Ordinance No. 432 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ADEL, BY AMENDING CHAPTER 165, ZONING CODE, FOR THE PURPOSE OF AMENDING THE TIMELINE FOR PUBLISHED NOTICE RELATED TO ZONING MATTERS AND TO ADD A PRACTICAL DIFFICULTIES VARIANCE

Ordinance No. 432 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ADEL, BY AMENDING CHAPTER 165, ZONING CODE, FOR THE PURPOSE OF AMENDING THE TIMELINE FOR PUBLISHED NOTICE RELATED TO ZONING MATTERS AND TO ADD A PRACTICAL DIFFICULTIES VARIANCE STANDARD NOW, THEREFORE, be it Ordained by the City Council of the City of Adel, Iowa, that: SECTION 1. Section 165.17(1) of the zoning code is hereby repealed and replaced as follows: 1. Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning/Building Administrator in the enforcement of this chapter. Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board or bureau of the City of Adel affected by any decision of the administrative officer. Such appeal shall be taken within 60 days by filing with the Zoning/Building Administrator, and with the Board a notice of appeal specifying the grounds thereof. The Zoning/Building Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed is taken. The Board shall fix a reasonable time for the hearing of the appeal, and give not less than four or more than 20 days' public notice in a paper of local circulation. At said hearing, any party may appear in person, by agent or by attorney. An appeal stays all proceedings in furtherance of the action appealed, unless the Zoning/Building Administrator from whom the appeal is taken certifies to the Board of Adjustment, after the Notice of Appeal is filed with the Administrator, that by reason of facts stated in the certificate, a stay would, in the Administrator's opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Zoning/Building Administrator from whom the appeal is taken and on due cause shown. SECTION 2. Section 165.17(2)(B) of the zoning code is hereby repealed and replaced as follows: B. The Board shall fix a reasonable time for the hearing of the special exception, and give not less than four or more than 20 days' public notice in a paper of local circulation. At said hearing, any party may appear in person, by agent or by attorney. SECTION 3. Section 165.17(3) of the zoning code is hereby repealed and replaced as follows: 3. Variance, Conditions Governing Application; Procedures. A. The Board of Adjustment may authorize upon appeal in specific cases not involving area, dimension, or other numerical limitations such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. B. The Board of Adjustment may authorize upon appeal in specific cases such variance from the terms of this chapter with respect to the area, dimension, or other numerical limitations as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this chapter would result in practical difficulties to the property owner in making a beneficial use of the property allowed by the zoning ordinance. C. A variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until: (1) For variances not involving area, dimension, or other numerical limitations, a written application for a variance is submitted demonstrating: (a) That special conditions and circumstances exist which are peculiar to land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; (b) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter; (c) That the special conditions and circumstances do not result from the actions of the applicant; (d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district. (2) For variances involving area, dimension, or other numerical limitations, a written application for a variance is submitted demonstrating: (a) That the practical difficulties faced are unique to the property at issue and not self-created by the applicant; (b) That granting the variance requested will not significantly alter the essential character of the surrounding neighborhood. D. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of land, structures, or buildings in other districts may be considered grounds for the issuance of a variance. E. The Board shall fix a reasonable time for the hearing of the variance, and give not less than four or more than 20 days' public notice in a paper of local circulation. At said hearing, any party may appear in person, by agent or by attorney. F. The public hearing shall be held. Any party may appear in person, by agent or by attorney. G. The Board of Adjustment shall make findings that requirements of this section have been met by the applicant for a variance. H. The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of land, building, or structure. I. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. J. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation 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 chapter and punishable under this chapter. K. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved or any use expressly or by implication prohibited by the terms of this chapter in said district. SECTION 4. Section 165.19 of the zoning code is hereby repealed and replaced as follows: 165.19 AMENDMENTS TO ZONING CODE. The regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified, or repealed, provided that at least four days' notice of the time and place of such hearing shall be published in a paper of general circulation in the City. In no case shall the notice be published more than 20 days prior to the hearing. Notwithstanding Section 414.2 of the Code of Iowa, as a part of an ordinance changing land from one zoning district to another zoning district or an ordinance approving a site development plan, a Council 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 the hearing. The conditions must be reasonable and imposed to satisfy public needs which are directly caused by the requested change. In the case, however, of a written protest against a change or repeal which is filed with the City Clerk and signed by the owners of 20 percent or more of the area of the lots included in the proposed change or repeal, or by the owners of 20 percent or more of the property which is located within 200 feet of the exterior boundaries of the property for which the change or repeal is proposed, the change or repeal shall not become effective except by the favorable vote of at least three-fourths of all the members of the Council. The protest, if filed, must be filed before or at the public hearing. Proposed amendments not recommended by the Planning and Zoning Commission shall become effective only upon a favorable vote of three-fourths of the members of the City Council. All zoning amendment application forms shall be approved by resolution of the City Council. SECTION 5. Section 165.53(2) of the zoning code is hereby repealed and replaced as follows: 2. Amendments. The regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified, or repealed, provided that at least four days' notice of the time and place of such hearing shall be published in a paper of general circulation in the City. In no case shall the notice be published more than 20 days prior to the hearing. Notwithstanding Section 414.2, as a part of an ordinance changing land from one zoning district to another zoning district or an ordinance approving a site development plan, the Council 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 the hearing. The conditions must be reasonable and imposed to satisfy public needs which are directly caused by the requested change. In the case, however, of a written protest against a change or repeal which is filed with the City Clerk and signed by the owners of twenty percent or more of the area of the lots included in the proposed change or repeal, or by the owners of twenty percent or more of the property that is located within two hundred feet of the exterior boundaries of the property for which the change or repeal is proposed, the change or repeal shall not become effective except by the favorable vote of at least three-fourths of all the members of the Council. The protest, if filed, must be filed before or at the public hearing. Proposed amendments not recommended by the Planning and Zoning Commission shall become effective only upon a favorable vote of three-fourths of the members of the City Council. All zoning amendment application forms shall be approved by resolution of the Council. SECTION 6. Effective Date. This ordinance shall be in full force and effect from and after the date of passage and publication as required by law. SECTION 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance be held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion hereof. SECTION 8. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. First Reading Passed: November 10, 2025 Second Reading Passed: November 10, 2025 - waived Third Reading Passed: November 10, 2025 – waived Passed and adopted this 10th day of November, 2025. James F. Peters, Mayor ATTEST: Carrie Erickson Carrie Erickson, City Clerk November 20 2025 LIOW0408808