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Whenever a violation of these zoning regulations occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrative official, who shall record properly such complaint, immediately investigate, and take action thereon as provided by these zoning regulations.
1. All departments, officials, and employees of the City who are vested with the duty or authority to issue permits or licenses shall issue no such permit or license for any use, structure, or purpose if the same would not conform to the provisions of these zoning regulations.
2. Violation of the provisions of these zoning regulations, or failure to comply with any of its requirements, shall constitute a simple misdemeanor. Any person who violates these zoning regulations or fails to comply with any of its requirements shall, upon conviction thereof, be subject to penalty as provided in this Code of Ordinances; and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
3. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
4. Nothing herein contained shall prevent the City from taking such other lawful action as necessary to prevent or remedy any violation.
1. A Board of Adjustment is hereby established, which shall consist of five members. The term of office of the members of the Board shall be five years, with all terms to expire on January 31 of the appropriate year. The terms of not more than one-third of the members will expire in any one year.
2. If any vacancy exists on the Board, a successor for the remainder of the term shall be appointed in the same manner as the original appointee. The position of any Board member shall be vacant if the member resigns, moves permanently from the City, or if said member is absent without due explanation from six consecutive regular meetings of the Board, except in the case of sickness, or is removed for cause by the Mayor with the approval of the Council.
The City Planning and Zoning Commission, hereinafter referred to as the Commission, consists of seven members appointed by the Mayor with the approval of the Council. The Commission members shall be residents of the City and shall not hold any elective office in the City government.
(Code of Iowa, Sec. 392.1)
1. Term of Office. The term of office of the members of the Commission shall be five years, expiring on January 31 of the appropriate year. The terms of not more than one-third of the members will expire in any one year.
(Code of Iowa, Sec. 392.1)
2. Vacancies. If any vacancy exists on the Commission, a successor for the remainder of the term shall be appointed in the same manner as the original appointee. The position of any Commission member shall be vacant if the member resigns, moves permanently from the City, or if said member is absent without due explanation from six consecutive regular meetings of the Commission, except in the case of sickness, or is removed for cause by the Mayor with the approval of the Council.
(Code of Iowa, Sec. 392.1)
3. Quorum and Voting. A quorum shall consist of four members. All action by the Commission shall require a majority vote of the whole number of members.
4. Compensation. All members of the Commission shall serve without compensation, except their actual expenses, which shall be subject to the approval of the Council.
(Code of Iowa, Sec. 392.1)
5. Attendance. The Administrative Official or designee shall attend all regular and special meetings of the Commission and shall record and preserve a correct record of the proceedings of such meetings.
6. Powers and Duties. The Commission shall have and exercise the following powers and duties:
A. Selection of Officers. The Commission shall choose annually at its first regular meeting after January 31st one of its members to act as Chairperson and another as Vice Chairperson, who shall perform all the duties of the Chairperson during the Chairperson’s absence or disability.
(Code of Iowa, Sec. 392.1)
B. Adopt Rules and Regulations. The Commission shall adopt such rules and regulations governing its organization and procedure as it may deem necessary.
(Code of Iowa, Sec. 392.1)
C. Zoning. The Commission shall have and exercise all the powers and duties and privileges in establishing the City zoning regulations and other related matters and may from time to time recommend to the Council amendments, supplements, changes or modifications, all as provided by Chapter 414 of the Code of Iowa.
(Code of Iowa, Sec. 414.6)
D. Recommendations on Improvements. The design and proposed location of public improvements shall be submitted to the Commission for its recommendations prior to any actions being taken by the City for the construction or placement of such improvements. Such requirements and recommendations shall not act as a stay upon action for any such improvement if the Commission, after 30 days’ written notice requesting such recommendations, has failed to file the same.
E. Review and Comment on Plats. All plans, plats, or re-plats of subdivision or re-subdivisions of land embraced in the City or adjacent thereto, laid out in lots or plats with the streets, alleys, or other portions of the same intended to be dedicated to the public in the City, shall first be submitted to the Commission and its recommendations obtained before approval by the Council.
(Code of Iowa, Sec. 392.1)
F. Fiscal Responsibilities. The Commission shall have full, complete, and exclusive authority to expend, for and on behalf of the City, all sums of money appropriated to it and to use and expend all gifts, donations, or payments that are received by the City for City planning and zoning purposes.
(Code of Iowa, Sec. 392.1)
G. Limitation on Entering Contracts. The Commission shall have no power to contract debts beyond the amount of its original or amended appropriation as approved by the Council for the present year.
(Code of Iowa, Sec. 392.1)
(Code of Iowa, Sec. 392.1)
Appeals to the Board may be taken by any person aggrieved, or by any official, department, board or bureau of the City affected by any decision of the administrative official. Such appeal shall be taken within 10 days by filing with the administrative official and with the Board a notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official certifies to the Board, after notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in the official’s opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application and notice to the administrative official, and on due cause shown. Fees for appeal shall be as established by resolution of the City Council.
1. Notice To Surrounding Property Owners. After the administrative official has set the Board of Adjustment meeting date, surrounding property owners within 310 feet, shall be notified along with the appellant. Notice shall be sent not less than seven days and not more than 20 days before the Board of Adjustment meeting. The notice shall follow the format established by the administrative official and be sent by first class mail. Notice shall contain the date, time, location and subject of the Board of Adjustment meeting.
2. Posting of Notice. The administrative official shall cause to be posted at least one notification sign at least seven days and not more than 20 days prior to the Board of Adjustment meeting. At least one sign must be placed so that it may be seen from a public street, and in cases of through lots and/or corner lots, a sign may be posted at both frontages.
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