A.   It is declared to be the policy of the City to consider the development of land as subject to the control of the City pursuant to the official Comprehensive Plan of the City for the orderly, planned, efficient, and economical development of the City.

B.   Land to be developed shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and land shall not be developed until adequate public facilities and improvements exist and proper provisions have been made for drainage, water, sewerage, and capital improvements such as schools, parks, recreational facilities, transportation facilities, and improvements.

C.   The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the Comprehensive Plan, Official Map, and the capital budget and program of the City, and it is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, subdivision ordinances, the Comprehensive Plan, Official Map and land use plan, and the capital budget and program of the City.

D.   Land that has been developed prior to the effective date of these regulations shall, whenever possible, be brought within the scope of these regulations to further the purposes of regulation(s) identified in Section 9-1-3 of this Chapter.

E.   An entitlement to construct a structure on any land shall only be issued for a legal lot of record. (Ord. 1190, 6-17-1996)

A.   These regulations are adopted for the following purposes:

1.   To guide the future growth and development of the City in accordance with the Comprehensive Plan.

2.   To protect and provide for the public health, safety, and general welfare of the City.

3.   To provide for adequate light, air, and privacy, to secure safety from fire, flood, and other danger, and to prevent undue congestion of population and overcrowding of the land.

4.   To protect the character and the social and economic stability of all parts of the City and to encourage the orderly and beneficial development of the community through appropriate growth management techniques by assuring the timing and sequencing of development, promoting infill development in existing neighborhoods and nonresidential areas with adequate public facilities, assuring proper urban form and open space separation of urban areas, and protecting environmentally critical areas from premature urban development.

5.   To protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings.

6.   To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities.

7.   To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the City, having particular regard to the avoidance of congestion in the streets and highways and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines.

8.   To establish reasonable standards of design and procedures for development and redevelopment in order to further the orderly layout and use of land.

9.   To ensure that public facilities and services are available concurrent with development and will have a sufficient capacity to serve the proposed development and that the community will be required to bear no more than its fair share of the cost of providing the facilities and services through requiring the developer to pay fees, furnish land, or establish mitigation measures to ensure that the development provides its fair share of needed capital facilities generated by the development.

10.   To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the Municipality in order to preserve the integrity, stability, and beauty of the community and the value of the land.

11.   To preserve the natural beauty and topography of the City and to ensure appropriate development with regard to these natural features.

12.   To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of development as established in the zoning ordinance of the City.

13.   To ensure that the overall land is developed in a logical fashion and that "leapfrog" development does not occur.

14.   To remedy the problems associated with inappropriately developed land, including premature development, excess development, partial or incomplete development, leapfrog and low grade development. (Ord. 1190, 6-17-1996)

A.   Upon receiving a recommendation from the West Des Moines Planning and Zoning Commission (hereinafter "commission"), the City Council of the City of West Des Moines, Iowa (hereinafter "City Council") may approve, deny or modify, wholly or partly, any application for the development of land, including, but not limited to, comprehensive plan amendments, zone changes, site plan development permits, and major modification of the above. The City Council may impose such conditions and limitations as it deems necessary to assure that the general purpose and intent of this title and all other ordinances or policies enacted or followed by the City Council will be observed, and that the public interest, health, safety, convenience and welfare will be served.

B.   All conditions and restrictions approved by the City Council which are not appealed in a timely manner, shall restrict the use of the subject property or structure until further action is taken by the City Council to modify or eliminate the restriction.

C.   The City Council may grant a waiver, modify to a lesser restriction, or defer enforcement of any provision or requirements not expressly reserved to the Board of Adjustment by the Iowa Code or this Code.

D.   The Board of Adjustment of the City of West Des Moines, Iowa (hereinafter "Board") may approve, deny or modify, wholly or partly, any application for the use of land, including, permitted conditional use permits (Pc), which may also be subject to consideration of a site plan development permit. The Planning and Zoning Commission shall, by written resolution, provide a recommendation to the City Council for their consideration in making the final decision on the site plan development permit. The Board may impose such conditions and limitations on the use as it deems necessary to assure that the general purpose and intent of this title and all other ordinances or policies enacted or followed by the Board will be observed, and that the public interest, health, safety, convenience and welfare will be served. Conditions placed by the Board shall be enforced by the Planning and Zoning Commission and City Council as part of site plan development permit approval process. No site plan development permit shall be approved if conditions placed by the Board have not been appropriately accommodated in the development of the site. Conditions placed by the Board as part of the permitted conditional use permit approval may only be modified or removed by the Board. The Planning and Zoning Commission and City Council shall not have authority to modify, waive, or remove conditions placed by the Board.

E.   All conditions and restrictions approved by the Board which are not appealed in a timely manner, shall restrict the use of the subject property or structure until further action is taken by the Board to modify or eliminate the restriction.

F.   The Board may grant a waiver, modify to a lesser restriction, or defer enforcement of any provision or requirements not expressly reserved to the City Council by the Iowa Code or this Code. (Ord. 1257, 6-30-1997; amd. Ord. 1454, 9-17-2001; Ord. 2274, 2-5-2018; Ord. 2527, 7-5-2022)

A.   These regulations apply to development of any parcel of land located within the corporate limits of the City or outside the corporate limits of the City as provided by law.

B.   No building permit or certificate of occupancy shall be issued for any parcel of land or development after the effective date of and not in substantial conformity with the provisions of these regulations. No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations. (Ord. 1190, 6-17-1996)

A.   Interpretation: In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. These regulations shall be constructed broadly to promote the purposes for which they are adopted.

1.   Public Provisions: These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law except as provided in these regulations. If a conflict between requirements appears within this title; the most restrictive requirement shall prevail.

2.   Misinformation: Information erroneously presented by any official or employee of the City does not negate or diminish the provisions of this title pertaining thereto.

3.   Quantity: The singular includes the plural, and the plural includes the singular.

4.   Gender: The masculine includes the feminine, and the feminine includes the masculine.

5.   Number Of Days: Whenever a number of days is specified in this title, or in any permit, condition of approval or notice issued or given as set forth in this title, such number of days shall be deemed to be consecutive calendar days, unless otherwise specified.

6.   Or: The word "or" shall also mean "and/or".

7.   Shall, Must, And May: "Shall" imposes a duty, "must" states a requirement, and "may" confers a power.

8.   Rounding Of Quantities: Whenever application of this title results in required parking spaces or other standards being expressed in fractions of whole numbers, such fractions are to be rounded to the next higher whole number, except that quantities expressing units per acre shall not be rounded.

9.   Density: All references to density in this title are based on gross site area unless otherwise specified. (Ord. 1190, 6-17-1996)

10.   Procedural Requirements: No action of the City, its City Council, Planning and Zoning Commission, Board of Adjustment, the Director of Community Development or other official body of the City shall be deemed invalid by reason of failure to comply with or conform to the provisions of this title, provided that the procedural requirements of all State laws, including the Code of Iowa, have been met.

11.   Measurement Of Setbacks: Whenever this title refers to setback distances, except for those parcels where the City Council or the Board of Adjustment has granted exceptions, the setback standard shall be measured from the ultimate right-of- way width as shown in the adopted Comprehensive Plan. (Ord. 1454, 9-17-2001)

A.   An "entitlement" shall mean the authority acquired by an applicant after receiving approval of an application from the Board of Adjustment, City Council, Director of Development Services or designee, City Engineer or designee, or other official body of the City. The following subsections define and indicate applicability for all entitlements required by this title:

1   Structures Not Requiring A Permit: A building located in any single family residential district which is less than one hundred twenty (120) square feet in area and not placed on a permanent foundation does not require a permit. Structures not requiring a permit also include dog houses, dog runs/pens, play houses or play equipment. Any temporary structures such as tents or canopies having an area less than two hundred (200) square feet in area or used exclusively for camping do not require a permit, although an event utilizing temporary structures may require a temporary use or sound permit. These structures must meet the same setback and height restrictions as all accessory structures.

2   Site Plan Development Permit:

a   Purpose: The site plan development permit provides a method whereby land may be designed and developed as a unit by taking advantage of modern site planning techniques; and to produce an environment of stable, desirable character which will be in harmony with the existing or potential development of the surrounding neighborhood; and to ensure development which meets standards of environmental quality, public health and safety, and efficient use of the City's resources.

b   General Provisions:

(1)   Unless otherwise modified below, a site plan development permit shall be required prior to site development and construction for:

(A)   New construction of any structure or site improvements associated with any use identified as either permitted (P) or permitted conditionally (Pc) within the use matrix for a zoning district.

(B)   Expansion of existing structures, site improvements, use, or operations associated with any use identified as either permitted (P) or permitted conditionally (Pc) within the use matrix for a zoning district.

(C)   Any use, based upon a determination of the Director of Development Services or their designee that is a more intense use than the preceding approved use which would result in a potential for a significant impact upon its surroundings.

(2)   A site plan development permit shall not be required for:

(A)   Single-family residential dwellings except that, detached townhomes on footprint lots or a common lot in all zoning district shall be required to submit and receive a site plan development permit, including approval of building architecture.

(B)   On properties considered being primarily agricultural in nature and operating as such, agricultural structures which are associated with agricultural production - crops (SIC 01) except greenhouses (SIC 018) and which is permitted (P) within the use matrix for the zoning district.

(3)   For projects requiring a site plan development permit, no building or grading permit of any kind shall be issued for any such development until the site plan development permit has been approved, except as herein provided:

(A)   Grading permits may be issued prior to approval of a development permit by the City Engineer or designee, subject to all applicable site grading regulations and application procedures of title 8, chapter 5 of this Code, and

(B)   Determination by the Director of Development Services or a designee that the site development plan is in substantial conformance with all applicable zoning regulations.

c   Required Permit Findings: Site plan development permits shall only be granted if all of the following findings are made; or if conditions and limitations, as the City Council deems necessary, are imposed to allow it to make said findings. It shall be the responsibility of the applicant to prove to the satisfaction of the City Council that the following findings can be made:

(1)   That the proposed development or use is consistent with the West Des Moines Comprehensive Plan and any applicable subarea plan.

(2)   That the proposed development or use does assure compatibility of property uses within the zone and general area.

(3)   That all applicable standards and conditions have been imposed which protect the public health, safety and welfare.

(4)   That there is adequate on site and off site public infrastructure to support the proposed development.

(5)   That the proposed development or use has met all the requirements contained in this Code.

(6)   That the proposed development or use will be in keeping with the scale and nature of the surrounding neighborhood.

d   Duration: Upon use inauguration any site plan development permit is considered to run with the land, unless its duration is conditioned at the time the site plan development permit is granted.

3   Permitted Conditional Use Permit (Pc):

a   Purpose: "Permitted conditional use permit (Pc)" shall mean a zoning instrument used primarily to review the locations or conduct of certain land uses. These are uses which may have a distinct impact on the area in which they are located, or are capable of creating special problems for bordering properties unless given special attention.

b   General Provisions: A permitted conditional use permit (Pc) shall be required for those uses as noted in the Agricultural/Open Space and Residential Zoning District and Commercial, Office and Industrial Zoning District matrices, and as specified elsewhere within this title.

c   Duration: Upon vesting of entitlement any permitted conditional use permit (Pc) use may continue until such time the use is discontinued for a period of one year or a different use is inaugurated on the site. The duration for any Pc use may be conditioned at the time the permitted conditional use permit (Pc) is granted.

4   Major Modifications To Site Development Entitlements:

a   Purpose: The modification procedure is intended to provide a method whereby changes may be made to an existing, approved site plan entitlement. This procedure may allow an applicant to process changes that affect only a portion of a previously approved entitlement.

b   General Provisions: A major modification is generally applicable when additional city input is necessary due to a request for substantial changes, including, but not limited to, parking requirements, building bulk or area, landscaping plans, site design, architecture or other improvements. A modification shall not be applied for in place of a variance.

c   Required Permit Findings: Site plan development permits shall only be granted if all of the following findings are made; or if conditions and limitations, as the City Council deems necessary, are imposed to allow it to make said findings. It shall be the responsibility of the applicant to prove to the satisfaction of the City Council that the following findings can be made:

(1)   That the proposed development or use is consistent with the West Des Moines Comprehensive Plan and any applicable subarea plan.

(2)   That the proposed development or use does assure compatibility of property uses within the zone and general area.

(3)   That all applicable standards and conditions have been imposed which protect the public health, safety and welfare.

(4)   That there is adequate on-site and off-site public infrastructure to support the proposed development.

(5)   That the proposed development or use has met all the requirements contained in this Code.

(6)   That the proposed development or use will be in keeping with the scale and nature of the surrounding neighborhood.

d   Required Permit Findings: Findings for modifications shall be the same as those required for the original site plan development permit. Any modification to a previously approved site plan for a permitted conditional (Pc) use permit shall be subject to consideration by the Planning and Zoning Commission with recommendation by written resolution to and final decision by the City Council. Any expansion of a permitted conditional use on the property shall require approval by the Board of Adjustment.

e   Expiration Date: Any major modification granted pursuant to this section shall not affect the expiration date of the original approved permit.

5   Minor Modifications To Site Development Entitlements:

a   Purpose: Level 1 and level 2 minor modifications are changes to an approved site plan through a process that allows for a less formal review of projects that encompass minor changes that do not generate substantial impacts and do not warrant city input.

b   General Provisions:

(1)   The Director of Development Services or designee may grant a level 1 or a level 2 minor modification to an approved site plan permit. The modification may govern only the following measurable design/site considerations, which in no case results in a reduction from any minimum standard outlined in this title or the previous directives of the City Council or Board of Adjustment.

(A)   A level 1 minor modification may be allowed for the following:

(i)   Modifications to on site circulation drives, parking, and loading or service areas that do not increase the net impervious surface area more than two thousand (2,000) square feet and that do not affect existing topography or drainage;

(ii)   Placement or changes to walls, fences, and retaining walls;

(iii)   Modifications to landscaping that do not affect existing topography or drainage;

(iv)   Modifications to wall facades, reconfiguration and/or addition of architectural features, colors, or finish materials that do not compromise the established theme or otherwise make the structure inconsistent with the architectural design, color, or materials of other structures within the same development or surrounding area;

(v)    Entry vestibules necessary to meet Energy Code requirements and which are no larger than necessary to accommodate accessibility standards;

(vi)    Collocation of communication antennas on existing structures and related accessory buildings up to two thousand (2,000) square feet;

(vii)    Installation of trash enclosures and associated screening;

(viii)   Installation of backup generators and associated screening; and

(ix)    Additions of or expansions of decks and patios for permitted uses.

(B)    A level 2 minor modification may be allowed for the following:

(i)   Modifications to on site circulation drives, parking, and loading or service areas which increase the net impervious surface area more than two thousand (2,000) square feet;

(ii)   New freestanding accessory buildings for permitted uses of not more than a total of two thousand (2,000) square feet;

(iii)    New or expansions of patios or building expansions of an existing facility for permitted uses up to fifty percent (50%) of the existing square footage and not more than a total of two thousand (2,000) square feet;

(iv)    Installation of water, storm sewer, and sanitary utilities on the site. Installation of public utilities may be proposed through the minor modification level 2 process, but will be subject to the approval and acceptance of the City Council;

(v)    Changes in residential density to either decrease the total number of units or to increase the number of units as long as:

(a)    The density does not exceed the maximum allowed per the designated zoning of the property; and

(b)    The additional density does not warrant a structural addition or new structure which exceeds two thousand (2,000) square feet of gross floor area;

(vi)    Changes to topography or drainage that do not affect the ground elevations of sidewalks or buildings.

(2)   Any level 1 minor modification request which exceeds the prescribed limitations outlined in this section shall instead file a level 2 minor modification request or a major modification site plan permit request. A site may have an unlimited number of level 1 minor modifications.

(3)   Any level 2 minor modification request which exceeds the prescribed limitations outlined in this section or a site which has been the subject of two (2) previous level 2 minor modifications shall instead file a major modification site plan permit request.

(4)   Any modification to a previously approved site plan for a permitted conditional (Pc) use permit approval that does not qualify for the level 1 or the level 2 minor modification process shall be subject to consideration by the Planning and Zoning Commission with recommendation by written resolution to and final decision by the City Council. Any expansion of a permitted conditional use on the property shall require approval of the expansion of the use by the Board of Adjustment.

(5)   Any level 1 or level 2 minor modification to a previously approved site plan that is for a site which has nonconforming attributes, e.g., setbacks, open space percentage, landscaping, parking, and which proposes to increase the scope of any nonconforming attribute shall not be granted approval, except in those cases where a variance is obtained from the Board of Adjustment.

(6)   Any level 1 or level 2 minor modification to a previously approved site plan that increases the net impervious area by two thousand (2,000) square feet or more, or changes topography that affects drainage patterns within the site, or changes existing detention facilities within or serving the site, including changes to the capacity of a detention facility within or serving the site, or properties that are identified to contribute to known downstream flooding issues will be required to study the effects of the proposal and provide either a revised stormwater management plan or letter of general conformance to an approved stormwater management plan signed by an Iowa licensed engineer.

(7)   Any level 1 or level 2 minor modification to a previously approved site plan that increases the square footage of the usable area of the building, e.g., expansion of the building or addition or expansion of a patio, or which modifies driveways or internal circulation to the extent that the change would affect traffic on the public street system may require a traffic impact study.

(8)   The Director of Development Services or designee shall have the discretion to refer any level 1 or level 2 minor modification request to the Plan and Zoning Commission and City Council for permitted uses or permitted conditional uses.

c   Application: The level 1 or level 2 minor modification shall require the approval of the Director of Development Services or designee. The Director of Development Services or designee may establish conditions of approval to further the intent of this section or other City Code regulations.

d   Required Permit Findings: Level 1 and level 2 minor modifications shall only be granted if all of the following findings are made. It shall be the responsibility of the applicant to prove that the following findings can be made:

(1)   That the proposed development or use is consistent with the West Des Moines Comprehensive Plan and any applicable subarea plan;

(2)   That the proposed development or use does assure compatibility of property uses within the zone and general area;

(3)   That all applicable standards and conditions have been imposed which protect the public health, safety and welfare;

(4)   That there is adequate on site and off site public infrastructure to support the proposed development; and

(5)   That the proposed development or use has met all the requirements contained in this Code.

6   Overlay District Site Plan Permit:

a   Purpose: The overlay district site plan development permit procedure provides a method whereby land within an overlay district area may be designed and developed as a unit by taking advantage of modern site planning techniques; and to produce an environment of stable, desirable character which will be in harmony with the existing or potential development of the surrounding neighborhood; and to ensure development which meets standards of environmental quality, public health and safety, and efficient use of the City's resources.

b   General Provisions:

(1)   An overlay district site plan development permit shall be required for:

(A)   All uses within the Town Center Overlay District, except for single-family detached residential, when new construction or expansion of existing structures or area of use or operation is proposed.

(B)   Any use, based upon a determination of the Director of Development Services that is a more intense use than the preceding approved use which would result in a potential for a significant impact upon its surroundings.

(2)   For projects requiring a site plan development permit, no building or grading permit of any kind shall be issued for any such development until the site plan development permit has been approved, except as herein provided.

(A)   Grading permits may be issued prior to approval of a development permit by the City Engineer or designee, subject to all applicable site grading regulations and application procedures of title 8, chapter 5 of this Code, and

(B)    Determination by the Director of Development Services or a designee that the site development plan is in substantial conformance with all applicable zoning regulations.

(3)   The Director of Development Services or designee may deem an overlay district site plan as preliminarily approved by staff, and then send the application materials to the Mayor, City Council, and Planning and Zoning Commission for their individual review. If two (2) or more members of the City Council and Planning and Zoning Commission inform the Director of Development Services or designee of their hesitation in recommending approval of the application request or desire for additional information, the request is then placed on the next available agenda for consideration by the Planning and Zoning Commission. The Planning and Zoning Commission's written resolution of recommendation is then forwarded to the next available City Council agenda for final decision. If, however, there are less than two (2) objections from the City Council and Planning and Zoning Commission, the application may be approved administratively by the Director of Development Services at an administrative hearing that has been advertised by posting a notice in the designated area forty-eight (48) hours before the hearing.

(4)   The Director of Development Services or their designee shall have the discretion to refer any overlay district site plan request to the next available agenda for consideration by the commission, whose recommendation will be forwarded to the next available Council agenda for final action.

d   Required Permit Findings: Overlay district site plan development permits shall only be granted if all of the following findings are made; or if conditions and limitations, as the Development Services Director deems necessary, are imposed to allow it to make said findings. It shall be the responsibility of the applicant to prove to the satisfaction of the Director of Development Services that the following findings can be made:

(1)   That the proposed development or use is consistent with the West Des Moines comprehensive plan, overlay district guidelines, and applicable specific plan.

(2)   That the proposed development or use does assure compatibility of property uses within the zone and general area.

(3)   That all applicable standards and conditions have been imposed which protect the public health, safety and welfare.

(4)   That there is adequate on site and off site public infrastructure to support the proposed development.

(5)   That the proposed development or use has met all the requirements contained in this Code.

(6)   That the proposed development or use be in keeping with the scale and nature of the surrounding neighborhood.

e   Duration: Upon use inauguration any overlay district site plan development permit is considered to run with the land, unless its duration is conditioned at the time the site plan development permit is granted.

7   Extension Of Entitlement:

a   Purpose: The extension of entitlement procedure is intended to provide a method to extend the time originally allowed for inauguration of a previously approved project that has not expired.

b   General Provisions:

(1)   Entitlements Except Permitted Conditional Use Permits: The City Council may grant time extensions for any entitlement in this title as provided herein except permitted conditional use permit entitlements, unless stated otherwise in the conditions of approval. The time limits for any extension of an entitlement shall be at the discretion of the City Council and shall be determined on a case by case basis.

(2)   Permitted Conditional Use Permit Entitlements: The Board of Adjustment may grant time extensions for permitted conditional use permit entitlement in this title, unless stated otherwise in the conditions of approval. The time limits for any extension of an entitlement shall be at the discretion of the Board of Adjustment and shall be determined on a case by case basis.

c   Applications: Such extensions shall be requested on or before the date of expiration of the entitlement.

d   Required Findings: The City Council, Board of Adjustment, or Director may grant the extension only after finding that:

(1)   There have been no changes to the provisions of the Comprehensive Plan or zoning regulations applicable to the project since the approval of the entitlement; and

(2)   There have been no changes in the character of the site or its surroundings which affect how the standards of the Comprehensive Plan or zoning regulations apply to the project; and

(3)   There have been no changes in the character of the site or its surroundings which detrimentally affect the environment; and

(4)   That substantial site work could not be completed because of circumstances beyond the control of the applicant. (This finding is not applicable to time extensions for a continuation of a use of a previously approved entitlement that as part of its approval allowed the filing of a time extension at a specified time or intervals of time.)

e   Continuance Of A Permit During Application Renewal Process: Unless otherwise provided in the conditions of the permit, permits being processed for renewal (time extensions) shall remain in full force and effect until the renewal request is acted on and all administrative appeals have been exhausted. All the terms and conditions of the original permit must be followed at all times.

A.   Application requests shall be filed with the Development Services Department.

B.   Applications Deemed Withdrawn: Any application received shall be deemed withdrawn if it has been held in abeyance, awaiting the submittal of additional requested information from the applicant, and/or if the applicant has not communicated in writing with the City and/or made reasonable progress within ninety (90) days from the last written notification communication from the City to the applicant. Upon initiation of the application review process as signaled by distribution of the project plans to other departments and/or outside agencies, all application fees are nonrefundable. Any application deemed withdrawn shall require submission of a new application and fees to begin the review and approval process.

2   Vesting Of Entitlement: An entitlement shall remain in effect so long as:

a   Substantial Site Work Defined: "Substantial site work" shall be defined as the point at which the site work has progressed beyond grading and completion of structural foundations and twenty five percent (25%) of the total building area has occurred above grade within twenty four (24) months of the effective date of the approval, or a greater time period authorized by the original entitlement, or by approval of an extension of the original entitlement.

b   Nonbuilding Projects: The project is completed as set forth in subsection A4 of this section, project completion, within twelve (12) months or greater period authorized by an entitlement or approval of an extension of entitlement.

c   Resource Extraction Operations: In the case of a resource extraction operation, the vesting of the entitlement shall occur when extraction operations authorized by the entitlement have been commenced.

3   Lapse Of Entitlement: In the event that any of the circumstances listed in subsection A3a(1) or A3a(2) of this section occur, an entitlement shall be deemed to have lapsed. No use of land or structure, the entitlement for which has lapsed pursuant to this subsection, shall be reactivated, reestablished, or used unless a new entitlement is first obtained.

a   Completed Projects: When a project has been completed or an authorized use not involving construction has been established, subsection A4, "Project Completion", of this section, the entitlement which authorized the project shall remain valid and in force, including any conditions of approval adopted in connection therewith, unless:

(1)   An existing legally approved use or structure is removed from the site, and the site remains vacant for a period exceeding six (6) consecutive months, in which case the right shall lapse; or

(2)   A use or structure authorized through an entitlement approval remains vacant and unused for its authorized purpose, or is abandoned or discontinued for a period greater than twelve (12) consecutive months, the entitlement shall lapse.

b   Partially Completed Projects: Until development rights have been vested, an entitlement shall remain valid so long as the building permit remains valid.

4   Project Completion: A development project is considered completed when the following conditions are met based on the project scope:

a   All structures have passed final inspections, and site improvements or off site works have been completed and any bonds guaranteeing improvements have been released or continued at the discretion of the City and final certificates of occupancy have been issued.

b   When the Director of Development Services or designee verifies that a use or activity, not involving a building or grading permit, has occurred on the subject site in accordance with all applicable provisions of this title and any adopted conditions.

5   Occupancy Or Use Of Partially Completed Projects: Multiple building projects, including, but not limited to, apartments or office complexes or shopping centers, may be granted certificates of occupancy for individual completed buildings in advance of the completion of the entire project when:

a   Individual buildings, but not necessarily all buildings, are completed pursuant to subsection A4 of this section; and

b   The Director of Community Development determines that the completed structures are capable of functioning independently from structures and site improvements remaining to be completed; and

c   Occupancy of individual structures will not inhibit the completion of the total project; and

d   Partial occupancy during completion will not have a potential adverse effect on persons in the area or nearby properties. (Ord. 1190, 6-17-1996; amd. Ord. 1454, 9-17-2001; Ord. 2274, 2-5-2018; Ord. 2357, 5-6-2019; Ord. 2527, 7-5-2022; Ord. 2570, 7-5-2023)

A.   Notice For Public Hearings: Whenever a public hearing is required under the Code of Iowa or this title, before the application can be acted upon, the city shall set a date, time and place for the matter to be heard. In accordance with the Code of Iowa, the city shall give notice of said hearing to the owner(s) of the property involved, and to the owner(s) of the property situated within a radius of three hundred seventy feet (370'), including public right of way, of the exterior boundaries of the parcel(s) on which the proposed use or project is to be located. Ownership information as provided in the County Assessor's online data on the date that notice information is prepared for the project property owners (s) and of properties within 370' shall be used.

B.   Hearing Procedures: The decision making authority(s) or the advisory body shall hold at least one hearing on any duly filed application that requires a discretionary decision. All public hearings as defined in this title shall be conducted in accordance with the Iowa Code and this title.

C.   Referrals: A decision making authority may refer a matter back to the preceding hearing body for a further report, information or study.

D.   Continued Matters: If it is necessary to continue the hearing or decision on any matter before the decision making authority, the person presiding at the hearing shall, before adjournment thereof, publicly announce the date, time and place to which the matter will be continued. No further notice need be given. If no date is set for a continued hearing, then new hearing notice is required.

E.   Decisions:

1   Decision Options: The Board of Adjustment or the City Council, as the case may be, hearing a discretionary matter may approve, deny or modify, wholly or partly, the request being reviewed. The Director of Development Services may administratively approve development permits as presented for which approval authority has been specifically granted. The approval body may impose such conditions and limitations as it deems necessary to assure that the general purpose and intent of this title and its various chapters will be observed, and that the public interest, health, safety, convenience and welfare will be served. In absence of any provision to the contrary in a decision granting a request, said request is granted as set forth in the application. All conditions and restrictions applied to a decision on a project not appealed shall automatically continue to govern and limit the subject use or structure for the duration of the entitlement.

2   Finality Of Decision: An administrative decision of the Director of Development Services, as well as decisions of the Board of Adjustment or the City Council, shall become final at the expiration of the decision's appeal period unless, prior to the expiration of said period of appeal, a written appeal with the appropriate fees is duly filed with the Development Services Department. The filing of an appeal to the Board of Adjustment or City Council as allowed by this code shall automatically stay all proceedings in furtherance of the subject application request. Neither the applicant nor any enforcement agency may rely on an authority's decision until the expiration of the decision's appeal period or until the appeal has been resolved, whichever period expires later. Appeals to District Court as allowed by this code or the Code of Iowa shall not automatically stay any proceeding in furtherance of the subject application request.

3   Implementation: The director of community development shall be responsible for reviewing the decisions mentioned in this chapter and any other paper or document required by the commission, the board of adjustment, or the city council in order to discharge his duties and responsibilities under this title and chapter. It shall be the responsibility of the permittee to ensure that all conditions placed on a permit are met.

F.   Reapplication: An application request may be denied with prejudice. If such denial is not appealed, then no further application for the denied request shall be filed in whole or in part for the ensuing eighteen (18) months except as otherwise specified at the time of denial. An application request may be denied with prejudice on the grounds that two (2) or more similar application requests have been denied in the past two (2) years, or that other good cause exists for limiting the filing of an application with respect to the property. (Ord. 1190, 6-17-1996; amd. Ord. 1454, 9-17-2001; Ord. 1607, 10-25-2004; Ord. 2527, 7-5-2022; Ord. 2570, 7-5-2023)

A.   Modification, Suspension And Revocation: Any permit or variance heretofore or hereafter granted may be modified or revoked, or its use suspended by the decision making authority through the public hearing process for any of the following reasons:

1.   That the term(s) or condition(s) of the permit or variance has not been complied with;

2.   That the property subject to the permit or variance, or any portion thereof, is used or maintained in violation of any statute, ordinance, law or regulation;

3.   That the use for which the variance or permit was granted has been exercised for at least twelve (12) consecutive months or has ceased to exist, or has been abandoned;

4.   That the use for which the permit or variance was granted has been exercised as to be detrimental to the public health, safety, morals or general welfare or as to constitute a nuisance;

5.   That changes in technology, or in the type or amount of development in the vicinity of the use, or other good cause warrants modification of conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located.

B.   Nonwaiver: The failure of the Director of Development Services, the Board of Adjustment, or the City Council to revoke a variance or permit or suspend its use whenever cause therefor exists or occurs does not constitute a waiver of such right with respect to any subsequent cause for revocation or suspension of the use.

C.   Prohibition: No person shall carry on any of the operations authorized to be performed under the terms of any permit during any period of suspension thereof, or after the revocation thereof, or pending a judgment of court upon any application for writ taken to review the decision order of the final appeal body in the City in suspending or revoking such permit; provided, however, that nothing herein contained shall be construed to prevent the performance of such operations as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance or violation, for which a suspension of the permit was ordered by the City, or such operations as may be required by other laws and regulations for the safety of persons and protection and preservation of property. (Ord. 1190, 6-17-1996; amd. Ord. 1454, 9-17-2001; Ord. 2527, 7-5-2022)

A.   Uses Requiring Entitlements: Any construction, expansion or alteration of a use of land or structures and any approved entitlement on the date of adoption of an ordinance amendment may be completed as authorized in the entitlement and in accordance with this title.

B.   Due Only To Changes In The Type Of Permit Required: Whenever adoption of this title or an amendment thereto results only in a requirement for a different permit for the same existing use, the property being used shall be governed by the following provisions:

1.   If the use affected is existing lawfully as a permitted use of any kind, the existing use is hereby conforming without any further action. Any modification or expansions of the use, change of use, terms of use, or additional use shall conform to this title as it may be modified, including requirements for a new type of entitlement.

2.   If the use affected is under an entitlement that has an expiration date or clause and the new regulation requires a different entitlement, the use may continue until the expiration date or clause specified in the entitlement, at which time one of the following actions shall occur:

a.   The applicant may file for the required entitlement or renewal under this title;

b.   The entitlement expires and the use shall terminate. (Ord. 1190, 6-17-1996)

A.   Authority: The City Council may, from time to time on its own action or on petition, after public notice and hearing as provided by law and after receiving a written recommendation by the Planning and Zoning Commission, amend, supplement or change the boundaries or regulations herein or subsequently established, and such amendment shall not become effective except by the favorable vote of a majority of all the members of the City Council.

B.   Amendment Disapproval Or Protest: In case the proposed amendment, supplement or change be recommended for denial by the Planning and Zoning Commission, or a protest be presented duly signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof, extending the depth of one lot or not to exceed two hundred feet (200') therefrom, or of those directly opposite thereto, extending the depth of one lot nor not to exceed two hundred feet (200') from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of at least three-fourths (3/4) of all the members of the City Council. Whenever any petition for an amendment, supplement or change of the zoning or regulations herein contained or subsequently established shall have been denied by the City Council, then no new petition covering the same property to the same property or the same property and additional property shall be filed with or considered by the City Council until one year shall have elapsed from the date of action by the City Council on the first petition. In the event the applicant withdraws the petition for rezoning prior to final decision by the City Council, no new petition covering the same property or the same property and additional property shall be filed with or considered by the City Council until six (6) months shall have elapsed from the date of withdrawal. (Ord. 1190, 6-17-1996; amd. Ord. 2255, 10-16-2017; Ord. 2527, 7-5-2022; Ord. 2570, 7-5-2023)