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West Bend City Zoning Code

ADMINISTRATION

165.31 ADMINISTRATION.

All questions of interpretation and enforcement shall be first presented to the Zoning Administrator, or that person’s assistant, and such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning Administrator, and recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law and particularly by Chapter 414 of the Code of Iowa.

165.32 AMENDMENTS.

The regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified, or repealed, provided that at least four days’ notice of the time and place of such hearing shall be published in a paper of general circulation in the City. In no case shall the notice be published more than 20 days prior to the hearing.
The regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified, or repealed. Notwithstanding Section 414.2 of the Code of Iowa, as a part of an ordinance changing land from one zoning district to another zoning district or an ordinance approving a site development plan, the Council may impose conditions on a property owner which are in addition to existing regulations if the additional conditions have been agreed to in writing by the property owner before the public hearing required under this section or any adjournment of the hearing. The conditions must be reasonable and imposed to satisfy public needs which are directly caused by the requested change. In case, however, of a written protest 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 except by the favorable vote of at least three-fourths of all the members of the Council. The protest, if filed, must be filed before or at the public hearing.
Proposed amendments not recommended by the Planning and Zoning Commission shall become effective only upon a favorable vote of three-fourths of the members of the Council. All zoning amendment application forms shall be approved by resolution of the Council.
(Section 165.32 – Ord. 306 – Sep. 25 Supp.)

165.33 PENALTIES FOR VIOLATION.

Violation of the provisions of this chapter with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100.00 or be imprisoned for not more than 30 days. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City from taking such other legal action as is necessary to prevent any violation.

165.34 SCHEDULE OF FEES, CHARGES, AND EXPENSES.

The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for zoning district changes, zoning permits, appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Zoning Administrator, and the City Clerk, and may be altered or amended only by the City Council, as recommended by the Planning and Zoning Commission. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

165.35 COMPLAINTS REGARDING VIOLATIONS.

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Administrator. The Administrator shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.
EDITOR’S NOTE
The following ordinances have been adopted amending the Official Zoning Map and have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect.
ORDINANCE
ADOPTED
ORDINANCE
ADOPTED
EDITOR’S NOTE
The following ordinances have been adopted amending the Official Zoning Map and have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect.
ORDINANCE
ADOPTED
ORDINANCE
ADOPTED
171
December 12, 1994
172
December 12, 1994
176
December 19, 1995
177
December 19, 1995
179
June 10, 1996
180
June 10, 1996
185
June 9, 1997
186
June 9, 1997
187
September 8, 1997
205
June 12, 2000
207
July 9, 2001
213
February 25, 2002
217
May 28, 2002
238
August 14, 2006
239
October 23, 2006
240
November 27, 2006
254
February 10, 2014
257
September 8, 2014
272
December 10, 2018
289
June 10, 2024
301
February 24, 2025