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ENFORCEMENT AND OTHER PROVISIONS
No plat or subdivision in the City or within the described extraterritorial jurisdiction or as per a subdivision 28E agreement with the County thereof shall be recorded or filed with the County Auditor or County Recorder, nor shall any plat or subdivision have any validity until it complies with the provision of this chapter and has been acted upon by the Council as prescribed herein. In addition to other remedies or penalties prescribed by the law, the provisions of this chapter shall be enforced as follows:
1. No person who is the owner, subdivider, or representative working on behalf of the owner of real estate located within the jurisdiction of this chapter shall divide a tract of land into two or more parcels or lots without the preparation of the appropriate plat and submission of said plat in accordance with the provisions of this chapter.
2. Any person who shall dispose of or offer for sale, or lease any lot or lots within the area of jurisdiction of this chapter, until the plat shall have been approved, acknowledged and recorded, as provided by this chapter, or waived as per the 28E agreement, and Chapter 354 of the Code of Iowa, shall incur a civil infraction charge for each lot or part thereof sold, disposed of, leased, or offered for sale.
3. The owner, subdivider, or other person representing or working on behalf of the owner whose actions do not comply with any provision of this chapter shall incur the charge of a civil infraction and be subject to the penalties as detailed in this Code of Ordinances. Nothing contained herein shall in any way limit the City’s right to any other remedies available to the City for the enforcement of this chapter.
4. No public improvements over which the Council has control shall be made with City funds, nor shall any City funds be expended for street maintenance, street improvements or other services in any area that has been subdivided after the initial adoption of Ordinance 170 (February 6, 1967) unless such subdivision has been approved in accordance with the provisions of this chapter and the required improvements accepted by the City as detailed in this chapter.
5. No building permit shall be issued for construction on any lot, parcel, or tract where a subdivision is required by this chapter, unless and until the plat for such subdivision complies with the provisions of this chapter and the required improvements accepted by the City as detailed in this chapter.
Nothing contained herein shall serve to abrogate, limit, repeal, or otherwise modify any other ordinances or regulations except as expressly set forth herein. If any provision of this regulation conflicts with any other provision of this chapter or with any other regulations or ordinances, the most restrictive shall apply.
Where the strict application of standards or requirements established by this chapter would cause substantial hardship on a particular proposed subdivision, a petition to grant exceptions from such standards may be recommended by the Commission and granted by the Council.
1. Hardship and Special Conditions. Consideration will be given to a request for relief from the strict enforcement of the standards of this chapter where application would result in extraordinary hardship to the owner or subdivider. The request and action shall make a finding of fact after consideration of all of the following conditions and evidence:
A. Special circumstances affecting said property such that the strict application of the regulations would deprive the owner of the reasonable use of the land.
B. The exception is necessary for the preservation and enjoyment of a substantial property right of the owner.
C. The condition was not created by an action or actions of the owner or subdivider.
D. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, with the application of the regulations.
E. The conditions upon which the request is based are unique to the property involved and are not applicable, generally, to other property.
F. The granting of the exception will not be detrimental to the public safety, health, or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
G. The granting of the exception will not have the effect of nullifying the intent and purpose of this chapter. In no case shall any exception or modification be more than a minimum easing of the requirements as needed to eliminate the hardship.
2. Special Application and Consideration. An application for any such exception shall be made in writing by the subdivider at the time when the Preliminary or Minor Plat is filled for consideration. The application shall clearly and fully state all the facts relied upon by the subdivider and shall be supplemented with maps, plans and other additional data, which may aid the Commission and Council in the review of the request. During consideration of the application, the Commission and Council shall consider the nature of the proposed and existing land use, the above detailed conditions and the required compliance with any zoning ordinance section. The Commission shall provide a recommendation to the Council and detail any conditions. The Council in granting exceptions may require such conditions as necessary, in its judgment, to secure substantially the objectives of the standards or requirements of this chapter. A three-fourths majority vote of the Council is required for granting exceptions.
A procedure shall be presented to allow the proprietors of lots within an official plat a method to vacate any portion of the same official plat. The procedure extends to the City, which wishes to vacate part of an official plat, which had been conveyed to the City or dedicated for public use, having found the land to be of no further benefit to the public. The procedure is presented to comply with Sections 354.22 and 354.23 of the Code of Iowa.
1. Application, Review, Recommendations and Action. The proprietors of lots within an official plat who wish to vacate any portion of the official plat shall file an application for vacation with the Council, provided the Council would have jurisdiction to approve the plat at the time the application is filed. The Council shall also submit an application for vacation of any part of an official plat, previously conveyed to the City or dedicated to the public and which has been deemed to be of no further benefit to the public. The Zoning Administrator shall receive the application and appropriate submissions. The Zoning Administrator shall forward copies of the application and submissions to the Planning and Zoning Commission for consideration at their next regular monthly meeting. A public hearing date for the Council consideration of the application shall also be set by the Zoning Administrator.
A. Meeting and public hearing notices shall be published and notifications made:
(1) The Planning and Zoning Commission meeting notice shall be of general publication and posting at City Hall. For the private property vacation application meeting, a written notice of the meeting and purpose shall be sent to all proprietors and mortgagees within the official plat that are within 300 feet of the area to be vacated. If a portion of the official plat adjoins a river or state-owned lake, the Iowa Department of Natural Resources shall be notified of the proposed meeting. For a City area vacation application meeting, a written notice of the meeting and purpose shall be sent to the adjoining property owners. The Commission shall make a recommendation to the Council.
(2) The Council public hearing notice shall be served in the manner as provided in Iowa rules of civil procedure.
a. Additional notification for vacation of private property shall be provided. An official notice shall be served upon the proprietors and mortgagees within the official plat that are within 300 feet of the area to be vacated. If a portion of the official plat adjoins a river or State-owned lake, the Iowa Department of Natural Resources shall be served written notice of the proposed vacation. Notice of the proposed vacation shall be published twice, with 14 days between publications, stating the date, time, and place of the hearing.
b. Published notice of the hearing for the vacation of City areas and other public lands shall be as that prescribed in the Iowa Rules of Civil Procedure. In addition, a written notice shall be served upon the property owners adjoining the area.
A. The Council shall approve the vacation by resolution or by ordinance and provide an instrument for the conveyance of those vacated areas.
2. Recording. Validation of the vacation of the official plat or portion of the official plat is enacted upon the recording of all of the following documents:
A. An instrument signed, executed, and acknowledged by the City, all the proprietors, and mortgagees within the area of the official plat to be vacated, declaring the plat to be vacated.
(1) Private property vacation instrument shall state the existing lot description for each proprietor along with an accurate description of the involved land area after the lots are vacated.
(2) The City may convey the vacated property by deed or may convey the property to adjoining proprietors through the vacation instrument. The use of the vacating document shall include a list of the adjoining proprietors to whom the vacated property is being conveyed along with the corresponding description of each parcel being conveyed. The recorded vacating document when so prepared is equivalent to a deed of conveyance and the instrument shall be filed and indexed as a conveyance by the recorder and auditor.
B. A resolution by the City approving the vacation and providing for the conveyance of all areas in the vacation including those which were previously set aside or dedicated for public use.
C. A certificate of the auditor that the vacated part of the plat can be adequately described for assessment and taxation purposes without reference to the vacated lots.
3. Selected Public Highways. The vacation of private property on any part of an official plat shall not close or obstruct any public highway.
4. Restrictions Continue. The vacation of a portion of an official plat shall not remove or otherwise affect a recorded restrictive covenant, protective covenant, building restriction, or use restriction. Recorded restrictions on the use of property within an official plat shall be modified or revoked by recording a consent to the modification or removal, signed and acknowledged by the City, proprietors, and mortgagees within the plat.
This Chapter may be amended by the City Council after due consideration. Such amendments, as may be proposed, shall first be submitted to the Zoning Administrator for review and to the Planning and Zoning Commission for study and recommendation. Any City resident, group, or organization may propose an amendment by providing the wording or language in written form and a statement of the need and justification. The Commission shall meet within 30 days of receipt of the information and conduct a public hearing after the required publication of notice. After review, the Commission shall provide a recommendation to adopt, adopt with text modifications, or deny the adoption of the proposed amendment. The Commission’s written recommendation shall be forwarded to the Council and the Council shall give notice of and hold a public hearing on the proposed amendment. After the hearing, review of the Commission’s report, and consideration, the Council shall then act upon the request. The Council shall adopt, adopt with text modifications, or deny the adoption of the proposed amendment. The approved amendment shall be in full force and effect after the final passage and publication as required by law.
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