It is the intent of this article that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the zoning board of adjustment only on review from the decision of the administrative official, and that recourse from the decisions of the zoning board of adjustment shall be to courts as provided by law. It is further the intent of this article that the duties of the council in connection with this article shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this article. Under this article, the council shall have only the duties of:

(1)

Considering adopting or rejecting proposed amendments or the repeal of this article, as provided by law;

(2)

Establishing fees by resolution; and

(3)

Considering planned residential units as provided for in this article.

(Code 1996, § 124.01)

It is unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, razing or moving of any building or structure, or of any portion thereof, without first having applied in writing to the zoning administrative officer for a zoning compliance permit to do so. A separate permit is required for each building or structure unless the building or structure is part of a larger complex such as the display buildings of a lumber yard. A zoning compliance permit is also required for an automobile dealership license. A zoning compliance permit is not required for the following; however, the exemption shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this division or any other laws or ordinances of the city:

(1)

A one-story detached accessory building used as a tool or storage shed, playhouse, or a similar use, provided the projected roof area does not exceed 120 square feet.

(2)

Retaining wall.

(3)

Essential service building or structure.

(4)

Entrance platform no larger than five feet by five feet and no more than 30 inches above grade.

(5)

Swimming pools less than two feet in water capacity depth. Swimming pools greater than two feet in water capacity depth require setbacks for accessory buildings in a R zone.

(6)

Decks less than six inches above the average grade of the ground.

(7)

Residential, unenclosed disabled ramp.

(Code 1996, § 124.02)

To obtain a zoning compliance permit the applicant shall first file an application in writing on a form furnished by the zoning administrative officer. Each application shall include:

(1)

A description of the land on which the proposed activity is to be done, including a legal description, street address, or similar description, that will readily identify and locate the proposed building or activity;

(2)

A description of the proposed action, including the use and any proposed structures;

(3)

A plot plan showing:

a.

All existing and proposed buildings or additions to existing buildings;

b.

Dimensions of existing and proposed buildings or additions thereto;

c.

Dimensions between the property lines and the buildings or proposed additions;

d.

Size and location of existing or proposed parking space;

(4)

Signature of the applicant or his agent;

(5)

Any other data or information as may be required by the zoning administrative officer.

(Code 1996, § 124.03)

If, after reviewing the application, the zoning administrative officer finds that the building or structure in the proposed location complies with all the provisions of this division, he shall upon payment of the required fee issue a building permit therefor. The application shall be signed by either the owner, builder, or authorized agent.

(Code 1996, § 124.04)

If, after reviewing the application, the zoning administrative officer finds that the building or structure in the proposed location does not comply with the provisions of this division, he shall furnish the applicant with a statement, signed by the enforcing officer, refusing to issue such permit and setting forth the reason for such refusal. The refusal by the zoning administrative officer to issue a permit may be appealed by the applicant to the zoning adjustment board in the manner provided herein.

(Code 1996, § 124.05)

The zoning administrative officer shall keep a record in his office of all applications filed, permits issued, or refused, and if refused, and appealed, final action thereon. The city council shall establish a fee by resolution which shall be paid at the clerk's office for each zoning compliance permit issued. No refunds, or parts thereof, will be issued.

(Code 1996, § 124.06)

Any zoning compliance permit not used shall expire in 180 days. However, if new construction is required, the 180 days shall start on the date of issuance of occupancy certificate. A zoning compliance permit may be extended once for a period not exceeding 180 days by the zoning administrative officer.

(Code 1996, § 124.07)

There shall be a city planning and zoning commission consisting of nine members. Seven members shall be residents of the city, appointed by the council. Two members shall be appointed by the county board of supervisors, one being a member of the board of supervisors, or the board's designee, and the other member shall be a resident of the area outside the city over which the zoning jurisdiction of the city has been extended. All commission members shall be qualified by knowledge or experience to act in matters pertaining to the development of a city plan and shall not hold any elective office in the city government.

(Code 1996, § 120.01)

State Law reference— Powers and duties of zoning commissions, Code of Iowa § 414.6; extending zoning authority to unincorporated areas outside city limits, Code of Iowa § 414.23.

The term of office of the members of the commission shall be four years and shall commence on June 1. All commission members currently appointed by city council shall serve out their current terms in accordance with their original appointment. The terms of not more than one-third of the members will expire in any one year.

(Code 1996, § 120.02;)

If any vacancy exists on the commission caused by resignation, or otherwise, a successor for the remainder of the term shall be appointed in the same manner as the original appointee.

(Code 1996, § 120.03)

All members of the commission shall serve without compensation, except their actual expenses, which are subject to the approval of the council.

(Code 1996, § 120.04)

The commission shall have and exercise the following powers and duties:

(1)

Selection of officers. The commission shall choose annually at its first regular meeting one of its members to act as chairperson and another as vice-chairperson, who shall perform all the duties of the chairperson during the chairperson's absence or disability.

(2)

Adopt rules and regulations. The commission shall adopt such rules and regulations governing its organization and procedure as it may deem necessary.

(3)

Annual report. The commission shall each year make a report to the mayor and council of its proceedings, with a full statement of its receipts, disbursements and the progress of its work during the preceding fiscal year.

(4)

Appointment of assistants. Subject to the limitations contained in this division as to the expenditure of funds, the commission may appoint such assistants as it may deem necessary and prescribe and define their respective duties and fix and regulate the compensation to be paid to the several persons employed by it.

(5)

Comprehensive plan. The commission shall have full power and authority to make or cause to be made such surveys, studies, maps, plans, or charts of the whole or any portion of the city or of any land outside thereof which, in the opinion of the commission, bear relation to the comprehensive plan and shall bring its studies and recommendations to the attention of the council and may also publish such studies and recommendations.

(6)

Comprehensive plan; preparation. For the purpose of making a comprehensive plan for the physical development of the city, the commission shall make careful and comprehensive studies of present conditions and future growth of the city and with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city and its environs which will, in accordance with the present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development.

(7)

Comprehensive plan: public hearing. Before adopting a comprehensive plan as referred to in the preceding subsection, or any part of it, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time of which shall be given by one publication in a newspaper of general circulation in the city not less than seven nor more than 20 days before the date of hearing. However, in no case shall the public hearing be held earlier than the next regularly scheduled council meeting following the published notice. The adoption of the plan or part or amendment thereof shall be by resolution of the commission carried by the affirmative vote of not less than two-thirds of the members of the commission. After adoption of the plan by the commission an attested copy thereof shall be certified to the council and the council may approve the same. When the plan or any modification or amendment thereof shall receive the approval of the council, the plan until subsequently modified or amended as herein authorized shall constitute the official city plan.

(8)

Comprehensive plan; amendments. When the comprehensive plan has been adopted, no substantial amendment or modification thereof shall be made without such proposed change first being referred to the commission for its recommendations. If the commission disapproves the proposed change it may be adopted by the council only by the affirmative vote of at least three-fourths of the members of the council.

(9)

Recommendations of improvements. No statuary, memorial or work of art in a public place, and no public building, bridge, viaduct, street fixtures, public structure or appurtenances, shall be located or erected, or site therefor obtained, nor shall any permit be issued by any department of the city for the erection or location thereof until and unless the design and proposed location of any such improvement shall have been submitted to the commission and its recommendations thereon obtained, except such requirements and recommendations shall not act as a stay upon action for any such improvement when the commission after 30 days' written notice requesting such recommendations, shall have failed to file same.

(10)

Review and comment on plats. All plans, plats, or re-plats of subdivision or re-subdivisions of land embraced in the city or adjacent thereto, laid out in lots or plats with the streets, alleys, or other portions of the same intended to be dedicated to the public in the city, shall first be submitted to the commission and its recommendations obtained before approval by the council.

(11)

Review and comment of street and park improvements. No plan for any street, park, parkway, boulevard, traffic-way, river front, or other public improvement affecting the city plan shall be finally approved by the city or the character or location thereof determined, unless such proposal shall first have been submitted to the commission and the commission shall have had 30 days within which to file its recommendations thereon.

(12)

Zoning. The commission shall have and exercise all the powers and duties and privileges in preparing and amending the city zoning code as provided by the Code of Iowa ch. 414.

(13)

Fiscal responsibilities. The commission shall have full, complete and exclusive authority to expend for and on behalf of the city all sums of money appropriated to it, and to use and expend all gifts, donations or payments whatsoever which are received by the city for city planning and zoning purposes.

(14)

Limitation on entering contracts. The commission shall have no power to contract debts beyond the amount of its original or amended appropriation as approved by the council for the present year.

(Code 1996, § 120.05)

State Law reference— Building restrictions, Code of Iowa § 414.1; powers and duties of zoning commission, Code of Iowa § 414.6.

There shall be a zoning board of adjustment, hereinafter referred to as the board, consisting of seven members.

(1)

Five members shall be residents of the city, appointed by the council, and two members shall be residents of the area outside the city over which the zoning jurisdiction of the city has been extended, appointed by the county board of supervisors.

(2)

Appointments to the board shall be for a term of five years.

(3)

Any vacancy shall be filled in the same manner for the unexpired portion of the term. In the event of the absence from the city or the incapacity of a member, the council may appoint a substitute who shall serve as a member of the board, with the same powers and authority as the regular member, until such regular member has returned, or has become capacitated for further service.

(4)

Terms of office to commence on June 1 of the year of the appointment. All board members currently appointed by city council shall serve out their current terms in accordance with their original appointment.

(5)

No member may serve for more than two terms.

(6)

All members of the board shall serve without compensation.

(Code 1996, § 124.08)

The clerk shall serve as the secretary of the board. In the absence of the secretary, the chairperson of the board may appoint one of the members of the board to act as secretary pro tem for the meeting. The board has the power to call on any city department for assistance in the performance of its duties, and it shall be the duty of such department to render such assistance as may be reasonably required.

(Code 1996, § 124.09)

The board may adopt, from time to time, subject to the approval of the council, such rules and regulations as it may deem necessary to carry into effect the provisions of this division.

(Code 1996, § 124.10)

The board chairperson, meetings and quorum shall be set out as follows:

(1)

The board shall annually elect its own chairperson at the first meeting on or after January 1 of each year.

(2)

The chairperson, or in the chairperson's absence the acting chairperson, may administer oaths and compel the attendance of witnesses.

(3)

There shall be a fixed place of meeting and all meetings shall be open to the public.

(4)

The presence of four members shall be necessary to constitute a quorum.

(5)

The concurring vote of four members of the board is necessary on all matters upon which it is required to pass under the provisions of this division.

(6)

It shall be the chairperson's responsibility to set all hearing dates and times at which time the board shall consider any appeals brought forth by any aggrieved person or company.

(Code 1996, § 124.11)

The secretary of the board shall keep minutes of its proceedings, showing the vote of each member upon each question. If a member is absent or fails to vote, the minutes shall indicate such fact. The board shall keep records of its official actions, which shall be on file in the office of the clerk as a public record.

(Code 1996, § 124.12)

Appeals to the board may be taken by any person or company aggrieved by any decision of the enforcing officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the secretary of the board a written notice of appeal specifying the grounds thereof and the publication of the notice of appeal in a paper of general circulation in the city as provided by the regulation of the board. The secretary of the board shall give prompt notice of such appeal to the enforcing officer who shall forthwith transmit to the board all papers and documents constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the enforcing officer certifies to the board after the notice of the appeal shall have been filed with him, that by reason of facts stated in the appeal a stay would, in his opinion, cause imminent peril to life or property. In such case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record on application of notice to the enforcing officer and due cause shown.

(Code 1996, § 124.13)

All appeals to the board filed with the secretary shall be accompanied by a filing fee payable to the city to cover costs of publishing notice of appeal and other incidental expenses. The council shall establish the fee by resolution.

(Code 1996, § 124.14)

The final disposition of any appeal shall be in the form of a resolution by the board, either reversing, modifying, or affirming the decision or determination appealed from. A copy of such resolution shall be filed with the enforcing officer.

(Code 1996, § 124.15)

(a)

Variances. To authorize upon review in specific cases such variance from the terms of this division as will not be contrary to the public interest where owing to special conditions, a literal enforcement of the provisions of this division would result in unnecessary hardship. A variance from the terms of this division shall not be granted by the board unless and until:

(1)

A written application for a variance is submitted demonstrating that one of the following conditions applies:

a.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same district.

b.

That literal interpretation of the provisions of this division would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this division.

c.

That the special conditions and circumstances do not result from the actions of the applicant.

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this division to other lands, structures or buildings in the same district.

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts, shall be considered grounds for the issuance of a variance.

(2)

Notice of public hearing shall be given in advance of the public hearing. The owner of the property for which the variance is sought or his agent and all affected property owners within 50 feet of the exterior boundaries of the property (intervening streets and alleys shall not be included in and computing the 50 feet) shall be notified by mail. The notice shall be given at least seven days in advance of hearing by placing notices in the United States mail, addressed to the last-known address of property owners.

(3)

A public hearing shall be held duly advertised to the public according to the Code of Iowa ch. 362. Any party may appear in person, or by attorney.

(4)

The board shall make findings that the requirements of this section have been met by the applicant for a variance.

(5)

The board shall further make a finding that the reasons set forth in the application justify the granting of the variance.

(6)

The board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this division, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this division. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this division. Under no circumstances shall the board grant a variance to allow a use not permissible under the terms of this division in the district involved, or any use expressly or by implication prohibited by the terms of this division in the district.

(b)

Special exceptions. To permit the following exceptions to the district regulations set forth in this division subject to the requirements of this section.

(1)

To permit erection and use of a building or the use of premises or vary the height and the regulations in any location for a public service corporation for public utility purposes or for purposes of public communication, which the board determines is reasonably necessary for the public convenience or welfare.

(2)

To permit the extension of a use into a district where it would be otherwise prohibited in a case where a district boundary line is so located that a lot or plot is in more than one district.

(3)

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

a.

A written application for special exception is submitted indicating the section of this division under which the special exception is sought and stating grounds on which it is requested.

b.

Notice of public hearing shall be given in advance of public hearing. The owner of the property for which special exception is sought or his agent and all affected property owners within 200 feet of the property (intervening streets and alleys shall not be included in computing the 200 feet) shall be notified at least seven days in advance of the hearing by placing notice in the United States mail addressed to the last-known address of the property owners.

c.

A public hearing shall be held duly advertised to the public according to the Code of Iowa ch. 362. Any party may appear in person, or by attorney.

d.

The board shall make a finding that it is empowered under the section of this division described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

In granting any special exception, the board may prescribe appropriate conditions and safeguards in conformity with this division. Violations of such conditions and safeguards, when made part of the terms under which the special exception is granted, shall be deemed a violation of this division. The board may prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception.

(c)

Special use permits authorized. The zoning board of adjustment may, by special permit after holding the required public hearing and subject to such protective restrictions that it deems necessary, authorize the location, construction, extension or structural alteration of uses and structures that are specifically listed as special exception uses within each district of this division. Notice of time and place of hearing shall be given to all affected property owners within 200 feet of the property (intervening streets and alleys shall not be included in computing the 200 feet) at least seven days in advance of hearing by placing notices in the United States mail, addressed to the last-known address of the property owners. All authorizations passed by the zoning board of adjustment for special permits shall expire 180 days after the date of its authorization unless a building permit has been issued and the actual construction started. Where unusual circumstances may prevent compliance with the time requirement for start of construction, the zoning board of adjustment may, upon written request by the affected party, extend the time for required start of construction an additional 60 days. Excavation shall not be considered construction for the purpose of enforcing this division.

(d)

In exercising the above-mentioned powers, the board may, so long as such action is in conformity with the terms of this division, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have powers of the administrative official from whom the appeal is taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant or any matter upon which it is required to pass under this division, or to effect any variation in the application of this division.

(Code 1996, § 124.16)

Any taxpayer or any officer, department, board or bureau of the city or any person or persons jointly or severally aggrieved by any decision of the zoning board of adjustment 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. The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review.

(Code 1996, § 124.17)

The council may, from time to time, on its own initiative, on petition, or on recommendation by the planning commission, amend, supplement or change the regulations, districts, or official zoning map herein or subsequently established. The amendments may be of a nature that covers a complete district or use. The amendments, supplements or changes shall not be acted upon until after a report by the planning commission has been received or after 30 days' written notice to the commission and after public notice and hearings as provided by law. The notice of public hearing shall be published as provided by state law, except that at least seven days' notice must be given and in no case shall the public hearing be held earlier than the next regularly scheduled council meeting following the published notice. The amendment, supplement or change shall not become effective except by the favorable vote of a majority of all the members of the council. In the case of a written protest (filed before or at the public hearing) against a change or repeal which is filed with the clerk and signed by the owners of 20 percent or more of the area of the lots included in the proposed change or repeal, 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 change or repeal is proposed, the change or repeal shall not become effective unless it receives the favorable vote of at least three-fourths of all the members of the council.

(Code 1996, § 124.18)

Whenever any person desires that any amendment or change be made in this division, including the text or map, as to any property in the city or within the two-mile zoning jurisdiction, there shall be filed with the clerk a petition requesting the council to make such change or amendment and clearly describing the property and its boundaries as to which the change or amendment is desired, listing the names of all property owners within the affected property and within 200 feet from the exterior boundaries of the affected property. The city shall notify all property owners within the area proposed for change or amendment and within 200 feet of the outward boundaries of the area proposed for change of such proposal and public hearing prior to the required public hearing. These property owners shall be notified by mail. The city planning and zoning commission shall file its recommendations approving, disapproving, or modifying the proposed amendment, supplement or change with the council within 30 days thereafter. The planning and zoning commission may hold a public hearing on the proposal, but such public hearing shall not be used as the required public hearing on the part of the council. It shall be the duty of the council to vote upon such petition within 90 days after the filing of such petition with the clerk, subject, however, to the organization rules of the council.

(Code 1996, § 124.19)

All petitions for amendment filed with the clerk will be accompanied by a filing fee payable to the city to cover costs of publishing notice of the proposed amendment and other incidental expenses. No refund shall be made of the fee or any part thereof. The council shall establish the fee by resolution.

(Code 1996, § 124.20)

When a petition requesting an amendment, supplement, or change of any regulation prescribed by this division has been denied by the council, such petition cannot be renewed for one year thereafter unless it is signed by at least 50 percent of the property owners who previously objected to the change.

(Code 1996, § 124.21)

The purpose of development agreements is to allow the city and a person, persons, corporation or other legal entity having ownership of real property to enter into an agreement for the future development of real property that is intended to provide the city, the property owner and the community with predictability in the timing and intensity of development and application of development standards.

(Code 1996, § 129.01)

Such type and form of agreement is an exercise of the city's police powers and contract authority. Such agreements may obligate a party to fund or provide services, infrastructure or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health or safety, or a change to state or federal laws that the city is mandated to enforce.

(Code 1996, § 129.02)

A development agreement is a contract that shall set forth the development standards and other provisions that shall apply to and govern and vest the development, use and mitigation, if any, of the development of real property for the duration specified in the agreement.

(Code 1996, § 129.03)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Development standards means:

(1)

Project elements such as permitted uses, residential densities, and nonresidential densities and intensities of building sizes;

(2)

The amount and payment of any fees, including impact fees, imposed or agreed to in accordance with any applicable provisions of state and local code, any reimbursement provisions, other financial contributions by the property owner, bonding or alternative sureties, inspection fees, or dedications and easements;

(3)

Mitigation measures, development conditions, and other requirements and conditions of development;

(4)

Design standards, if any, including maximum heights, setbacks, drainage requirements, road standards, landscaping and other development features;

(5)

Parks or open space preservation;

(6)

The type and extent of any public improvements that may be required, including the timing of construction and amount and type of surety;

(7)

Development phasing, facility expansions and acquisition of additional property;

(8)

Project and permit review procedures and the standards for decision making;

(9)

A build-out or vesting period for applicable standards;

(10)

Processes for resolving disputes once the agreement is in full force and effect, including review, modification or appeal of a provision; and

(11)

Any other appropriate development requirements or procedures as may be required by law.

(Code 1996, § 129.04)

A development agreement may be initiated by the request of a person, persons, corporation or other legal entity having ownership of real property in the city. The request shall be submitted in writing to the zoning administrator and shall include information on the owner, the property and type of project.

(Code 1996, § 129.05)

Development agreements shall be reviewed as follows:

(1)

Once the city has negotiated a proposed development agreement, the city planning department shall prepare a report and recommendation. The city planning department shall send the report and the proposed agreement to the planning and zoning commission and schedule a public hearing.

(2)

Upon holding a hearing on the proposed agreement, the planning and zoning commission shall deliberate upon the agreement and make a recommendation to the city council within 15 days.

(3)

The planning and zoning commission shall either recommend approval, approval with conditions or denial based upon the decision criteria found in section 50-441.

(4)

The recommendation of the planning and zoning commission shall be forwarded to the city council for their consideration.

(5)

The city council may choose to hold a hearing on the proposed development agreement.

(6)

The city council shall be required by resolution to accept, modify or deny the agreement based upon the decision criteria found in section 50-441.

(7)

Upon having reached a favorable decision on the agreement, the council will by motion direct the mayor to sign the agreement on behalf of the city.

(Code 1996, § 129.06)

A development agreement may be adopted upon passage of a resolution with findings that:

(1)

The proposed agreement is compatible with the goals and policies of the city's comprehensive plan;

(2)

The proposed agreement is consistent with applicable zoning ordinances, development standards, subdivision regulations and any other applicable development regulations and standards at the time of the proposed agreement;

(3)

The proposed agreement provides the city and the owners of real property with certainty and predictability about:

a.

The timing and intensity of development;

b.

The regulations that will be applied to the current project and any future developments and expansions; and

c.

The financial obligations of each party in respect to mitigation, infrastructure and public services.

(4)

The proposed agreement provides for adequate protection of the environment based upon the identified project and any future project phases as defined in the agreement; and

(5)

The proposed agreement reserves the authority for the city to impose new or different regulations to the extent required by a serious threat to public health safety and welfare.

(Code 1996, § 129.07)

A development agreement shall be recorded with the real property records of the county auditor and shall be binding during its term on the parties and their successors and heirs.

(Code 1996, § 129.08)

The proposed development and any future facility expansions or development phases planned thereto and governed by the development agreement shall be public records available for review; provided, however, that these records or parts thereof may be deemed confidential should they meet any of the definitions for confidential records that may be withheld as may be established by state or federal law. This includes, but is not limited to, trade secrets that are recognized and protected by law, as well as reports to government agencies that, if released, would give advantage to competitors and serve no public purpose.

(Code 1996, § 129.09)