Chapter 18.130
ADMINISTRATION AND ENFORCEMENT
Sections:
18.130.020 Basis of regulations.
18.130.030 Board of Supervisors.
18.130.040 Board of Adjustment.
18.130.070 Use exception and other powers of the Board of Adjustment.
18.130.080 Planning and Zoning Commission.
18.130.090 Zoning Administrator.
18.130.100 Secretary of the Planning and Zoning Commission and the Board of Adjustment.
18.130.110 Amendments to this title.
18.130.120 Applications for rezoning and use exceptions.
18.130.010 Organization.
The administration of this title is vested in the following four offices of the government of Black Hawk County: County Board of Supervisors, Planning and Zoning Commission, Board of Adjustment, and the Zoning Administrator. [Ord. 36 § 24(A), 1995. Code 2009 App. A, § 24(A).]
18.130.020 Basis of regulations.
Regulations are made in accordance with the comprehensive plan and designed to preserve the availability of agricultural land; to consider the protection of soil from wind and water erosion; to encourage efficient urban development patterns; to lessen congestion in the street; to secure safety from fire, flood, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to promote the conservation of energy resources; to promote reasonable access to solar energy; and to facilitate the adequate provision of transportation, water sewerage, schools, parks, and other public requirements. [Ord. 36 § 24(B), 1995. Code 2009 App. A, § 24(B).]
18.130.030 Board of Supervisors.
A. Jurisdiction. The Board of Supervisors of Black Hawk County, Iowa, shall discharge the following duties under this title:
1. Appoint a Zoning Administrator whose responsibilities it will be to enforce the provisions of this title.
2. Appoint members of the Board of Adjustment as provided for in this title.
3. Appoint members to the Planning and Zoning Commission as provided for in this title.
4. Receive and decide upon all recommendations concerning amendments, supplements, and changes presented by the Planning and Zoning Commission.
5. Receive from the Planning and Zoning Commission all recommendations on the effectiveness of this title.
6. To decide all matters upon which it is required to pass under this title, or by statute or regulation. [Ord. 36 § 24(C), 1995. Code 2009 App. A, § 24(C).]
18.130.040 Board of Adjustment.
A. Creation. The Board of Adjustment, as established under applicable provisions of the Iowa state statutes, is the Board of Adjustment referred to in this title.
B. Appointment – Terms – Removal. The Board shall consist of five members to be appointed by the Board of Supervisors for a term of five years. A majority of the members of the Board of Adjustment shall be persons residing within the County but outside the corporate limits of any city. Members of the Board of Adjustment may be removed from office by the Board of Supervisors for cause upon written charges and after public hearing. Vacancies shall be filled by the Board of Supervisors for the unexpired term of the member affected.
C. Powers and Duties. The Board of Adjustment is hereby vested with the following powers and duties:
1. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this title.
2. To hear and pass on all applications for special exceptions, in the manner prescribed in this title, after receiving written recommendations from the Planning and Zoning Commission.
3. To hear and pass on all applications for variances from the terms provided in the title in the manner prescribed and subject to the standards herein.
4. To carry out those duties required by statute or regulation.
D. Meetings and Rules. The Board of Adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this chapter. Meetings shall be held at the call of the chairperson and at such other times as the Board may determine. The chairperson, or in his/her absence, the acting chairperson, may administer oaths and compel attendance of witnesses. All meetings shall be open to the public. Meetings requiring action will require that the Board hold at least one public hearing, notice of which shall be given by local newspaper not less than four nor more than 20 days before the date of the hearing. Landowners of record within 500 feet of the property in question shall receive a courtesy notice (not required by state code) by mail about the proposed action. Landowner of record shall be considered the person or entity listed as the “tax mail to” contact from the records of the County Assessor and shall not include any road as defined herein.
The Board of Adjustment 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 its examinations and other official actions, all of which shall be public record and be filed in the office of the Zoning Administrator.
The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to effect any variation in application of this title.
E. Finality of Decisions of the Board of Adjustment. All decisions and findings of the Board of Adjustment on appeals applications for a variance, or application for a special exception, after a hearing, shall, in all instances, be final administrative decisions and shall be subject to judicial review as by law may be provided. [Ord. 92, 2005; Ord. 36 § 24(D), 1995. Code 2009 App. A, § 24(D).]
18.130.050 Variances.
A. Purpose and Findings of Fact. The Board of Adjustment, after a public hearing, may determine and vary the regulations of this title in harmony with the general purpose and intent, only in the specific instances hereinafter set forth, where the Board of Adjustment makes written findings of fact in accordance with the standards hereinafter prescribed.
B. Application for Variance. An application for a variance shall be filed in writing with the Zoning Administrator. Said application shall contain such information as the Board of Adjustment may, by rules, require.
C. Standards for Variance. The Board of Adjustment shall not vary the regulations of this title, as authorized in this section, unless there is evidence presented to it in each specific case that:
1. The variance will not be contrary to the public interest, will be in harmony with the general purpose and intent of this title and substantial justice will be done; and
2. Where owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship.
Special conditions shall include, but not be limited to, a property owner who can show that his property was acquired in good faith and where by reason of exceptional narrowness, shallowness or shape of a specific piece of property or where by reason of exceptional topographical conditions or other extraordinary or exceptional situations, the strict application of the terms of this title actually prohibits the use of the property in a manner reasonably similar to that of other property in the district.
D. Further Requirements. The Board shall further find that:
1. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and
2. That the variance will not be injurious to the surrounding landowners, or otherwise detrimental to the public welfare.
In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this title. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this title and punishable under this title.
Under no circumstances shall the Board of Adjustment grant a variance to allow for a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in the district.
If a variance is sought to permit a structure within four feet or less of a property line, the request must be accompanied by a certified survey that shows the location of the proposed structure in relation to the property lines.
E. Variances granted involving any regulation of Chapter 18.60 BHCC, Use Regulation for “E-S” Environmentally Sensitive Overlay District, must meet the following applicable standards:
1. Variances shall not be issued within any designated floodway if any increase in flood levels during the 100-year flood would result. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.
2. In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this title, the applicant shall be notified in writing over the signature of the Administrator that: (a) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (b) such construction increases risks to life and property.
3. All variances granted shall have the concurrence or approval of the Iowa Department of Natural Resources (IDNR). [Ord. 112, 2011; Ord. 73, 2002; Ord. 36 § 24(E). Code 2009 App. A, § 24(E).]
18.130.060 Appeals.
Any person or persons, or any board, taxpayer, department, or bureau of the County, aggrieved by any decision of the Board of Adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the state. [Ord. 36 § 24(F), 1995. Code 2009 App. A, § 24(F).]
18.130.070 Use exception and other powers of the Board of Adjustment.
A. Use Exception.
1. Purpose. The development and administration of this title is based upon the division of the County into zoning districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular locations. Such use exceptions fall into two categories:
a. Uses publicly operated or traditionally affected with a public interest; and
b. Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
2. Initiation of Use Exceptions. Any person having a freehold interest in land, a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest of an exclusive possessory interest, either of which is specifically enforceable, may file an application to use such land for one or more of the special exceptions provided for in this title in the zoning district in which the land is located.
3. Application for Special Exception. An application for a special exception shall be filed with the Zoning Administrator on a form as the Zoning Administrator shall prescribe. The application shall be accompanied by such plans and/or date prescribed by the Board of Adjustment and shall include a statement indicating the section of this title under which the special exception is sought and stating the grounds on which it is requested.
4. Hearing on Application. Upon receipt in proper form of the application and statement referred to, the Board of Adjustment shall hold at least one public hearing on the proposed special exception. Notice of time and place of such hearing shall be published not less than four days nor more than 20 days in advance of the public hearing in a newspaper of general circulation in Black Hawk County. Before an appeal is filed with the Board of Adjustment, the appellant shall pay to the County the fees as specified in the schedule of fees on file at the office of the Zoning Administrator.
5. Authorization. For each application for a special exception, the Zoning Administrator shall prepare and file with the Board of Adjustment findings and recommendations, including the recommended stipulations of additional conditions and guarantees that are deemed necessary for the protection of the public interest.
6. Standards. No special exception shall be granted by the Board of Adjustment unless such Board shall find:
a. That the establishment, maintenance, or operation of the special exception will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
b. That the special exception will not be injurious to the use and enjoyment of other property already permitted, nor substantially diminish and impair property values within the neighborhood;
c. That the establishment of special exceptions 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; and
f. That the special exception shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Board of Adjustment.
7. Conditions and Guarantees. Prior to the granting of any special use, the Board of Adjustment shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special exception as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection (A)(6) of this section. In all cases in which special exceptions are granted, the Board of Adjustment shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being complied with.
8. Denial and Revocation of Special Exception.
a. Denial of Special Exception. No application for a special exception that has been denied wholly or in part by the Board of Adjustment shall be resubmitted for a period of one year from the date of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Board of Adjustment.
b. Revocation of a Special Exception. In any case where special exception has not been established within one year after the date of granting thereof, then without further action by the Board of Adjustment the use on review or authorization shall be null and void.
9. Other Powers of the Board of Adjustment. The Board of Adjustment is hereby vested with the following additional authority and jurisdiction:
a. Interpretation of District Map. Where the application of the rules for interpretation of district boundaries contained in this title leaves a reasonable doubt to the boundary between two zoning districts, the Board of Adjustment, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purposes of this title.
b. Temporary Uses and Permits. The Board of Adjustment may issue a permit for the temporary use of a building or premises in any district for a purpose or use that does not conform to the regulations prescribed by this title; provided, that such use be of a true temporary nature and does not involve the erection of substantial buildings. Such permit shall be granted in the form of a temporary and revocable permit for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience, and general welfare. [Ord. 36 § 24(G), 1995. Code 2009 App. A, § 24(G).]
18.130.080 Planning and Zoning Commission.
A. Creation. The Planning and Zoning Commission of Black Hawk County, as established under the applicable provisions of the Iowa state statutes, is the Planning and Zoning Commission referred to in this title.
B. Membership. The Planning and Zoning Commission shall consist of seven members, to be appointed by the Board of Supervisors for a term of five years. A majority of the members of the Planning and Zoning Commission shall be persons residing within the County but outside the corporate limits of any city. Vacancies shall be filled by the Board of Supervisors for only the unexpired term of the member affected. All members of the Commission shall serve without compensation except for actual expenses, which shall be subject to the approval of the Board of Supervisors.
Immediately following their appointment, the members of the Planning and Zoning Commission shall meet, organize, elect such officers as it may deem necessary, and adopt and later change or alter rules and regulations of organization and procedure consistent with County ordinances and state laws. The Commission shall keep written records of its proceedings which shall be open at all times to public inspection.
C. Powers and Duties. The Planning and Zoning Commission shall hold the following powers and discharge the following duties under this title:
1. Make such surveys, studies, maps, plans, or charts of the whole of the County, which in the opinion of the Commission bears relation to the comprehensive plan, and shall bring to the attention of the Board of Supervisors and may publish its studies and recommendations.
2. Review all plans, plats, or replats or subdivision or resubdivision of land embraced in the County, laid out in lots or plats with the streets, alleys, or other portions intended for public dedication to the County.
3. Make careful and comprehensive studies of present conditions and future growth of the County with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the County and its environment which will promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development.
4. Hold at least one public hearing before the adoption of any such comprehensive plan, notice of which shall be given by local newspaper not less than four nor more than 20 days before the date of the hearing. The adoption of the plan shall be by resolution of the Commission carried by the affirmative vote of a simple majority of the members.
5. Consider any proposed amendments or modifications of the adopted comprehensive plan. If the Planning and Zoning Commission disapproves the proposed change it may be adopted by the Board of Supervisors only by the affirmative vote of at least two-thirds of the Board of Supervisors members.
6. Recommend to the Board of Supervisors changes in the zoning regulations or districts.
7. File recommendations, within 30 days, in connection with any proposed changes in the zoning regulations or districts made by the Board of Supervisors.
8. Expend all sums of money appropriated and expend all gifts, donations or payments received by the County for County plan purposes.
9. Contract debts within the limits of income for the present year.
10. Review and provide recommendations on all variances involving floodway district regulations, prior to Board of Adjustment review. [Ord. 106, 2009; Ord. 92, 2005; Ord. 36 § 24(H), 1995. Code 2009 App. A, § 24(H).]
18.130.090 Zoning Administrator.
A. Designation of Zoning Administrator. The Zoning Administrator shall be designated by the Black Hawk County Board of Supervisors.
B. Powers and Duties of the Zoning Administrator. The Zoning Administrator shall enforce this title and in addition thereto, and in furtherance of said authority, shall:
1. Issue all zoning permits and collect applicable fees.
2. Process all applications for variances, special exceptions, and rezoning for referral to the Board of Adjustment and Planning and Zoning Commission.
3. Respond to complaints of alleged violations to this title.
4. Provide and maintain a public information service relative to all matters arising out of this title.
5. Provide proper forms to the public for the zoning process.
6. Review site plans for conformance with this title.
7. Carry out the administrative duties for both the Planning and Zoning Commission and the Board of Adjustment.
8. Shall act as the Secretary to the Planning and Zoning Commission and the Board of Adjustment.
9. Ensure that public notices of hearings are properly advertised in local newspapers, and that notice is provided to the parties of interest. [Ord. 36 § 24(I), 1995. Code 2009 App. A, § 24(I).]
18.130.100 Secretary of the Planning and Zoning Commission and the Board of Adjustment.
A. Jurisdiction. The Secretary of the Planning and Zoning Commission and the Secretary of the Board of Adjustment shall be the Zoning Administrator.
1. The Secretary of the Planning and Zoning Commission shall attend all meetings of the Commission, take full and accurate minutes of the proceedings, prepare all necessary reports and documents for and on behalf of the Commission, and perform such duties and functions as may be necessary for the orderly recording of the business of the Commission.
2. The Secretary of the Board of Adjustment shall attend all meetings of the Board, take full and necessary reports and documents for and on behalf of the Board, and perform such other duties and functions as may be necessary for the orderly recording of the business of the Board. [Ord. 36 § 24(J), 1995. Code 2009 App. A, § 24(J).]
18.130.110 Amendments to this title.
A. Procedure. The regulations, restrictions, zoning designation and boundaries may from time to time be amended, supplemented, changed, modified, or repealed, but no such amendments shall be made without public hearings first before the Planning and Zoning Commission and then the County Board of Supervisors. However, the regulation, restriction, zoning designation or boundary shall not become effective until after a public hearing at which parties in interest and citizens shall have an opportunity to be heard. The notice of the time and place of the hearing shall be published not less than four days nor more than 20 days in advance of the public hearing in a newspaper of general local circulation, but in no case shall the public hearing be held earlier than the next regularly scheduled Board of Supervisors meeting following the published notice. Landowners of record within 500 feet of the property in question shall receive a courtesy notice (not required by state code) by mail about the proposed action. Landowner of record shall be considered the person or entity listed as the “tax mail to” contact from the records of the County Assessor and shall not include any road as defined herein. Following the hearings, the County Board of Supervisors shall conduct the necessary readings regarding the ordinance amendment, as outlined in the Code of Iowa.
In case the Planning and Zoning Commission does not approve the change, or, in the case of a protest filed with the Board of Supervisors against such change signed by the owner of 20 percent or more, either of the area included in such proposed change, or the area within 500 feet of the boundary of such proposed change, such amendment shall not be passed except by the favorable vote of two-thirds of all members of the Board of Supervisors. 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 Board of Supervisors, then no new petition covering the same property or the same property and additional property or any part thereof of the same property shall be filed with or considered by the Board of Supervisors until six months shall have elapsed from the date of the first petition. This shall become effective 60 days after adoption by the Board of Supervisors.
As part of an ordinance changing land from one zoning district to another zoning district or an ordinance approving a site development plan, the Board of Supervisors may impose conditions on a property owner which are in addition to existing regulations if the additional conditions have been agreed to in writing by the property owner before the public hearing required under this section or any adjournment of that hearing. The conditions must be reasonable and imposed to satisfy public needs which are directly caused by the requested change in zoning district. [Ord. 92, 2005; Ord. 42, 1998; Ord. 36 § 24(K), 1995. Code 2009 App. A, § 24(K).]
18.130.120 Applications for rezoning and use exceptions.
Applications shall contain the following items:
A. The legal description and local address, if available, of the property to be rezoned.
B. The present zoning classification and the zoning classification requested for the property.
C. The existing use and proposed use of the property.
D. The names and addresses of the property owners within 500 feet of the property in question.
E. A statement of the reasons why the applicant feels the present zoning classification should be changed.
F. A statement indicating how the proposed change relates to the County policy statements.
G. A plat showing the locations, dimensions, and use of the applicant’s property and all property within 500 feet thereof, including streets, alleys, railroads, and other physical features.
H. Assurances that all applicable fees are paid.
I. Publication of the legal description of the property or properties zoned or rezoned shall constitute an official amendment to the official zoning maps; and, as such, said maps or portions of said maps need not be published.
J. The signature of the property owner. [Ord. 36 § 24(L), 1995. Code 2009 App. A, § 24(L).]