application for development approval;
4. The degree of protection of the area for landing, taking off, and maneuvering aircraft is considered reasonable, based upon planning, engineering, and scientific methods of study, as applicable;
5. The permit issuance will comply with the provisions of Item L., Required Permit, of Subsection 25.02.060.1, Airport Protection (AP) District; and
6. The applicant has been advised that they may request a height variance from the Board of Adjustment.

1. Comprehensively review the site and building plans for their conformance with the standards and requirements of this Code, particularly including:
   1. Section 25.03.140, Single-Family, Duplex, Twin Home, and Townhome Design Standards;
   2. Section 25.03.150, Manufactured Home Park Design Standards;
   3. Section 25.03.160, Multiple-Family Housing Design Standards;
   4. Section 25.03.170, Traditional Neighborhood Design (TND) Standards;
   5. Section 25.03.180, Nonresidential and Mixed Use Development Design Standards; and
   6. Section 25.03.190, Special District Design Standards.
2. Consider and act on appeals of applicants at the next regularly scheduled meeting;
3. Comprehensively review the site and building plans for consistency with the policies and objectives of City plans;
4. Seek the professional input and recommendations of the Administrator, Design Review Committee, and other applicable departments or agencies; and
5. Approve, approve with conditions, or deny the application.

1. Site Design Standards:
   1. Compatibility of the proposed use and building by consideration of its scale and massing in the context of adjacent, existing buildings;
   2. Number, location, width, spacing, and surfacing of driveways;
   3. Site standards set out in Subchapter 25.02-D, Conditional and Limited Uses, as applicable;
   4. Number, location, dimensions, and setbacks of the required on-site parking and loading, together with the location, number, width, spacing, alignment, corner clearance, and design of driveways and the fixture type, height, location, and maximum illumination of exterior lighting for nonresidential uses, subject to the standards of Subchapter 25.05-A, Parking and Loading, and Subchapter 25.05-D, Exterior Lighting , or as otherwise required by the City; and
   5. Type, quantity, and placement of development and bufferyard landscaping, subject to the standards of Subchapter 25.05-B, Landscaping and Buffering.
2. Building Design Standards:
   1. Generally:
      1. Exterior wall and building trim materials;
      2. Building wall design and articulation to address monotony and blank walls;
      3. Roof type and materials, including its pitch, overhangs, eave lines, and projections;
      4. Building massing, including the lengths of uninterrupted wall planes and offsets that penetrate the roofline;
      5. Design of large buildings to appear as multiple structures through the use of varied roof forms, building projections, vertical or horizontal offsets, or architectural details;
      6. Exterior floor-to-floor height of each story and the delineation between individual floors;
      7. Building projections on the front facade below the eave line, which may consist of stoops, bay windows, covered porches, extruded entrances, or pedestrian arcades;
      8. Heights, widths, and materials of porches and arcade columns;
      9. Building wall articulations, which may include, among other treatments, a porch, stoop, balcony, windows and casings, cornices, lintels, columns, pilasters, etc;
      10. Details of front entrances;
      11. Fenestrations including the design and placement of doors and windows;
      12. Level of quality and architectural interest of buildings;
      13. Type, height, and style of building, site, and pedestrian lighting;
      14. Orientation of buildings and building features to the street, e.g. overhead doors;
      15. Location and screening treatments of ground, building, or roof-mounted mechanical and utility equipment; and
      16. Other building form and design treatments as contextually appropriate.
3. Multiple-family units with three or more dwelling units:
   1. Exterior wall and building trim materials;
   2. Continuity and cohesiveness of the building architecture and its features and patterns with that of the adjacent buildings;
   3. Articulation of building facades and use of building elements for the purpose of creating visual interest and avoiding monotony;
   4. Roof type and materials, including its pitch, overhangs, eave lines, and projections;
   5. Sizes and locations of windows and their relative percentage of the front facade, together with their accentuation, (e.g. shutters, awnings, or decorative framing); and
   6. Quality, sustainable finish materials of all building walls and roofs and their compatibility with that of the adjacent and surrounding buildings.

1. Wireless Telecommunication Towers pursuant to Subsection 25.02.190 Wireless Telecommunication Towers. All decisions shall be in writing and sent to the applicant within seven days of the decision, stating the reasons and evidence for the decision.​

1. Application. At the conclusion of an improvement project, or no later than December 31 in the year the improvement project was completed, an application may be filed by the owner of the subject property with the City’s Community Development Department. The application requires an estimate of the improvement costs.
2. Determination of Improvement Value. In February of each year, the City Council approves and forwards all applications to the City Assessor who makes a final determination as to the value of improvements.
3. Abatement. The property owner may choose from among the tax abatement schedules for the currently active revitalization areas, as available from the City's Community Development Department.

1. The improvements were started after the date of designation of the urban revitalization area;
2. The property improvements were completed prior to the expiration of the urban revitalization area;
3. The subject property is located in a designated urban renewal area;
4. The application was submitted at the conclusion of the improvement project and no later than December 31 of the year in which the improvement was completed;
5. The improvements conform to this Code and other ordinances and regulations of the City; and
6. The improvements added taxable value to the subject property.

1. Review Steps. In reviewing, considering, and approving a sign permit in the Downtown Commercial (DC) district; the Historic 4th Street (HA-4), Historic Pearl Street (HA-P), or Historic Neighborhood or Center (HA-N) sub-districts; in residential areas; or along the state's primary highways, the sign permit application is processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable.
2. Conformance Review. Applications for sign permits in special areas shall be submitted to the Administrator, or a designee, who will review the application and plans for conformance with the standards set out in Table 25.05.180.2.3, Attached Signs, Special and Historic Districts; Table 25.05.180.3.1, Freestanding Signs, Special and Historic Districts; and Section 25.05.200, Special Area Sign Standards. The Administrator will transmit the application and plans to the appropriate bodies for review, recommendation, and/or approval, as follows:
   1. Limited Approvals.
      1. Signs proposed to be located in the Downtown Commercial (DC) district, in residential areas, or along primary highways shall be reviewed by the Design Review Committee and recommended to the Administrator who shall approve, approve with conditions, or deny the sign permit application.
      2. Signs proposed to be located in the Historic 4th Street (HA-4), Historic Pearl Street (HA-P), or Historic Neighborhood or Center (HA-N) sub-districts shall be reviewed by the Historic Preservation Commission and recommended to the Administrator who shall approve, approve with conditions, or deny the sign permit application.
   2. Conditional Approvals.
      1. Signs proposed to be located in the Downtown Commercial (DC) district, in residential areas, or along primary highways shall be reviewed by the Planning and Zoning Commission who shall approve, approve with conditions, or deny the sign permit application.
      2. Signs proposed to be located in the Historic 4th Street (HA-4), Historic Pearl Street (HA-P), or Historic Neighborhood or Center (HA-N) sub-districts shall be reviewed by the Historic Preservation Commission and recommended to the Planning and Zoning Commission who shall approve, approve with conditions, or deny the sign permit application.
3. Permitting. Sign permits may be issued simultaneously with building permits or other required permits.

1. Administrator. Limited approvals for signs proposed to be located in  the Downtown Commercial (DC) district; the Historic 4th Street (HA-4), Historic Pearl Street (HA-P), or Historic Neighborhood or Center (HA-N) sub-districts; in residential areas; or along the state's primary highways; and
2. Planning and Zoning Commission. Conditional approvals for signs proposed to be located in  the Downtown Commercial (DC) district; the Historic 4th Street (HA-4), Historic Pearl Street (HA-P), or Historic Neighborhood or Center (HA-N) sub-districts; in residential areas; or along the state's primary highways.

1. Review Steps. In reviewing, considering, and approving a sign permit, the sign permit application is processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.8, Additional Recommendations, and may be referred to other departments and agencies.
2. Conformance Review. Applications for sign permits shall be submitted to the Administrator, or a designee, who will review the application and plans for conformance with the standards set out generally in Subchapter 25.05-C, Signs, and specifically in Section 25.05.170, General Design and Maintenance Standards, and Section 25.05.180, Permanent and Temporary Signs. The Administrator will transmit the application and plans to the appropriate bodies for review, recommendation, and/or approval, as follows:
   1. Limited approvals. Signs requiring limited approval shall be reviewed by the Design Review Committee and recommended to the Administrator who shall approve, approve with conditions, or deny the sign permit application.
   2. Conditional approvals. Signs requiring conditional approval shall be reviewed by the Planning and Zoning Commission and recommended to the Administrator who shall approve, approve with conditions, or deny the sign permit application.
3. Permitting. Sign permits may be issued simultaneously with building permits or other required permits.

1. Table 25.05.180.2.1, Attached Signs, Agricultural and Residential Districts;
2. Table 25.05.180.2.2, Attached Signs, Mixed Use and Nonresidential Districts;
3. Table 25.05.180.3.1, Freestanding Signs, Agricultural and Residential Districts; and
4. Table 25.05.180.3.2, Freestanding Signs, Mixed Use and Nonresidential Districts.

1. Administrator. Signs requiring limited approvals, as set out in Table 25.05.180.1, Sign Types by District; or
2. City Council. Signs requiring conditional approvals, as set out in Table 25.05.180.1, Sign Types by District.

1. Review Steps. In reviewing, considering, and approving a sign design program, a master sign plan is processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable.
2. Conformance Review, Master Sign Plan. Applications for a master sign plan shall be submitted to the Administrator, or a designee, who will review the application and the master sign plan for conformance with the standards and contents set out in Section 25.05.190, Sign Design Program.
3. Conformance Review, Individual Signs. The Administrator shall review all sign types (e.g., attached, freestanding, temporary, etc.) for a parcel proposed for development, to determine the degree of compliance with Section 25.05.190, Sign Design Program, and shall report to the Planning and Zoning Commission with regard to the degree of deviation from these standards, if any, that is sought by the applicant. The degree of deviation sought by the applicant shall be measured against the degree of compliance with the standards of Section 25.05.190, Sign Design Program, as well as the applicable standards of Subchapter 25.05-C, Signs.
4. Approval. A master sign plan shall be reviewed by the Design Review Committee and recommended to the Planning and Zoning Commission, who shall approve, approve with conditions, or deny the master sign plan.
5. Permitting. Upon approval by the Planning and Zoning Commission of a master sign plan, all subsequent signs that are in conformance with the master sign plan shall not require an individual permit, but shall be subject to conformance review, as well as building, electrical, or other required permits.

1. The Planning and Zoning Commission shall have the final decision as to the approval, approval with conditions, or denial of a sign design program. Such decision may be appealed to the City Council.
2. The Administrator shall be the final decision as to the degree of compliance or deviation from the master sign plan pertaining to the approval and permitting of individual signs.

1. Application.
   1. Applications for a conditional use permit shall be submitted to the Administrator. As established from time to time by the City Council, a nonrefundable application fee to help defray administrative costs of a public hearing shall accompany the application.
   2. The Administrator shall submit a report of findings to the Board of Adjustment together with a recommendation as to whether or not the application should be approved, approved with conditions, or denied. Such report and findings shall be submitted to the Board of Adjustment not later than three working days prior to the scheduled public hearing.
   3. The application shall be submitted in triplicate in such form and shall contain such information and documentation as shall be prescribed from time to time by the Administrator but shall in all instances contain at least the following information and documentation:
      1. The applicant's name, address, and interest in the subject property;
      2. The owner's name and address, if different than the applicant, and the owner's signed consent to the application filing;
      3. The street address, common location, and legal description of the property;
      4. The names and addresses of all owners of property and contract purchasers of record entitled to notice under applicable statutes and Subsection 25.06.070.9, Public Notice, as shown in the records of the office of the County Recorder;
      5. The zoning classification and present use of the subject property;
      6. The particular provision of this Code authorizing the proposed conditional use;
      7. A general description of the proposed conditional use;
      8. A written statement addressing each of the criteria set out in Item 4, below, and stating specifically how the proposed conditional use relates to and meets such criteria;
      9. Other information or statements which may be necessary to show compliance with any additional standards imposed on the conditional use by the provisions of this Code or the conditions recommended by the Administrator or required by the Board of Adjustment; and
      10. Other information or documentation as the Board of Adjustment or Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
2. Public Hearing. A public hearing shall be set, advertised, and conducted by the Board of Adjustment as set out in Subsection 25.06.070.10, Public Meetings and Hearings.
3. Action by the Board of Adjustment.
   1. At the conclusion of the public hearing, the Board of Adjustment shall render its decision, in the manner and form specified by Subsection 25.06.030.3, Board of Adjustment, either approving, approving with conditions, or denying the conditional use application. However, if a majority of the Board of Adjustment members requests additional information, the decision may be delayed until the next regularly scheduled meeting of the Board of Adjustment. Failure of the Board of Adjustment to act within 30 days, or such period of time as may be agreed to by the applicant, shall be deemed a denial of the application.
   2. After a decision is made on the application for a conditional use permit the decision shall be sent to the City Council for review. The City Council may take no action or it may remand the decision back to the Board of Adjustment for further consideration. If the City Council remands a decision back to the Board of Adjustment for further consideration, the conditional use application shall be on the next regularly scheduled meeting of the Board of Adjustment. A conditional use permit shall be in effect on either the day following the City Council meeting at which the conditional use permit was on the City Council agenda and the City Council did not remand the decision back to the Board of Adjustment for further consideration or upon the date the application has been finally reconsidered by the Board of Adjustment.
   3. Within seven days of any such decision or the expiration of the 30 day period, the Administrator shall mail notice of such decision or failure to act to each person entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.
4. Amendment of Conditional Use Permit. Following establishment of the conditional use authorized by a conditional use permit, such conditional use permit may be amended, varied, or altered in the same manner, and subject to the same limitations, as any other regulation established by this Code. In addition, such conditional use permit may, at any time, be amended or altered pursuant to the procedures established by this Subsection for its original approval.
5. Permit Issuance. Upon authorization of a conditional use permit, the Administrator shall issue the permit listing all conditions imposed by the Board of Adjustment.
6. Affidavit of Compliance. Whenever any conditional use permit authorized pursuant to this Code is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Administrator stating such compliance. The applicant shall have nine months from the date of approval to submit the affidavit of compliance with conditions. Such affidavit shall be accompanied by a nonrefundable fee, as established from time to time by the City Council, to verify that such conditions have been met. Failure to submit the affidavit of compliance with conditions within the stated timeframe will revoke the original request.

1. The proposed building or use:
   1. Will be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan and this Code;
   2. 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;
   3. 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;
   4. 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;
   5. Will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance;
   6. Complies with all additional standards imposed on it by the provisions of the district in which such conditional use may be authorized.
2. In determining whether the evidence establishes that the foregoing standards have been met, the Board of Adjustment shall consider:
   1. Whether, and to what extent, the proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience or which will contribute to the general welfare of the neighborhood or community; and
   2. Whether, and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed building or use on the immediate vicinity through building design, site design, landscaping and screening.

1. Public and commercial events with an expected peak attendance of more than 1,500 persons and where indicated as “conditional” in Table 25.02.190, Temporary Uses; and
2. Construction, storage, and refuse collection facilities indicated as “conditional” in Table 25.02.220, Temporary Construction, Storage, and Refuse Collection Uses.

1. Application. Applications for a temporary use permit shall be submitted to the Administrator. A nonrefundable application fee, as established from time to time by the City Council, shall accompany each application. The application shall be submitted in triplicate in a form required by the City, and shall contain such information and documentation as prescribed from time to time by the Administrator but shall in all instances contain at least the following information and documentation:
   1. The applicant's name and address and the applicant’s interest in the subject property;
   2. The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application;
   3. The street address, common location, and legal description of the property;
   4. The names and addresses of all property owners of record entitled to notice pursuant to Subsection 25.06.070.9, Public Notice;
   5. The zoning classification and present use of the property;
   6. The particular provisions of this Code authorizing the proposed temporary use;
   7. A general description of the proposed temporary use and a written statement addressing each of the criteria set out in Item 4., Approval Criteria, below, and stating specifically how the proposed temporary use relates to and meets each criteria;
   8. Other information or statements which may be necessary to show compliance with the standards imposed on the temporary use by the regulations of the district authorizing such temporary use; and
   9. Any further information or documentation as the Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the application.
2. Public Hearing. A public hearing shall be set, advertised, and conducted by the Board of Adjustment as set out in Subsection 25.06.070.10, Public Meetings and Hearings.
3. Action by the Board of Adjustment.
   1. At the conclusion of the public hearing, the Board of Adjustment shall render its decision, in the manner and form specified by Subsection 25.06.030.3, Board of Adjustment, either approving, approving with conditions, or denying the temporary use application. However, if a majority of the Board of Adjustment members requests additional information, the decision may be delayed until the next regularly scheduled meeting of the Board of Adjustment. Failure of the Board of Adjustment to act within 30 days, or such period of time as may be agreed to by the applicant, shall be deemed a denial of the application.
   2. Within seven days of any such decision or the expiration of the 30 day period, the Administrator shall mail notice of such decision or failure to act to each person entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.
4. Amendment of Temporary Use Permit. Following establishment of the temporary use authorized by a temporary use permit, such temporary use permit may be amended, varied, or altered in the same manner, and subject to the same limitations, as any other regulation established by this Code. In addition, such temporary use permit may, at any time, be amended or altered pursuant to the procedures established by this Subsection for its original approval.
5. Permit Issuance. Upon authorization of a temporary use permit, the Administrator shall issue the permit listing all conditions imposed by the Board of Adjustment.
6. Affidavit of Compliance. Whenever any temporary use permit authorized pursuant to this Code is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Administrator stating such compliance. The applicant shall have 90 days from the date of approval to submit the affidavit of compliance with conditions. Such affidavit shall be accompanied by a nonrefundable fee, as established from time to time by the City Council, to verify that such conditions have been met. Failure to submit the affidavit of compliance with conditions within the stated timeframe will revoke the original request.

1. The proposed use is an open-land type of use and shall not involve the erection of permanent buildings or other permanent improvements and is located on an undeveloped parcel or undeveloped portion of a parcel; provided, however, that permanent buildings and structures are allowed if they conform with all regulations of the district in which the proposed use is located;
2. The proposed use and its placement on the land is such that it is not unsightly to the general public nor does it interfere with the enjoyment or use of neighboring properties; and
3. All temporary uses and structures comply with the applicable provisions of the district in which the proposed use is located.

1. Defined. The Comprehensive Plan, which may also be referred to as the General Plan, shall be defined as the entire Comprehensive Plan, any part of the Comprehensive Plan, or any plan or policies subsidiary, related to, or a part thereof, adopted by resolution of the City Council, together with such amendments as may be adopted from time to time. Upon adoption, the Comprehensive Plan shall be considered an official statement of the policy of Sioux City with respect to the:
   1. Existing and developing character of various areas of the City;
   2. Proper objectives, standards, and direction for future maintenance, growth, and development of the City;
   3. Means to be employed to protect existing character or development and to encourage future development that will be in the best interests of the City; and
   4. Actions and programs to be undertaken by the City with respect to its future maintenance and development.
2. Contents. In accordance with Iowa Code, Chapter 18B, Land Use - Smart Planning, the City shall consider the smart planning principles under Iowa Code, Section 18B.1, Iowa Smart Planning Principles, and may include the information set out in state law.

1. Plan Development. The Planning Commission shall exercise the powers and duties delegated to it by Subsection 25.06.030.2, Planning Commission, in the continuing development and revision of the Comprehensive Plan. The process of plan development is not readily adaptable to rigid procedures, but the Planning Commission, in developing a plan, shall make all reasonable efforts to obtain the views, comments, and input of interested departments, agencies, organizations, groups, businesses, and residents of the City.
2. Public Hearing. The Planning Commission, prior to making any recommendation for the adoption or amendment of a plan, or part thereof, to the City Council, shall set, advertise and conduct a public hearing in accordance with the provisions set out in Subsection 25.06.070.10, Public Meetings and Hearings.
3. Recommendation. When satisfied that a plan, or part thereof, is adequate for official adoption as the Comprehensive Plan of the City, the Planning Commission shall transmit such plan to the City Council, together with any reports or statements deemed necessary to a full consideration of such plan. Such reports or statements may include majority and minority positions.
4. Adoption. Upon receipt of a recommendation by the Planning Commission, the City Council shall review and consider the Comprehensive Plan for adoption. The Comprehensive Plan shall be adopted by resolution.
5. Review of Public Projects. Any department or agency of the City proposing to construct, establish, locate, relocate, remove, or alter any building, structure, roadway, street, park, or other development or redevelopment project involving public property or public funds which affect the Comprehensive Plan shall, before beginning any work on such building, structure, or land, submit a description of the proposed development to the Administrator for immediate transmission to the Planning Commission. In addition, the City Manager shall, before submitting a Capital Improvement Program (CIP) to the City Council, submit the CIP to the Planning Commission. Within 30 days of any such submission, the Planning Commission shall review such proposal or capital improvement program for conformity with the Comprehensive Plan, and if necessary, shall confer with the submitting agency with regard to suggested alterations. The Planning Commission shall transmit its recommendation on such proposal or such program to the submitting agency and City Manager, stating the reasons for such recommendation. The City Manager shall submit the report of the Planning Commission on the capital improvement program to the City Council at the time such program is submitted.

1. Amendment to the Future Land Map. Sufficient evidence has been provided that the Future Land Use Map amendment meets the following criteria:
   1. The proposed map amendment is compatible with existing or planned land uses on adjacent properties;
   2. Adequate public utilities, facilities, and/or services are available or may be extended in a cost-effective and efficient manner to serve the development for the type and scope suggested by the proposed amendment;
   3. The proposed map amendment is warranted by changing conditions in the area, or it corrects an error in fact concerning the property's future land use classification at the time of the original plan adoption;
   4. The map amendment meets a current need; and
   5. If the map amendment is approved, there will be an adequate supply of land permitted in the category being changed.
2. Amendment to the Plan Text. Sufficient evidence has been provided that the text amendment meets the following criteria:
   1. The proposed text amendment furthers the goals, objectives, and policies of the Comprehensive Plan;
   2. The proposed text amendment advances a legitimate public need; and
   3. The proposed text amendment is warranted by changing conditions or a current need.
3. Amendment to the Plan Boundaries. Sufficient evidence has been provided that the amendment to the plan boundaries meets the following criteria:
   1. The proposed boundary adjustment provides for a logical and desirable extension of the City's urbanizing or future urbanizing area;
   2. Events subsequent to the Comprehensive Plan adoption have changed the character and/or conditions of the area so as to make the application acceptable;
   3. The proposed boundary adjustment is compatible with and supported by the City and/or County plans concerning the proposed land use; and
   4. Adequate urban public facilities, utilities, and/or services are available or may be extended in a cost-effective and efficient manner to serve the development for the type and scope suggested by the proposed amendment.

1. Categories of allowed, limited, and conditional uses to be permitted;
2. Maximum gross density of residential uses and intensity (gross floor area) of nonresidential uses;
3. General locations of motor vehicle, bicycle, and pedestrian spaces;
4. General locations and the extent of public (common) and private open spaces;
5. General location and types of residential and nonresidential uses;
6. Phases of development;
7. A general statement of the lands to be dedicated;
8. Building elevations relative to any special flood hazard area which may exist in the development; and
9. General locations and treatments of drainage courses.

1. Application. Applications for approval of a development concept plan shall be submitted to the Administrator. A nonrefundable application fee, as established from time to time by the City Council, shall accompany each application. The application shall be submitted in a form required by the City, and shall contain 10 copies and one reproducible copy and such information and documentation as prescribed from time to time by the Administrator but shall in all instances contain at least the following information and documentation:
   1. The applicant's name, address, and interest in the subject property;
   2. The owner's name and address, if different than the applicant, and the owner's signed consent to the application filing;
   3. The names and addresses of all professional consultants advising the applicant with respect to the proposed development;
   4. The legal description of the subject property;
   5. The names and addresses of all owners of record entitled to notice pursuant to Subsection 25.06.070.9, Public Notice, and under applicable statutes and the Planning Commission's Rules of Procedure;
   6. A survey, certified by a registered land surveyor, showing property boundary lines and dimensions, and elevations above mean sea level of the lot corners and at the corners of the proposed structures (USC and GS Datum) if any part of the land is located in a floodplain or floodway;
   7. A map of the existing site conditions, at a range of scale from 10 feet to an inch to 100 feet to an inch, which depicts all significant natural, topographical, and physical features of the subject property including:
      1. Contours;
      2. Locations and extent of tree cover, including single trees in excess of six inches in diameter;
      3. Location and extent of watercourses and floodplains on or within 100 feet of the subject property;
      4. Existing drainage patterns;
      5. Vistas; and
      6. Soil conditions as they affect development; and
   8. A map depicting the existing zoning and land use of the subject property and all land within 500 feet;
   9. A map depicting the approximate location of property lines, easements, and locations and sizes of existing streets, water mains, storm and sanitary sewers, gas lines, or other underground installations;
   10. A written statement describing the proposed development and its conformance with the Comprehensive Plan and its policy statements;
   11. Schematic drawings, at a range of scale from 10 feet to an inch to 100 feet to an inch of the proposed development concept plan showing, at a minimum:
       1. The general locations of motor vehicle, bicycle and pedestrian circulation improvements;
       2. Parking and loading areas indicating approximate number of spaces;
       3. Public (common) and private open space;
       4. The general placement and height of residential, nonresidential, institutional, mixed use, and other buildings and land uses;
       5. A generalized landscaping plan; and
       6. Proposed land contours; and
   12. Tabulation of the following information which may be expressed in ranges, if applicable:
       1. Total number of dwelling units proposed by type of structure;
       2. Total square footage of building floor area proposed for commercial and industrial uses by general type of use;
       3. The general categories of land use categorized to include, but not be limited to:
          1. Residential uses by type of structure;
          2. Commercial uses;
          3. Industrial uses;
          4. Public (common) and private open space; and
          5. Streets; and
          6. Off-street parking and loading areas; and
       4. The acreage and percentage of total site area devoted to each of the above categories of use;
   13. If the planned neighborhood or traditional neighborhood development is proposed for construction in stages during more than a single construction season, a schedule for the development of each construction stage that states the approximate beginning and completion date for each such stage; and
   14. Other information as the Administrator or Planning Commission deem necessary to a full and complete review of the proposed development.
2. Waiver of Specific Submissions. At the conclusion of, or any time following the pre-application conference, as set out in Subsection 25.06.070.2, Pre-Application Conference, any information or documentation required to be submitted may be waived by the Administrator on the basis that the item is not necessary to a full and complete review of the proposed development. Such waiver shall be in writing with a copy attached to the application.
3. Optional Submission of a Planned Development Site Plan. The applicant may submit a planned development site plan for the proposed development simultaneously with the submission of the development concept plan. In such case, the applicant shall comply with all provisions of this Subsection applicable to submission of a development concept plan, as well as the provisions of Subsection 25.06.090.11, Planned Development Site Plan. The Planning Commission and City Council shall consider such plans simultaneously and shall grant or deny approval in accordance with the provisions of this Subsection and Subsection 25.06.090.11, Planned Development Site Plan.
4. Submission to Interested Agencies. Upon receipt of a complete application, the Administrator shall transmit a copy of the development concept and planned development site plan, as applicable, to the City Engineer, Inspection Services Manager, Fire Chief, Traffic Engineer, Public Works Director, Utilities Director, Superintendent of Schools, Health Director, Police Chief, and such other City officials, departments, and agencies as deemed by the Administrator to have an interest in one or more aspects of the proposed planned neighborhood or traditional neighborhood development. Within 10 days of the application filing, the agencies to whom copies of the plans were submitted shall file written comments on the plan with the Administrator, or a designee. A copy of all comments shall be made available to the applicant before the public hearing.
5. Public Hearing. A public hearing shall be set, advertised, and conducted by the Planning Commission in accordance with the provisions of Subsection 25.06.070.10, Public Meetings and Hearings.
6. Action by Planning and Zoning Commission.
   1. Within 30 days following the conclusion of a public hearing, the Planning Commission shall:
      1. Refuse to approve the development concept plan; or
      2. Approve the development concept plan, with or without conditions to be accepted by the applicant as a condition of such approval.
   2. Failure of the Planning Commission to act within 30 days following the conclusion of the public hearing, or such period as may be agreed to by the applicant, shall be deemed a recommendation for the approval of the development concept plan as submitted.
7. Action by Applicant. In the event a development concept plan is approved, or approved with conditions acceptable to the applicant, the applicant shall proceed to file a planned development site plan in accordance with the provisions of Subsection 25.06.090.11, Planned Development Site Plan. In any case where a planned development site plan has been submitted for processing concurrently with a development concept plan, the applicant shall proceed as provided in Subsection 25.06.090.11, Planned Development Site Plan.

1. Section 25.02.090, Neighborhood Types;
2. Section 25.03.030, Standards for New Neighborhoods;
3. Section 25.03.040, Standards for Nonresidential and Mixed Use Development;
4. Section 25.03.140, Single-Family, Duplex, Twin Home, and Townhome Design Standards (for planned neighborhoods);
5. Section 25.03.160, Multiple-Family Housing Design Standards (for planned neighborhoods);
6. Section 25.03.170, Traditional Neighborhood Design Standards (for traditional neighborhood developments); and
7. Section 25.03.180, Nonresidential and Mixed Use Development Design Standards (for traditional neighborhood developments).

1. Authority to Approve. A development concept plan shall be reviewed and approved, approved with conditions, or denied by the Planning Commission, based upon the recommendation of Administrator.
2. Limitation on Development Concept Plan Approval. If a planned development site plan that covers the area designated in an approved development concept plan is not filed within one year from the date of Planning and Zoning Commission approval of the development concept plan approval, or in any case where the applicant fails to file a planned development site plan and to proceed with development in accordance with the provisions of this Code and the approved development concept plan, the development concept plan approval shall expire.

1. Application. Upon approval of the development concept plan, and within the one year time limit established in Subsection 25.06.090.10, Development Concept Plan, the applicant shall submit an application for planned development site plan approval to the Administrator. The application may include the entire area included in the approved development concept plan, or one or more phases of development that is generally consistent with and in accordance with the phasing plan approved as part of the development concept plan. The application shall refine, implement, and be in substantial conformity with the approved development concept plan. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Administrator, but shall in all instances contain at least the following information and documentation, which taken together, shall constitute a planned development site plan;
   1. The applicant's name, address, and interest in the subject property;
   2. The owner's name and address, if different than the applicant, and the owner's signed consent to the application filing;
   3. A legal description of the property for which planned development site plan approval is sought;
   4. The date on which development concept plan approval was granted;
   5. A site plan drawn on permanent, reproducible material that is suitable for recording plus 10 copies of the plan, drawn at a scale of 100 feet to an inch or 40 feet to an inch with a sheet size of 22.5" X 24.5", on one or more sheets, illustrating the proposed development and use of the property for which planned development site plan approval is sought. The site plan shall include the following:
      1. A survey, certified by a registered land surveyor, showing property boundary lines and dimensions, and elevations above mean sea level (USC and GS Datum) if any part of the land is located in a floodway or floodplain.
      2. A scaled drawing of the proposed location, arrangement, and relationship and dimensions between each principal and accessory building, contained within a construction site envelope which constitutes the limits of adjustment in building placement for the purpose of obtaining a building permit. A principal and accessory building may be contained within the same envelope. Sufficient dimensions shall be provided to establish the location and size of the construction site envelope, specifying the minimum separation of buildings and distances from the envelope to other significant on-site and off-site features or improvements. For land lying in a floodway or floodplain, elevations of structures and the elevations of any floodproofing land forms shall be indicated in reference to mean sea level (USC and GS Datum). For land lying in a floodway, elevations shall be given for any changes in the shape of the land. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary.
      3. A table keyed by symbol to the site plan map summarizing the proposed land uses and their characteristics as follows:
         1. Residential. Buildings by type including height, number of housing units, gross floor area, and loading spaces, which may be expressed in ranges. Buildings containing nonresidential uses that are allowed in neighborhood conservation or mixed use districts shall be identified as to general type, such as office, clinic, hospital, mortuary, nursing home, etc.
         2. Commercial. Buildings by type of use, which may be described by referencing an appropriate commercial district, listing height, gross floor area, and off-street parking and loading spaces, which may be expressed in ranges.
      4. Location and width of vehicular and pedestrian circulation elements including:
         1. Streets and roadways;
         2. Driveways and entrances with gradients shown;
         3. Off-street parking spaces, loading spaces, and access aisles;
         4. Sidewalks, walkways and pathways; and
         5. Where there are more than 10 parking or loading spaces, the location of the area for snow storage (see Subsection 25.05.040.3, Use of Parking and Loading Areas).
      5. An improvement plan showing locations, profiles, and specifications of streets; water mains; sanitary sewers and other utilities; floodways; special flood hazard areas; storm sewers, including surface and subsurface drainage and impoundment areas; and related facilities; however, such improvement plans and specifications need not be recorded;
      6. Location, size and arrangement of all outdoor signs and lighting for nonresidential and mixed uses;
      7. General location and height of fences or walls and the types or kinds of building materials or plantings to be used for bufferyards;
      8. Location of natural open space and improved recreational areas;
      9. Proposed and approximate finished contours of land to be graded:
         1. For lands that slope less than two percent, spot elevations shall be shown at all breaks in grade along all drainage channels or swales and at selected points not more than 100 feet apart in all directions;
         2. For lands that slope more than two percent, contours shall be shown with an interval of not more than five feet where the ground slope is regular; and
         3. Contour intervals of two feet shall be shown, where necessary, because of irregular land or a need for more detailed data; and
   6. A tabulation for the site plan showing the total land area and the land areas occupied by each building type, expressed in acres and as a percent of total development, plus the land area proposed to be devoted to:
      1. Off-street parking and loading, including aisles and covered spaces;
      2. Streets;
      3. Accessory buildings; and
      4. Improved recreational and natural areas separated as to public (common) and private space, where applicable.
   7. A detailed landscaping plan identifying perimeter treatments and internal landscaping, as required;
   8. Copies of restrictive covenants that are to be recorded for the property included in the site plan;
   9. A statement regarding the provisions made for the dedication, care, and maintenance of open space and common services and facilities; and
   10. As required by the Planning and Zoning Commission, a market analysis to substantiate the demand for nonresidential and mixed uses in a traditional neighborhood development;
   11. As required by the Planning and Zoning Commission, traffic or transit analyses to evaluate the impacts of the proposed development on the street network or transit system;
   12. A soil erosion control plan for the period during which construction is scheduled to occur;
   13. A statement summarizing any changes that have been made in any document, plan, data, or information that was previously submitted, together with revised copies of any such document, plan, data, or information; and
   14. Other information as may be requested in writing within 15 days of application submission by the Administrator or the Planning and Zoning Commission on the grounds that such additional information is necessary for a full consideration of the site plan.
2. Waiver of Specific Submissions. At any time following approval by the Planning and Zoning Commission of a development concept plan, information or documentation required to be submitted by this Subsection may be waived by the Administrator on the basis that the particular item is not necessary to a full and complete review. Such waiver shall be in writing with a copy attached to the application.
3. Action by Planning and Zoning Commission.
   1. Within 45 days following the submission of the planned development site plan, or such period as may be agreed to by the applicant, the Planning and Zoning Commission shall, with such consultation and advice of the various departments of the City, review the plan.
   2. If the Planning and Zoning Commission find substantial conformity between the planned development site plan and the previously approved development concept plan, and further finds the planned development site plan to be, in all other respects, complete and in compliance with any conditions imposed by approval of the development concept plan and the provisions of this Code and all other applicable federal, state and city codes, ordinances and regulations, it shall recommend approval of the planned development site plan.
   3. If the Planning and Zoning Commission finds that the planned development site plan lacks substantial conformity to the previously approved development concept plan but merits approval notwithstanding such lack of conformity, it shall transmit the planned development site plan to the City Council together with its recommendation that the planned development site plan be approved.
   4. In any case where the Planning and Zoning Commission finds that the planned development site plan does not merit approval, it shall transmit such plan to the City Council, together with its recommendation that the planned development site plan not be approved.
   5. Failure of the Planning and Zoning Commission to act within 45 days shall be deemed a recommendation to the City Council to approve the planned development site plan as submitted.
4. Action by City Council.
   1. Within 30 days, or such period as may be agreed to by the applicant, following the receipt of the recommendation of the Planning and Zoning Commission, or the failure of the Planning and Zoning Commission to act as provided above, the City Council shall:
      1. Refuse to approve the planned development site plan;
      2. Refer the planned development site plan back to the Planning and Zoning Commission for further consideration of specified matters; or
      3. By a duly adopted resolution, approve the planned development site plan, with or without conditions to be accepted by the applicant as a condition of such approval.
   2. Failure of the City Council to act within 30 days shall be deemed a final denial of the planned development site plan.
   3. Upon final approval, the Official Zoning Map shall be amended to designate the ordinance approving the planned development site plan within the applicable district and for the approved boundaries of the planned development site plan.
5. Action by Applicant. Whenever any planned development site plan approved pursuant to this Code is made subject to conditions to be met by the applicant, the applicant shall upon meeting such conditions file an affidavit with the Administrator stating such compliance. The applicant shall have two years from the date of approval to complete any necessary construction and submit the affidavit of compliance with conditions. Such affidavit shall be accompanied by a nonrefundable fee, as established from time to time by the City Council, to verify that such conditions have been met. Failure to submit the affidavit of compliance with conditions within the stated timeframe will revoke the original request.

1. Section 25.02.090, Neighborhood Types;
2. Section 25.03.030, Standards for New Neighborhoods;
3. Section 25.03.040, Standards for Nonresidential and Mixed Use Development;
4. Section 25.03.140, Single-Family, Duplex, Twin Home, and Townhome Design Standards (for planned neighborhoods);
5. Section 25.03.160, Multiple-Family Housing Design Standards (for planned neighborhoods);
6. Section 25.03.170, Traditional Neighborhood Design Standards (for traditional neighborhood developments); and
7. Section 25.03.180, Nonresidential and Mixed Use Development Design Standards (for traditional neighborhood developments).

1. Within seven days following City Council action, the Administrator shall notify the applicant of the City Council's decision and, if approved, distribute a copy of the site plan as follows:
   1. Manager of Inspection Services Division;
   2. City Engineer or their designee;
   3. Traffic Engineer;
   4. Fire Chief;
   5. Public Works Director;
   6. Utilities Director;
   7. City Clerk;
   8. Health Director; and
   9. Police Chief.
2. A copy of the planned development site plan shall be forwarded to the City Clerk for recording with the County Recorder. All fees for recording shall be paid, in advance, by the applicant.
3. The approval, by ordinance, of a planned development site plan shall constitute zoning regulations applicable to the subject property.

1. Limitation on Planned Development Site Plan Approval. Within two years after the approval of a planned development site plan, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within two years shall void the planned development site plan approval and any permits based on such approval. The Administrator shall, without further direction, initiate an appropriate application to amend the Official Zoning Map to remove the ordinance number from the district and boundaries of the planned development area.
2. Building and Other Permits. Upon, but not before, recordation of the approved planned development site plan, and upon application by the applicant, all appropriate officials of the City may issue building and other permits to the applicant for development, construction, and other work in the area encompassed by the approved planned development site plan; provided, however, that no such permits shall be issued unless the appropriate official is first satisfied that the requirements of this Code or any ordinances of the City that are applicable to the permit sought have been met.
3. Inspections During Development. If the Building and Inspections Administrator finds that the development is not proceeding with construction according to the approved planned development site plan, the City Council shall be notified of such fact. Within 30 days of such notice, the City Council shall either:
   1. Revoke, by resolution, the planned development site plan approval and direct the Administrator to initiate appropriate amendment procedures to return the affected area of the development to an appropriate zoning classification;
   2. Take such steps as it shall deem necessary to compel compliance with the approved planned development site plan; or
   3. Require the owner or applicant to seek an amendment of the planned development site plan.

1. A planned development site plan that contains minor changes from the approved development concept plan but is forwarded to the Planning and Zoning Commission by the Administrator for a determination as to substantial compliance with the development concept plan may be approved by the Planning and Zoning Commission without a public hearing, provided that the Planning and Zoning Commission determines that all submission requirements have been met. For the purposes of this Subsection, lack of “substantial compliance” shall have the same meaning as a “major change”.
2. Applications for major changes to development concept plan or planned development site plan are processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the City Council, upon the recommendation of the Planning and Zoning Commission, as set out in Subsection 25.06.070.10, Public Meetings and Hearings.
3. Any determinations made by the Planning and Zoning Commission under this Subsection may be appealed to the City Council according to the procedures set out in Subsection 25.06.090.21, Appeals to City Council.

1. Any increase in intensity or use shall constitute a modification requiring a Planning and Zoning Commission recommendation and City Council approval. An increase in intensity of use shall be considered to be an increase in usable floor area, an increase in the number of dwelling or lodging units, or an increase in the amount of outside land area devoted to sales, displays, or demonstrations;
2. Any change greater than 10 percent in parking areas resulting in an increase or reduction in the number of spaces approved shall constitute a major change;
3. Structural alterations significantly affecting the basic size, form, style, and location of a building, as shown on the approved plan, shall be considered a major change;
4. Any reduction in the amount of open space or bufferyard, or any change in the location or characteristics of open space, shall constitute a major change;
5. Any change in use from one use group to another shall constitute a major change; and
6. Any change in pedestrian or vehicular access or circulation shall constitute a major change.

1. A zone change (map amendment) may be initiated by the owner of the property to be rezoned or their authorized agent or representative, the City Council, Planning and Zoning Commission, or any other body that is described in Subchapter 25.06-A, Administrative Bodies. Zone change applications by property owners and their agents or representatives shall be submitted on a form approved by the Administrator.
2. The Administrator may require the submission of such information as may be necessary to permit the informed exercise of judgment under the criteria for the review of a zone change application. Such information shall be related to the scale, location, and impacts of the zone change application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation in terms of: traffic (trip generation); drainage (flooding and storm surge); visual, aesthetic, and land use adjacency impacts; water and wastewater use and availability; and other information determined by the City as necessary to make an informed analysis and decision.

1. Application. When any proposed zone change is initiated by an owner of, or other person having a contractual interest in, real estate to be affected by the proposed zone change, or by the owners of 50 percent or more of the frontage of real estate to be affected by the proposed amendment, the application for such amendment, addressed to the City Council, shall be filed with the Administrator, acting as the Secretary of the Planning and Zoning Commission. A nonrefundable application fee, as established from time to time by the City Council, shall accompany the application. The application shall be in such form and contain such information as shall be prescribed from time to time by the Administrator but shall, in all instances, contain at least the following:
   1. The applicant's name, address, and interest in the subject property;
   2. The owner's name and address, if different than the applicant, and the owner's signed consent to the application filing;
   3. A statement of the need and justification for the proposed zone change, the conformity of the proposed change to the Comprehensive Plan and its development policies, and the reason for any deviations from the Comprehensive Plan and its policies;
   4. A street address, common location, and legal description of the property proposed to be rezoned to a restricted use overlay district;
   5. The names and addresses of all owners of property within 200 feet of any boundary of the property proposed for a zone change, excluding the width of any street or other public rights-of-way encountered in such distance, as shown in the records of the office of the County Recorder;
   6. The present district classification and existing uses on the property proposed to be rezoned;
   7. The area of the property proposed to be rezoned, stated in square feet or acres, or fraction thereof;
   8. A map, drawn to scale, clearly showing and locating the property proposed to be rezoned; and
   9. Other information or documentation as the Administrator or Planning and Zoning Commission may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
2. Public Hearing. A public hearing shall be set, advertised, and conducted by the Planning and Zoning Commission, as set out in Subsection 25.06.070.10, Public Meetings and Hearings.
3. Action by Planning and Zoning Commission. Within 30 days following the conclusion of the public hearing, the Planning and Zoning Commission shall transmit to the City Council its recommendation. Failure of the Planning and Zoning Commission to act within 30 days following the conclusion of the public hearing shall be deemed a recommendation for the approval of the proposed zone change as submitted.
4. Action by City Council. See Item 5, Decision, below.
5. Affidavit of Compliance with Conditions. See Item 5, Decision, below.

1. The proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives, and policies of the Comprehensive Plan or another adopted land use or area plan, including but not limited to redevelopment plans;
2. The proposed zoning is consistent with the future land use map of the Comprehensive Plan (a future land use map amendment may be processed concurrently with the zone change);
3. The proposed change is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other utilities, and the delivery of public services to the area in which the parcel proposed for a zone change is located;
4. The range of uses and the character of development that is allowed by the proposed zone will be compatible with the properties in the immediate vicinity of the parcel proposed for a zone change, and the parcel proposed for a zone change has sufficient dimensions to accommodate reasonable development that complies with the requirements of this Code, including parking and buffering requirements; and
5. 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 rezoning in order to ensure an appropriate inventory of land to maintain a competitive land market that promote economic development.

1. Action by Planning and Zoning Commission. Within 30 days following the conclusion of the public hearing, the Planning and Zoning Commission shall transmit to the City Council its recommendation. Failure of the Planning and Zoning Commission to act within 30 days following the conclusion of the public hearing shall be deemed a recommendation for the approval of the proposed zone change as submitted.
2. Action by City Council. Within 30 days of the receipt of the report of the Planning and Zoning Commission, or its failure to act as provided above, the City Council shall:
   1. Refuse the application; or
   2. By duly enacted ordinance, adopt the proposed zone change, with or without conditions; provided, however, that in the event a protest against a proposed amendment is presented, duly signed and acknowledged by the owners of 20 percent or more of the area of the lots included in such proposed change or by the owners of 20 percent or more of the property which is located within 200 feet of the exterior boundaries of the property for which the amendment is proposed, such amendment shall not be adopted except by the favorable vote of at least three-fourths of the members of the City Council. For the purposes of making the calculations to determine if a three-fourths vote of City Council is necessary, public rights-of-way shall be disregarded. Points that are 200 feet away from the property subject to the amendment shall be considered to be those points 200 feet away from said property, plus the distance of any intervening public rights-of-way. The area within the public rights-of-way shall not be counted to determine the total area within 200 feet of the subject property. In the event of a parcel of land, part of which is within 200 feet of the subject property as calculated above and part of which is not, only that portion within 200 feet shall be considered in making the above calculations.

1. Staff Review. The Administrator shall review each proposed amendment in light of the criteria of Item D., below, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Administrator shall provide a report and recommendation to the Planning and Zoning Commission.
2. Planning and Zoning Commission Recommendation.
   1. The Planning and Zoning Commission shall hold a public hearing on the proposed text amendment, as set out in Subsection 25.06.070.10, Public Meetings and Hearings. Following the public hearing, the Planning and Zoning Commission shall make a final report to the City Council.
   2. If no final report is made within 45 days of the Planning and Zoning Commission's public hearing, then the Planning and Zoning Commission may request an extension of time from the City Council. Such request shall be within the 45-day period. If no final report is made and no extension is granted, the City Council may act on the proposed amendment without a recommendation from the Planning and Zoning Commission.
   3. Failure of the Planning and Zoning Commission to issue a final report to the City Council shall be interpreted as a final report with no recommendation.
   4. Upon receiving the report of the Planning and Zoning Commission, the Administrator shall draft an ordinance, submit it to the City Attorney for approval as to form, and shall forward the ordinance to the City Council for consideration.
3. City Council Action. Upon receipt of the final report from the Planning and Zoning Commission, the City Council shall vote to approve, approve with amendments, or deny the proposed amendment, based on the approval criteria below. The City Council also may refer the proposed amendment back to the Planning and Zoning Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days.

1. Will help to implement the Comprehensive Plan, or, if it addresses a topic that is not addressed or not fully developed in the Comprehensive Plan, the proposed amendment does not impair the implementation of the Comprehensive Plan when compared to the existing Code.
2. Is consistent with the stated purposes of this Code.
3. Will maintain or advance the public health, safety, or general welfare.
4. Will help to mitigate adverse impacts of the use and development of land on the natural or built environments, including, but not limited to mobility, air quality, water quality, noise levels, stormwater management, wildlife protection, and vegetation; or will be neutral with respect to these issues.
5. Will advance the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.

1. A zone change (map amendment) may be initiated by the owner of the property to be rezoned or their authorized agent or representative, the City Council, Planning and Zoning Commission, or any other body that is described in Subchapter 25.06-A, Administrative Bodies. Zone change applications by property owners and their agents or representatives shall be submitted on a form approved by the Administrator.
2. The Administrator may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the criteria for the review of a zone change application. Such information shall be related to the scale, location, and impacts of the zone change application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation, in terms of: traffic (trip generation); drainage (flooding and storm surge); visual, aesthetic, and land use adjacency impacts; water and wastewater use and availability; and other information determined by the City as necessary to make an informed analysis and decision.

1. Application. When any proposed zone change is initiated by an owner of, or other person having a contractual interest in, real estate to be affected by the proposed zone change, or by the owners of 50 percent or more of the frontage of real estate to be affected by the proposed amendment, the application for such amendment, addressed to the City Council, shall be filed with the Administrator, acting as the Secretary of the Planning and Zoning Commission. A nonrefundable application fee, as established from time to time by the City Council, shall accompany the application. The application shall be in such form and contain such information as shall be prescribed from time to time by the Administrator but shall, in all instances, contain at least the following:
   1. The applicant's name, address, and interest in the subject property;
   2. The owner's name and address, if different than the applicant, and the owner's signed consent to the application filing;
   3. A statement of the need and justification for the proposed zone change, the conformity of the proposed change to the Comprehensive Plan and its development policies, and the reason for any deviations from the Comprehensive Plan and its policies;
   4. A street address, common location, and legal description of the property proposed to be rezoned;
   5. The names and addresses of all owners of property within 200 feet of any boundary of the property proposed for a zone change, excluding the width of any street or other public rights-of-way encountered in such distance, as shown in the records of the office of the County Recorder;
   6. The present district classification and existing uses on the property proposed to be rezoned;
   7. The area of the property proposed to be rezoned, stated in square feet or acres, or fraction thereof;
   8. A map, drawn to scale, clearly showing and locating the property proposed to be rezoned; and
   9. Other information or documentation as the Administrator or Planning and Zoning Commission may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
2. Public Hearing. A public hearing shall be set, advertised, and conducted by the Planning and Zoning Commission, as set out in Subsection 25.06.070.10, Public Meetings and Hearings. Notices of public hearings by the City Council shall be published in accordance with Subsection 25.06.070.9, Public Notice. 
3. Action by Planning and Zoning Commission. See Item 5, Decision, below.
4. Action by City Council. See Item 5, Decision, below.
5. Affidavit of Compliance with Conditions. Whenever any zone change or map amendment pursuant to this Code is made subject to conditions to be met by the applicant, the applicant shall upon meeting such conditions file an affidavit with the Administrator stating such compliance. The applicant shall have two years from the date of approval to complete any necessary construction and submit the affidavit of compliance with conditions. Such affidavit shall be accompanied by a nonrefundable fee, as established from time to time by the City Council, to verify that such conditions have been met. Failure to submit the affidavit of compliance with conditions within the stated timeframe will revoke the original request.

1. The proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives, and policies of the Comprehensive Plan or another adopted land use or area plan, including but not limited to redevelopment plans;
2. The proposed zoning is consistent with the future land use map of the Comprehensive Plan (a future land use map amendment may be processed concurrently with the zone change);
3. The proposed change is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other utilities, and the delivery of public services to the area in which the parcel proposed for a zone change is located;
4. The range of uses and the character of development that is allowed by the proposed zone will be compatible with the properties in the immediate vicinity of the parcel proposed for a zone change, and the parcel proposed for a zone change has sufficient dimensions to accommodate reasonable development that complies with the requirements of this Code, including parking and buffering requirements; and
5. 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 rezoning in order to ensure an appropriate inventory of land to maintain a competitive land market that promote economic development.

1. Action by Planning and Zoning Commission. Within 30 days following the conclusion of the public hearing, the Planning and Zoning Commission shall transmit to the City Council its recommendation. Failure of the Planning and Zoning Commission to act within 30 days following the conclusion of the public hearing shall be deemed a recommendation for the approval of the proposed zone change as submitted.
2. Action by City Council. Within 30 days of the receipt of the report of the Planning and Zoning Commission, or its failure to act as provided above, the City Council shall:
   1. Refuse the application; or
   2. By duly enacted ordinance, adopt the proposed zone change, with or without conditions; provided, however, that in the event a protest against a proposed amendment is presented, duly signed and acknowledged by the owners of 20 percent or more of the area of the lots included in such proposed change or by the owners of 20 percent or more of the property which is located within 200 feet of the exterior boundaries of the property for which the amendment is proposed, such amendment shall not be adopted except by the favorable vote of at least three-fourths of the members of the City Council. For the purposes of making the calculations to determine if a three-fourths vote of City Council is necessary, public rights-of-way shall be disregarded. Points that are 200 feet away from the property subject to the amendment shall be considered to be those points 200 feet away from said property, plus the distance of any intervening public rights-of-way. The area within the public rights-of-way shall not be counted to determine the total area within 200 feet of the subject property. In the event of a parcel of land, part of which is within 200 feet of the subject property as calculated above and part of which is not, only that portion within 200 feet shall be considered in making the above calculations.

1. A certificate of appropriateness is required upon any proposed additions or modifications to or the demolition of, in whole or in part, a historic landmark or structure within a historic district. No building permit application shall be accepted nor shall any such permit be issued, and no work shall be performed until after approval of a certificate of appropriateness upon review by the Design Review Committee if required pursuant to 25.06.030.4 Design Review Committee (DRC), public hearing and recommendation by the Historic Preservation Commission, and approval by the City Council, and not until five business days have elapsed from its transmission to the Building Official by the Administrator with any advice as to conditions which may have been attached to such a certificate of appropriateness.
2. A public hearing for an application for a certificate of appropriateness is not required in the instance where the Historic Preservation Commission determines that the application for a certificate of appropriateness is not a substantive addition or modification to a landmark or historic structure and that the certificate complies with the standards of this Code and other applicable guidelines and ordinance provisions.
3. Any determinations made by the Historic Preservation Commission under this Subsection may be appealed to the City Council according to the procedures set out in Subsection 25.06.090.21, Appeals to City Council.

1. Design Review Committee. The Administrator shall review each proposed amendment in light of the criteria of Item 5., below, and refer the application to the Design Review Committee and other departments or entities as deemed necessary. Based on the results of those reviews, the Administrator, acting on behalf of the Design Review Committee, shall provide a report to the Historic Preservation Commission.
2. Historic Preservation Commission Recommendation.
   1. The Historic Preservation Commission shall hold a public hearing on the proposed certificate of appropriateness, as set out in Subsection 25.06.070.10, Public Meetings and Hearings. Following the public hearing, the Historic Preservation Commission shall deliberate and make a final report to the City Council.
   2. If no final report is made within 45 days of the Historic Preservation Commission's public hearing, then the Historic Preservation Commission may request an extension of time from the City Council. Such request shall be within the 45-day period. If no final report is made and no extension is granted, the City Council may act on the proposed certificate of appropriateness without a recommendation from the Historic Preservation Commission.
   3. Failure of the Historic Preservation Commission to issue a final report to the City Council shall be interpreted as a final report with no recommendation.
3. City Council Action. Upon receipt of the final report from the Historic Preservation Commission, the City Council shall vote to approve, approve with conditions, or deny the proposed certificate of appropriateness, based on the approval criteria below. The City Council also may refer the proposed certificate of appropriateness back to the Historic Preservation Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days.

1. Application. Within 60 calendar days of the applicant’s receipt of the denial, the applicant shall submit documentation and exhibits to the Administrator, including, without limitation:
   1. Appraisal of the property by a licensed real estate appraiser;
   2. Estimated costs for appropriate rehabilitation prepared by a licensed architect or engineer with experience in historic preservation;
   3. Documentation of consideration of alternative uses for the property; and
   4. Documentation of public advertisement to solicit a buyer willing to appropriately rehabilitate the property.
2. Public Hearing. A public hearing shall be set, advertised, and conducted by the Historic Preservation Commission, as set out in Subsection 25.06.070.10, Public Meetings and Hearings. Notice of the public hearing shall be published in accordance with Subsection 25.06.070.9, Public Notice. The applicant shall be given written notice of the time and place of the public hearing by regular mail sent at least five business days before the meeting to the address on the application.
3. Action by Applicant. The applicant shall consult in good faith with the Historic Preservation Commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the historic resource.
4. Action by Historic Preservation Commission. See Item 5, Decision, below.
5. Action by City Council. See Item 5, Decision, below.

1. The owner cannot make reasonable beneficial use of or, for income-producing properties, the property is not capable of yielding a reasonable return, regardless of whether that return represents the most profitable return possible;
2. Reasonable efforts to find a party interested in acquiring the property and preserving it have failed; and
3. The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would render it capable of yielding a reasonable return.

Procedures. The procedure shall incorporate the following requirements:

1. Notice:

   1. The Administrator, acting as the Historic Preservation Officer and advisor to the Sioux City Historic Preservation Commission shall give notice of a public hearing in accordance with the provisions of Subsection 25.06.070.9, Public Notice. In the case of nominating a landmark or district, notice shall be provided by:

      1. Publication in an official paper or a newspaper of general circulation in the City at least once, not more than 30 nor less than 15 days before the date of the public hearing; and

      2. Certified mail to the applicant, the owner of any property subject to the application, and to any other person or persons having a direct interest in the subject matter of the hearing.

   2. The City shall submit a description of the designation proposal of a landmark or district or the petition describing the designation proposal to the Iowa State Historic Preservation Office, who shall determine if the proposal meets the criteria in Item D below, and may make recommendations concerning the proposal. Any recommendations made by the Iowa State Historic Preservation Office shall be made available by the City to the public for viewing during normal working hours at a City government place of public access.  The Historic Preservation Commission shall submit the nomination to the Iowa State Historic Preservation Office for review and recommendations at least 45 days in advance of the City Council meeting.

2. Public Hearing:  Oral or written testimony concerning the significance of the nominated landmark or district shall be taken at the public hearing from any interested person.  The Historic Preservation Commission may request expert testimony, consider staff reports, or present its own evidence regarding the compliance of the nominated object, property, site, or district of historic significance with the criteria set forth in Item 4 below.  The owner of any nominated landmark or district may be represented by counsel, shall be afforded all the due processes of the law including being given the reasonable opportunity to cross-examine expert witnesses.

3. Action of Historic Preservation Commission: Within 30 days of the close of the public hearing, the Historic Preservation Commission shall make a determination upon the evidence as to whether the nominated landmark or district meets the criteria for designation.  Such determination shall be made in an open meeting by resolution of the Historic Preservation Commission.  The Historic Preservation Commission’s recommendation, its supporting documentation, and a recommendation from Iowa State Historic Preservation Office shall be forwarded to the City Council for final approval.

4. Action of City Council. The City Council shall conduct a public hearing on the ordinance designating the landmark or district.  After the public hearing, the City Council shall approve, approve with conditions, or deny the ordinance, or remand the nomination to the Historic Preservation Commission for further consideration. A remanded nomination shall require compliance with the same procedure for designation as set forth above.  City Council approval of the ordinance shall constitute designation of the landmark or district.

5. Amendment and Rescinding of Designation. A designation may be amended or rescinded upon petition to the Historic Preservation Commission and compliance with the same procedure and according to the same criteria as set forth above for designation.

6. Zoning Designation for Districts of Historic Designation: The City of Sioux City may accept petitions to rezone districts of local, regional, or national designation to Historic Area (HA) and its sub-districts.

Approval Criteria. The Historic Preservation Commission shall determine the criteria for approval based upon their study for the identification of historic landmarks and districts, which shall include, but is not limited to:

1. Consistency with the policies and objectives of the Comprehensive Plan;

2. The demonstrated need to preserve the value of property and to protect individual sites or buildings within a historic district from inappropriate and harmful development because:

   1. The subject property is associated with events that have made a significant contribution to the broad patterns of our history; or

   2. The subject property is associated with the lives of persons significant in our past; or

   3. The subject property embodies the distinctive characteristics of a type, period, or method of construction or that represents the work of a master, or that possesses high artistic values, or that represents a significant and distinguishable entity whose components may lack individual distinction; or

   4. The subject property has yielded, or may be likely to yield, information important in prehistory or history.

3. The public benefit and the value to the community for preserving the history and character of the community and its assets.

Decision. The Historic Preservation Commission shall recommend and the City Council shall approve, approve with conditions, or deny the designation of a historic landmark or district.

Effect of Designation. In accordance with this Subsection, no designation of a historic landmark or district shall become effective unless and until the Historic Preservation Commission has conducted a public hearing, deliberated the merits of designation, and submitted its report and recommendations to the City Council and the City Council has held a public hearing and a final yea and nay vote has been taken on the designation by the City Council.

1. Notice:
   1. The Administrator, acting as the Historic Preservation Officer and advisor to the Sioux City Historic Preservation Commission, shall give notice of a public hearing in accordance with the provisions of Subsection 25.06.070.9, Public Notice. In the case of nominating a historic district or site, notice shall be provided by:

   2. Publication in an official paper or a newspaper of general circulation in the City at least once, not more than 30 nor less than 15 days before the date of the public hearing; and

   3. Certified mail to the applicant, the owner of any property subject to the application, and to any other person or persons having a direct interest in the subject matter of the hearing.

2. The City shall submit a description of the local nomination proposal of a historic district or site or the petition describing the local nomination proposal to the State Historic Preservation Office. Any recommendations made by the State Historic Preservation Office shall be made available by the City to the public for viewing during normal working hours at a City government place of public access.  The Historic Preservation Commission shall submit the nomination to the State Historic Preservation Office for review and recommendations at least 45 days in advance of the public hearing.

3. Public Hearing:  Oral or written testimony concerning the significance of the locally nominated historic district or site shall be taken at the public hearing from any interested person.  The Historic Preservation Commission may request expert testimony, consider staff reports, or present its own evidence regarding the compliance of the nominated object, property, site, or district of historic significance with the criteria set forth in Item D below.  The owner of any nominated historic district or site may be represented by counsel, shall be afforded all the due processes of the law including being given the reasonable opportunity to cross-examine expert witnesses.

4. Action of Historic Preservation Commission: Within 30 days of the close of the public hearing, the Historic Preservation Commission shall make a determination upon the evidence as to whether the locally nominated historic district or site meets the criteria for nomination.  Such determination shall be made in an open meeting by resolution of the Historic Preservation Commission.  The Historic Preservation Commission’s recommendation, its supporting documentation, and a recommendation from State Historic Preservation Office shall be forwarded to the Administrator for final approval.

5. Amendment and Rescinding of Designation. A local nomination may be amended or rescinded upon petition to the Historic Preservation Commission and compliance with the same procedure and according to the same criteria as set forth for nomination.

1. Is significant in history, architecture, archeology, engineering, and culture to the nation, state, or community;
2. Meets the Secretary of the Interior's National Register criteria for evaluation and documentation standards to identify important historic and archeological properties worthy of preservation and of consideration in making planning and development decisions;
3. Is supported for nomination by the Historic Preservation Commission and the owner of the property subject to the application, and any other person or persons having a direct interest in the nomination.

1. Appeals of Decisions. The Board of Adjustment shall hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the Administrator, or other City officials, departments, and agencies, and to that end, the Board of Adjustment shall have the same powers and be subject to the same standards and limitations as the Administrator or other City officials, departments, and agencies with respect to any order, decision, or determination being appealed. 
2. Floodway or Floodplain Appeals. All appeals from, or the interpretation of, the codes and ordinances of the City regulating the floodway or floodplain shall be the jurisdiction of the Board of Adjustment. 
3. Matters Not Subject to Appeal.
   1. Administrative recommendations to a hearing body are not subject to administrative appeal.
   2. Decisions on administrative appeal are not subject to further administrative appeal (e.g., if an appeal is taken to the Board of Adjustment regarding a decision of the Administrator to deny an application, then the decision of the Board of Adjustment with respect to that appeal is not reviewable by the City Council on a second administrative appeal).

1. Notice of Appeal. Appeal to the Board of Adjustment shall be taken within 30 days of the action complained of by filing with the Administrator, in duplicate, a notice of appeal specifying the grounds for the appeal. A nonrefundable filing fee, as established from time to time by the City Council, shall accompany the notice of appeal. The Administrator shall transmit to the Board of Adjustment one copy of the notice of appeal together with all papers constituting the record upon which the action appealed from was taken.
2. Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrator certifies to the Board of Adjustment after the notice of appeal has been filed that, by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In this case, the proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Adjustment or by the district court on application, upon reasonable written notice to the Administrator and on due cause shown.
3. Public Hearing. A public hearing shall be set, advertised, and conducted by the Board of Adjustment in accordance with Subsection 25.06.070.10, Public Meetings and Hearings.
4. Action by Board of Adjustment. Within 30 days following the close of the public hearing, the Board of Adjustment shall render a decision on the appeal. 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, notice of such decision or failure to act shall be mailed by the Administrator to all parties entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.

1. The Board of Adjustment shall decide the merits of the appeal based on their findings of fact and deliberations. Such decision may be appealed to District Court.
2. Failure of the Board of Adjustment to act within 30 days shall be deemed a denial of the appeal.
3. In any case where the notice of appeal is accompanied by an application for variance, as set out in Subsection 25.06.090.24, Variance, the Board of Adjustment shall have the authority to grant, as part of the relief, a variance but only in strict compliance with each provision of Subsection 25.06.090.24, Variance. 

1. The action is dispositive with respect to the application or a material part of it; and
2. The appeal is not used to address or resolve disputed questions of fact or law in connection with an enforcement action, or to seek relief from an enforcement action.

1. Notice of Appeal. Appeal to the City Council shall be taken within 10 days of the action complained of by filing with the Administrator, in duplicate, a notice of appeal specifying the grounds for the appeal. A nonrefundable filing fee, as established from time to time by the City Council, shall accompany the notice of appeal. The Administrator shall transmit to the City Council one copy of the notice of appeal together with all papers constituting the record upon which the action appealed from was taken.
2. Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrator certifies to the City Council after the notice of appeal has been filed that, by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In this case, the proceedings shall not be stayed other than by a restraining order, which may be granted by the City Council upon reasonable written notice to the Administrator and on due cause shown.
3. Public Hearing. A public hearing shall be set, advertised, and conducted by the City Council in accordance with Subsection 25.06.070.10, Public Meetings and Hearings.
4. Action by City Council. Within 30 days following the close of the public hearing, the City Council shall render a decision on the appeal. 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, notice of such decision or failure to act shall be mailed by the Administrator to all parties entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.

1. The City Council shall decide the merits of the appeal based on their findings of fact and deliberations. The decision of the City Council is final.
2. Failure of the City Council to act within 30 days shall be deemed a denial of the appeal.
3. In any case where the notice of appeal is accompanied by an application for variance, as set out in Subsection 25.06.090.24, Variance, the Board of Adjustment shall have the authority to grant, as part of the relief, a variance but only in strict compliance with each provision of Subsection 25.06.090.24, Variance.

1. Application. Applications for an avigation variance shall be submitted in two duplicate copies to the Administrator. A nonrefundable application fee, as established from time to time by the City Council, shall accompany the application. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Administrator and shall contain the following information and documentation:
   1. The applicant's name, address, and interest in the subject property;
   2. The name and address of the owner, if different than the applicant, and the owner's signed consent to the application filing;
   3. The street address, common location, and legal description of the subject property;
   4. The names and addresses of all property owners of record entitled to notice under applicable statutes and provisions of Subsection 25.06.070.9, Public Notice;
   5. The present use and district classification of the subject property;
   6. Other information and documentation as the Administrator may deem necessary and appropriate to a full and proper consideration and disposition of the application, which may include, but is not limited to:
      1. A site plan, drawn to a scale of not less than 50 feet to the inch, on one or more sheets, illustrating existing structures and the proposed construction, reconstruction, remodeling, alteration, or moving of buildings or structures, and including:
         1. Property boundary lines and dimensions of the property and any significant topographic or physical features of the property;
         2. The location, size, use, and arrangement of proposed buildings and of existing buildings which will remain, if any, including height in stories and feet, where relevant;
         3. Total floor area and floor area ratio; and
         4. Total square feet of ground area coverage.
      2. The location, use, and size of buildings or structures and other land uses within 100 feet of the boundaries of the avigation easement; and
      3. Other information that may be required to be shown on the site plan by the Administrator to determine that the application is in compliance with the standards and requirements of this Code and other ordinances of the City;
      4. A written statement and evidence supporting the nature and reason for the requested variance, which articulates the following:
         1. A description of the exceptional conditions that create an undue hardship on the property and its uniqueness relative to other, similar properties within the avigation easement or airport hazard area;
         2. Justification of the position that reasonable use of the property is disturbed by imposition of the avigation easement thereby warranting a variance;
         3. The characteristics of the subject property which prevent compliance with the the requirements of this Code;
         4. The minimum variance necessary and requested to permit the proposed use or construction; and
         5. The unnecessary hardship, practical difficulty, or lack of fair return that would result if the avigation easement requirements are applied to the subject property.
      5. Other information and documentation as the Board of Adjustment may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
2. Action by Administrator. Upon receipt of a completed application, the Administrator shall refer it to the Board of Adjustment for hearing and decision.
3. Public Hearing. A public hearing shall be set, advertised, and conducted by the Board of Adjustment as set out in Subsection 25.06.070.10, Public Meetings and Hearings.
4. Action by Board of Adjustment. See Item 5, Decision, below.
5. Action by Applicant. Whenever any variance pursuant to this Code is made subject to conditions to be met by the applicant, the applicant shall upon meeting such conditions file an affidavit with the Administrator stating such compliance. The applicant shall have two years from the date of variance approval to submit the affidavit of compliance with conditions. Such affidavit shall be accompanied by a nonrefundable fee, as established from time to time by the City Council, to verify that such conditions have been met. Failure to submit the affidavit of compliance with conditions within the stated timeframe will revoke the original request.

1. Granting the variance will not substantially conflict with any adopted plans or policies of the City, the purposes or intent set out in this Code, or with Chapter 329, Airport Zoning, of the Iowa Code;
2. There are exceptional conditions that create an undue hardship, applicable only to the property involved, or the intended use thereof, which do not generally apply to the other land areas or uses within the airport hazard area of the limits of the applicable avigation easement;
3. The applicant cannot derive a reasonable use of the property without approval of a variance;
4. Granting the variance will not generally set a precedent for other applications (which would indicate that a text amendment to this Code should be proposed and considered instead);
5. Granting the variance will not be detrimental to the operations of the Siouxland Gateway Airport; and
6. Granting the variance will not be detrimental to public health, safety, or welfare.

1. The Board of Adjustment shall decide the merits of the variance based on the approval criteria and their findings of fact and deliberations. Such decision may be appealed to District Court.
2. The Board of Adjustment may impose specific conditions and safeguards relating to construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Code as considered necessary to prevent injurious effects upon other property and improvements in the vicinity or upon public facilities and services. Such conditions shall be expressly set out in the resolution granting the variance and in the notice informing the applicant thereof and in any permit based thereon. Violation of such conditions and safeguards shall be a violation of this Code.
3. A variance less or different than that requested may be granted when the record supports the applicant's right to some relief but not to the relief requested.
4. Failure of the Board of Adjustment to act within 30 days shall be deemed a denial of the appeal.
5. Within seven days following such decision or the expiration of such period, the Administrator shall mail notice of such decision or failure to act to all persons entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.

1. The issuance of a variance shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of an application for any permits or approvals which may be required by the City, including, but not limited to, a building permit, certificate of occupancy, and subdivision approval.
2. No variance of the provisions of this Code shall be valid for a period longer than nine months unless a building permit is issued and construction is actually begun within that period, and is thereafter diligently pursued to completion, or unless a certificate of occupancy is issued and a use commenced within such period.
3. If an action for certiorari is filed with the District Court while a variance is under review by the City Council, the action in certiorari will take priority over the review by the City Council and the City Council will not review the variance.

1. Warrant. Except for instances relating to signs located or proposed to be located on public property, which is within the jurisdiction of the City, any person who has been ordered by the Administrator or Building and Inspections Administrator to alter or remove a sign, or any person whose sign permit application has been denied, may request a variance from the Board of Adjustment by serving written notice to the Administrator. Such variance request to the Board of Adjustment shall be on forms provided by the Administrator and upon filing of a notice of variance request, the Administrator or Building and Inspections Administrator shall take no further action with regard to the sign involved until the final decision of the Board of Adjustment has been rendered, unless the Administrator or Building and Inspections Administrator finds, by reason of the condition, location, or nature of the sign, the sign presents an immediate and serious danger to the public, in which case the Administrator or Building and Inspections Administrator shall proceed immediately as provided in this Subsection.
2. Matters Subject to Variance. The Board of Adjustment may grant variances concerning the height and setback of signs, the period for removal of nonconforming signs, the maximum sign area, the maximum number of signs, the removal of prohibited signs, and such other variances as specifically provided for in this Subsection, only if the following determinations have been made:
   1. The appeal falls within the jurisdiction of the Board of Adjustment;
   2. That all parties directly in interest have been notified of the proceedings;
   3. That the granting of the variance would not have the effect of applying sign standards from a less restrictive zone;
   4. That the property cannot be reasonably used in conformity with the provisions of this Subchapter 25.05-C, Signs;
   5. That the difficulty complained of is unique to the property in question and is not common to all properties similarly situated;
   6. That balancing the interest of the City is preserving the purpose of this Subsection or the interest of nearby properties against the interest of the applicant in using this property as proposed to be used, the granting of the variance is required by considerations of justice and equity.

1. Application. Applications for a sign variance shall be submitted in two duplicate copies to the Administrator. A nonrefundable application fee, as established from time to time by the City Council, shall accompany the application. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Administrator and shall contain the following information and documentation:
   1. The applicant's name, address, and interest in the subject property;
   2. The name and address of the owner, if different than the applicant, and the owner's signed consent to the application filing;
   3. The street address, common location, and legal description of the subject property;
   4. The names and addresses of all property owners of record entitled to notice under applicable statutes and provisions of Subsection 25.06.070.9, Public Notice;
   5. The present use and district classification of the subject property;
   6. Other information and documentation as the Administrator may deem necessary and appropriate to a full and proper consideration and disposition of the application, which may include, but is not limited to:
      1. A site plan, drawn to a scale of not less than 50 feet to the inch, on one or more sheets, illustrating existing structures and the existing and proposed location of the sign that is the subject of the application, and including:
         1. Property boundary lines and dimensions of the property and any significant topographic or physical features of the property;
         2. The location of all existing and proposed/approved street access points, private drives, and street rights-of-way, and all sight distance clear areas;
         3. The location of the nearest pavement edge of a public street;
         4. Location and size of existing and proposed trees within 40 feet of the proposed sign;
         5. Location of all existing easements;Location of all existing and proposed freestanding signage on the site, including sign kiosks;
         6. Location of all existing and proposed attached signage on the buildings, facades, fascia, parapet walls, windows, canopies, and/or awnings that will have signage;
         7. Dimensions and heights of all existing, approved, and proposed freestanding signage; and
         8. Dimensions and heights of all existing, approved, and proposed attached signs, and calculations regarding sign area.
      2. Design elevations or a design theme with illustrative examples of each sign type and the proposed general locations of each sign type, to include:
         1. Materials and colors;
         2. For freestanding signs, proposed landscaping around the base of the sign;
         3. Proposed illumination, including location of fixtures (or annotation regarding internal lighting) and proposed illumination levels); and
         4. Maximum number of items of information per sign face.
      3. A written statement and evidence supporting the nature and reason for the requested variance, which articulates the following:
         1. A description of the exceptional conditions that create an undue hardship on the property and its uniqueness relative to other, similar properties in the district or general vicinity;
         2. Validation of the position that reasonable use of the property is disturbed by imposition of the sign standard warranting a variance;
         3. The characteristics of the subject property or sign which prevent compliance with the the requirements of this Code;
         4. The minimum variance necessary and requested to permit the proposed sign or sign modification; and
         5. The unnecessary hardship, practical difficulty, or lack of fair return that would result if the sign regulations are applied to the subject property.
      4. Other information and documentation as the Board of Adjustment may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
2. Action by Administrator. Upon receipt of a completed application, the Administrator shall refer it to the Board of Adjustment for hearing and decision.
3. Public Hearing. A public hearing shall be set, advertised, and conducted by the Board of Adjustment as set out in Subsection 25.06.070.10, Public Meetings and Hearings.
4. Action by Board of Adjustment. See Item 5, Decision, below.
5. Action by Applicant. Whenever any variance pursuant to this Code is made subject to conditions to be met by the applicant, the applicant shall upon meeting such conditions file an affidavit with the Administrator stating such compliance. The applicant shall have two years from the date of variance approval to submit the affidavit of compliance with conditions. Such affidavit shall be accompanied by a nonrefundable fee, as established from time to time by the City Council, to verify that such conditions have been met. Failure to submit the affidavit of compliance with conditions within the stated timeframe will revoke the original request.

1. Granting the sign variance will not substantially conflict with any adopted plans or policies of the City, or the purposes or intent set out in this Code;
2. There are exceptional conditions creating an undue hardship, applicable only to the property involved, or the intended use thereof, which do not generally apply to the other land areas or uses within the same district or the general vicinity;
3. The applicant cannot derive a reasonable use of the property without approval of a sign variance;
4. Granting the sign variance will not generally set a precedent for other applications (which would indicate that a text amendment to this Code should be proposed and considered instead);
5. Granting the sign variance will not be detrimental to any adjacent properties or the area; and
6. Granting the sign variance will not be detrimental to public health, safety, or welfare.

1. The Board of Adjustment shall decide the merits of the variance based on the approval criteria and their findings of fact and deliberations. Such decision may be appealed to District Court.
2. The Board of Adjustment may impose specific conditions and safeguards relating to construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Code as considered necessary to prevent injurious effects upon other property and improvements in the vicinity or upon public facilities and services. Such conditions shall be expressly set out in the resolution granting the variance and in the notice informing the applicant thereof and in any permit based thereon. Violation of such conditions and safeguards shall be a violation of this Code.
3. A variance less or different than that requested may be granted when the record supports the applicant's right to some relief but not to the relief requested.
4. Failure of the Board of Adjustment to act within 30 days shall be deemed a denial of the appeal.
5. Within seven days following such decision or the expiration of such period, the Administrator shall mail notice of such decision or failure to act to all persons entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.

1. The issuance of a variance shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of an application for any permits or approvals which may be required by the City, including, but not limited to, a building permit, certificate of occupancy, and subdivision approval.
2. No variance of the provisions of this Code shall be valid for a period longer than nine months unless a building permit is issued and construction is actually begun within that period, and is thereafter diligently pursued to completion, or unless a certificate of occupancy is issued and a use commenced within such period.
3. If an action for certiorari is filed with the District Court while a variance is under review by the City Council, the action in certiorari will take priority over the review by the City Council and the City Council will not review the variance.

1. The Board of Adjustment may authorize such variances as will not be contrary to the spirit of this Code; are consistent with the interests of public health, safety, and welfare; and where there is substantial justice for the applicant and owners, as well as the residents of surrounding properties. Variances may be authorized only in accordance with the conditions enumerated in Item 4, Approval Criteria, below, and then only in compliance with the procedures of this Subsection.
2. An application for a variance may be filed by the owner of, or any other person having a contractual interest in, the subject property.
3. Some variances are not within the jurisdiction of the Board of Adjustment and are therefore, not subject to this Subsection. These variances are:
   1. Building code variances (variances to the requirements of adopted standardized building codes and amendments to such codes that are adopted by the City and amended from time to time), which are subject to the requirements of Title 20, Buildings and Construction, of the Municipal Code, or where the such Title is silent, the adopted standardized code.
   2. Variances from the terms of one or more conditions of approval imposed by a development review body described in Subchapter 25.06-A, Administrative Bodies. Modifications to conditions of approval shall be sought from the body that granted the approval.
   3. Variances that would have the effect of making existing nonconforming or illegal construction (buildings and structures), site improvements, parking, signage, lighting, or landscaping conforming. Nonconforming situations are subject to the requirements of Subchapter 25.06-C, Nonconformities.
   4. Variances that would allow a use in a district in which the use is prohibited or which would constitute a change in district boundaries;
   5. Variances used to modify any requirements that are set out in Subchapter 25.02-D, Conditional and Limited Uses; and
   6. Variances used to vary state or federal laws or regulations unless such authority is expressly granted to the City.
4. Variances that are prohibited include those that:
   1. Would allow any use or development in a Neighborhood Conservation (NC) sub-district, or in the Rural Residential (RR), Suburban Residential (SR), General Residential (GR), or Urban Residential (UR) districts which is not permitted as-of-right by the use regulations applicable in such districts, as set out in Subchapter 25.02-C, Land Uses;
   2. Would allow a prohibited industrial use or development in the Mixed Use (MU), Suburban Commercial (SC), General Commercial (GC), or Downtown Commercial (DC) districts which is not permitted as-of-right by the use regulations applicable in such districts, as set out in Subchapter 25.02-C, Land Uses;
   3. Would allow any use or development in the Business Park (BP) or General Industrial (GI) districts which is not permitted as-of-right by the use regulations applicable in such districts, as set out in Subchapter 25.02-C, Land Uses;
   4. Would allow creation of a lot or parcel that cannot be developed in compliance with this Code or other ordinances of the City;
   5. Are intended as a temporary measure only; and
   6. Are greater than the minimum variance necessary to relieve the practical difficulty, unnecessary hardship, or lack of fair return demonstrated by the applicant.

1. Application. Applications for a variance shall be submitted in two duplicate copies to the Administrator. A nonrefundable application fee, as established from time to time by the City Council, shall accompany each application. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Administrator and shall contain the following information and documentation:
   1. The applicant's name, address, and interest in the subject property;
   2. The name and address of the owner, if different than the applicant, and the owner's signed consent to the application filing;
   3. The street address, common location, and legal description of the subject property;
   4. The names and addresses of all property owners of record entitled to notice under applicable statutes and provisions of Subsection 25.06.070.9, Public Notice;
   5. The present use and zoning classification of the subject property;
   6. Other information and documentation as the Administrator may deem necessary and appropriate to a full and proper consideration and disposition of the application, which may include the following:
      1. A site plan, drawn to a scale of not less than 50 feet to the inch, on one or more sheets, illustrating existing structures and the proposed construction, reconstruction, remodeling, alteration or moving, and including the following:
         1. Property boundary lines and dimensions of the property and any significant topographic or physical features of the property;
         2. The location, size, use, and arrangement of proposed and existing buildings, if any, including height in stories and feet, where relevant; floor area ratio; total floor area; total square feet of ground area coverage; and number of dwelling units;
         3. Minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure;
         4. Location, dimensions, and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles; and total lot coverage of all parking, loading, driveway and aisle areas;
         5. Location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for buffering;
         6. Location, designation, and total area of all usable open space;
         7. The location, use, and size of structures and other land uses within 100 feet of the boundaries of the subject property; and
         8. Any other information that may be required to be shown on the site plan by the Administrator to determine that the application is in compliance with this Code and other ordinances of the City.
   7. A written statement and evidence supporting the nature and reason for the requested variance, which articulates the following:
      1. A description of the exceptional conditions that create an undue hardship on the property and its uniqueness relative to other, similar properties within the district and the general vicinity;
      2. Justification of the position that reasonable use of the property is disturbed by imposition of the standards or regulations warranting a variance;
      3. The characteristics of the subject property which prevent compliance with the requirements of this Code;
      4. The minimum variance necessary and requested to permit the proposed use or construction; and
      5. The unnecessary hardship, practical difficulty, or lack of fair return that would result if the standards and regulations are applied to the subject property.
   8. Such other and further information and documentation as the Board of Adjustment may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
2. Action by Administrator. Upon receipt of a completed application, the Administrator shall refer it to the Board of Adjustment for hearing and decision.
3. Public Hearing. A public hearing shall be set, advertised, and conducted by the Board of Adjustment as set out in Subsection 25.06.070.10, Public Meetings and Hearings.
4. Action by Board of Adjustment. See Item 5, Decision, below.
5. Action by Applicant. Whenever any variance pursuant to this Code is made subject to conditions to be met by the applicant, the applicant shall upon meeting such conditions file an affidavit with the Administrator stating such compliance. The applicant shall have two years from the date of variance approval to submit the affidavit of compliance with conditions. Such affidavit shall be accompanied by a nonrefundable fee, as established from time to time by the City Council, to verify that such conditions have been met. Failure to submit the affidavit of compliance with conditions within the stated timeframe will revoke the original request.

1. Authority of Board of Adjustment. The Board of Adjustment may authorize variances from the terms of this Code as will not be contrary to the public interest and will better carry out the intent of, rather than strict adherence to, this Code in instances where a literal enforcement of the Code will result in practical difficulties or an unnecessary hardship. The Board of Adjustment may exercise its authority where the hardship is sufficiently compelling thereby warranting the minimum variance necessary to observe the intent of the Code while substantial justice is achieved.
2. Obligation of Applicant. It is the obligation of an applicant, who bears the burden of proof, to present facts about the circumstances which would justify a variance in convincing fashion so that the decision-making authorities (e.g., Board of Adjustment, City Council, or Administrator) may be satisfied that the request is not injurious to the public health, safety, and general welfare, and that the effect of the variance will not negatively impact the immediate or general environs of the City. A variance shall not be granted unless the applicant establishes the existence of each of the following conditions:
   1. Granting the variance would not be contrary to the public interest, meaning the applicant must demonstrate that the variance will not:
      1. Adversely impact the land on which the variance is requested or impact the surrounding properties;
      2. Substantially increase the congestion of buildings, people, or motor vehicles;
      3. Endanger the public health or safety, or otherwise be materially detrimental to the welfare of nearby neighbors or the public at large;
      4. Unduly tax public utilities or governmental services; or
      5. Materially be injurious to the enjoyment, use, development, or value of the property in the vicinity.
   2. The applicant will suffer an undue and unnecessary hardship if forced to obey the strict interpretations of this Code, meaning the applicant must demonstrate each of the following:
      1. The land in question cannot yield a reasonable return if used for its present use or developed, redeveloped, or used in any other manner permitted or specially permitted by this Code (and not prohibited by any other applicable law) in the district in which said lot or parcel is located. 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 Code. Examples of this requirement are as follows:
         1. Where land is located in a district limited to residential or commercial use, and where lack of transportation, sparse development, and the refusal of lending institutions to advance money for residential or commercial uses render development consistent with the ordinance infeasible, unnecessary hardship is said to result from literal application of the ordinance; and
         2. Where the land in issue has so changed that the uses for which it was originally zoned are no longer feasible. It is not sufficient merely to show that the value of the land has been depreciated by the regulations or that a variance would permit the owner to maintain a more profitable use.
      2. The plight of the owner is due to a unique physical condition inherent in the property itself and not to the general conditions in the neighborhood, which may reflect the unreasonableness of the Code itself. The Board of Adjustment shall not find in the applicant's favor on this element if the evidence demonstrates that any offered unique physical condition was created by the applicant's own actions, or that there is no casual connection between the owner's plight and the unique physical condition offered to the board.
      3. The use or development to be authorized by the variance will not alter the essential character of the neighborhood.
   3. The variance would not result in a use or development of the lot or parcel in question which would not be in harmony with the general purpose and intent of this Code, the Comprehensive Plan, or the City's development policies.

1. The Board of Adjustment shall decide the merits of the variance based on the approval criteria and their findings of fact and deliberations.
2. The Board of Adjustment may impose specific conditions and safeguards relating to construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Code as considered necessary to prevent injurious effects upon other property and improvements in the vicinity or upon public facilities and services. Such conditions shall be expressly set out in the resolution granting the variance and in the notice informing the applicant thereof and in any permit based thereon. Violation of such conditions and safeguards shall be a violation of this Code. 
3. A variance less or different than that requested may be granted when the record supports the applicant's right to some relief but not to the relief requested.
4. Failure of the Board of Adjustment to act within 30 days shall be deemed a denial of the appeal.
5. Within seven days following such decision or the expiration of such period, the Administrator shall mail notice of such decision or failure to act to all persons entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.

1. The issuance of a variance shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of an application for any permits or approvals which may be required by the City, including, but not limited to, a building permit, certificate of occupancy, and subdivision approval.
2. No variance of the provisions of this Code shall be valid for a period longer than nine months unless a building permit is issued and construction is actually begun within that period, and is thereafter diligently pursued to completion, or unless a certificate of occupancy is issued and a use commenced within such period.
3. If an action for certiorari is filed with the District Court while a variance is under review by the City Council, the action in certiorari will take priority over the review by the City Council and the City Council will not review the variance.

1. Permitted Uses and Structures. Uses that were lawfully established but are not currently listed as allowed, limited, or conditional uses in the districts set out in Subchapter 25.02-C, Land Uses, except that structures that were listed as uses of land prior to the effective date and are not regulated as accessory buildings or structures (see Subchapter 25.02-F, Accessory Uses and Structures) are either:
   1. Conforming structures (if they comply with the requirements of this Code); or
   2. Nonconforming structures (see Subchapter 25.02-F, Accessory Uses and Structures).
2. Limited Uses. Uses that are listed as limited uses in the districts set out in Subchapter 25.02-C, Land Uses, but were lawfully established without a limited use permit and do not comply with the applicable standards of Subchapter 25.02-D, Conditional and Limited Uses. For these uses, the nonconforming use status may be removed by obtaining a limited use permit, as set out in Subsection 25.06.080.3, Zoning Compliance Certificate (Limited and Allowed Uses).
3. Conditional Uses. Uses that are listed as conditional uses in the district set out Subchapter 25.02-C, Land Uses, but were lawfully established without a conditional use permit. For these uses, the nonconforming use status may be removed by obtaining a conditional use permit, as set out in Subsection 25.06.090.7, Conditional Use Permit.
4. Flood Prone Uses. Uses that were lawfully established within a floodplain or floodway, but are no longer permitted in the floodplain or floodway.

1. Major Nonconforming Uses. Major nonconforming uses are those uses for which the nonconformity generates a nuisance per se or represents such incompatibility with adjacent uses and/or the Comprehensive Plan that public policy favors their elimination from the district if they are discontinued, abandoned, or destroyed. As set out in Subchapter 25.02-C, Land Uses, major nonconforming uses include, but are not limited to, mobile homes and boarding homes.
2. Minor Nonconforming Uses. All nonconforming uses that are not classified as major nonconforming uses are minor nonconforming uses. Such uses may be converted to conforming uses as provided in Section 25.06.150, Conversion of Nonconformities.

1. Fences or walls that do not comply with the height, setback, or material standards set out in Subsection 25.03.090.3, Fences and Walls, and Subsection 25.03.100.3, Fences and Walls;
2. Freestanding carports that do not comply with the location, height, construction methods, design and appearance, or building standards set out in Subsection 25.03.080.1, Carports and Porte-Cocheres; and
3. Structures located in floodplains, floodways, required yards, or open space areas that do not comply with the applicable regulations of this Code.

1. If a major nonconforming use of land or a structure is discontinued or abandoned for a period of 365 consecutive days, for any reason, whether or not the equipment or fixtures are removed, the structure(s) and premises in combination shall not be resumed unless in conformity with the regulations of the district in which it is located, except as provided in Subsection 25.06.130.3, Changes of Use and Reuse.
2. If a nonconforming mobile home or boarding home is discontinued for a period of 180 consecutive days, for any reason, it shall not be resumed. The applicant for compliance under this Subsection shall provide the Administrator with a notarized letter stating that the use was resumed within 180 days of the discontinuance or abandonment of the previous home.
3. If a minor nonconforming use is discontinued for a period of 365 consecutive days, for any reason, whether or not the equipment or fixtures are removed, the structure(s) and premises in combination shall not be resumed unless in conformity with the regulations of the district in which it is located, except as provided in Item B.5, below. However, if an application for conversion of the use is filed pursuant to Section 25.06.150, Conversion of Nonconformities, before the end of the 365 consecutive day period, the use may be resumed as a conforming use after the period expires if the application is granted.
4. Uses, or adjuncts thereof, which are or become nuisances shall not be entitled to continue a nonconforming use.

1. If a nonconforming building or structure or a nonconforming element of a building or structure is damaged or destroyed by any means, or declared unsafe by the Building and Inspection Administrator to an extent that repairs would exceed more than 50 percent of the fair market value, at the time such damage or destruction, of the building or structure or a damaged nonconforming element of a building or structure, the building, structure, or elements of the building or structure shall not be restored unless in conformity with the regulations of the district in which it is located and in conformity with the applicable off-street parking and loading requirements.
2. If the reconstruction cost and/or area of reconstruction (whichever is less) is less than or equal to 50 percent of the fair market value, no repairs or restoration, except in conformity with the applicable district regulations, shall be made unless a zoning compliance certificate is obtained and restoration is actually begun within six months after the date of such partial destruction and is diligently pursued to completion.
3. A legal nonconforming structure may be added to or enlarged if the addition satisfies one or more of the following conditions:
   1. The enlargement or addition, when considered independently of the existing building, complies with any applicable setback, height, off-street parking, and landscaping requirements;
   2. The nonconforming building and impervious surface coverages on the site are not increased and the building, after the addition, conforms to height, floor area ratio, and off-street parking regulations applicable to its district; and
   3. The addition projects no further into a required side yard setback than the existing building and the enlarged building complies with building and impervious coverage, floor area ratio, front and rear yard setbacks, and height regulations applicable to its district.

1. No use or structure which is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated unless it shall thereafter conform to all the regulations of the district in which it is located.
2. A legal nonconforming structure may be added to or enlarged if the addition satisfies one or more of the following conditions:
   1. The enlargement or addition, when considered independently of the existing building, complies with any applicable setback, height, off-street parking, and landscaping requirements;
   2. The nonconforming building and impervious surface coverages on the site are not increased and the building, after the addition, conforms to height, floor area ratio, and off-street parking regulations applicable to its district; and
   3. The addition projects no further into a required side yard setback than the existing building; the length of the side wall of the addition is the smaller of 25 feet or 50 percent of the length of the existing nonconforming side wall; and the enlarged building complies with building and impervious coverage, floor area ratio, front and rear yard setbacks, and height regulations applicable to its district.

1. Restoration. A nonconforming sign which has been damaged by fire, wind, water, or other cause in excess of 50 percent of its replacement cost shall not be restored except in conformance with this Code.
2. Replacement of Nonconforming Element. If an element of a sign that causes the sign to be nonconforming is removed, it shall not be replaced, except with a conforming element.
3. Discontinuance of Message. If a nonconforming sign structure does not display any message for a period of 90 calendar days, it shall be removed or brought into conformance with this Code. For the purposes of this standard, a temporary sign may be used to display a message while a new sign face is being designed and fabricated.
4. Removal. If a nonconforming sign structure is removed for any reason other than routine repair and maintenance, it shall not be replaced unless the replacement sign conforms to this Code.
5. Unsafe Signs. Nonconforming signs that are a danger to the public safety due to damage or wear shall be removed and shall not be replaced unless the replacement sign conforms to this Code.

1. Number of Parking Spaces.
   1. If an existing building or use is expanded, additional parking shall be required only in proportion to the new area of the building or use, as set out in Section 25.06.140, Compliance Thresholds.
   2. If the use of a building changes, resulting in additional demand for parking, additional parking shall be provided in an amount equal to the difference between the requirements of the former use (not the actual parking provided on-site) and the requirements for the new use, as set out in Subsection 25.05.030.2, Required Off- Street Parking. However, a permit for the new use may be denied if the available parking is less than 75 percent of the required parking.
   3. If an existing building is redeveloped or substantially improved, parking shall be provided as required by Section 25.05.030, Parking and Loading Calculations.
2. Size of Parking Spaces and Drive Aisles. Parking spaces and drive aisles shall be sized according to the requirements of Subsection 25.05.040.4, Space and Module Standards, when so required by Section 25.06.140, Compliance Thresholds.

1. If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Code.
2. If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its fair market value prior to destruction, it shall not be reconstructed except in conformity with the provisions of this Code.
3. Uses, or adjuncts thereof, which are or become nuisances shall not be entitled to continue as nonconforming uses.
4. Any use which has been permitted by variance shall be considered a conforming use.

1. Fences, walls and foilage which impair sight distances at a curve or intersection and thereby constitute a hazard to pedestrian or vehicular traffic shall be made conforming within one year of the effective date of this Code.
2. Nonconforming open storage operations, such as truck parking, automobile wrecking, salvage material storage, and similar uses not involving structures shall be terminated or made conforming within two years of the effective date of this Code. However, when applicable fencing or screening requirements have existed one year or less from the time when a salvage operator applied for a conditional use permit, the Board of Adjustment, as a condition to granting the permit, may grant the salvage operator up to six months of additonal time to comply with such fencing or screening requirements.
3. All uses in the Mixed Use (MU), Suburban Commercial (SC), General Commercial (GC), Downtown Commercial (DC), Business Park (BP), and General Industrial (GI) districts, as well as the Historic Area (HA) sub-districts shall be altered so as to comply with all provisions of this Code pertaining to Section 25.03.080, All Uses, and Section 25.03.100, Nonresidential and Mixed Use Accessory and Supplemental Standards, within one year of the effective date of this Code.
4. Extraction operations that are in compliance with the requirements of a grading permit pursuant to Chapter 20.30. Grading Ordinance, of the Municipal Code, as of the effective date of this Code shall be allowed to continue in operation for up to one year. After one year, the extraction operation must comply with the requirements for a conditional use pursuant as set ut in Section 25.02.190, Agricultural, Industrial, Utility, and Communication Use Standards.

1. Construction on Nonconforming Lots. A nonconforming lot that does not meet district requirements with respect to area, lot width, or frontage may be built upon if:
   1. The lot is a lot of record;
   2. The use is allowed in the district in which the lot is located;
   3. The lot has sufficient frontage on a public street to provide access that is appropriate for the proposed use;
   4. All yards, height standards, maximum building and impervious coverage, and off-street parking requirements are complied with, except that the Planning and Zoning Commission may authorize a reduction of required yards of up to 10 percent, provided that the Planning and Zoning Commission finds that the reduction does not allow a building that would be larger than permitted on a conforming lot. Yard reductions that are greater than 10 percent shall make application for a variance.
2. Re-subdivision. A nonconforming lot shall be brought into compliance if the owner applies for a re-subdivision that involves the lot.
3. Pre-Existing Nonconforming Lots. As set out in Subsection 25.03.020.2, Application, this Code does not make the following lots conforming:
   1. Lots that were originally platted as conforming lots and later split by metes and bounds description into a substandard lot; and
   2. Substandard lots for which the holder of legal title is separate from the ownership of the originally platted and abutting lot(s).

1. Where a landowner owns abutting lots that do not conform to the dimensional requirements of the district in which they are located, they shall be combined to create fully conforming lots or, if full conformity is not possible, they shall be combined if the combination will increase the degree of conformity.
2. The City will not require the combination of lots if:
   1. The combination of lots would not address a nonconformity; and
   2. Two or more of the lots are developed with principal buildings, and the combination of lots would require that one or more of the buildings be torn down in order to comply with this Code.

1. If a nonconforming use is changed to a conforming use, the nonconforming use shall not be resumed.
2. If the use of only a portion of a building or property is changed from a nonconforming use to a conforming use, then the use of that portion of the building or property shall not be changed back to the nonconforming use.

1. A conditional use permit is obtained as set out in Subsection 25.06.090.7, Conditional Use Permit;
2. The off-street parking requirements comply with the provisions of Subchapter 25.05-A, Parking and Loading;
3. The landscaping and buffering requirements comply with the provisions of Subchapter 25.05-B, Landscaping and Buffering; and
4. The property complies with the applicable yard requirements.

1. Buildings and Structures. Routine maintenance of nonconforming buildings and structures is permitted, including necessary non-structural repairs, paint, and incidental alterations such as relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, which do not extend or intensify the nonconforming buildings or structures, or materially extend their life. This standard also applies to buildings or structures that house nonconforming uses if they are designed in a way that is not suitable for re-use as a conforming use. If the building is conforming and could be re-used for a conforming use, there is no limitation on its maintenance.
2. Signs. Routine maintenance of nonconforming signs is permitted, including necessary non-structural repairs, paint, and incidental alterations which do not extend or intensify the nonconforming sign, or materially extends its life.
3. Buildings Containing Major Nonconforming Uses. No building or structure that contains a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued.
4. Signs. Routine maintenance of nonconforming signs is permitted, including necessary non-structural repairs, paint, and incidental alterations which do not extend or intensify the nonconforming sign or materially extend its life. This standard applies to changing the message of a sign by replacing or repainting the sign face.
5. Structural Alterations. Structural alterations to nonconforming buildings and structures are permitted only if it is demonstrated that the alteration will eliminate the nonconformity or reduce it in accordance with the standards of Section 25.06.140, Compliance Thresholds.
6. Safety Repairs. Nothing in this Division shall be deemed to prevent the strengthening or restoration to a safe condition of a building or structure in accordance with an order of a public official who is charged with protecting the public safety, who declares such buildings or structures to be unsafe, and orders its restoration to a safe condition, provided such restoration is not otherwise in violation of the provisions of this Division regarding damage or destruction.

1. Major Nonconforming Uses. Major nonconforming uses shall not be expanded, enlarged, extended, increased, or moved to occupy an area of land or building that was not occupied on the effective date of this Code or any amendment that made the use a major nonconforming use. Such prohibited activity shall include, without being limited to:
   1. Extension of such use to any part of a structure or land area other than one occupied by such nonconforming use on the effective date of this Code, or any amendment hereto which causes such use to become nonconforming; and
   2. Extension of such use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this Code, or any amendment hereto, which causes such use to become nonconforming. However, a nonconforming use may be extended throughout any part of a structure that was lawfully and manifestly designed or arranged for such use on the effective date.
2. Minor Nonconforming Use. No minor nonconforming use shall be expanded or extended in such a way as to:
   1. Occupy any open space or landscaped surface are that is required by this Code;
   2. Exceed building cover, impervious cover, intensity, or height limitation of the district in which the use is located;
   3. Occupy any land beyond the boundaries of the property or lot as it existed on the effective date of this Code; or
   4. Displace any conforming use in the same building or on the same parcel.

1. No structure that is devoted in whole or in part to a nonconforming use shall be moved, in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and the use shall thereafter conform to all regulations of the district in which it is located after being so moved.
2. No nonconforming use of land shall be moved, in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zone in which it is located after being so moved.

1. The neighborhood residents regularly patronize or are employed at the use (for nonresidential uses in or abutting residential neighborhoods). Good management practices eliminate nuisances such as noise, light, waste materials, unreasonably congested on-street parking, or similar conflicts.
2. There is no material history of complaints about the building, structure, or use (a history of complaints is justification for denying the conditional use permit, unless the conditions of the permit will eliminate the sources of the complaints).
3. There is no history of building code or residential housing code violations of the building, structure, or use (a history of code violations is justification for denying the conditional use permit, unless the conditions of the permit will eliminate the code violations).
4. The building, structure, or use has been maintained in good condition and its classification as a nonconformity would be disincentive for such maintenance.

1. Enforcement Official. The provisions of this Code shall be administered and enforced by the Administrator or such other person(s) as may be designated by the City Manager.
2. Compliance Required. No person shall develop or use any land, building, or structure within the City in violation of this Code, regulations authorized under this Code, or the terms and conditions of permits issued under this Code. The use of any land or structure shall conform to all conditions, restrictions, or limitations contained in any permit or required under any ordinance, and failure to conform shall be a violation of this Code.
3. Continuation of Prior Enforcement Actions. Nothing in this Code shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to regulations in effect before the effective date of this Code. Enforcement actions initiated before the effective date of this Code, and amendments hereto, may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this Code.

1. Discontinuance of illegal use of land, buildings, or structures;
2. Removal of illegal buildings or structures or of additions, alterations, or structural change thereto;
3. Discontinuance of any illegal work being done; or
4. Shall take other action authorized by law to ensure compliance with or to prevent violation of its provisions.

1. Multiple Offenses. Each day that the violation is permitted to exist after notification in writing by the Administrator and the expiration of the time designated for correction in the aforesaid notification shall constitute a separate offense. No person, firm, or corporation shall be deemed guilty of multiple offenses of this Code until receipt of the aforesaid notice and expiration of the time designated therein; however, receipt of such notice is not a prerequisite to prosecution for single offenses as set forth in Item 1, Municipal Infractions, above.
2. Civil Actions. In the case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure, or land is used in violation of this Code or any regulation made under authority conferred hereby, the City Council, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful act or to restrain, correct, or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business, or use in or about such premises.

1. Expenses under Item 5, Payment of Costs by Owner, above, shall be prorated among all lots and/or owners of lots within the subdivision; and
2. Actions directed under this Subsection are considered delivered if they are addressed and sent by certified mail to the responsible person(s) who are shown to be the responsible person(s) on the most recent tax roll of the City.

1. The City may seek injunctive relief or other appropriate relief in court of competent jurisdiction against any person who fails to comply with any provision of this Code or any requirement or condition imposed pursuant to this Code or any violation to a uniform code or other policies of the City. In any court proceedings in which the City seeks a preliminary injunction, it shall be presumed that a violation of this Code or continued violation of this Code is, will, or may be an injury to the public health, safety, or general welfare; that the public health, safety, or general welfare will or may be irreparably injured by the continuation of the violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject violation.
2. The City may seek an affirmative injunction to require the demolition or removal of a structure, or to allow the City to demolish or remove a structure and recover costs against the landowner, pursuant to the provisions of state law.

1. Make inspections to determine compliance with the provisions of this Code and the conditional use permit, and initiate appropriate action as necessary; and/or
2. Keep a record of complaints, indicating any action taken. These records shall be made available at the time of renewal of the conditional use permit if there has been a time period placed on the conditional use, or where the Planning and Zoning Commission has been requested to review the conditional use for compliance.

1. The Administrator shall provide a notice of violation to the record owner of the property upon which a conditional use is located, advising the owner that the use must be brought into compliance with specified Code sections within 30 days from the date of the notice.
2. If total compliance has not occurred or a plan for compliance has not been submitted to the Administrator within 30 days from the date of notice, then the Administrator shall issue a cease-and-desist order and notify the record owner of a hearing date by the Planning and Zoning Commission to consider revocation of the conditional use permit.
3. The Planning and Zoning Commission shall revoke the conditional use permit if the use and/or property is/are not in total compliance. The Planning and Zoning Commission may grant up to a 30 day period for compliance. The conditional use permit shall remain in suspension and the cease-and-desist order shall remain in effect until total compliance is obtained.
4. At the end of a compliance period, the Planning and Zoning Commission shall revoke the conditional use permit if total compliance has not been obtained.
5. If the use and property are brought into compliance, any further violation of terms of the conditional use permit within 90 days from the initial notice of violation are grounds for immediate revocation of the conditional use permit.
6. Revoked conditional use permits may only be reinstated by the City Council, which may impose conditions to ensure compliance.

1. The affected property owner and all property owners of the affected historic district or site, as applicable, shall be given written notice of the time and place of the hearing by certified mail sent at least 10 business days before the meeting to the owner’s address of record.
2. Notice shall be provided as set out in Subsection 25.06.070.9, Public Notice.
3. The Administrator, acting as the Historic Preservation Officer, shall make a presentation at the scheduled hearing and render a recommendation to the Historic Preservation Commission. The owner or owner’s agent or representative shall attend the scheduled hearing. In the event the owner or owner’s agent or representative fails to be present at the hearing the Historic Preservation Commission shall table the item. At any subsequent meeting and regardless of the absence of the owner or owner’s agent or representative, the Historic Preservation Commission may take action.
4. The Historic Preservation Commission shall consider a recommendation to withdrawal a designation if it finds that:
   1. A designated historic district has failed to maintain the characteristics of which it was designated; or
   2. A designated district of historic site has failed to maintain the specified criteria; or
   3. Either such a district or site has failed to follow any relevant guidelines established by the City.
5. After the City Council receives the Historic Preservation Commission’s recommendation if shall provide notice by publication as provided in Subsection 25.06.070.9, Public Notice, conduct a public hearing during which the Administrator shall make a presentation and render the Historic Preservation Commission’s recommendation, and take action on the recommendation.

1. Severability, Generally. If any chapter, division, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subchapter 25.05-C, Signs, or any other provision of this Code related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other chapter, division, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subchapter 25.05-C, Signs, or this Code.
2. Interpretation; Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this Code to the contrary, any sign erected pursuant to the provisions of this Code or otherwise lawfully existing with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that:
   1. The sign is not a prohibited sign or sign-type, and
   2. The size, height, setback, and other dimensional criteria contained in this Code have been satisfied.
3. Severability Where Less Speech Results. Without diminishing or limiting in any way the declaration of severability set forth above in Subsection B.2., above, or elsewhere in this Section, this Code, or any adopting ordinance, if any chapter, division, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subchapter 25.05-C, Signs, or any other provision of this Code related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other chapter, division, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of said provision, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
4. Severability of Provisions Pertaining to Prohibited Signs and Sign Elements. Without diminishing or limiting in any way the declaration of severability set forth above, if any chapter, division, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subchapter 25.05-C, Signs, or any other provision of this Code related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other chapter, division, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subchapter 25.05-C, Signs, that pertains to prohibited signs or sign elements. It is the intent of the City Council to ensure that as many prohibited sign types and sign elements as may be constitutionally prohibited continue to be prohibited.
5. Severability of Provisions if Adjudicated Stricken Due to a Content-Basis. It is the intent of the City Council to regulate signage in a manner that implements the purposes of this , as expressed therein. The City finds that the purposes stated in Subchapter 25.05-C, Signs, are legitimate, substantial, and compelling public interests, that the regulation of signage provided by Subchapter 25.05-C, Signs, is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation therein to be based upon content and, further, declares such regulation unconstitutional, then it is the intent of the City Council that only that portion of the provision that is found to relate to content be severed from this Code, and if it is not possible for the court to strike only the portion of the provision that is found to relate to content, then it is the intent of the City Council that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of like geometry and character that is more restrictive than the stricken provision in terms of sign area.