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In all districts no building or structure shall exceed four (4) stories or forty-five (45) feet above the average elevation of the finished grade of the front yard. Buildings and structures with a height in excess of forty-five (45) feet shall be permitted provided that the required front, side, and rear yards are increased by one foot for each foot of additional building height above 45 feet.
1. Height Exceptions. The height regulations prescribed herein shall not apply to television, telephone, microwave and radio towers, church spires, belfries, monuments, farm buildings, tanks, water and fire towers, stage towers or spires, chimneys, elevator bulkheads, smoke-stacks, drilling rigs, conveyors, flagpoles, wind energy conversion system and solar energy standard systems (except in residential districts).
The required front, side, or rear yards of each district shall be observed unless 50 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, the majority of which have observed an average yard less than that required in the district. In cases where the above is true, the average of the lesser yard dimensions may be used. However, where the lots improved with buildings are less than 40 percent of the total number of lots, including vacant lots, on one side of the street between two intersecting streets, the required minimum yards of the district shall be observed.
1. A detached private garage or accessory building or structure, including a television satellite dish, may be located, erected, or established in a required side or rear yard of the district provided the private garage or accessory building or structure is located not nearer than five (5) feet to the side or rear lot lines, except when located adjacent to an alley line, in which case it may be located not nearer than three (3) feet to the alley line. A private garage or accessory building or structure, including television satellite dishes, shall not be located nearer to a street line than the required setback for a principal building. The detached private garage or accessory building or structure shall not occupy more than 35 percent of a rear yard. A private accessory building or structure is limited to the height of the principal building unless a greater height is permitted as a special use permit by the Board of Adjustment.
2. Building Projections. Projections from buildings including eaves, canopies, chimneys, sills, cornices, or other similar architectural features may project or extend not more than two (2) feet into the required yard.
3. Courts.
A. Outer Courts. Courts or open spaces between two or more building walls that open on any yard on the lot and containing windows in one or more walls shall have a minimum width of twice the side yard requirements of the district, except court widths for buildings with a height in excess of 35 feet shall be increased by one foot for each foot of additional building height above 35 feet, or 50 feet, whichever is less.
4. Fences, Walls, and Hedges. Fences, walls, and hedges are permitted in all districts in accordance with the following limitations:
A. Any electrically charged fence, barbed wire or sharp pointed metal fence shall not be allowed unless approved by the Board of Adjustment.
B. At any corner formed by intersecting street, it shall be unlawful to install any fence or wall or set out any hedge or shrubbery, natural growth or other obstruction within the triangle formed by the center line of the intersecting streets drawn from the point of the intersection back a distance of 70 feet with a line drawn to form a right triangle. The foregoing provisions shall not apply to fences, walls, or hedges of a height of less than 33 inches above the established grade.
C. Tree branches which overhang the public sidewalk shall be kept trimmed to a height of at least eight feet above the sidewalk level. Tree branches which overhang the public street, shall be kept trimmed to a height of not less than 16 feet.
D. Fence and perimeter wall heights in required yards in residential uses shall not exceed four feet between a primary structure and an adjacent street. The four feet limit shall apply to any such fence or perimeter wall between any street and any front building line extended to the lot line. All other perimeter fences shall not exceed six feet in height. Greater heights may be permitted by special use permit approved by the Board of Adjustment. The finished side of fences shall face outward from the enclosed space.
E. Materials Permitted. With the exception of temporary fences as provided herein, and fences in the interior of a property around the perimeter of a garden or animal enclosures, permanent fences shall comply with the following:
(1) Be constructed of customarily used materials such as, but not limited to: wrought iron, aluminum, metal, well-manicured hedges, stone, masonry, wood, polyvinyl chloride (PVC), chain link, composite and other similar materials that are durable and can be installed in such a way as to provide a clean finished appearance.
(2) Fence building materials not permitted include, but are not limited to: Pallets, scrap lumber, scrap metal, snow fence and other materials not specifically designed or intended for fence construction.
(3) Fences for the protection of gardens in single family zoning districts may be allowed in the interior of the property. Fences constructed of chicken wire or like material and not exceeding two (2) feet in height are permitted around the perimeter of a garden.
(4) Temporary fences installed to provide site security and/or safety in conjunction with construction work shall be allowed to be comprised of cloth screening fabric and plastic snow fence type materials. Any such temporary fences shall be removed upon completion of construction, if construction ceases for a period of six (6) months, or upon issuance of an occupancy permit, including temporary occupancy.
(5) All fences shall be constructed in a sound and sturdy manner and shall be maintained in an upright, non-sagging manner and in good condition, including the replacement of defective or missing parts, painting, and other acts required for upkeep and maintenance.
(6) Any fence previously constructed that does not meet standards set forth by this ordinance and are presently existing on any property in the City of Carroll on the date of final passage of this ordinance shall be removed from such property or be brought into compliance with the provisions of this section within thirty (30) days of final passage of this ordinance.
(Ord. 2414 - Aug. 24 Supp.)
5. Water Supply Well Separation Distances. No construction of any source of contamination shall be permitted within 100 feet of any City water supply well, except as provided in the section of the Iowa Administrative Code cited below.
Applicable definitions of terms and requirements for separation distances shall be controlled by Chapter 43 of Part 567 of the Iowa Administrative Code (455B.), specifically subrule 43.3(7) and Table A as amended and implemented by the Iowa Department of Natural Resources. For the purposes of reference, the current Table A is attached to this paragraph, but should be checked for updates prior to reliance thereon.
(Ord. 19-12 - Jan. 20 Supp.)
6. Prohibited Uses with Respect to the Municipal Wastewater Treatment Plant. In all zoning districts, it shall be prohibited to construction, or utilize, land surrounding the municipal wastewater treatment plant for any of the following uses when said use would be located within the following distance of said wastewater treatment plant:
A. Within 400 feet thereof:
(1) Public deep wells.
(2) Private wells.
(3) Lakes or public water impoundments.
B. Within 1000 feet thereof:
(1) Inhabitable residence, commercial building, or other inhabitable structure. If there is a written easement and waiver of separation agreement with the owner of the building, the separation criteria shall not apply. Any such written agreement shall be filed with the county recorder for abstract of title purposes.
(2) Public shallow wells.
C. When the above separation distances cannot be maintained for the expansion, upgrading or replacement of existing facilities, the separation distances shall be maintained at no less than ninety (90%) of the existing separation distance on the site, providing no data is available indicating that a problem has existed or will be created.
1. It shall be the intent of this section to prevent traffic congestion and to provide for proper traffic safety by preserving the public thoroughfares for the unimpaired movement of pedestrian and vehicular traffic. Therefore, it shall be recognized that the requirements of this section are minimum and that in certain uses of land, these requirements may be inadequate. Where review of the site plans and intended land use indicate through the application of proven standards or experienced statistics that the requirements therein are inadequate for the specific land use adaptation, a greater requirement for off-street parking space is justified and may be required to preserve the intent of this section.
2. Off-Street Loading Space Required. Every department store, freight terminal or railroad yard, hospital or sanitarium, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishment, which has a gross floor area of 5,000 square feet or more shall provide one off-street loading space plus one additional space for each 20,000 square feet of floor area or major portion thereof. Each loading space shall not be less than ten (10) feet in width and forty (40) feet in length.
3. Off-Street Parking Area Required. In all districts, except the “B-3” Central Business District, in connection with every industrial, commercial, business, trade, institutional, recreational, or dwelling, and similar uses, space for parking and storage of vehicles shall be provided in accordance with the following schedule.
A. Apartments Located Above the First Floor of Business. One and one-half parking spaces per dwelling in addition to the off-street parking requirements of any business located within the building.
B. Automobile Sales and/or Repairing. One (1) parking space for each three hundred (300) square feet of floor area and one (1) parking space per two (2) employees regularly employed on the premises.
C. Automobile Service Stations. One (1) parking space for each three hundred (300) square feet of floor area, plus one (1) additional parking space per pump, and two (2) parking spaces for each service stall.
D. Banks, Savings and Loans, and Finance Companies. One (1) parking space per three hundred (300) square feet of floor area.
E. Business or Professional Office Buildings. Five (5) parking spaces plus one (1) additional parking space for each four hundred (400) square feet of floor area over one thousand (1000).
F. Business, General Retail. One (1) parking space for each three hundred (300) square feet of floor area, excluding indoor warehousing area where not a principal use.
G. Bowling Alleys. Three (3) parking spaces per alley plus one (1) parking space per five (5) spectator seats.
H. Churches. One (1) parking space per five (5) seats in a public worship area.
I. Clinics, Medical or Dental. One (1) parking space per two hundred (200) square feet of floor area and per two (2) employees.
J. Clubs and Lodges. One (1) parking space per one hundred (100) square feet of floor space.
K. Dance Halls, Assembly Halls. One (1) parking space for each one hundred (100) square feet of floor area or one (1) parking space for each four (4) seats of maximum seating capacity whichever is greater.
L. Dwellings, Residential.
(1) Single and two family dwellings -- two (2) parking spaces per unit.
(2) Multi-family dwellings - two (2) parking spaces per unit.
(3) Rooming, lodging, or boarding house - one (1) parking space for each sleeping room.
M. Funeral Homes, Mortuaries. One (1) parking space per five (5) seats in the chapel or viewing rooms and per each vehicle maintained on the premises.
N. Furniture, Appliance and Other Retail Stores Displaying Large and Bulky Merchandise. One (1) parking space per five hundred (500) square feet of floor area.
O. Home Occupations. A minimum of four (4) parking spaces, inclusive of residence requirements.
P. Hospitals. One (1) parking space per two (2) patient beds and one (1) parking space per three (3) staff members and employees on the largest shift.
Q. Hotels, Motels, and Lodging Houses. One (1) parking space for each room or suite of rooms offered for tourist accommodations and one (1) parking space for each two (2) persons regularly employed on the premises.
R. Industrial Uses, All. One (1) parking space for each two (2) employees on the largest shift or each four hundred (400) square feet of floor area, whichever is greater, plus one (1) additional parking space for each vehicle operated or kept in connection with the use.
S. Nursing Homes, Sanitariums, Rest Homes, Senior Housing AND Convalescent Homes, or Similar Uses. One (1) parking space per two (2) patient beds or two (2) residents, whichever is greater, provided however senior housing projects shall have a minimum parking requirement of one (1) parking space per living unit.
T. Restaurants, Taverns, Night Clubs, or Similar Places Dispensing Food, Drink, or Refreshments. One (1) parking space per one hundred (100) square feet of floor area.
U. Retail Stores, Supermarkets, Department Store, Drug and Sundry Stores, Etc. One (1) parking space per three hundred (300) square feet of floor area.
V. Schools.
(1) Elementary, Junior High and other places for under driving age students. One (1) parking space per each faculty member plus one (1) parking space for each full-time employee.
(2) High Schools. One (1) parking space per each faculty member and full-time employee, plus one (1) parking space per twenty (20) students in accordance with design and capacity of the facilities.
(3) College, Trade Schools, and Other Places of Young Adult Learning. One (1) parking space per each faculty member and full-time employee, plus one (1) parking space per four (4) students in accordance with design and capacity of the facilities.
W. Sports Arenas, Theaters, Auditoriums, and Other Similar Places of Public Assembly. One (1) parking space for each five (5) seats or seating spaces.
X. Wholesale Establishments or Warehouses. One (1) parking space for each person regularly employed on the premises, plus one (1) parking space for each vehicle operated or kept in conjunction with the use.
Y. Uses Not Specified. Where parking requirements for any use are not specifically defined in this section, such parking requirements shall be determined by the Board of Adjustment based on comparable uses in compliance with this section.
4. General Provisions.
A. Minimum dimensions for any vehicular parking space shall be nine (9) feet in width and nineteen (19) feet in length.
B. A minimum space of 350 square feet shall be required for off-street parking of a vehicle including access aisles and/or private drives.
C. Adequate entrances and exits shall be provided for, so as to minimize traffic congestion.
D. Parking areas shall be properly graded for drainage.
E. Parking areas shall be surfaced with a minimum 4.00" Portland cement or 4.56" Type A (65% crushed material) asphaltic cement concrete.
F. New Additions. In case of new additions to existing buildings, off-street parking and loading areas shall be provided for the new floor area added in accordance with ratios described in Section 170.34.
G. Several Uses. In the event several uses occupy a single structure or parcel of land, the total requirement for off-street parking shall be the sum of the requirements of the several uses computed separately.
H. Joint Use. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same parking and loading spaces when the hours of operation do not overlap or are adequate for both uses, provided that satisfactory legal evidence is presented in the form of deeds, leases, or contracts to establish joint use.
I. Availability. Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons, and employees only, and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business of use.
J. Location. Off-street parking space for single family, two family or multiple family dwellings shall be provided within the dwelling or on the premises of the dwelling. Off-street parking spaces for other buildings shall be provided within the buildings, on the premises, or on a permanently reserved space on another lot any portion of which is within three hundred (300) feet of said buildings, with the exception of auditoriums, theaters, churches, assembly halls, or stadiums, which parking spaces can be within six hundred (600) feet of the latter. Off-street parking shall be accessible by traversing public ways.
K. Plan. A plan, drawn to scale, indicating how the off-street parking and loading requirements are to be fulfilled, shall accompany the application for a building permit and occupancy certificate. The plan shall show all elements necessary to indicate that these requirements are being fulfilled.
L. Exceptions. The provisions of this section shall not apply to the “B-3” Central Business District.
5. Rules of Computing Off-Street Parking. In computing the number of off-street parking spaces required, the following rules govern:
A. “Floor Area” means the gross floor area of the specific use.
B. Where fractional spaces result, the parking spaces required are the nearest whole number.
C. The parking space requirement for a use not specifically mentioned herein is the same as required for a use of similar nature.
D. Whenever a building erected or established after the effective date of this chapter is enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of enlargement or change.
E. Whenever a building existing prior to the effective date of this chapter is enlarged to the extent of fifty percent (50%) or more in the floor area or in the area used, said building or use shall then and thereafter comply with the parking requirement set forth herein.
F. On the following page is a Parking Table showing the space requirements for various parking angles.
6. Exceptions. The Board of Adjustment is hereby authorized and empowered, after a public hearing thereon with a notice to the public, to permit an exception or modification in the required location of the off-street loading spaces, if, after investigation by such Board, it is found that such exception is necessary to prevent unreasonable hardship or to secure an appropriate development of a specified parcel of land which has such peculiar or exceptional geographical or topographical conditions or is of a size, shape, dimensions, or location that it cannot be reasonably developed in accordance with the provisions of this ordinance.
In granting any exception or modifications, the Board may impose conditions and limitations in respect to the proposed use and development of the premises as in its judgment are necessary in order to provide adequately for the public safety and to do substantial justice to the parties involved.
A Board of Adjustment is hereby established for the purpose of providing a body to safeguard the most appropriate development of the community in accordance with the public interest and to hear appeals from any decision or interpretation of this ordinance. The word “Board” shall be construed to mean the Board of Adjustment. The Board shall consist of seven (7) members. Five (5) members shall be appointed by the Council of the City of Carroll, Iowa and shall be citizens of the City. Two (2) members shall be appointed by the Board of Supervisors of Carroll County and shall be citizens of the area extended beyond the corporate limits of the City of Carroll by a 28E Agreement between the City of Carroll, Iowa and Carroll County, Iowa. Any vacancy shall be filled in the same manner for the unexpired portion of the term.
1. Term. Each member of the Board shall be appointed to a term of five years. All terms shall be staggered so that only one term expires each year.
2. Compensation. All members shall serve without compensation.
3. Officers. The Board shall elect its own chairman and vice-chairman at the first meeting on or after January 1 of each year. The Board shall also appoint a person to serve as the Secretary of the Board. In the absence of the secretary, the chairman may appoint another to serve for the meeting. The secretary shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of the examinations, and any other official actions, all of which shall be immediately filed in the office of the Clerk and shall be of public record.
4. Meetings. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of the witnesses. The Board shall have 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.
5. Quorum. The presence of four (4) members shall be necessary for a quorum and the concurring vote of four members of the Board shall be necessary on all matters upon which it is required to consider. The chairman, or acting chairman, are voting members of the Board.
6. Rules and Regulations. The Board shall adopt, from time to time, subject to the approval of the City Council, such rules and regulations as it may deem necessary to carry into effect the provisions of this ordinance.
7. Appeals. Appeals to the Board may be taken by any person aggrieved, or by any officer, department, or board of the City affected by any decision of the administrative 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 and administrative officer, written notice of appeal specifying the grounds thereof. The administrative officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken.
8. Effect of Appeal. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative officer certifies to the Board that a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the offer from whom the appeal was taken on due cause shown.
9. Time and Notice of Hearing. The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing any party may appeal in person or by agent or by attorney.
10. Duties and Powers. The Board of Adjustment shall have the following powers:
A. The board shall have the power to hear and decide on appeals where it is alleged that there is an error in any order, requirement, decision, determination or interpretation by the code official.
B. The board shall have the power to hear and decide on appeals wherein a variance to the terms of this code is proposed. Limitations as to the board’s authorization shall be as set forth in this code.
C. Variance review criteria. The board of adjustment shall be permitted to approve, approve with conditions or deny a request for a variance. Each request for a variance shall be consistent with the following criteria:
(1) Limitations on the use of the property due to physical, topographical and geologic features.
(2) The grant of the variance will not grant any special privilege to the property owner.
(3) The applicant can demonstrate that without a variance there can be no reasonable use of the property.
(4) The grant of the variance is not based solely on economic reasons.
(5) The necessity for the variance was not created by the property owner.
(6) The variance requested is the minimum variance necessary to allow reasonable use of the property.
(7) The grant of the variance will not be injurious to the public health, safety or welfare.
(8) The property subject to the variance request possesses one or more unique characteristics generally not applicable to similarly situated properties.
D. Use Variance. The board of adjustment shall not grant a variance to allow the establishment of a use in a zoning district when such use is prohibited by the provisions of this code.
E. Decisions. The board shall be permitted to decide in any manner it sees fit; however, it shall not have the authority to alter or change this code or zoning map or allow as a use that which would be inconsistent with requirements of this code. Provided, however, that in interpreting and applying the provisions of this code, the requirements shall be deemed to be the spirit and intent of the code and do not constitute the granting of a special privilege.
F. Special Use Permits. The Board shall have the power to grant special use permits according to the procedures set forth in this Code.
G. Parking Exceptions. The Board shall have the power to grant parking exceptions or modifications as provided in this Code.
11. Initiation of Variance. A request for variance may be initiated by a property owner or his authorized agent. A request may also be initiated by the City Council or Planning and Zoning Commission where a City property is involved.
12. Application and Fee. An application by a property owner, or his authorized agent for variance, shall be filed with the zoning administrator. The application shall be accompanied by adequate drawings and other descriptive materials constituting a record essential to understanding the variance requested. The application shall also be accompanied by a fee of $50.00 payable to the general fund of the City of Carroll, Iowa.
13. Notice of Meeting. Notice of time and place of the Board's meeting and of the purpose shall be given by the chairman not less than ten days prior to the date of the meeting. The zoning administrative officer shall give written notice by mail or publication in a newspaper in Carroll of the meeting to record owners of property abutting the lot or parcel of land on which the variance is requested, and shall notify record owners of any other lot or land parcel which is deemed affected by the proposed variance. Any decision by the administrative officer as to the identity of persons affected by the proposed variances shall not be subject to appeal.
14. Hearings. At said hearing, any party may appear in person, or by agent or attorney. The variance may be granted, refused, or tabled subject to further investigation. The Board may attach conditions to an authorized variance which it feels are necessary to protect the public interest and carry out the purposes of this ordinance. A concurring vote of four members of the Board shall be necessary to grant a variance and the administrative officer shall notify the applicant for a variance in writing of the Board's action within seven days after the Board has rendered its decision.
Allowable special uses may be permitted, enlarged, or altered upon application for a special use permit in accordance with the rules and procedures of the Board of Adjustment. The Board of Adjustment will grant or deny a special use permit in accordance with the standards set forth herein and the intent and purposes of this ordinance. In granting special use permits, the Board of Adjustment will authorize the issuance of a special use permit and may prescribe and impose appropriate conditions, safeguards, and a specified time limit for the performance of the special use permit. Special use permits are not transferable.
1. Application for Special Use Permit. A request for a special use permit for a special use or modification of a special use may be initiated by a property owner or his authorized agent by filing an application with the Clerk upon forms prescribed for the purpose. The application shall be accompanied by a site plan and such other plans and data showing the dimensions, arrangements, descriptive data, and other materials constituting a record essential to an understanding of the proposed use or proposed modification in relation to the standards set forth herein. The application shall also be accompanied with a fee of $50.00.
2. Meeting. Before issuance of any special use permit, the Board of Adjustment will consider the application for special use permit at a meeting held at the call of the chairman within 47 days after the filing of the application.
3. Decisions. The concurring vote of four members of the Board of Adjustment shall be necessary to grant a special use permit. No order of the Board of Adjustment granting special use permit shall be valid for a period longer than six months from the date of such order, unless the Board of Adjustment specially grants a longer period of time or a building permit is obtained within the six month period and construction is commenced.
4. Standards. No special use permit shall be granted by the Board of Adjustment unless such Board shall find:
A. That the establishment, maintenance, or operation of the special use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare of the community.
B. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood.
C. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
D. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
E. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
F. The use shall not include any activity involving the use or storage of flammable, or explosive material unless protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material.
G. The use shall not include noise which is objectionable due to volume, frequency, or beat unless muffled or otherwise controlled.
H. The use shall not include vibration which is discernible without instruments on any adjoining lot or property.
I. The use shall not involve any malodorous gas or matter which is discernible on any adjoining lot or property.
J. The use shall not involve any pollution of the air by fly ash, dust, vapors, or other substance which is harmful to health, animals, vegetation or other property or which can cause soiling, discomfort, or irritation.
K. The use shall not involve any direct or reflected glare which is visible from any adjoining property or from any public street, road, or highway.
L. The use shall not involve any activity substantially increasing the movement of traffic on public streets unless procedures are instituted to limit traffic hazards and congestion.
M. The use shall not involve any activity substantially increasing the burden on any public utilities or facilities unless provisions are made for any necessary adjustment.
5. General Area Standards.
A. The principal uses or special uses hereunder permitted in a district shall be located not less than 500 feet from a residential district.
The buildings, structures, enclosures, or use of land other than growing of cultivated farm crops, shall be located not less than 100 feet from the nearest property line.
(1) Auction or sale barns for the sale of livestock, poultry, eggs, or other similar agricultural produce.
(2) Fox, mink, or other similar fur-bearing animal farms.
(3) Feeding or shelter for livestock or poultry, kept on the premises for commercial purposes.
(4) Dog kennels.
(5) Landfills, including sanitary landfills, or dry waste dumps.
The City Council may, from time to time, on its own initiative, on application, or on recommendation by the City Planning and Zoning Commission, after public notice and hearings provided by law, and after report by the City Planning and Zoning Commission or after thirty days written notice to said Commission, amend, supplement, or change the regulations or districts herein or subsequently established.
1. Application. Whenever the owners of fifty percent or more of the area of the lots in any district or part thereof desire any amendment, supplement, or change in any of the provisions of this Chapter applicable to this area, they may file an application with the City Clerk requesting the City Council to make such amendment, supplement, or change.
2. Application and Fee. Such application shall be accompanied by a map or diagram showing the area affected by the proposed amendment, supplement, or change, together with the boundaries of the said area and the names and addresses of all the owners of record in the office of the County Recorder of Carroll County, Iowa, of lots therein and within a distance of 200 feet outside of the boundaries in said area, said application should be accompanied by a fee of $100.00 payable to the general fund of Carroll, Iowa.
3. City Planning and Zoning Commission. Said application shall immediately be transmitted to the City Planning and Zoning Commission for an investigation and report and said Commission shall file its recommendations approving, disapproving, or modifying the proposed amendment, supplement, or change with the City Council within 47 days thereafter.
4. Protest. If a written protest against any proposed amendment, supplement, or change shall be presented to the City Council, signed by twenty percent or more of the owners, either of the area of the lots included in such proposed change or those immediately adjacent in the rear thereof, extending the depth of one lot or not to exceed 200 feet therefrom or of those directly opposite thereto, extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots, such amendments shall not become effective, except by the favorable vote of at least three-fourths of all the members of the City Council.
5. Limitation. Whenever an application requesting an amendment, supplement, or change of any regulation prescribed by this Chapter has been denied by the City Council, such application cannot be reviewed for one year thereafter unless it be signed by at least fifty percent of the property owners who previously objected to the change; this provision, however, shall not prevent the City Council from acting on its initiative in any case or at any time as provided in this ordinance.
6. Record. Administrative officer shall maintain a record of amendments to the text, the land use plans, and zoning maps in a form convenient for the use of the public and shall provide the City Clerk with a copy of each amendment to the text of this Ordinance and change to the land use plans and zoning maps and shall keep them as a part of the public record.
No building, structure or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved, reconstructed, extended, enlarged, or altered contrary to the provisions of this ordinance.
1. Administrative Officer. The City Manager or his authorized representative shall serve as the administrative officer. The administrative officer shall have authority to grant building permits or certificates of occupancy; to make inspections and to make all decisions necessary to a proper carrying out of the provisions of this chapter. No oversight or dereliction on the part of any official or employee of the City shall legalize, authorize or excuse the violation of any of the provisions of this chapter.
2. Enforcement and Interpretation. The administrative officer or his authorized representative shall have the power and the duty to enforce and interpret the provisions of this ordinance. Any appeal from a ruling of the administrative officer shall be made to the Board of Adjustment. It is the intent of this ordinance that all questions or interpretation and enforcement shall first be presented to the administrative officer.
Where this ordinance imposes a greater restriction upon the use of buildings or land or upon the height of buildings or requires larger lots or yards than are imposed or required by existing provisions of law or ordinance or by such rules or regulations, this ordinance shall control.
3. Form of Petitions, Application and Appeals. All petitions, applications, appeals provided in this ordinance shall be made on forms provided for the purpose or as otherwise prescribed by the Board of Adjustment in order to assure the fullest practical presentation of pertinent facts and to maintain a permanent record. All applications shall be accompanied by plans drawn to scale showing the actual shape and dimensions of a lot to be built upon, the exact size and location on the lot of the buildings and other structures existing and proposed buildings or structures, the existing and proposed and intended use of each building, structure, or land and such other pertinent descriptive information as is needed to determine their conformance with the provisions of this ordinance.
4. Violation and Penalties. Any person, firm, co-partnership, corporation, or other association of persons, whether acting directly or through employees or agents, that violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any provision of this chapter shall be deemed guilty of a municipal infraction and upon conviction thereof shall for each offense pay a sum not exceeding the maximum allowed by law. Each day that the violation continues shall be considered a separate offense.
(Ch. 170 – Ord. 1507 – Jan. 16 Supp.)
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