1.   A Board of Adjustment shall consist of five members, a majority of whom shall reside within the County but outside the corporate limits of any city, appointed by the Board of Supervisors. Terms shall be five years and vacancies shall be filled by the Board of Supervisors for the unexpired term of any member whose term becomes vacant. The Board of Supervisors shall have the power to remove any member of the Board of Adjustment for cause, upon written charges and after public hearing.

   2.   The Board of Adjustment shall elect a Chairperson and Vice Chairperson. All meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such time and place within the County as the Board of Adjustment may determine. Such Chairperson, or in his/her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public.

   3.   The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member on every question, or if absent or failing to vote indicating such fact, and shall keep complete records of its examinations and other official actions. Every rule, regulation, every amendment or appeal thereof, and every order, requirement, decision or determination of the Board of Adjustment shall be immediately filed in the office of the Director and shall be public record. The Board of Adjustment shall adopt its own rules of procedure not to conflict with the Ordinance or with the Iowa Statutes. The Board of Adjustment shall not be compensated, except for necessary expenses.

   1.   The Board of Adjustment shall hear and decide appeals where it is alleged that there is error of law in any order, requirement, decision or determination made by the Planning and Development Director or his/her designee in the enforcement of the Ordinance.

   2.   Procedure. Such appeal shall be submitted within a period of not more than 30 days from the date of the Director’s decision, and in the manner prescribed by the Board of Adjustment. Such appeal shall be filed with the Director with notice of appeal specifying the grounds thereof, filing fee and additional submittal requirements. When notice of the appeal is filed, the Director shall transmit all of the records regarding the appeal to the Board of Adjustment and place the appeal on the next scheduled meeting of the Board of Adjustment.   (Ordinance No. 184)

   3.   Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Director certifies to the Board of Adjustment, after notice of appeal shall have been filed, that by reason of the facts stated in the certificate, a stay would, in the Director’s opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Director and on due cause shown.

   1.   The Board of Adjustment shall hear and decide upon applications to vary the strict application of the height, area, setback, parking or density requirements to the extent necessary to permit the applicant a reasonable use of the property in those specified instances where there are peculiar, exceptional and unusual circumstances in connection with a specific parcel of land, which circumstances do not generally exist within the locality or neighborhood concerned and where the strict application of the ordinance would result in an unnecessary hardship. However, such variance shall not have the effect of nullifying the intent and purpose of the Ordinance. No variance shall be granted that encroaches the vision clearance standards established in Section 88.06.

   2.   Special conditions shall include but not be limited to a property owner who can show that their property was acquired in good faith and where by reason of exceptional topographical conditions or other extraordinary or exceptional situations the strict application of the terms of the Ordinance actually prohibits the use of the property in a manner reasonably similar to that of other property in the district.

   3.   The special conditions and circumstances shall not result from the actions of the applicant. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of the Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of the Ordinance in said district.

   4.   Review Process and Submittal Requirements.

      A.   Formal Application Submitted. An application for a variance submitted to the Planning and Development Department shall include:

         (1)   Application form, signed by the property owner, and filing fee.

         (2)   Written narrative explaining justification for proposed variance and conformance to the legal principles in Section 92.03(4)(D)(1).

         (3)   Site development plan sketch.

         (4)   Other information deemed necessary by the Planning and Development Director.

      B.   Interagency and Staff Review of Application. Following submittal, including applicable filing fee, of a completed application for a variance, Planning and Development shall review application materials for compliance with the legal principles in Section 92.03(4)(D)(1). The application shall also undergo review by members of the Interagency Review Team.

      C.   Meeting Notice for Board of Adjustment.

         (1)   Notice to Cities within Two Miles. Planning and Development staff shall send notice to any city located within two miles of the requested variance outlining the location, time, and date of the public hearing before the Board of Adjustment.

         (2)   Notice to Surrounding Property Owners. Planning and Development staff shall send a notice via mail to all surrounding property owners within one-fourth mile of the property included in the variance request outlining the location, time, and date of the public hearing before the Board of Adjustment.

         (3)   The failure to notify as provided in this section shall not invalidate any recommendation made under the terms of the Ordinance, provided such failure was not intentional, and the omission of the name of any owner of property who may, in the opinion of the Board of Adjustment, be affected by such amendment or change shall not invalidate any recommendation adopted hereunder, it being the intention of this subsection to provide, to the fullest extent possible, due notice that an application is pending before the Board of Adjustment.

      D.   Public Hearing before the Board of Adjustment and Board of Adjustment Action. Following completion of interagency and staff review of the application for a variance, a staff report setting forth findings of fact concerning the application's conformance to the legal principles in Section 92.03(4)(D)(1) of this chapter and any recommendations for requirements or conditions to be imposed shall be prepared by Planning and Development staff and placed on the Board of Adjustment agenda. The staff report shall be presented by the Planning and Development staff at the Board of Adjustment meeting. Any person may submit comments or request to speak on the items prior to the start of the meeting. The public hearing shall be scheduled according to standard agenda procedures. After reviewing the application at a public hearing, the Board of Adjustment shall determine whether it concurs in whole or in part with the staffs proposed findings and recommendations. To the extent the Board does not concur, the Board shall propose its own findings of fact concerning the application's conformance to the legal principles in Section 92.03(4)(D)(1) of this chapter or recommendations and provide supporting reasons. The Board of Adjustment shall make a motion regarding compliance or noncompliance of the application to the legal principles, and such motion becomes the official decision of the Board of Adjustment.

         (1)   In deciding whether to grant a variance request, the Board of Adjustment shall consider all the following legal principles. All legal principles shall be satisfied in order for the Board of Adjustment to grant a variance.

            a.   Finding of unnecessary hardship: (i) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (ii) the plight of the owner is due to unique circumstances and not to general conditions in the neighborhood which may reflect the unreasonableness of the Ordinance itself; (iii) the use to be authorized by the variance will not alter the essential character of the locality.

            b.   Granting the variance will not be contrary to the public interest.

            c.   The spirit and intent of the Story County Cornerstone to Capstone (C2C) Comprehensive Plan and Story County Land Development Regulations are protected.

      E.   Any such motion regarding compliance or noncompliance of the application to the legal principles shall specify the supporting reasons for the motion. To the extent the Board does not concur with staff's findings and recommendations, the Board shall propose its own findings of fact concerning the application's conformance to the legal principles in Section 92.03(4)(D)(1) of this chapter or recommendations and provide supporting reasons, including, but not limited to new facts or evidence presented at the public hearing. It shall be presumed that the Board adopts staff's findings and recommendations if the Board does not specifically make a motion regarding the compliance or noncompliance of the application of the legal principles.

      F.   The Board of Adjustment may attach a condition to a variance that limits the duration of said variance or other condition related to the legal principles in Section 92.03(4)(D)(1).

   5.   Appeals of Actions of the Board of Adjustment. Any interested party may appeal a variance decision of the Board of Adjustment within 30 days of recording in the following ways:

      A.   Board of Supervisors. The Board of Supervisors may provide for its review of variances granted by the Board of Adjustment before their effective date. The Board of Supervisors may remand a decision to grant a variance to the Board of Adjustment for further study. If remanded, the effective date of the variance is delayed for 30 days from the date of the remand.

      B.   Petition to Court. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment under the provisions of Chapter 331 of the Code of Iowa, or any taxpayer, or any officer, department, board or bureau of the County may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board.

   6.   Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Planning and Development Director certifies to the Board of Adjustment, after notice of appeal shall have been filed, that by reason of the facts stated in the certificate, a stay would, in the Planning and Development Director's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Director and on due cause shown.

   7.   Expiration. Variances which have been granted in accordance with the provisions of the Ordinance shall be null and void at the end of six months from the date of granting if substantial action as defined in Section 85.08, Definitions, has not been taken to accomplish the purpose for which the variance was granted. A six-month extension may be granted by the Director or their designee upon written request to the Planning and Development Department.

   1.   Where, in the case of a particular proposed development, it can be shown that strict compliance with the requirements of the Ordinance results in extraordinary hardship to the applicant, because of unusual topography or other conditions, the Board of Supervisors, upon recommendation by the Commission, may waive the requirements so that substantial justice may be done and the public interest secured, provided, however, that such waiver will not have the effect of nullifying the intent and purpose of the Ordinance.

   2.   In determining whether a hardship exists, the Commission and Board of Supervisors shall refer to the legal principles established in Section 92.03(4).

   3.   In no case shall any waiver be more than a minimum easing of the requirements.

   4.   In no case shall approval of a waiver have the effect of reducing the traffic capacity of any street or be in conflict with any regulation contained herein or adopted by reference.

   5.   It shall be demonstrated by the applicant that variation of plans as proposed cannot be achieved through Section 88.16, Alternative Compliance.

   6.   Recommendation by the Commission on waivers must be by the affirmative vote of the majority of the Commission membership present. Failure of the Commission to arrive at a recommendation after due consideration shall be deemed a recommendation to deny the request for waiver.

   7.   In recommending waivers, the Commission may recommend such conditions that will, in its judgment, secure substantially the objectives of the requirements so waived to the Board of Supervisors. In so granting a waiver, the Board of Supervisors may impose such additional conditions as are necessary to secure substantially the objectives of the requirements so waived.

   The Board of Supervisors may from time to time, on its own action, upon recommendation of the Commission or on petition by the owners or authorized agent of the property by law and after recommendation by the Commission, amend, supplement or change the district boundaries defined on the Official Zoning Map or text regulations herein or subsequently established, and/or the Cornerstone to Capstone (C2C) Comprehensive Plan and such amendments shall not become effective except by the favorable vote by a majority of all the members of the Board of Supervisors and subsequent publication of an ordinance for text amendments and/or zoning map amendments or recordation of a resolution for Cornerstone to Capstone (C2C) Comprehensive Plan amendments, as applicable, approving such amendments. (See EDITOR’S NOTE at the end of this chapter for ordinances amending the zoning map.)

   1.   Review Process and Submittal Requirements.

      A.   Conceptual Review Meeting. Before an applicant can submit a rezoning application, the applicant must attend a conceptual review meeting. This requirement may be waived, upon written request to the Director or his her designee, by all members of the Interagency Review Team.

      B.   Formal Application Submitted. A petition to rezone property signed by the property owners and all additional application requirements shall be submitted to the Planning and Development Department, including:

         (1)   Application form and filing fee.

         (2)   Statement of justification addressing Standards for Approval from subsection 2 of this section.

      C.   Interagency and Staff Review of Application. Following submittal of a completed petition to rezone property, Planning and Development Staff shall review application materials for compliance with the Standards for Approval from subsection 2 of this section. The application shall also be reviewed by members of the Interagency Review Team.

      D.   Meeting Notice for Planning and Zoning Commission. The failure to notify as provided in this section shall not invalidate any recommendation made under the terms of the Ordinance, provided such failure was not intentional, and the omission of the name of any owner of property who may, in the opinion of the Board of Supervisors, be affected by such amendment or change shall not invalidate any recommendation adopted hereunder, it being the intention of this subsection to provide, to the fullest extent possible, due notice that an application is pending before the Board of Supervisors proposing to make a change in the Official Zoning Map or the regulations set forth in the Ordinance.

         (1)   Notice to Affected Cities. The Planning and Development staff shall send notice to any city within which the area to be rezoned lies within two miles of said corporate boundaries outlining the location, time and date of the public hearing before the Planning and Zoning Commission.

         (2)   Notice to Surrounding Property Owners. The Planning and Development staff shall send a notice via mail to all surrounding property owners within one-fourth mile of the property included in a rezoning request outlining the location, time and date of the public hearing before the Planning and Zoning Commission.

         (3)   Legal Notices, Notice of location, time and date of the meeting held by the Planning and Zoning Commission shall be published in the official newspapers of Story County.

         (4)   Public Notice Sign. A sign giving notice of the public hearing shall be posted on the property by Planning and Development staff, weather permitting.

      E.   Public Hearing before the Planning and Zoning Commission. A staff report shall be prepared and presented by the Planning and Development staff at the Planning and Zoning Commission meeting. Any person may submit comments or testify at the public hearing. After the public hearing, the Planning and Zoning Commission may make a recommendation to the Board of Supervisors or refer the application back to the applicant and/or staff for further information.

      F.   Meeting Notice for Board of Supervisors. The failure to notify as provided in this section shall not invalidate any recommendation made under the terms of the Ordinance, provided such failure was not intentional, and the omission of the name of any owner of property who may, in the opinion of the Board of Supervisors, be affected by such amendment or change shall not invalidate any recommendation adopted hereunder, it being the intention of this subsection to provide, to the fullest extent possible, due notice that an application is pending before the Board of Supervisors proposing to make a change in the Official Zoning Map regulations set forth in the Ordinance.

         (1)    Notice to Affected Cities. Planning and Development staff shall send notice to any city within which the area to be rezoned lies within two miles of said corporate boundaries outlining the location, time and date of the public hearing before the Board of Supervisors.

         (2)   Notice to Surrounding Property Owners. Planning and Development staff shall send a notice via mail to all surrounding property owners within one-fourth mile of the property included in a rezoning request outlining the location, time and date of the public hearing before the Board of Supervisors.

         (3)   Legal Notices. Notice of location, time and date of the meeting held be the Board of Supervisors shall be published in the official newspapers of Story County.

      G.   Public Hearing before the Board of Supervisors. Following a recommendation by the Planning and Zoning Commission, the request shall be forwarded to the Board of Supervisors. The requirements of Section 1.11(2) defines the processes followed for action on the ordinance. In case the Commission does not recommend approval of the change, or in case of a protest against such change signed by the owners of 20 percent or more, either of the area included in such proposed change, or the area immediately adjacent thereto and within 500 feet of the boundaries thereof. Such amendment shall not become effective except by the favorable vote of at least two-thirds of all the members of the Board of Supervisors.

   2.   Standards for Approval. All petitions to rezone shall satisfy the following standards for such requested action to be approved:

A.   The proposed rezoning shall conform to the Cornerstone to Capstone (C2C) Comprehensive Plan, including any land use plans that are adopted as components of the C2C Plan. If the proposed rezoning is not in conformity with the Cornerstone to Capstone (C2C) Comprehensive Plan, an amendment to the Cornerstone to Capstone (C2C) Comprehensive Plan shall also be proposed.

      B.   The proposed rezoning shall conform to the Statement of Intent for the proposed district and district requirements.

      C.   The proposed rezoning shall be compatible with surrounding land uses and development patterns.

      D.   The proposed rezoning shall protect environmental resources. Rezoning of parcels containing more than 50 percent of the gross acreage as lands identified with areas designated natural resource areas on the Cornerstone to Capstone (C2C) Comprehensive Plan shall not be approved unless such requested action results in a district designation more restrictive than the current designation or conditions protecting the identified areas are attached to the rezoning request.

      E.   In areas where the petition to rezone requests a change from A-1 District or A-2 District to another district, lands scoring 267 or above for total LESA score, as determined by a Land Evaluation Site Assessment (LESA) as adopted for Story County, shall not be approved.

   3.   Conditions of Approval. As a part of an ordinance authorizing an amendment, supplement or change in a district, or from one district to another district, the Board of Supervisors may impose conditions on a property owner, heirs and assigns, which are in addition to existing regulations if the additional conditions have been agreed to in writing by the property owner before the required public hearing or any adjournment of the hearing regarding the third consideration of the application.

      A.   The conditions must be reasonable and imposed to satisfy public needs, must be based on and related to the rezoning application, must be related to the physical development and/or operation of the property and must be in conformity to adopted plans and policies.

      B.   Such conditions may limit the range of uses on the property, may require a site plan showing the layout and character of the proposed development and/or operation of the property, and/or may require certain characteristics of site improvements and development standards to lessen potentially negative impacts on adjacent properties. If conditions are made a part of the rezoning, it shall be so noted on the Official Zoning Map. Conditions may address the following, as appropriate:

         (1)   Compatibility. Proposed buildings or uses shall be constructed, arranged or operated so as to be compatible with the character of the district and immediate vicinity, and not to interfere with the development and use of adjacent property in accordance with the applicable district regulations. The proposed development and operation shall not be unsightly, obnoxious nor offensive in appearance to abutting or nearby properties.

         (2)   Transition. The development shall provide for a suitable transition, and if necessary, buffer between proposed buildings or uses and surrounding properties.

         (3)   Vehicle Circulation. The development shall provide for adequate ingress and egress with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access.

         (4)   Signs and Lighting. Permitted signage shall be in accordance with the applicable regulations and shall be compatible with the immediate vicinity. Exterior lighting, if provided, shall give consideration to glare, traffic, safety, and compatibility with property in the immediate vicinity.

   4.   Denial by Board. Whenever any petition for an amendment, supplement, or change of the regulations herein contained or subsequently established shall have been denied by the Board of Supervisors, then no new petition covering the same property and/or additional property shall be filed with or considered by the Board of Supervisors until a minimum of one year from the date of the action by the Board of Supervisors has elapsed.

   This section defines the process, application requirements, and standards for approval for text amendments to the Land Development Regulations.

   1.   Review Process and Submittal Requirements.

      A.   Conceptual Review Meeting. Before an applicant can submit an application for a text amendment, the applicant must attend conceptual review meeting. This requirement may be waived, upon written request to the Director or his/her designee, by all members of the Interagency Review Team.

      B.   Formal Application Submitted. An application for a text amendment shall be submitted to the Planning and Development Department, including:

         (1)   Application form and filing fee.

         (2)   Statement of justification addressing Standards for Approval from subsection 2 of this section.

         (3)   Amended versions of proposed text language showing “red-lines” and “strike-outs” of the proposed changes.

         (4)   Other information deemed necessary by the Director for comprehensive review by the Commission and Board of Supervisors.

      C.   Interagency and Staff Review of Application. Following submittal of a completed application for a text amendment, Planning and Development staff shall review application materials for compliance with the Standards for Approval from subsection 2 of this section. The application also shall be reviewed by members of the Interagency Review Team.

      D.   Meeting Notice for Planning and Zoning Commission. The failure to notify, as provided in this section, shall not invalidate any recommendation made under the terms of the Ordinance, provided such failure was not intentional, and the omission of the name of any owner of property who may, in the opinion of the Board of Supervisors, be affected by such amendment or change shall not invalidate any recommendation adopted hereunder, it being the intention of this subsection to provide, to the fullest extent possible, due notice that an application is pending before the Board of Supervisors proposing to make a change in the regulations set forth in the Ordinance. Notice of location, time and date of the meeting held by the Planning and Zoning Commission shall be published in the official newspapers of Story County.

      E.   Public Hearing before the Planning and Zoning Commission. A staff report shall be prepared and presented by the Planning and Development staff at the Planning and Zoning Commission meeting. Any person may submit comments or testify at the public hearing. After the public hearing, the Planning and Zoning Commission may make a recommendation to the Board of Supervisors or refer the application back to the applicant and/or staff for further information.

      F.   Meeting Notice for Board of Supervisors. The failure to notify as provided in this section shall not invalidate any recommendation made under the terms of the Ordinance, provided such failure was not intentional, and the omission of the name of any owner of property who may, in the opinion of the Board of Supervisors, be affected by such amendment or change shall not invalidate any recommendation adopted hereunder, it being the intention of this subsection to provide, to the fullest extent possible, due notice that an application is pending before the Board of Supervisors proposing to make a change in the regulations set forth in the Ordinance. Notice of location, time and date of the meeting held by the Board of Supervisors shall be published in the official newspapers of Story County.

      G.   Public Hearing before the Board of Supervisors. Following a recommendation by the Planning and Zoning Commission, an application for a text amendment shall be forwarded to the Board of Supervisors. The requirements of Section 1.11(2) of this Code of Ordinances defines the processes followed for action on the Ordinance. In case the Commission does not recommend approval of the change, such amendment shall not become effective except by the favorable vote of at least two-thirds of all the members of the Board of Supervisors.

   2.   Standards for Approval. All applications for text amendments shall satisfy the following standards for such requested action to be approved:

      A.   The proposed amendment shall conform to the Cornerstone to Capstone (C2C) Comprehensive Plan.

      B.   The proposed amendment shall conform to the scope and purpose of the Ordinance.

   3.   Submittal Requirements. The following materials are to be submitted with an application for a text amendment.

      A.   Application form and filing fee.

      B.   Statement of justification addressing standards for approval.

      C.   Amended versions of proposed text language, showing “red-lines” and “strikeouts” of the proposed changes.

      D.   Other information deemed necessary by the Director for comprehensive review by the Commission and Board of Supervisors.

This section defines the process, application requirements, and standards for approval for amendments to the Cornerstone to Capstone (C2C) Comprehensive Plan. If a request for a text amendment or rezoning requires an amendment to the C2C Plan, such C2C Plan Amendment(s) shall be approved prior to the consideration of any text or rezoning amendment.

   1.   Conceptual Review Meeting. Before an applicant can submit an application for a C2C Plan Amendment, the applicant must attend conceptual review meeting. This requirement may be waived, upon written request to the Director or his/her designee, by all members of the Interagency Review Team.

   2.   Formal Application Submitted. An application for a C2C Plan Amendment shall be submitted to the Planning and Development Department, including:

      A.   Application form and filing fee.

      B.   Written Statement of Justification addressing the following:

         (1)   The extent to which the change would be consistent with the comprehensive plan goals and policies.

         (2)   Evidence demonstrating the reasons why the plan should be changed, including (but not limited to) whether new information has become available since the comprehensive plan was adopted that supports reexamination of the plan, or that existing or proposed development offers new opportunities or constraints that were not previously considered.

         (3)   Whether or not the change is needed to allow reasonable development of the site.

         (4)   The relationship of the proposed amendment to the supply and demand for the particular land uses within the County and immediate vicinity of the site.

         (5)   A demonstration that the proposed amendment has merit beyond the interests of the applicant.

         (6)   The possible impacts of the amendment on all specific elements of the comprehensive plan as may be applicable, including, but not limited to:

            a.   Goals. Objectives and strategies as related to the following from C2C Plan; Agricultural Resources, Community Facilities and Services, Communications and Public Safety, Emergency Preparedness, Cultural Resources, Infrastructure and Utilities, and Intergovernmental Coordination.

            b.   Conservation of Natural Resources and Recreation.

            c.   Land Use.

            d.   Economic Prosperity.

            e.   Transportation.

         (7)   Consideration of the fiscal impact of the proposed amendment to Story County.

      C.   Other information deemed necessary by the Director for comprehensive review by the Commission and Board of Supervisors.

   3.   Interagency and Staff Review of Application. Following submittal of a completed application for a C2C Plan Amendment, the application shall be reviewed by the Planning and Development staff and the Interagency Review Team. For any amendments to Chapter 4, Natural Resources and Recreation of the C2C Plan, the Story County Conservation Board may provide a recommendation to the Board of Supervisors.

   4.   Meeting Notice for Planning and Zoning Commission.

      A.   Notice to Affected Cities. Planning and Development staff shall send notice to any city within which the area under consideration lies within two miles of said corporate boundaries outlining the location, time and date of the public hearing before the Planning and Zoning Commission.

      B.   Notice to Surrounding Property Owners. Planning and Development staff shall send a notice via mail to all surrounding property owners within one-fourth mile of the property included in a C2C Plan Amendment outlining the location, time and date of the public hearing before the Planning and Zoning Commission.

      C.   Legal Notices. Notice of location, time and date of the meeting held by the Planning and Zoning Commission shall be published in the official newspapers of Story County.

      D.   Public Notice Sign. A sign giving notice of the public hearing shall be posted on the property by Planning and Development staff, weather permitting.

   5.   Public Hearing before the Planning and Zoning Commission. A staff report shall be prepared and presented by the Planning and Development staff at the Planning and Zoning Commission meeting. Any person may submit comments or testify at the public hearing. After the public hearing, the Planning and Zoning Commission may make a recommendation to the Board of Supervisors or refer the application back to the applicant and/or staff for further information.

   6.   Meeting Notice for Board of Supervisors. The failure to notify as provided in this section shall not invalidate any recommendation made under the terms of the Ordinance, provided such failure was not intentional and the omission of the name of any owner of property who may, in the opinion of the Board of Supervisors, be affected by such amendment or change shall not invalidate any recommendation adopted hereunder, it being the intention of this subsection to provide, to the fullest extent possible, due notice that an application is pending before the Board of Supervisors proposing to make a change in the Cornerstone to Capstone (C2C) Comprehensive Plan.

      A.   Notice to Affected Cities. Planning and Development staff shall send notice to any city within which the area under consideration lies within two miles of said corporate boundaries outlining the location, time and date of the public meeting before the Board of Supervisors.

      B.   Notice to Surrounding Property Owners. Planning and Development staff shall send a notice via mail to all surrounding property owners within one-fourth mile of the property included in a C2C Plan Amendment outlining the location, time and date of the public meeting before the Board of Supervisors.

      C.   Legal Notices. Notice of location, time and date of the meeting held by the Board of Supervisors shall be published in the official newspapers of Story County.

   7.   Public Meeting before the Board of Supervisors. Following a recommendation by the Planning and Zoning Commission, the request shall be forwarded to the Board of Supervisors. The Board of Supervisors shall officially adopt a resolution approving or disapproving the proposed C2C Plan Amendment, and such action shall become official upon the recordation of the resolution.

   The position of Director shall be appointed by the Board of Supervisors. The Director or designee shall administer and enforce the provisions of the Ordinance and shall have the following powers and duties in connection therewith:

   1.   Issue all permits and certificates required by the Ordinance.

   2.   Upon a finding that any of the provisions of the Ordinance are being violated, shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Director or designee shall order the discontinuance of the illegal use of land, buildings or structures; the removal of illegal buildings or structures, or of additions, alteration or structural changes thereto; the discontinuance of any illegal work being done; or shall take any other action authorized by the Ordinance and the Board of Supervisors to insure compliance with or to prevent violation of its provisions.

   3.   Keep a record of all permits, appeals, variances and such other transactions and correspondence pertaining to the administration of the Ordinance.

All departments, officials, and public employees of Story County who are vested with the duty or authority to issue permits shall insure conformance to the provisions of the Ordinance and shall issue no permit for any use, building or purpose if the same would be in conflict with the provisions of the Ordinance. The Board of Supervisors may, by resolution, delegate the powers and duties of the office of Director to any other officer or employee of the County, or of any city, town, or governmental subdivision within the County, or may combine the powers and duties of this office with any other office or position.

Land shall not be occupied or used, and no building or structure shall hereafter be moved, erected or increased in size and occupied or used in whole or in part for any purpose until all required permits are acquired.

   1.   Types of Permits. Story County may issue the following types of permits as defined in Section 85.08, Definitions: Conditional Use, Zoning, Home Business, Grading, Change of Use, Sign, and Special Events.

      A.   Applicable permits shall certify the use and/or structure conforms to all the minimum requirements of the Ordinance.

      B.   A change of use to land and/or structure, or portion thereof, shall not be made prior to permits being issued indicating the changes are in conformance with the requirements of the Ordinance.

   2.   Issuance of Permits. All applications shall be reviewed for conformance to all zoning requirements, floodplain regulations, platting, and other requirements. If wastewater generation is proposed, a zoning permit shall not be issued prior to review and approval by the Story County Environmental Health Department.

      A.   A preliminary zoning permit will be issued following an initial review if all applicable requirements are met to allow for the beginning of construction.

      B.   A final permit shall be issued following a final inspection if all applicable requirements are met.

   3.   Required Inspections.

      A.   All work for which a zoning permit is required shall be subject to a foundation location inspection prior to construction to ensure conformance to all zoning requirements, floodplain regulations, platting and other requirements.

      B.   A final inspection shall also be completed after all construction has been finished in order to ensure conformance to all zoning requirements, floodplain regulations, erosion and sediment control requirements, platting, and other requirements.

   4.   Expiration of Permits. A preliminary development permit shall be null and void at the end of six months from the date of issuance unless construction has commenced. A six-month extension to the preliminary development permit may be granted by the Director or their designee upon written request to the Planning and Development Department. The extension shall be requested by the applicant prior to the initial six-month deadline. Construction must be completed within 18 months after the issuance or extension of the preliminary development permit. A final permit shall be issued after final inspection.

   5.   Amendments or Modifications to Site Plans. If the owner or developer of an approved site plan decides that an amendment to the site plan is necessary, an amendment may be applied for. The Director or his/her designee may grant an amendment to a previously approved site plan if it is deemed that the amendment is in conformance with these regulations. The amendment shall be submitted in the same manner as the original application. Change in property ownership, however, requires submittal of a new application.

   6.   Permits Previously Issued. Nothing herein contained shall require any change in the overall layout, plans, construction, size, or designated use of any building, or part thereof, for which approvals and/or required permits have been granted before the enactment of the Ordinance, the construction of which in conformance with such plans shall have been started prior to the effective date of the Ordinance and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder's control.

   No activity regulated by the Ordinance shall be undertaken except in full compliance with the express provisions of the Ordinance. It is unlawful to locate, erect, move, construct, reconstruct, enlarge, change, maintain or use any building, structure or land in violation of any regulation in or any provisions of the Ordinance, or any amendment or supplement thereto adopted by the Board of Supervisors of Story County.

   1.   Enforcement of this provision shall be pursuant to Section 331.307 of the Code of Iowa, as amended, and Chapter 93 of this Code of Ordinances.

   2.   Seeking a civil penalty does not preclude seeking alternative relief from the court in the same action, including criminal prosecution.

   3.   The provisions of the Ordinance shall be administered and enforced by the Director or designee.