CHAPTER 9
ZONING ADVISORY COMMISSION APPLICATIONS AND PROCEDURES
ZONING ADVISORY COMMISSION APPLICATIONS AND PROCEDURES
SECTION:
16-9-1: Zoning Advisory Commission
16-9-2: General Powers
16-9-3: Organization, Meetings
16-9-4: Procedures Of Operation
16-9-5: Zoning Reclassification
16-9-5-1: Application Requirements
16-9-5-2: Zoning Advisory Commission Action
16-9-5-3: City Council Action
16-9-6: Text Amendment Procedure
16-9-6-1: Text Amendment
16-9-6-2: Application Requirements
16-9-6-3: Zoning Advisory Commission Action
16-9-6-4: City Council Action
16-9-7: Public Hearings
16-9-8: Notice Of Zoning Advisory Commission Hearings
A. Commission Created: There is hereby created the zoning advisory commission.
B. Purpose: The purpose of the commission is to make recommendations to the city council on applications for rezoning, subdivision plat approval, and text amendments to the zoning ordinance; to receive input from applicants, neighboring property owners, citizens, and city staff; to review applications in terms of their impact on the neighborhood, community, environment, and the city's utilities and transportation systems; and to forward to the city council the commission's recommendations with the assistance of planning services staff.
C. Internal Organization And Rules: The commission may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its operations.
E. Membership:
1. Number Of Commissioners: The commission comprises seven (7) residents of the city, appointed by the city council.
2. Qualifications:
a. Members must be qualified by knowledge, experience, and ability to act in matters pertaining to short range planning and zoning, none of whom hold an elective position in the city.
b. Two (2) members of the zoning advisory commission must be selected by the city council to serve on the airport zoning advisory commission.
F. Oath: Each person, upon appointment to the commission, must execute an oath of office at the first meeting of the commission or at the city clerk's office any time prior to the first meeting of the commission.
G. Terms: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. The terms of the cross representative appointees to the airport zoning advisory commission must coincide with their terms on the Airport Zoning Advisory Commission.
H. Vacancies: Vacancies must be filled in the same manner as original appointments.
I. Officers/Organization: The Commissioners must choose annually a Chairperson and Vice Chairperson, each to serve a term of one year. The Chairperson must appoint a Secretary, who need not be a member of the commission. The Commissioners must fill a vacancy among its officers for the remainder of the officer's unexpired term. (Ord. 43-15, 7-6-2015)
J. Meetings:
1. Meetings: Meetings may be called by the Chairperson or at the written request of a majority of the Commissioners.
2. Open Meetings: All meetings must be called and held in conformance with the Iowa Open Meetings Law.
3. Attendance:
a. In the event a Commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the Chairperson, such absence will be grounds for the commission to recommend to the City Council that the position be declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
4. Minutes: A copy of the minutes of all regular and special meetings of the commission must be filed with the City Council within ten (10) working days after approval by the commission, or by the next regularly scheduled City Council meeting, whichever is later.
5. Quorum: Four (4) Commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the Commissioners present and voting is necessary for the adoption of any motion or resolution.
K. Compensation: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official commission business within the limits established in the City administrative policies budget.
L. Removal: The City Council may remove any Commissioner for cause upon written charges and after a public hearing.
M. Powers: The commission has the following powers, duties, and responsibilities:
1. To prepare and recommend a zoning ordinance to exercise the powers conferred by State law. Such zoning ordinance must include the boundaries of the various zoning districts; the height, number of stories, and size of buildings and other structures in each district; the percentage of ground that may be occupied; setback requirements; the size of yards, courts, and other open space; the density of population; the location and use of buildings, structures, and land for trade, industry, commercial, residential, or other purposes; and such regulations and restrictions necessary to enforce such zoning provisions. To this end the commission must prepare a preliminary zoning ordinance and hold public hearings thereon and after such hearings have been held, and submit a final zoning ordinance and its recommendations to the City Council;
2. To recommend to the City Council, from time to time, as conditions require, amendments, supplements, changes, or modifications to the zoning ordinance but only after a public hearing;
3. To make such surveys, studies, maps, plans, or plats of the whole or any portion of the City and of any land outside thereof, which in the opinion of the commission are consistent with the comprehensive plan and are necessary to carry out the purposes of the commission;
4. To make recommendations to the City Council upon plans, plats, or replats of subdivisions or resubdivisions within the City which show streets, alleys, or other portions of the same intended to be dedicated for public use;
5. To make recommendations to the Long Range Planning Advisory Commission on the preparation and maintenance of the comprehensive plan;
6. To fulfill those duties and responsibilities assigned to a City Planning Commission in State law; and
7. To undertake from time to time other specific short range planning projects which may be referred to it by the City Council.
N. Waiver From Site Design Standards: The commission has the power to grant such waivers from the site design standards of this Code, as may be reasonable and within the general purpose and intent of the site plan review and approval provisions of this Code if the literal enforcement of one or more provisions of this Code is impracticable or will exact an undue hardship because of peculiar conditions pertaining to the land in question. The affirmative vote of at least four (4) Commissioners shall be necessary to grant a waiver. The waiver may be granted subject to such conditions as the commission may establish to ensure the general purpose and intent of the provisions of this Code are followed. At the commission meeting, the applicant and all other interested parties must be presented a reasonable opportunity to present their views. Decisions of the commission may be appealed to the Zoning Board of Adjustment in the same manner as appeals from a decision of an Administrative Officer. (Ord. 43-15, 7-6-2015; amd. Ord. 48-16, 9-19-2016; Ord. 2-19, 1-22-2019; Ord. 40-24, 6-17-2024)
A. The Zoning Advisory Commission shall concern itself with short range physical planning and shall have and possess the following powers, duties and responsibilities:
1. To prepare and recommend a zoning ordinance by exercising the powers conferred by State law. Such zoning ordinance shall include the boundaries of the various zoning districts; the height, number of stories and size of buildings and other structures in each district; the percentage of ground that may be occupied; setback requirements; the size of yards, courts and other open space; the density of population; the location and use of buildings, structures, and land for trade, industry, commercial, residential or other purposes; and such regulations and restrictions necessary to enforce such zoning provisions. To this end the Zoning Advisory Commission shall prepare a preliminary zoning ordinance and hold public hearings thereon and after such hearings have been held, shall submit a final zoning ordinance and its recommendations to the City Council.
2. To recommend to the City Council, from time to time, as conditions require, amendments, supplements, changes or modifications to the zoning ordinance but only after a public hearing.
3. To make such surveys, studies, maps, plans or plats of the whole or any portion of the City and of any land outside thereof, which in the opinion of the Zoning Advisory Commission are consistent with the comprehensive plan and are necessary to carry out the purposes of the commission.
4. To make recommendations to the City Council upon plans, plats or replats of subdivisions or resubdivisions within the City which show streets, alleys or other portions of the same intended to be dedicated for public use.
5. To make recommendations to the Long Range Planning Advisory Commission on the preparation and maintenance of the comprehensive plan.
6. To fulfill those duties and responsibilities assigned to a City Planning Commission in State law.
7. To undertake from time to time other specific short range planning projects which may be referred to it by the City Council.
B. The City Council shall have the authority to establish or revise the priorities of the commission. (Ord. 52-09, 10-19-2009)
A. The Zoning Advisory Commission shall choose annually, at its first regular meeting of the fiscal year, one of its members to act as Chairperson, and another of its members to act as Vice Chairperson, to perform all of the duties of the Chairperson during the Chairperson's absence or disability. The commission shall adopt such rules and regulations governing its operation and procedure as may be deemed necessary.
B. Meetings of the Zoning Advisory Commission shall be held the first Wednesday of the month or at the call of the Chairperson and at such other times as the commission may determine.
C. Members of the Zoning Advisory Commission shall attend at least two-thirds (2/3) of all regularly scheduled meetings within any twelve (12) month period. If any member fails to attend such prescribed number of meetings, such failure shall constitute grounds for the commission to recommend to the City Council that said member be replaced. Attendance of all members shall be entered on the minutes.
D. All meetings shall be held in conformance with the provisions of the Iowa Open Meetings Law.
E. The Zoning Advisory Commission shall file with the City Clerk a copy of the minutes of each regular and special meeting of the commission within ten (10) working days after each such meeting. (Ord. 52-09, 10-19-2009)
A. The City Council finds that the reclassification of property is a sensitive and important legislative function which, in the interest of maintaining uniform zoning policies and the integrity of the comprehensive plan, should only be exercised sparingly and under proper conditions. For this reason, and because the original zoning district boundaries under this title are presumed to be correct and appropriate, it shall hereafter be the policy of the City to reclassify property only where a clear showing has been made that the original classification was a mistake or that circumstances and conditions affecting the property in question have so materially changed so as to demand reclassification in the public interest.
B. The reclassification procedures outlined herein should not be confused with, or used in place of, the amendment process or the variance process. Thus, the Council intends that reclassification of property should not be entertained where: 1) an alleged hardship peculiar to the property is claimed, which is more properly the subject of a variance request; or 2) it is alleged that the provisions themselves as applied to similar properties are unreasonable, which is more properly the subject of a text amendment proposal. In all cases, the burden shall be upon the person(s) seeking reclassification to demonstrate that the requested reclassification is more appropriate than the present classification, in light of the characteristics of the property and the public welfare.
C. Furthermore, it is contemplated under this title that the Long Range Planning Advisory Commission is, in the first instance, the body responsible for the formulation and continuing review of the comprehensive plan, as expressed herein, and this commission shall be charged with the duty of periodically reviewing the policies and provisions of this title in light of its purposes and changing conditions, and proposing on its own initiative such district reclassifications or Code amendments as may be deemed appropriate to secure the public welfare. (Ord. 52-09, 10-19-2009)
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