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HomeMy WebLinkAboutBy-LawsPrepared by: Susan Dulek, First Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 Resolution No. 24-254 Resolution adopting the procedural rules of the Board of Adjustment and rescinding Resolution No. 24-38. Whereas, the Board of Adjustment approved amending its procedural rules (i.e., bylaws) to set forth the nomination and election process of a member who is not present at the meeting; and Whereas, the procedural rules provide that they are not effective until approved by the City Council; and Whereas, the Council Rules Committee has reviewed the proposed amendment to the procedural rules and has recommended adoption; and Whereas, the current procedural rules were approved in Resolution No. 24-38. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The attached Procedural Rules of the Board of Adjustment are approved and adopted by the City Council. 2. Resolution No. 24-38 is rescinded. Passed and approved this 15th day of October, 2024. �^ 1 �-- J or Attest: i [� City Clerk Approved By: City Attorneyi� ice (Sue Dulek - 10/08/2024) It was moved by Dunn and seconded by adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter _ x Bergus x Dunn x Harmsen x _ Moe x Salih x Teague Moe the Resolution be PROCEDURAL RULES Iowa City Board of Adjustment ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration," Article A, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE II. MEMBERSHIP: Section 1: Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be residents of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Section 2: Compensation. Members shall serve without compensation but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3: Orientation for New Members. Prior to the first regular meeting following their appointment, each new member shall be given an orientation briefing by City staff and be provided with the Board's procedural rules and other information that may be useful to Board members in carrying out their duties. The City Zoning Code and the Comprehensive Plan are available online. Section 4: Absences. Three (3) consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges after a public hearing. Section 5: Vacancies. Any vacancy on the Board because of death, resignation, long- term illness, disqualification, or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days of public notice of the vacancy. Section 6: Terms. Members shall be appointed for terms of five (5) years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one (1) year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7: Resignations. Resignation should be submitted in writing to the Board Secretary, who will transmit the resignation to the City Council with copies to the City Manager, the Director of Neighborhood and Development Services, and the Board Chairperson, preferably at least sixty (60) days prior to the date of intended departure. Section 8: Temporary Alternate. An alternate member, if available, shall be appointed as provided herein, to replace a member who is unable to participate in an appeal of an administrative decision due to a conflict of interest. Any person who has served as a member of the Board within the five (5) years preceding the filing of the appeal, and who represents the public at large and is not involved in the business of purchasing or selling real estate, shall be qualified to serve as an alternate. When a member has recused himself/herself due to a conflict and the date of hearing before the Board has been set, the Secretary of the Board shall notify all such persons and the first to agree to serve as the alternate is hereby appointed to do so. ARTICLE III. OFFICERS: Section 1: Number. The officers of the Board shall be a Chairperson and a Vice - Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Neighborhood and Development Services. Section 2: Nomination, Election and Term of Office. The Chairperson and Vice - Chairperson shall be elected annually at the first regular meeting of the Board each year, except as provided herein. The Secretary must promptly notify a member elected to an office if the member was not present at the meeting. The member must notify the Secretary whether the nomination is accepted or declined, and if declined, election for that office will be placed on the agenda for the next meeting. Section 3: Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson because of death, resignation, removal, disqualification, or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4: Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings, and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5: Vice -Chairperson. When the Chairperson is absent, abstaining, or recusing, the Vice- Chairperson shall perform the duties of the Chairperson and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6: Acting Chairperson. In the absence and/or due to the abstention or recusal of both the Chairperson and Vice -Chairperson, the remaining three (3) Board members may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7: Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maintaining minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1: Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Neighborhood and Development Services. Forms are available in the Office of the City Clerk and on the City's website. In the appropriate cases, the Building Official shall transmit to the Secretary all documents constituting a record, upon which the Board shall act. Section 2: Application Submittal. Appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed thirty (30) calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision by the Building Official to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than fifteen (15) calendar days after construction work pursuant to such permit is observable from adjacent properties or the public right-of-way or fifteen (15) calendar days after an alleged violation of the zoning code is similarly observable. Applicants may appeal an approval or a denial of a Certificate of Appropriateness from the Historic Preservation Commission within a conservation district by filing a letter with the City Clerk within fifteen (15) calendar days after a Resolution of Denial is filed by the Commission. Section 3: Application Filing Fee. The applicant shall complete the required forms, provide all information requested on the form, and provide any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. Application fees are established by resolution of the City Council. Section 4: Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5: Case Number. An application filed according to the above procedure shall be given a case number within seven (7) calendar days of the filing date. Case numbers will be assigned according to the order in which applications are received. ARTICLE V. NOTICE: Section 1: Notice Letters. No less than ten (10) calendar days prior to the public hearing, the Secretary of the Board shall send notice by mail to all property owners of record and to all non -duplicative individual occupants (when available on the City Assessor's website), within 500 feet of the subject property. Such notice shall include a description of the action requested along with the time and location of the meeting. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2: Newspaper Notice. Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty (20) calendar day nor less than ten (10) calendar days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the application or appeal. Section 3: Notice Sign. No less than ten (10) calendar days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. ARTICLE VI. HEARING: Section 1: Regular Hearings. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2: Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three (3) or more members of the Board. Section 3: Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to people with disabilities. Section 4: Quorum. Three (3) members of the Board shall constitute a quorum. Section 5: Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and be represented by agent and/or counsel. The applicant or their representative may present oral argument and testimony; witnesses, including experts; and may submit written evidence and exhibits in the form of statements, photos, charts, or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6: Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7: Conduct of Hearing. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony that is overly redundant. The Chair may provide for recesses during the deliberation, as appropriate. Any Board member who has a legal conflict of interest shall recuse him/ herself from the decision -making process. A member who has a legal conflict of interest or otherwise elects to recuse him/herself due to a perceived conflict of interest shall state the reason for recusal prior to discussion of the matter under consideration and may choose to leave the meeting room for the duration of the proceedings for that application. Section 8: Hearing Order for Special Exceptions and Variances. The order of hearing for special exception or variance requests shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion by the Board. The Board may request additional comments from the participants. 4 Section 9: Hearing Order for Appeals. The order of hearing for appeals of an administrative decision shall be as follows: 1. Brief introduction by the Secretary of the Board setting forth the administrative decision on appeal and appellant's grounds for the appeal. 2. Appellant presentation on the rationale for the appeal. 3. Staff presentation on the rationale for the administrative decision being appealed. 4. Statement by proponents of the appeal. 5. Statement by opponents of the appeal. 6. Rebuttal by proponents and then by opponents. 7. General discussion by the Board. The Board may request additional comments from the participants. Section 10: Board Deliberation. After all parties have been heard, the public hearing will be declared closed so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law. These facts and legal conclusions must be set forth in writing as required by Iowa law. An application may be deferred or withdrawn at the request of the applicant at any time before a decision is made by the Board. Section 11: Board Motions. Motions may be made and seconded by any member of the Board. Motions are always made in the affirmative, approving the requested action. Section 12: Board Voting. After a motion and discussion, the Board shall be polled for votes. A board member may abstain from voting, which is a non -vote. The concurring vote of three (3) members of the Board shall be required to uphold an appeal, to decide in favor of a special exception, or to grant a variance. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Proxy votes are not allowed. Section 13: Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 14: Conduct of Meetings. Except as otherwise provided herein, Robert's Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1: Record of Hearings. Audio recordings shall be made for all hearings and such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be produced from such recordings and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board and shall also be on file at the City Clerk's Office. The applicant may request a court reporter at the applicant's own expense. Section 2: Case Files. The Secretary of the Board shall keep a file of all cases, including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. 5 Section 3: Transcript. Upon request, a transcript or the audio recording of the Board's deliberation will be made, at cost to the requester. In the case of an appeal to district court there is no charge for the transcript. ARTICLE Vill. DECISIONS: Section 1: Timing. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are considered. Section 2: Format. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law as required by Iowa law. Section 3: Filing. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's Office for recording at the City's expense. Section 4: Contact. A copy of said decision shall. be forwarded by the Secretary of the Board to the applicant, the Building Official, the City Attorney's Office, and any Attorney of Record within a reasonable time after filing with the City Clerk. Section 5: Reconsideration. Upon written request, the Board may reconsider a decision on a special exception or variance application. A request for reconsideration must be made within fifteen (15) calendar days of the meeting at which a vote on the application was originally taken and shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing. A motion to reconsider must be made at the subsequent meeting by a member of the Board who voted on the prevailing side. If a motion to reconsider is approved, the application will be placed on the agenda of the next meeting in order to satisfy the requirement for public notice and hearing. No decision may be reconsidered more than once. Appeals to the Board may not be reconsidered. ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES. Section 1: Amendment. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. (Adopted Reso. No. 24- 254 ) Prepared by: Susan Dulek, First Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 Resolution No. 24-38 Resolution adopting the procedural rules of the Board of Adjustment and rescinding Resolution No. 21-275. Whereas, the Board of Adjustment approved amending its procedural rules (i.e., bylaws) to base notice requirements on the number of calendar days rather than business days and to modify the order of proceedings in appeals; and Whereas, the procedural rules provide that they are not effective until approved by the City Council; and Whereas, the Council Rules Committee has reviewed the proposed amendment to the procedural rules and has recommended adoption; and Whereas, the current procedural rules were approved in Resolution No. 21-275. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The attached Procedural Rules of the Board of Adjustment are approved and adopted by the City Council. 2. Resolution No. 21-275 is rescinded. Passed and approved this 20th day of February, 2024. .ems.. Ma o Attest: C� City Clerk Approved By: ` City Attorne s Office - 02/15/2024 It was moved by and seconded by the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X _ _ Alter x— Bergus x Dunn Harmsen _x Moe x 5alih x Teague PROCEDURAL RULES Iowa City Board of Adjustment ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration," Article A, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE II. MEMBERSHIP: Section 1: Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be residents of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Section 2: Compensation. Members shall serve without compensation but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3: Orientation for New Members. Prior to the first regular meeting following their appointment, each new member shall be given an orientation briefing by City staff and be provided with the Board's procedural rules and other information that may be useful to Board members in carrying out their duties. The City Zoning Code and the Comprehensive Plan are available online. Section 4: Absences. Three (3) consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges after a public hearing. Section 5: Vacancies. Any vacancy on the Board because of death, resignation, long- term illness, disqualification, or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days of public notice of the vacancy. Section 6: Terms. Members shall be appointed for terms of five (5) years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one (1) year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7: Resignations. Resignation should be submitted in writing to the Board Secretary, who will transmit the resignation to the City Council with copies to the City Manager, the Director of Neighborhood and Development Services, and the Board Chairperson, preferably at least sixty (60) days prior to the date of intended departure. 1 Section 8: Temporary Alternate. An alternate member, if available, shall be appointed as provided herein, to replace a member who is unable to participate in an appeal of an administrative decision due to a conflict of interest. Any person who has served as a member of the Board within the five (5) years preceding the filing of the appeal, and who represents the public at large and is not involved in the business of purchasing or selling real estate, shall be qualified to serve as an alternate. When a member has recused himself/herself due to a conflict and the date of hearing before the Board has been set, the Secretary of the Board shall notify all such persons and the first to agree to serve as the alternate is hereby appointed to do so. ARTICLE Ill. OFFICERS: Section 1: Number. The officers of the Board shall be a Chairperson and a Vice - Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Neighborhood and Development Services. Section 2: Election and Term of Office. The Chairperson and Vice -Chairperson shall be elected annually at the first regular meeting of the Board each year. Section 3: Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson because of death, resignation, removal, disqualification, or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4: Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings, and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5: Vice -Chairperson. When the Chairperson is absent, abstaining, or recusing, the Vice- Chairperson shall perform the duties of the Chairperson and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6: Acting Chairperson. In the absence and/or due to the abstention or recusal of both the Chairperson and Vice -Chairperson, the remaining three (3) Board members may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7: Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maintaining minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1: Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Neighborhood and Development Services. Forms are available in the Office of the City Clerk and on the City's website. In the appropriate cases, the Building Official shall transmit to the Secretary all documents constituting a record, upon which the Board shall act. Section 2: Application Submittal. Appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed thirty (30) calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision by the Building Official to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than fifteen (15) calendar days after construction work pursuant to such permit is observable from adjacent properties or the public right-of-way or fifteen (15) calendar days after an alleged violation of the zoning code is similarly observable. Applicants may appeal an approval or a denial of a Certificate of Appropriateness from the Historic Preservation Commission within a conservation district by filing a letter with the City Clerk within fifteen (15) calendar days after a Resolution of Denial is filed by the Commission. Section 3: Application Filing Fee. The applicant shall complete the required forms, provide all information requested on the form, and provide any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. Application fees are established by resolution of the City Council. Section 4: Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5: Case Number. An application filed according to the above procedure shall be given a case number within seven (7) calendar days of the filing date. Case numbers will be assigned according to the order in which applications are received. ARTICLE V. NOTICE: Section 1: Notice Letters. No less than ten (10) calendar days prior to the public hearing, the Secretary of the Board shall send notice by mail to all property owners of record and to all non -duplicative individual occupants (when available on the City Assessor's website), within 500 feet of the subject property. Such notice shall include a description of the action requested along with the time and location of the meeting. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2: Newspaper Notice. Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty (20) calendar day nor less than ten (10) calendar days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the application or appeal. Section 3: Notice Sign. No less than ten (10) calendar days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. 3 ARTICLE VI. HEARING: Section 1: Regular Hearings. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2: Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three (3) or more members of the Board. Section 3: Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to people with disabilities. Section 4: Quorum. Three (3) members of the Board shall constitute a quorum. Section 5: Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and be represented by agent and/or counsel. The applicant or their representative may present oral argument and testimony; witnesses, including experts; and may submit written evidence and exhibits in the form of statements, photos, charts, or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6: Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7: Conduct of Hearing. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony that is overly redundant. The Chair may provide for recesses during the deliberation, as appropriate. Any Board member who has a legal conflict of interest shall recuse him/ herself from the decision -making process. A member who has a legal conflict of interest or otherwise elects to recuse him/herself due to a perceived conflict of interest shall state the reason for recusal prior to discussion of the matter under consideration and may choose to leave the meeting room for the duration of the proceedings for that application. Section 8: Hearing Order for Special Exceptions and Variances. The order of hearing for special exception or variance requests shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the board_ 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion by the Board. The Board may request additional comments from the participants. Section 9: Hearing Order for Appeals. The order of hearing for appeals of an administrative decision shall be as follows: 1. Brief introduction by the Secretary of the Board setting forth the administrative decision on appeal and appellant's grounds for the appeal. 2. Appellant presentation on the rationale for the appeal. 4 3. Staff presentation on the rationale for the administrative decision being appealed. 4. Statement by proponents of the appeal. 5. Statement by opponents of the appeal. 6. Rebuttal by proponents and then by opponents. 7. General discussion by the Board. The Board may request additional comments from the participants. Section 10: Board Deliberation. After all parties have been heard, the public hearing will be declared closed so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law. These facts and legal conclusions must be set forth in writing as required by Iowa law. An application may be deferred or withdrawn at the request of the applicant at any time before a decision is made by the Board. Section 11: Board Motions. Motions may be made and seconded by any member of the Board. Motions are always made in the affirmative, approving the requested action. Section 12: Board Voting. After a motion and discussion, the Board shall be polled for votes. A board member may abstain from voting, which is a non -vote. The concurring vote of three (3) members of the Board shall be required to uphold an appeal, to decide in favor of a special exception, or to grant a variance. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Proxy votes are not allowed. Section 13: Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 14: Conduct of Meetings. Except as otherwise provided herein, Robert's Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1: Record of Hearings. Audio recordings shall be made for all hearings and such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be produced from such recordings and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board and shall also be on file at the City Clerk's Office. The applicant may request a court reporter at the applicant's own expense. Section 2: Case Files. The Secretary of the Board shall keep a file of all cases, including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. Section 3: Transcript. Upon request, a transcript or the audio recording of the Board's deliberation will be made, at cost to the requester. In the case of an appeal to district court there is no charge for the transcript. ARTICLE VIII. DECISIONS: Section 1: Timing. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are considered. Section 2: Format. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law as required by Iowa law. Section 3: Filing. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's Office for recording at the City's expense. Section 4: Contact. A copy of said decision shall. be forwarded by the Secretary of the Board to the applicant, the Building Official, the City Attorney's Office, and any Attorney of Record within a reasonable time after filing with the City Clerk. Section 5: Reconsideration. Upon written request, the Board may reconsider a decision on a special exception or variance application. A request for reconsideration must be made within fifteen (15) calendar days of the meeting at which a vote on the application was originally taken and shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing. A motion to reconsider must be made at the subsequent meeting by a member of the Board who voted on the prevailing side. If a motion to reconsider is approved, the application will be placed on the agenda of the next meeting in order to satisfy the requirement for public notice and hearing. No decision may be reconsidered more than once. Appeals to the Board may not be reconsidered. ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES. Section 1: Amendment. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. (Adopted Reso. No. 24-3g ) Prepared by: Susan Dulek, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO, 21-275 Resolution adopting the procedural rules of the Board of Adjustment and rescinding Resolution No. 18-195. Whereas, the Board of Adjustment approved amending its procedural rules (i.e., bylaws) to expand the public notification requirements and to allow the chair to move or second a motion; and Whereas, the procedural rules provide that they are not effective until approved by the City Council; and Whereas, the Council Rules Committee has reviewed the proposed amendment to the procedural rules and has recommended adoption; and Whereas, the current procedural rules were approved in Resolution No. 18-195. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The attached Procedural Rules of the Board of Adjustment are approved and adopted by the City Council. 2. Resolution No. 18-195 is rescinded. Passed and approved this 16th _ day of Attest:8L City Cle k November , 2021. Mayor Pr�Tem Approved By: City Attorne s ice (Sue Dulek — 11/05/21) Resolution No. Page 9 21-275 It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bergus x Mims x Salih x Taylor x Teague x Thomas _ x Weiner PROCEDURAL RULES Iowa City Board of Adjustment November 2021 ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration," Article A, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE II. MEMBERSHIP: Section 1. Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be residents of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, each new member shall be shall be given an orientation briefing by City staff and be provided with the Board's procedural rules and other information that may be useful to Board members in carrying out their duties. The City Zoning Chapter and the Comprehensive Plan are available on line. Section 4. Absences. Three consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges after a public hearing. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long- term illness, disqualification, or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days of public notice of the vacancy as required by law. Section 6. Terms. Members shall be appointed for terms of five years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7. Resignations. Resignation should be submitted in writing to the Board Secretary, who will transmit the resignation to the City Council with copies to the City Manager, the Director of Neighborhood and Development Services, and the Board Chairperson, preferably at least sixty (60) days prior to the date of intended departure. Section 8. Temporary Alternate. An alternate member, if available, shall be appointed as provided herein, to replace a member who is unable to participate in an appeal of an administrative decision due to a conflict of interest. Any person who has served as a member of the Board within the 5 years preceding the filing of the appeal, and who represents the public at large and is not involved in the business of purchasing or selling real estate, shall be qualified to serve as an alternate. When the member has recused himself/herself due to a conflict and the date of hearing before the Board has been set, the Secretary of the Board shall notify all such persons and the first to agree to serve as the alternate is hereby appointed to do so. ARTICLE III. OFFICERS: Section 1. Number. The officers of the Board shall be a Chairperson and a Vice - Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Planning and Community Development. Section 2. Election and Term of Office. The Chairperson and Vice -Chairperson shall be elected annually at the first regular meeting of the Board each year. Section 3. Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson because of death, resignation, removal, disqualification, or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings, and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5. Vice -Chairperson. When the Chairperson is absent or abstaining, the Vice - Chairperson shall perform the duties of the Chairperson and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Acting Chairperson. In the absence and/or due to the abstention of both the Chairperson and Vice -Chairperson, the remaining three -member Board may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7. Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maintaining minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1. Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Neighborhood and Development Services. Forms are available in the office of the City Clerk and on the City's website. In the appropriate cases, the Building Inspector shall transmit to the Secretary all documents constituting a record, upon which the Board shall act. Section 2. Application Submittal. Appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed thirty (30) calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision by the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) business days after construction work pursuant to such permit is observable from adjacent properties of the public right-of-way or ten (10) business days after an alleged violation of the zoning code is similarly observable. Applicants may appeal an approval or a denial of a Certificate of Appropriateness from the Historic Preservation Commission within a conservation district by filing a letter with the City Clerk within ten (10) business days after a Resolution of Denial is filed by the Commission. Section 3. Application Filing Fee. The applicant shall complete the required forms, providing all information requested on the form, and any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. Application fees are established by resolution of the City Council. Section 4. Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5. Case Number. An application filed according to the above procedure shall be given a case number within five (5) business days of the filing date. Case numbers will be assigned according to the order in which applications are received. ARTICLE V. NOTICE: Section 1. Notice Letters. No less than seven (7) business days prior to the public hearing, the Secretary of the Board shall send notice by mail to all property owners of record and to all non -duplicative individual occupants (when available on the City Assessor's website), within 500 feet of the subject property. Such notice shall include a description of the action requested along with the time and location of the meeting. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2. Newspaper Notice. Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty (20) calendar day nor less than seven (7) business days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the application or appeal. Section 3. Notice Sign. No less than seven (7) business days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made, and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. ARTICLE VI. HEARING: Section 1. Regular Hearings. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2. Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three (3) or more members of the Board. Section 3. Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to people with disabilities. Section 4. Quorum. Three members of the Board shall constitute a quorum. Section 5. Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and be represented by agent and/or counsel. The applicant or their representative may present oral argument and testimony; witnesses, including experts; and may submit written evidence and exhibits in the form of statements, photos, charts, or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6. Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7. Conduct of Hearing. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony that is overly redundant. The Chair may provide for recesses during the deliberation, as appropriate. Any Board member who has a legal conflict of interest shall recuse him/ herself from the decision -making process. A member who has a legal conflict of interest or otherwise elects to recuse him/herself due to a perceived conflict of interest shall state the reason for recusal prior to discussion of the matter under consideration and may choose to leave the meeting room for the duration of the proceedings for that application. Section 8. Hearing Order. The order of hearing shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion by the Board. Section 9. Board Deliberation. After all parties have been heard, the public hearing will be declared closed so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law. These facts and legal conclusions must be set forth in writing as required by Iowa Law. The Board may request additional comments from the participants. An application may be deferred or withdrawn at the request of the applicant at any time before a decision is made by the Board. Section 10. Board Motions. Motions may be made and seconded by any member of the Board. Motions are always made in the affirmative, approving the requested action. Section 11. Board Voting. After a motion and discussion, the Board shall be polled for votes. A board member may abstain from voting, which is a non -vote. The concurring vote of three (3) members of the Board shall be required to uphold an appeal, to decide in favor of a special exception, or to grant a variance. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Proxy votes are not allowed. Section 12. Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 13. Conduct of Meetings. Except as otherwise provided herein, Roberts Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1. Record of Hearings. Audio recordings shall be made for all hearings and such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be produced from such recordings, and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board, and shall also be on file at the City Clerk's office. The applicant may request a court reporter at the applicant's own expense. Section 2. Case Files. The Secretary of the Board shall keep a file of all cases, including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. Section 3. Transcript. Upon request, a transcript or the audio recording of the Board's deliberation will be made, at cost to the requestor. In the case of an appeal to district court there is no charge for the transcript. ARTICLE Vill. DECISIONS: Section 1. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are considered. Section 2. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law as required by Iowa law. Section 3. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's Office, for recording at the city's expense. Section 4. A copy of said decision shall be forwarded by the Secretary of the Board to the applicant, the Building Inspector, the City Attorney's Office, and any Attorney of Record within a reasonable time after filing with the City Clerk. Section 5. Reconsideration: Upon written request, the Board may reconsider a decision on a special exception or variance application. A request for reconsideration must be made within ten (10) business days of the meeting at which a vote on the application was originally taken and shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing. A motion to reconsider must be made at the subsequent meeting by a member of the Board who voted on the prevailing side. If a motion to reconsider is approved, the application will be placed on the agenda of the next meeting in order to satisfy the requirement for public notice and hearing. No decision may be reconsidered more than once. Appeals to the Board may not be reconsidered. ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES. Section 1. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. (Adopted Reso. No. 21-275) Prepared by: Susan Dulek, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 18-195 Resolution adopting the procedural rules of the Board of Adjustment and rescinding Resolution No. 17-95. Whereas, in Ordinance No. 18-4749 (codified at Section 14-7A-2E), City Council amended the Board of Adjustment code provision to provide for an alternate member should a member recuse him/herself for a conflict of interest in an appeal from an administrative decision; Whereas, the procedural rules (aka, the by-laws) of the Board of Adjustment need to be changed to reflect Ordinance No. 18-4749; and Whereas, the current procedural rules were approved in Resolution No. 17-95. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The attached Procedural Rules of the Board of Adjustment are approved and adopted by the City Council. 2. Resolution No. 17-95 is rescinded. Passed and approved this 3rd day of Jul Mifyor Attest: 114,11-1-e City Clerk Approved By: 2018. City Attorney's Office Resolution No. 18-195 Page 2 It was moved by Mims and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton PROCEDURAL RULES Iowa City Board of Adjustment Af4�01-7 July 2018 ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa;. City Code Title 14, Chapter 7, entitled "Administration," Article A, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE II. MEMBERSHIP: Section 1. Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be residents of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, each new member shall be shall be given an orientation briefing by City staff and be provided with the Board's procedural rules and other information that may be useful to Board members in carrying out their duties. The City Zoning Chapter and the Comprehensive Plan are available on line. Section 4. Absences. Three consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges after a public hearing. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long- term illness, disqualification, or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days of public notice of the vacancy as required by law. Section 6. Terms. Members shall be appointed for terms of five years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7. Resignations. Resignation should be submitted in writing to the Board Secretary, who will transmit the resignation to the City Council with copies to the City Manager, the Director of Neighborhood and Development Services, and the Board Chairperson, preferably at least sixty (60) days prior to the date of intended departure. Section S. Temporary Alternate. An alternate member if available. shall be appointed as Provided herein to replace a member who is unable to particiPate in an appeal of an administrative decision due to a conflict of interest Anv person who has served as a member of the Board within the 5 years. preceding the filing of the appeal, and who represents the public at large and is not involved in the business of purchasing or selling real estate shall be quaffied to serve as an alternate. When the member has recused himself/herself due to a conflict and the date of hearing before the Board has been set. the Secretary of the Board shall notify all such persons and the first to agree to serve as the alternate is hereby appointed to do so. ARTICLE III.OFFICERS: Section 1. Number. The officers of the Board shall be a Chairperson and a Vice - Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Planning and Community Development. Section 2. Election and Term of Office. The Chairperson and Vice -Chairperson shall be elected annually at the first regular meeting of the Board each year. Section 3. Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson because of death, resignation, removal, disqualification, or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings, and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5. Vice -Chairperson. When the Chairperson is absent or abstaining, the Vice - Chairperson shall perform the duties of the Chairperson and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Acting Chairperson. In the absence and/or due to the abstention of both the Chairperson and Vice -Chairperson, the remaining three -member Board may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7. Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maintaining minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1. Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Neighborhood and Development Services. Forms are available in the office of the City Clerk and on the City's website. In the appropriate cases, the Building Inspector shall transmit to the Secretary all documents constituting a record, upon which the Board shall act. Section 2. Application Submittal. Appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed thirty (30) calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision by the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) business days after construction work pursuant to such permit is observable from adjacent properties of the public right-of-way or ten (10) business days after an alleged violation of the zoning code is similarly observable. Applicants may appeal an approval or a denial of a Certificate of Appropriateness from the Historic Preservation Commission within a conservation district by filing a letter with the City Clerk within ten (10) business days after a Resolution of Denial is filed by the Commission. Section 3. Application Filing Fee. The applicant shall complete the required forms, providing all information requested on the form, and any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. Application fees are established by resolution of the City Council. Section 4. Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5. Case Number. An application filed according to the above procedure shall be given a case number within five (5) business days of the filing date. Case numbers will be assigned according to the order in which applications are received. ARTICLE V. NOTICE: Section 1. Notice Letters. No less than seven (7) business days prior to the public hearing, the Secretary of the Board shall send notice by mail to all property owners of record within 300 feet of the subject property. Such notice shall include a description of the action requested along with the time and location of the meeting. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2. Newspaper Notice. Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty (20) calendar day nor less than seven (7) business days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the application or appeal. Section 3. Notice Sign. No less than seven (7) business days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made, and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. ARTICLE VI. HEARING: Section 1. Regular Hearings. Hearings will ibe held as needed at a regular time and place to be set by the members of the Board. Section 2. Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three (3) or more members of the Board. Section 3. Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to people with disabilities: Section 4. Quorum. Three members of the Board shall constitute a quorum. Section 5. Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and be represented by agent and/or counsel. The applicant or their representative may present oral argument and testimony; witnesses, including experts; and may submit written evidence and exhibits in the form of statements, photos, charts, or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6. Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7. Conduct of Hearing. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony that is overly redundant. The Chair may provide for recesses during the deliberation, as appropriate. Any Board member who has a legal conflict of interest shall recuse him/ herself from the decision -making process. A member who has a legal conflict of interest or otherwise elects to recuse him/herself due to a perceived conflict of interest shall state the reason for recusal prior to discussion of the matter under consideration and may choose to leave the meeting room for the duration of the proceedings for that application. Section 8. Hearing Order. The order of hearing shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion by the Board. Section 9. Board Deliberation. After all parties have been heard, the public hearing will be declared closed so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law. These facts and legal conclusions must be set forth in writing as required by Iowa Law. The Board may request additional comments from the participants. An application may be deferred or withdrawn at the request of the applicant at any time before a decision is made by the Board. Section 10. Board Motions. Motions may be made and seconded by any member of the Board other than the Chair. Motions are always made in the affirmative, approving the requested action. Section 11. Board Voting. After a motion and discussion, the Board shall be polled for votes. A board member may abstain from voting, which is a non -vote. The concurring vote of three (3) members of the Board shall be required to uphold an appeal, to decide in favor of a special exception, or to grant a variance. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Proxy votes are not allowed. Section 12. Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 13. Conduct of Meetings. Except as otherwise provided herein, Roberts Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1. Record of Hearings. Audio recordings shall be made for all hearings and such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be produced from such recordings, and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board, and shall also be on file at the City Clerk's office. The applicant may request a court reporter at the applicant's own expense. Section 2. Case Files. The Secretary of the Board shall keep a file of all cases, including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. Section 3. Transcript. Upon request, a transcript or the audio recording of the Board's deliberation will be made, at cost to the requestor. In the case of an appeal to district court there is no charge for the transcript. ARTICLE Vill. DECISIONS: Section 1. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are considered. Section 2. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law as required by Iowa law. Section 3. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's Office, for recording at the city's expense. Section 4. A copy of said decision shall be forwarded by the Secretary of the Board to the applicant, the Building Inspector, the City Attorney's Office, and any Attorney of Record within a reasonable time after filing with the City Clerk. Section 5. Reconsideration: Upon written request, the Board may reconsider a decision on a special exception or variance application. A request for reconsideration must be made within ten (10) business days of the meeting at which a vote on the application was originally taken and shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing. A motion to reconsider must be made at the subsequent meeting by a member of the Board who voted on the prevailing side. If a motion to reconsider is approved, the application will be placed on the agenda of the next meeting in order to satisfy the requirement for public notice and hearing. No decision may be reconsidered more than once. Appeals to the Board may not be reconsidered. ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES. Section 1. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. Chris Olney From: Kellie Fruehling Sent: Thursday, April 05, 2018 1:43 PM To: Sarah Walz; Michael Tharp; Tracy Hightshoe; Stefanie Bowers; Juli Seydell Johnson; Ty Coleman Cc: Chris Olney Subject: Brd/Comm terms Just an FYI of some cleaning up we're doing on the Board/Commission terms. Several of the commissions have a start and end date that are the same, after talking to Eleanor we got the go ahead to adjust the ending dates by one day. So if your commission terms end January 1, they will be changed to December 31: Board of Adjustment Human Rights And July 1, will be changed to June 30: Airport Commission HCDC P&R Telecommunications Let me know if you have any questions. Thank you Kellie Fruehling City Clerk City of Iowa City 410 E Washington St Iowa City, IA 52240 (319) 356-5041 Prepared by: Sarah Walz, Development Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 17-95 RESOLUTION ADOPTING THE PROCEDURAL RULES OF BOARD OF ADJUSTMENT AND RESCINDING RESOLUTION NO. 13-43. WHEREAS, the City of Iowa City has re -organized its building and planning divisions under a new name —Neighborhood and Development Services; and WHEREAS, to conserve paper the Department of Neighborhood and Development Services no longer provides board members with paper copies of the Comprehensive Plan or the Zoning Code, but refers them to the on-line versions of these documents; and WHEREAS, in reviewing its procedural rules (aka, by-laws) adopted in Resolution No. 13-32, the Board or Adjustment (BOA) deemed it appropriate to clarify the guidelines for when a board member should or may abstain or recuse him/herself from voting on an application; and WHEREAS, on December 16, 2015, the BOA discussed these and other minor changes to the procedural rules and voted unanimously in favor of amending said rules on December 16, 2015; and WHEREAS, the Rules Committee approved of the attached amended Procedural Rules; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached Board of Adjustment Procedural Rules are approved. 2. Resolution No. 1-43 is rescinded. Passed and approved this 41h day of April, 2017. MAYO ATTEST: CITY CLERK City Attorney's Office Resolution No. Page 2 17-95 It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole ON Dickens x Mims x Taylor x Thomas x Throgmorton Approved 4/4/17, Res 17-95 PROCEDURAL RULES Iowa City Board of Adjustment April 2017 ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration, Article A, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE II. MEMBERSHIP: Section 1. Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be residents of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, each new member shall be shall be given an orientation briefing by City staff and be provided with the Board's procedural rules and other information that may be useful to Board members in carrying out their duties. The City Zoning Chapter and the Comprehensive Plan are available on line. Section 4. Absences. Three consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges after a public hearing. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long- term illness, disqualification, or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days of public notice of the vacancy as required by law. Section 6. Terms. Members shall be appointed for terms of five years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7. Resignations. Resignation should be submitted in writing to the Board Secretary, who will transmit the resignation to the City Council with copies to the City Manager, the Director of Neighborhood and Development Services, and the Board Chairperson, preferably at least sixty (60) days prior to the date of intended departure. ARTICLE III. OFFICERS: Section 1. Number. The officers of the Board shall be a Chairperson and a Vice - Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Planning and Community Development. Section 2. Election and Term of Office. The Chairperson and Vice -Chairperson shall be elected annually at the first regular meeting of the Board each year. Section 3. Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson because of death, resignation, removal, disqualification, or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings, and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5. Vice -Chairperson. When the Chairperson is absent or abstaining, the Vice - Chairperson shall perform the duties of the Chairperson and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Acting Chairperson. In the absence and/or due to the abstention of both the Chairperson and Vice -Chairperson, the remaining three -member Board may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7. Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maintaining minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1. Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Neighborhood and Development Services. Forms are available in the office of the City Clerk and on the City's website. In the appropriate cases, the Building Inspector shall transmit to the Secretary all documents constituting a record, upon which the Board shall act. Section 2. Application Submittal. Appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed thirty (30) calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision by the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) business days after construction work pursuant to such permit is observable from adjacent properties of the public right-of-way or ten (10) business days after an alleged violation of the zoning code is similarly observable. Applicants may appeal an approval or a denial of a Certificate of Appropriateness from the Historic Preservation Commission within a conservation district by filing a letter with the City Clerk within ten (10) business days after a Resolution of Denial is filed by the Commission. Section 3. Application Filing Fee. The applicant shall complete the required forms, providing all information requested on the form, and any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. Application fees are established by resolution of the City Council. Section 4. Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5. Case Number. An application filed according to the above procedure shall be given a case number within five (5) business days of the filing date. Case numbers will be assigned according to the order in which applications are received. ARTICLE V. NOTICE: Section 1. Notice Letters. No less than seven (7) business days prior to the public hearing, the Secretary of the Board shall send notice by mail to all property owners of record within 300 feet of the subject property. Such notice shall include a description of the action requested along with the time and location of the meeting. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2. Newspaper Notice. Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty (20) calendar day nor less than seven (7) business days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the application or appeal. Section 3. Notice Sign. No less than seven (7) business days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made, and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. ARTICLE VI. HEARING: Section 1. Regular Hearings. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2. Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three (3) or more members of the Board. Section 3. Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to people with disabilities. Section 4. Quorum. Three members of the Board shall constitute a quorum. Section 5. Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and be represented by agent and/or counsel. The applicant or their representative may present oral argument and testimony; witnesses, including experts; and may submit written evidence and exhibits in the form of statements, photos, charts, or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6. Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7. Conduct of Hearing. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony that is overly redundant. The Chair may provide for recesses during the deliberation, as appropriate. Any Board member who has a legal conflict of interest shall recuse him/ herself from the decision -making process. A member who has a legal conflict of interest or otherwise elects to recuse him/herself due to a perceived conflict of interest shall state the reason for recusal prior to discussion of the matter under consideration and may choose to leave the meeting room for the duration of the proceedings for that application. Section 8. Hearing Order. The order of hearing shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion by the Board. Section 9. Board Deliberation. After all parties have been heard, the public hearing will be declared closed so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law. These facts and legal conclusions must be set forth in writing as required by Iowa Law. The Board may request additional comments from the participants. An application may be deferred or withdrawn at the request of the applicant at any time before a decision is made by the Board. Section 10. Board Motions. Motions may be made and seconded by any member of the Board other than the Chair. Motions are always made in the affirmative, approving the requested action. Section 11. Board Voting. After a motion and discussion, the Board shall be polled for votes. A board member may abstain from voting, which is a non -vote. The concurring vote of three (3) members of the Board shall be required to uphold an appeal, to decide in favor of a special exception, or to grant a variance. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Proxy votes are not allowed. Section 12. Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 13. Conduct of Meetings. Except as otherwise provided herein, Roberts Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1. Record of Hearings. Audio recordings shall be made for all hearings and such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be produced from such recordings, and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board, and shall also be on file at the City Clerk's office. The applicant may request a court reporter at the applicant's own expense. Section 2. Case Files. The Secretary of the Board shall keep a file of all cases, including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. Section 3. Transcript. Upon request, a transcript or the audio recording of the Board's deliberation will be made, at cost to the requestor. In the case of an appeal to district court there is no charge for the transcript. ARTICLE Vill. DECISIONS: Section 1. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are considered. Section 2. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law as required by Iowa law. Section 3. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's Office, for recording at the city's expense. Section 4. A copy of said decision shall be forwarded by the Secretary of the Board to the applicant, the Building Inspector, the City Attorney's Office, and any Attorney of Record within a reasonable time after filing with the City Clerk. Section 5. Reconsideration: Upon written request, the Board may reconsider a decision on a special exception or variance application. A request for reconsideration must be made within ten (10) business days of the meeting at which a vote on the application was originally taken and shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing. A motion to reconsider must be made at the subsequent meeting by a member of the Board who voted on the prevailing side. If a motion to reconsider is approved, the application will be placed on the agenda of the next meeting in order to satisfy the requirement for public notice and hearing. No decision may be reconsidered more than once. Appeals to the Board may not be reconsidered. ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES. Section 1. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. —� 11 - -1 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 5d(4) RESOLUTION NO. 13-43 RESOLUTION APPROVING THE PROCEDURAL RULES OF THE IOWA CITY BOARD OF ADJUSTMENT WHEREAS, the Procedural Rules of the Iowa City Board of Adjustment have been reviewed by the Board; and WHEREAS, at their December 12, 2012 meeting, the Iowa City Board of Adjustment has revised and unanimously approved new language that; 1. Sets filing periods for various appeals consistent with the zoning code; and 2. Establishes procedures for reconsideration of applications. and; WHEREAS, the City Council Rules Committee met on February 8, 2013 and reviewed the Rules and recommended approval of the revisions; and WHEREAS, it is in the public interest to adopt Procedural Rules which guide the procedures and actions of the Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Procedural Rules as recommended by the Iowa City Board of Adjustment, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 19th day of February 2013. ATTEST: /Y�i2 ?e 9 fii% CITrCLERK It was moved by Payne adopted, and upon roll call there were: AYES: X x X X s/resolutiontoamend.doc ILYA 61 �Apprrt�av�ey. Ci orney's. ffi e _ and seconded by Dickens the Resolution be NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton PROCEDURAL RULES Iowa City Board of Adjustment December 12, 2012 ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration," Article A, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE II. MEMBERSHIP: Section 1. Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be qualified electors of the city of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, a new member shall be provided with a copy of the City Zoning Chapter, the Comprehensive Plan, the Board's procedural rules, and other information that would be useful to Board members in carrying out their duties. Each new member shall be given an orientation briefing by City staff. Section 4. Absences. Three consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges after a public hearing. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long- term illness, disqualification, or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days of public notice of the vacancy. Section 6. Terms. Members shall be appointed for terms of five years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7. Resignations. Resignation should be submitted in writing to the Board Secretary, who will transmit the resignation to the Mayor with copies to the City Manager, the Director of Planning and Community Development, and the Board Chairperson, preferably at least sixty (60) days prior to the date of intended departure. ARTICLE III.OFFICERS: Section 1. Number. The officers of the Board shall be a Chairperson and a Vice - Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who. is appointed by the Director of Planning and Community Development. Section 2. Election and Term of Office. The Chairperson and Vice -Chairperson shall be elected annually at the first regular meeting of the Board each year. Section 3. Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson because of death, resignation, removal, disqualification, or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings, and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5. Vice -Chairperson. When the Chairperson is absent or abstaining, the Vice - Chairperson shall perform the duties of the Chairperson and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Acting Chairperson. In the absence and/or due to the abstention of both the Chairperson and Vice -Chairperson, the remaining three -member Board may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7. Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maintaining minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1. Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Planning and Community Development. Forms are also available in the office of the City Clerk. In the appropriate cases, the Building Inspector shall transmit to the Secretary all documents constituting a record, upon which the Board shall act. Section 2. Application Submittal. Applications or appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed 30 calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision by the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) business days after construction work pursuant to such permit is observable from adjacent properties of the public right-of-way or ten (10) business days after an alleged violation of the zoning code is similarly observable. Applicants may appeal an approval or a denial of a Certificate of Appropriateness from the Historic Preservation Commission within a conservation district by filing a letter with the City Clerk within ten (10) business days after a Resolution of Denial is filed by the Commission. Section 3. Application Filing Fee. The applicant shall complete the required forms, providing all information requested on the form, and any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. Application fees are established by resolution of the City Council. Section 4. Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5. Case Number. An application filed according to the above procedure shall be given a case number within five (5) business days of the filing date. Case numbers will be assigned according to the order in which applications are received. ARTICLE V. NOTICE: Section 1. Notice Letters. No less than seven (7) business days prior to the public hearing, the Secretary of the Board shall send notice by mail to all property owners of record within 300 feet of the subject property. Such notice shall include a description of the action requested along with the time and location of the meeting. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2. Newspaper Notice. Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty (20) calendar day nor less than seven (7) business days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the application or appeal. Section 3. Notice Sign. No less than seven (7) business days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made, and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. ARTICLE VI. HEARING: Section 1. Regular Hearings. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2. Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three (3) or more members of the Board. Section 3. Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to people with disabilities. Section 4. Quorum. Three members of the Board shall constitute a quorum. Section 5. Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and be represented by agent and/or counsel. The applicant or their representative may present oral argument and testimony; witnesses, including experts; and may submit written evidence and exhibits in the form of statements, photos, charts, or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6. Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7. Conduct of Hearing. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony that is overly redundant. The Chair may provide for recesses during the deliberation, as appropriate. Section 8. Hearing Order. The order of hearing shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion by the Board. Section 9. Board Deliberation. After all parties have been heard, the public hearing will be declared closed so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law. These facts and legal conclusions must be set forth in writing as required by Iowa Law. The Board may request additional comments from the participants. An application may be deferred or withdrawn at the request of the applicant at any time before a decision is made by the Board. Section 10. Board Motions. Motions may be made and seconded by any member of the Board other than the Chair. Motions are always made in the affirmative, approving the requested action. Section 11. Board Voting. After a motion and discussion, the Board shall be polled for votes. The concurring vote of three (3) members of the Board shall be required to uphold an appeal, to decide in favor of a special exception, or to grant a variance. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, shall cast a vote on each motion. Proxy votes are not allowed. A Board member may abstain if he or she believes there is a conflict of interest. Any member that elects to abstain from voting shall state the reason for the abstention at the time of voting. Prior to the discussion of the matter under consideration, a member who plans to abstain from voting should inform the Board, and refrain from discussion and deliberation on a case where a conflict of interest exists for that Board member. An abstaining Board member may choose to leave the meeting room for the duration of the proceedings for that application. Section 12. Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 13. Conduct of Meetings. Except as otherwise provided herein, Roberts Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1. Record of Hearings. Audio recordings shall be made for all hearings and such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be produced from such recordings, and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board, and shall also be on file at the City Clerk's office. The applicant may request a court reporter at the applicant's own expense. Section 2. Case Files. The Secretary of the Board shall keep a file of all cases, including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. Section 3. Transcript. Upon request, a transcript of the audio recording of the Board's deliberation will be made, at cost. ARTICLE Vill. DECISIONS: Section 1. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are considered. Section 2. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law as required by Iowa law. Section 3. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's Office, for recording at the city's expense. Section 4. A copy of said decision shall be forwarded by the Secretary of the Board to the applicant, the Building Inspector, the City Attorney's Office, and any Attorney of Record within a reasonable time after filing with the City Clerk. Section 5. Reconsideration: Upon written request, the Board may reconsider a decision on a special exception or variance application. A request for reconsideration must be made within ten (10) business days of the meeting at which a vote on the application was originally taken and shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing. A motion to reconsider must be made at the subsequent meeting by a member of the Board who voted on the prevailing side. If a motion to reconsider is approved, the application will be placed on the agenda of the next meeting in order to satisfy the requirement for public notice and hearing. No decision may be reconsidered more than once. Appeals to the Board may not be reconsidered. ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES. Section 1. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. r � A CITY OF IOWA CITY , T MEMORA'NDLIM Date: September 23, 2005 To: City Council From: Eleanor M. Dilkes, City Attorney �Pw Re: State Requirements for City Boards and Commissions In her memo of July 22, 2005, a copy of which is attached, Planning Director Karin Franklin set forth the State Code requirements for city boards and commissions staffed by the Planning Department. The following are state requirements for boards staffed by other city departments: 1) Library Board. Pursuant to Section 392.5 of the Iowa Code, any proposal to alter the composition, manner of selection, or charge of a library board is subject to voter approval. Pursuant to Title 11 of the City Code, the Library Board of Trustees consists of nine members appointed by the Mayor with approval of the City Council, and a county representative. All members of the board must be residents of the city, except for the non-resident member, and all must be over the age of 18 years. 2) Airport Commission. Pursuant to Section 330.20 of the Iowa Code, the Airport Commission may consist of three or five resident voters. The terms of office can be established by city ordinance but shall be no more than six and no less than three years. 3) Airport Zoning Commission. Pursuant to Section 329.9 of the Iowa Code, the Commission consists of two members from the City, two from the County and a Chair selected by majority vote of the other members. The terms must be six years. 4) Airport Zoning Board of Adjustment. Pursuant to Section 329.12, the Board of Adjustment consists of two members appointed by the City Council, two appointed by the Board of Supervisors and one additional member as chair, selected by a majority vote of the other members. The terms must be five years. Cc: City Manager Assistant City Manager City Clerk eleanor/mem/brd-comm-regs. doc - -o .;lll- A CITY aF IOWA CITY 1P4 MEMORANDUM Date: July 22, 2005 To: Steve Atkins, City Manager - From: Karin Franklin, Director, PCD „ & Re: State requirements for Boards and Commissions As requested, we have reviewed State law relative to the various appointed boards and commissions staffed by the Planning Department. Those include Housing and Community Development Commission (HCDC), Planning & Zoning Commission (P&Z), Board of Adjustment (BOA), Historic Preservation Commission (HPC), and Public Art Advisory Committee (PAAC). Only P&Z, BOA and HPC are addressed in the Code of Iowa, 303.34 A city must provide by ordinance for an historic preservation commission when an ordinance is enacted designating an historic district. There must be at least three members; otherwise the terms and numbers of members of the commission are left to local discretion. Guidance is given as to the expertise of members and that not more than one-third of the commission can also be zoning commissioners. A representative from each designated historic district is required. 414.6 Requirements for a zoning commission are more vague. A commission is required if a city wants to have zoning. There are no stipulations for number, terms or qualifications. Reference is made to a city plan commission being able to act as the zoning commission, but there is no other reference in the Code to a plan commission. 414.7 By Code, the board of adjustment shall consist of 5 or 7 members who will serve for 5 years. A majority of the members must be persons representing the public at large and cannot be involved in the buying or selling of real estate. ZONING 3 36-91 and recommendation to the council. If the commission recom- mends against the lower classification, it shall not become effec- tive except by a favorable vote of three -fourths (%) of the mem- bers of the council. DIVISION 6. APPEALS Sec. 36-91. Board of adjustment. (a) Establishment The board of adjustment heretofore estab- lished shall continue. The board shall consist of five (5) members each to be appointed by the mayor with the consent of the city council for a term of five (5) years. Members shall be residents of Iowa City and shall serve without compensation. Members shall be removable for cause by the city council upon written charges and after public hearing. Vacancies shall be filled for the unex- pired term of any member whose position becomes vacant. No member shall be appointed to succeed himself/herself-, provided, however, that a member originally appointed to fill an unexpired term with one year or less remaining may be reappointed for one full five-year term. (b) Organization. Meetings of the board shall be held at least once a month when applications are pending before the board. The board shall adopt rules to establish the time and place of meetings, the procedure for the selection of a chairperson and vice -chairperson, who shall act as chairperson when the chair- person is absent or abstaining, and such other procedural rules as are necessary to implement the provisions hereof_ Copies of all rules shall be kept on file in the office of the board's secretary and in the office of the city clerk. The chairperson, or in his/her absence, the acting chairperson, may administer oaths or compel the attendance of witnesses. (c) Secretary. The director of the city's department of planning and program development shall designate one member of his/her staff to serve as secretary of the board. The secretary, who shall not be a member of the board, shall be responsible for maintain- ing the office of the board, receiving and filing board decisions and orders, posting and publishing notices as required by law, 9upp. No.19 2681 1 36.91 IOWA CITY CODE and for maintaining minutes and other records of the board's proceedings. (d) Vote required A majority of the board shall constitute a quorum. The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision, or determination of the city manager or his/her designee or to de- cide in favor of the applicant on any matter upon which it is required to pass or to effect any variation. (e) Procedure. The board shall conduct hearings and make de- cisions in accordance with the following requirements: (1) Public meetings. All meetings shall be open to the public. (2) Public notice. The notice of the time and place of hearings shall be published in a paper of general circulation not more than thirty (30) nor less than fifteen (15) days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the appeal. (3) Record of proceedings. The board 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 immediately filed in the office of the secretary of the board. (4) Written decisions. The board shall render written decisions which shall be filed with the city clerk. (5) Orders. Unless otherwise determined by the board, all or- ders of the board shall expire six (6) month:4 from the date the written decision is filed with the city clerk, unless the applicant shall have taken action within the six-month period to establish the use or construct the building per- mitted under the terms of the board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. Supp. No.19 2682 ZONING § 36-91 (f) Commencement of proceedings. (1) Appeals. a. By whom. Appeals to the board may be taken by any person aggrieved, or by any officer, department, or board of the city, affected by any decision of the city manager or his/her designee, or by a decision of the zoning code interpretation panel or of the city man- ager when the panel cannot reach a decision. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the city clerk a notice of appeal specifying the grounds therefor. A duplicate copy of such notice shall be filed with the board secretary. The city manager or his/her designee shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. b. Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed from, including, without limitation of the foregoing, a permittee's right to proceed with development or other activities au- thorized under a building permit, the issuance of which is a subject of the appeal, unless the city manager or his/her designee certifies to the board after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate, a stay would in his/her opinion, cause imminent peril to life or proper- ty. In such case, proceedings or development 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, on notice to the city manager or his/her designee for due cause shown. (2) Special exceptions and variances. Applications for special exceptions and variances shall be filed with the city clerk. At a minimum, the application shall include the following: a. The name and address of each applicant; b. The names and addresses of the owner of the property in question and of the architect, professional engineer, and contractor, if any; Supp. Na 19 2683 1 36.91 IOWA CITY CODE c. The names and addresses of the record owners of all property located within two hundred (200) feet of the property in question; d. A map or plat showing the location and record owner of each property opposite or abutting the property in question; e. A narrative statement of the grounds offered as sup- port for the special exception or variance; f. A map or plot plan, drawn to scale, of the property in question. (3) Fees. A filing fee shall be paid at the time any appeal or application is filed. Filing fees shall be as established from time to time by resolution of the city council. No fee shall be charged for an appeal or application filed by any officer, department, or board of the city. (g) Powers. The board shall have the following powers: (1) Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, —Dr de- termination made by the city manager or his/her designee in the enforcement of this chapter or of any ordinance adopted pursuant thereto. (2) Special exceptions. To hear and decide applications for spe- cial exceptions to the terms of this chapter, and enlarge- ments thereof, in accordance with the general regulations of the zone in which the property is located and specific standards contained herein. a. Review. The board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drain- age, sewerage and water systems, the proposed opera- tion, and such other evidence as deemed appropriate. b. Standards. In order to permit a special exception, the board must find that the standards set forth in this chapter with respect to the specific proposed exception shall be met, and that the general standards detailed herein shall be met or are not applicable: Supp. No.19 2684 ZONING 1 36-91 1. That the specific proposed exception will not be detrimental to or endanger the public health, safe- ty, morals, comfort, or general welfare. 2. That the specific proposed exception will not be igjurious to the use and enjoyment of other prop- erty in the immediate vicinity for the purposes already permitted, and will not "substantially di- minish and impair property values within the neighborhood. 3. That establishment of the specific proposed excep- tion will not impede the normal and orderly de- velopment and improvement of the surrounding property for uses permitted in the zone in which such property is located. 4. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. 5. That adequate measures have been or will be taken to provide ingress or egress so designed as to min- imize traffic congestion in the public streets. 6. That, except for the specific regulations and stand- ards applicable to the exception being considered, the specific proposed exception shall in all other respects conform to the applicable regulations or standards of the zone in which it is to be located. 7. That the proposed use shall be consistent with the short-range comprehensive plan of the city. c. Conditions. In permitting a special exception, the board may impose appropriate conditions and safeguards in- cluding but not limited to planting screens, fencing, construction commencement and completion dates, light- ing, operational controls, improved traffic circulation, highway access restrictions, yards, parking require- ments, the duration of a use or ownership, or any other requirement which the board deems appropriate under the circumstances upon a finding that they are necessary to fulfill the purpose and intent of this chapter. (3) Variances. To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be Supp. No.19 2685 1 36.91 IOWA CITY CODE contrary to the public interest, where owing to special conditions there are practical difficulties or particular hard- ships in the way of achieving strict compliance with the provisions of this chapter. No variance to the strict appli- cation of any provision of this chapter shall be granted by the board unless the applicant demonstrates that all of the following elements are present: a. Not contrary to the public interests. 1. The proposed variance will not threaten neigh- borhood integrity, nor have a substantially adverse affect on the use or value of other properties in the area adjacent to the property included in the variance. 2. The proposed variance will be in harmony with the general purpose and intent of this chapter and will not contravene the objectives of the compre- hensive plan. b. Unnecessary hardship. 1. The property in question cannot yield a reason- able return if used only for a purpose allowed in such zone; and 2. The owner's situation is unique or peculiar to the property in question; it is not shared with other landowners in the area nor due to general condi- tions in the neighborhood; and 3. The hardship is not of the landowner's own mak- ing or of a predecessor in title. c. Conditions. In permitting a variance, the board may impose appropriate conditions and safeguards includ- ing but not limited to planting screens, fencing, con- struction commencement and completion dates, light- ing, operational controls, improved traffic circulation, highway access restrictions, yards, parking require- ments, the duration of a use or ownership, or any other requirement which the board deems appropriate under the circumstances, upon a finding that they are necessary to fiilfill the purpose and intent of this chapter. 8upp. No.19 2686 ZONING 1 36-91 (4) Interpretation. To interpret this chapter in any case where it is alleged there is an error in any decision, determina- tion, or interpretation made by the zoning code interpreta- tion panel or by the city manager in cases where the panel was unable to reach a decision regarding the meaning of the provisions of this chapter. Interpretations rendered by the board hereunder shall be binding upon the city man- ager or his/her designee in the enforcement of this chapter. Gross reference —Variance in floodplains, § 36-37. (h) Petition of certiorari. Any person or persons jointly or sev- erally aggrieved by any decision of the board under the provi- sions of this chapter, or any taxpayer, or any officer, department or board of the city may present to a court of record a petition duly verified setting forth that such decision is illegal in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the city clerk. 8upp. No.19 [The next page is 27871 2687 Prepared by: Karen Howard, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. 02-200 RESOLUTION APPROVING AN AMENDMENT TO THE PROCEDURAL RULES OF THE IOWA CITY BOARD OF ADJUSTMENT WHEREAS, the Procedural Rules of the Iowa City Board of Adjustment were adopted by Resolution No. 96-102 on April 23, 1996; and WHEREAS, section 14-6W-4A of the Iowa City Zoning Ordinance states that the Board will accept appeals "within a reasonable time as provided by the rules of the Board"; and WHEREAS, the Board of Adjustment heretofore has not established a specific reasonable time period for appeals in their procedural rules, other than for appeals from a decision of the Building Inspector to issue a building permit; and WHEREAS, the Board of Adjustment recommends that their rules be amended to more clearly define a "reasonable time period" for appeals to guide the Board in future determinations regarding timeliness of appeals; and WHEREAS, the City Council Rules Committee has recommended approval of said amendment establishing a reasonable time period for appeals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Procedural Rules of the Iowa City Board of Adjustment are hereby amended as follows: Under Article IV, Section 2. Application Submittal, add the following underlined text: "Applications or appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed 90 calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision of the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) business days after construction work pursuant to such permit is observable from adjacent properties or the public right-of-way or ten (10) business days after an alleged violation of the zoning code is similarly observable." With this amendment, the Procedural Rules of the Iowa City Board of Adjustment dated April 9, 2002 attached hereto are adopted. Resolution No. 02-200 Page 2 Passed and approved this 11th day of June , 2002. 4agyy or ATTEST: ) City Clerk Apt` gy Clty Att ney' Ce _ Resolution No. 02-200 Page 3 It was moved by Cha=i on and seconded by adopted, and upon roll call there were: AYES: NAYS: Vanderhoef the Resolution be ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn City of Iowa City MEMORANDUM March 13, 2002 To: Board of Adjustment From: Karen Howard, Associate Plann 41 Re: Time period for appeals to the Board At your February meeting, the Board discussed amending the Board's procedural rules to set a more specific time limitation on matters appealed to the Board. A copy of your procedural rules is attached for your review. After consulting with the City Attorney's Office, Housing and Inspection Services, and the Department of Planning and Community Development, staff recommends that the Board amend their rules to set a ninety day time period for appeals. A ninety day limitation will allow the appealing party enough time to become aware of a potential problem and make a case for an appeal and yet not such an extensive amount of time that a decent record of the facts is lost. Staff also recommends a change to the ten-day time limit that applies when an appeal is made regarding the issuance of a building permit. In a recent Iowa Court of Appeals case regarding timeliness of appeals to the Board of Adjustment based on the issuance of a building permit, the court stated that the time period begins to run from the date that a potential violation of the zoning code is observable --in this case, it ran from the date that the neighbor noticed that the placement of the foundation may violate the zoning code, rather than 10 days from the commencement of construction. Given this ruling, you may wish to modify the Board's rules to include language that takes this type of situation into account. Following are staffs recommended changes to the Board's procedural rules. Under Article IV, Section 2. Application _Submittal, add the following underlined text: "Applications or appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed 90 calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision of the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) business days after construction work pursuant to such permit is observable from adjacent properties or the public right-of-way or ten (10) business days after an alleged violation of the zoning code is similarly observable." Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development PROCEDURAL RULES Iowa City Board of Adjustment April 9, 2002 ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa, City Code Title 14, Chapter 4, entitled "Land Control and Development," Article B, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE II. MEMBERSHIP: Section 1. Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be qualified electors of the City of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large; a majority of the Board shall not be involved in the business of purchasing or selling real estate. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, a new member shall be provided with a copy of the City Zoning Chapter, the Comprehensive Plan, the Board's procedural rules and other information that would be useful to Board members in carrying out their duties. Each new member shall be given an orientation briefing by City staff. Section 4. Absences. Three consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges and after public hearing. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days public notice of the vacancy. Section 6. Terms. Members shall be appointed for terms of five years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7. Resignations. Resignations should be submitted in writing to the Board Secretary, who will transmit the resignation to the Mayor with copies to the City Manager, the Director of Planning and Community Development, and the Board Chairperson, preferably at least sixty (60) calendar days prior to the date of intended departure. Procedural Rules Iowa City Board of Adjustment Page 2 ARTICLE III. OFFICERS: Section 1. Number. The officers of the Board shall be a Chairperson and a Vice -Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Planning and Community Development. Section 2. Election and Term of Office. The Chairperson and Vice -Chairperson shall be elected annually at the first regular meeting of the Board each year. Section 3. Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson because of death, resignation, removal, disqualification or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5. Vice -Chairperson. The Vice -Chairperson, who shall act as Chairperson when the Chairperson is absent or abstaining, shall perform the duties of the Chairperson when so acting, and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Actin_g Chairperson. In the absence and/or due to the abstention of both the Chairperson and Vice -Chairperson, the remaining three -member Board may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7. Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law and for maintaining minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1. Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Planning and Community Development. Forms are also available in the office of the City Clerk. In the appropriate cases, the Building Inspector shall transmit all documents constituting a record, upon which the Board shall act, to the Secretary of the Board. Section 2. Application Submittal. Applications or appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed 90 calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision of the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) business days after construction work pursuant to such permit is observable from adjacent properties or the public right-of-way or ten (10) business days after an alleged violation of the zoning code is similarly observable. Procedural Rules Iowa City Board of Adjustment Page 3 Section 3. Application Filing Fee. The applicant shall complete the required forms, providing all information requested on the form, and any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. The fee shall be established by resolution by the City Council. Section 4. Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5. Case Number. An application filed according to the above procedure shall be given a case number in the order in which it is received, within five (5) business days of the date filed. ARTICLE V. NOTICE: Section 1. Notice Letters. No less than seven (7) business days prior to the public hearing, the Secretary of the Board shall notify by mail of the time, place, and purpose of the public hearing all property owners of record within 200 feet of the affected property, as provided by the applicant. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2. Newspaper Notice. The Secretary of the Board shall give no less than seven (7) business days public notice in a newspaper of general circulation as required by law. Section 3. Notice Sign. No less than seven (7) business days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made, and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. ARTICLE VI. HEARING: Section 1. Regular Hearings. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2. Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three (3) or more members of the Board. Section 3. Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to persons with disabilities. Section 4. Quorum. Three members of the Board constitute a quorum. Section 5. Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and may be represented by agent and/or counsel. The applicant or their representative may present oral argument and testimony, witnesses including experts, and may submit written evidence and exhibits in the form of statements, photos, charts or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Procedural Rules Iowa City Board of Adjustment Page 4 Section 6. Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7. Conduct of Hearinca. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony which is overly redundant. The Chair may provide for recesses during the deliberations, as appropriate. Section 8. Hearing Order. The order of the hearing shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the Board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion. Section 9. Board Deliberation. After all parties have been heard, the public hearing will be declared closed, so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law, which facts and legal conclusions must be set forth in writing as required by Iowa law. The Board may request additional comments from the participants. An application may be deferred or withdrawn at the request of the applicant any time before a decision of the Board is made. Section 10. board Motions. Motions may be made or seconded by any member of the Commission except the Chairperson. Section 11. Board Voting. After a motion and discussion, the Board shall be polled for votes. The concurring vote of three (3) members of the Board shall be necessary to uphold an appeal of a Zoning Chapter interpretation, to decide in favor of the applicant to grant a special exception as provided for under the Zoning Chapter, or to grant a variance to the Zoning Chapter. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, shall cast a vote upon each motion. There shall be no vote by proxy; however, a member may abstain if the member believes there is a conflict of interest. A member who elects to abstain from voting shall state the reason for the abstention at the time of voting. Prior to the discussion of the matter under consideration, a member who plans to abstain from voting should so inform the Board, and refrain from discussion and deliberation on a case where a conflict of interest exists for that member. Section 12. Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 13. Except as otherwise provided herein, Roberts Rules of Order Newly Revised shall be used to Procedural Rules Iowa City Board of Adjustment Page 5 conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1. Record of Hearings. Hearings shall be taped and such tapes shall be kept for a period no less than six (6) weeks. Minutes shall be kept by a minute -taker, and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board, and shall also be on file at the City Clerk's office. The applicant may request a court reporter at the applicant's own expense. Section 2. Case Files. The Secretary of the Board shall keep a file of all cases including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. Section 3. Transcript. Upon request, a transcript of the tape of the Board's deliberations is available, at cost. ARTICLE Vill. DECISIONS: Section 1. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are concluded. Section 2. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law, as required by Iowa law. Section 3. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's office, for recording at City expense. Section 4. A copy of said decision shall be forwarded by the Secretary of the Board to the applicant, the Building Inspector, the City Attorney's Office, and the Attorney of Record within a reasonable time after filing with the City Clerk. CLE Ix. AMENDMENTS TO PROCEDURAL RULES. Section 1. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. ppdadmin\boarulesfin.doc Revised 5-02 Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5251 RESOLUTION NO. 96-102 RESOLUTION APPROVING THE PROCEDURAL RULES OF THE IOWA CITY, IOWA, BOARD OF ADJUSTMENT WHEREAS, the Board of Adjustment has recommended approval of procedural rules to guide the Board in the conduct of its duties; and WHEREAS, the City Council Rules Committee has recommended approval of said procedural rules. NOW, THEREFORE, be it resolved by the City Council of the City of Iowa City, that: 1. The Iowa City Board of Adjustment procedural rules are hereby adopted as follows: PROCEDURAL RULES Iowa City Board of Adjustment ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa, City Code Title 14, Chapter 4, entitled "Land Control and Development," Article B, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE II. MEMBERSHIP: Section 1. Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be qualified electors of the City of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large; a majority of the Board shall not be involved in the business of purchasing or selling real estate. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, a new member shall be provided with a copy of the City Zoning Chapter, the Comprehensive Plan, the Board's procedural rules and other information that would be useful to Board members in carrying out their duties. Each new member shall be given an orientation briefing by City staff. Section 4. Absences. Three consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges and after public hearing. Procedural Rules Iowa City Board of Adjustment Page 2 Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days public notice of the vacancy. Section 6. Terms. Members shall be appointed for terms of five years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7. Resignations. Resignations should be submitted in writing to the Board Secretary, who will transmit the resignation to the Mayor with copies to the City Manager, the Director of Planning and Community Development, and the Board Chairperson, preferably at least sixty (60) calendar days prior to the date of intended departure. ARTICLE III. OFFICERS: Section 1. Number. The officers of the Board shall be a Chairperson and a Vice -Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Planning and Community Development. Section 2. Election and Term of Office. The Chairperson and Vice -Chairperson shall be elected annually at the first regular meeting of the Board each year. Section 3. Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson because of death, resignation, removal, disqualification or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5. Vice -Chairperson. The Vice -Chairperson, who shall act as Chairperson when the Chairperson is absent or abstaining, shall perform the duties of the Chairperson when so acting, and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Acting Chairperson. In the absence and/or due to the abstention of both the Chairperson and Vice -Chairperson, the remaining three -member Board may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7. Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law and for maintaining minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1. Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Planning and Community Development. Forms are also available in the office of the City Clerk. In the appropriate cases, the Building Inspector shall transmit all documents constituting a record, upon which the Board shall act, to the Secretary of the Board. Procedural Rules Iowa City Board of Adjustment Page 3 Section 2. Application Submittal. Applications or appeals to the Board shall be filed with the City Clerk within a reasonable time after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision of the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) business days after construction work pursuant to such permit is observable from adjacent properties or the public right-of- way. Section 3. Application Filing Fee. The applicant shall complete the required forms, providing all information requested on the form, and any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. The fee shall be established by resolution by the City Council. Section 4. Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5. Case Number. An application filed according to the above procedure shall be given a case number in the order in which it is received, within five (5) business days of the date filed. ARTICLE V. NOTICE: Section 1. Notice Letters. No less than seven (7) business days prior to the public hearing, the Secretary of the Board shall notify by mail of the time, place, and purpose of the public hearing all property owners of record within 200 feet of the affected property, as provided by the applicant. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2. Newspaper Notice. The Secretary of the Board shall give no less than seven (7) business days public notice in a newspaper of general circulation as required by law. Section 3. Notice Sign. No less than seven (7) business days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made, and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. ARTICLE VI. HEARING: Section 1. Regular Hearings. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2. Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three (3) or more members of the Board. Section 3. Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to persons with disabilities. Section 4. Quorum. Three members of the Board constitute a quorum. Section 5. Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and may be represented by agent and/or counsel. The applicant or their representative may present oral argument and testimony, witnesses including experts, and may submit written evidence and exhibits in the form of statements, photos, charts or other relevant evidence. In Procedural Rules Iowa City Board of Adjustment Page 4 the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6. Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7. Conduct of Hearing. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony which is overly redundant. The Chair may provide for recesses during the deliberations, as appropriate. Section 8. Hearing Order. The order of the hearing shall be as follows: Staff presentation of the facts of the case and recommendation to the Board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion. Section 9. Board Deliberation. After all parties have been heard, the public hearing will be declared closed, so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law, which facts and legal conclusions must be set forth in writing as required by Iowa law. The Board may request additional comments from the participants. An application may be deferred or withdrawn at the request of the applicant any time before a decision of the Board is made. Section 10. Board Motions. Motions may be made or seconded by any member of the Commission except the Chairperson. Section 11. Board Voting. After a motion and discussion, the Board shall be polled for votes. The concurring vote of three (3) members of the Board shall be necessary to uphold an appeal of a Zoning Chapter interpretation, to decide in favor of the applicant to grant a special exception as provided for under the Zoning Chapter, or to grant a variance to the Zoning Chapter. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, shall cast a vote upon each motion. There shall be no vote by proxy; however, a member may abstain if the member believes there is a conflict of interest. A member who elects to abstain from voting shall state the reason for the abstention at the time of voting. Prior to the discussion of the matter under consideration, a member who plans to abstain from voting should so inform the Board, and refrain from discussion and deliberation on a case where a conflict of interest exists for that member. Section 12. Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 13. Except as otherwise provided herein, Roberts Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. ,t ,. Procedural Rules Iowa City Board of Adjustment Page 5 ARTICLE VII. RECORDS: Section 1. Record of Hearings_. Hearings shall be taped and such tapes shall be kept for a period no less than six (6) weeks. Minutes shall be kept by a minute -taker, and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board, and shall also be on file at the City Clerk's office. The applicant may request a court reporter at the applicant's own expense. Section 2. Case Files. The Secretary of the Board shall keep a file of all cases including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. Section 3. Transcri t Upon request, a transcript of the tape of the Board's deliberations is available, at cost. ARTICLE VIII. DECISIONS: Section 1. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are concluded. Section 2. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law, as required by Iowa law. Section 3. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's office, for recording at City expense. Section 4. A copy of said decision shall be forwarded by the Secretary of the Board to the applicant, the Building Inspector, the City Attorney's Office, and the Attorney of Record within a reasonable time after filing with the City Clerk. TICLE IX. AMENDMENTS TO PROCEDURAL RU Section 1. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. Passed and approved this 23rd day of Apri 1 , 1996. ATTEST: CIT LERK ppdadmin\boaruIes. res liB3, � t MAYOR Approved b C ty Attorney's Office '1f-a.�-y� Resolution No. g6_1n? Page 6 It was moved by Thornberry and seconded by adopted, and upon roll call there were: AYES: x x x X X NAYS: Vanderhoef the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef 14-4B-1 14-413-3 CHAPTER 4 LAND CONTROL AND DEVELOPMENT ARTICLE B. BOARD OF ADJUSTMENT SECTION: 14-413-1: Board Established; Appointment; Qualifications; Compensation 14-413-2: Removals from Office; Vacancies 14-46-3: Organization 14-413-4: Powers 14-413-5: Procedures Generally 14-46-6: Appeals 14-413-7: Special Exceptions and Variances 14-413-8: Fees 14-413-9: Petition for Writ of Certiorari 14-4B-1: BOARD ESTABLISHED; AP- POINTMENT; QUALIFICA- TIONS; COMPENSATION: The Board of Adjustment previously established shall continue. The Board shall consist of five (5) members appointed by the Mayor with the consent of the City Council for a term of five (5) years. Members shall be residents of Iowa City and shall serve without com- pensation. (1978 Code §36-91) 14-4B-2: REMOVALS FROM OFFICE; VACANCIES: Members shall be removable for cause by the City Council upon written charges and after public hear- ing. Vacancies shall be filled for the unex- pired term of any member whose position becomes vacant. No members shall be ap- pointed to succeed themselves. However, a member originally appointed to fill an unex- pired term with one year or less remaining may be reappointed for one full five (5) year term. (1978 Code §36-91) 14-413-3: ORGANIZATION: A. Meetings; Rules of Procedure: Meet- ings of the Board shall be held at least once a month when applications are pending before the Board. The Board shall adopt rules to establish the time and place of meetings, the procedure for selecting a chairperson and vice chairperson, who shall act as chair- person when the chairperson is ab- sent or abstaining, and such other procedural rules as are necessary to implement the provisions of this Arti- cle. Copies of all rules shall be kept on file in the office of the Board's secretary and in the office of the City Clerk. The chairperson or, in the chairperson's absence, the acting chairperson may administer oaths or compel the attendance of witnesses. B. Secretary: The Director of Planning and Community Development shall designate one staff member to serve as the Board's secretary. The secre- tary, who shall not be a member of the Board, shall be responsible for main- taining the office of the Board, receiv- ing and filing Board decisions and orders, posting and publishing notices as required by law and for maintaining Iowa City 14-413-4 14-413-4 proposed exception, in all other re- a. The proposed variance will not spects, conforms to the applicable threaten neighborhood integrity, nor regulations or standards of the zone in have a substantially adverse effect on which it is to be located. the use or value of other properties in the area adjacent to the property in- g. The proposed use will be consis- cluded in the variance; and tent with the Comprehensive Plan of the City. b. The proposed variance will be in harmony with the general purpose and 3. Conditions: In permitting a special intent of the Zoning Chapter and will exception, the Board may impose not contravene the objectives of the appropriate conditions and safe- Comprehensive Plan. guards, including but not limited to planting screens, fencing, construction 2. Unnecessary hardship. commencement and completion dead- lines, lighting, operational controls, a. The property in question cannot improved traffic circulation require- yield a reasonable return if used only ments, highway access restrictions, for a purpose allowed in the zone increased minimum yard require- where the property is located; and ments, parking requirements, limita- tions on the duration of a use or own- b. The owner's situation is unique ership or any other requirement which or peculiar to the property in question, the Board deems appropriate under and the situation is not shared with the circumstances upon a finding that other landowners in the area nor due the conditions are necessary to fulfill to general conditions in the neighbor - the purpose and intent of the Zoning hood; and Chapter. c. The hardship is not of the C. Variances: To authorize upon appeal landowner's or applicant's own making in specific cases such variances from or that of a predecessor in title. the terms of the Zoning Chapter as will not be contrary to the public inter- 3. Conditions: In permitting a vari- est, where owing to special conditions ance, the Board may impose appropri- a literal enforcement of the provisions ate conditions and safeguards, includ- of the Zoning Chapter will result in ing but not limited to planting screens, unnecessary hardship and so the fencing, construction commencement spirit of the ordinance shall be ob- and completion deadlines, lighting, served and substantial justice done. operational controls, improved traffic No variance to the strict application of circulation requirements, highway any provision of the Zoning Chapter access restrictions, increased mini - shall be granted by the Board unless mum yard requirements, parking re - the applicant demonstrates that all of quirements, limitations on the duration the following elements are present: of a use or ownership or any other requirement which the Board deems 1. Not contrary to the public interests. appropriate under the circumstances, upon a finding that the conditions are Iowa City 14-4B-6 14-4B-9 grounds of the appeal. A duplicate copy of such notice shall be filed with the Board secretary. The City Manag- er or designee shall forthwith transmit to the Board all the papers constitut- ing the record upon which the action appealed from was taken. B. Stay of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, including with- out limitation a permittee's right to proceed with development or other activities authorized under a building permit, the issuance of which is a subject of the appeal, unless the City Manager or designee certifies to the Board after the notice of appeal has been filed that, by reason of facts stated in the certificate, a stay would, in the City Manager's or designee's opinion, cause imminent peril to life or property. In such case, proceedings or development shall not be stayed oth- erwise than by a restraining order, which may be granted by the Board or by a court of record and on notice to the City Manager or designee for due cause shown. (1978 Code §36-91; 1994 Code) 14-46-7: SPECIAL EXCEPTIONS AND VARIANCES: Applications for special exceptions and variances shall be filed with the City Clerk. At a minimum, the application shall include the following: A. The name and address of each appli- cant. B. The names and addresses of the owner of the property in question and of the architect, professional engineer and contractor, if any. C. The names and addresses of the record owners of all property located within two hundred feet (200') of the property in question. D. A map or plat showing the location and record owner of each property opposite or abutting the property in question. E. A narrative statement of the grounds offered as support for the special exception or variance. F. A map or plot plan, drawn to scale, of the property in question. (1978 Code §36-91) 14-46-8: FEES: A filing fee shall be paid at the time any appeal or appli- cation is filed. Filing fees shall be as estab- lished by resolution of the City Council. No fee shall be charged for an appeal or appli- cation filed by any officer, department or board of the City. (1978 Code §36-91) 14-4B-9: PETITION FOR WRIT OF CER- TIORARI: Any person or per- sons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari, duly verified, setting forth that such Board decision is illegal, in whole or in part, and specifying the grounds of the illegality. (1978 Code §36-91; 1994 Code) Iowa City cis O Q M c7 JIFE�^ Mom' V IOWA CITY BOARD OF ADJUSTMENT PROCEDURAL RULES Adopted: March 11, 1982 Amended: August 4, 1983 October 10, 1990 January 8, 1992 Adopted: 03/11/82 Amended: 08/04/83 10/10/90 01/08/92 BOARD OF ADJUSTMENT - PROCEDURAL RULES L APPLICATIONS A. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Planning and Program Development. Forms are also available in the office of the City Clerk. In the appropriate cases, the Building Inspector shall transmit all documents constituting a record, upon which the Board shall act, to the Secretary of the Board. B. Applications or appeals to the Board shall be filed with the City Clerk within a reasonable time after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision of the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) days after construction work pursuant to such permit is observable from adjacent properties or the public right-of-way. (8/4/83) C. The applicant shall complete the required forms, providing all information requested on the form, and any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. The fee shall be established by resolution by the City Council. D. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. E. An application filed according to the above procedure shall be given a case number in the order in which it is received, within five working days of the date filed. H. NOTICE A. No less than seven days prior to the public hearing, the Secretary of the Board shall notify by mail of the time, place, and purpose of the public hearing all property owners of record within 200 feet of the affected property, as provided by the applicant. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. (01/08/92) B. The Secretary of the Board shall give no less than 7 days public notice in a newspaper of general circulation as required by law. (10/10/90) C. No less than seven days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made, and shall remove the sign immediately following the public hearing on the application. (10/10/90, 01/08/92) W III. IIEARING A. Hearings are generally held by the Board of Adjustment at the Civic Center Council Chambers and shall be open to the public. B. The applicant may, at the time of the public hearing, appear in his/her own behalf and may be represented by agent and/or counsel. The applicant or his/her representative may present oral argument and testimony, witnesses including experts, and may submit written evidence and exhibits in the form of statements, photos, charts or other relevant evidence. In the absence of the applicant or his/her representative(s), the Board may proceed to act on the matter based on the information provided. C. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. D. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony which is overly redundant. The Chair may provide for recesses during the deliberations, as appropriate. E. The order of the hearing shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the Board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion. F. After all parties have been heard, the public hearing will be declared closed, so that the Board may deliberate the case. The Board may request additional comments from the participants- G. The City Attorney or his/her representative shall act as legal counsel to the Board. After a motion and discussion, the Board shall be polled for votes. H. An application may be withdrawn any time before a decision of the Board is made. IV. RECORDS A. Hearings shall be taped and such tapes shall be kept for a period no longer than six weeks. Minutes shall be kept by a minute -taker, and forwarded to the City Council after approval by the Board, or the Secretary of the Board. All minutes shall be maintained by the K, V. VI. Secretary of the Board and shall also be on file at the City Clerk's office. The applicant may request a court report at his/her own expense. B. The Secretary of the Board shall keep a file of all cases including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request at cost. C. Upon request, a transcript of the tape of the Board's deliberations is available at cost. DECISIONS A. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are concluded. B. Formal Decisions shall be made in writing, setting forth findings of fact and conclusions of law. C. Decisions shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate dates and time of filing. D. A copy of said Decision shall be forwarded by the Secretary of the Board to the applicant, the Building Inspector, the Legal Department, and the Attorney of Record within a reasonable time after filing with the City Clerk. AMENDMENTS TO PROCEDURAL RULES A. A vote of three of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting of the Board of Adjustment. ppdadmin\boaprc.r1 RESOLUTION NO. 90-151 RESOLUTION ADOPTING A SCHEDULE OF FEES FOR BOARD_OF ADJUSTMENT APPLICATIONS. WHEREAS, the City Council adopted an operating budget by Resolution 90-33 on March 9, 1990; and WHEREAS, that budget contains a projection of revenues to be generated by fees for applications to the Board of Adjustment; and WHEREAS, a specific schedule of fees must be adopted to institute collection of new fees beginning August 15, 1990. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the fees for Board of Adjustment applications noted on the attached schedule, Exhibit A, are hereby adopted and shall be in effect August 15, 1990. It was moved by Novick and seconded by adopted, and upon roll call there were: Ambrisco the Resolution be AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 7th day of August , 1990. YOR ATTEST: CI CLERK , '(9, " ��7 - e Approved by City Attorney's Office 7 3j a) EXHIBIT A: FEES FOR REVIEW OF BOARD OF ADJUSTMENT APPLICATIONS Variance Special Exception Other Actions Revised 1990 $275 $275 $275 Combination - Variance/Special Exceptions $325 Minutes Iowa City City Council August 7, 1990 Page 3 Moved by Courtney, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 90-3469, Bk. 32, p. 24, AMENDING THE ZONING ORDINANCE TO CHANGE THE NOTICE REQUIREMENTS FOR BOARD OF ADJUSTMENT HEARINGS, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Ambrisco, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Courtney, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 90-3470, Bk. 32, p. 25, AMENDING THE ZONING ORDINANCE TO ALLOW THE BOARD OF ADJUSTMENT TO PERMIT ALL REQUIRED OFF-STREET PARKING FOR PRIVATE USES IN A MUNICIPAL FACILITY UNDER CERTAIN CIRCUMSTANCES, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Ambrisco, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. The Mayor announced that the next item on the agenda was consideration of the final plat for Ruppert Subdivision, stating that Council had agreed to defer this matter at their informal session the previous evening but additional information has become available. The City Attorney reported that a fax had been received from the FAA approving the Westport Plaza easement agreement with the Airport Commission, and recommended approval of the subdivision subject to the change in Chapter 33 as duly noted in the resolution. Moved by Ambrisco, seconded by Courtney, to adopt RES. 90-150, Bk. 104, p. 150, APPROVING THE FINAL PLAT OF RUPPERT SUBDIVISION, PART TWO, INCLUDING A RESUBDIVISION OF LOT 1, RUPPERT SUBDIVISION, PART ONE, IOWA CITY, IOWA (Westport Plaza). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Larson, seconded by Novick, to accept the FAA correspondence. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Novick, seconded by Ambrisco, to adopt RES. 90-151, Bk. 104, p. 151, ADOPTING A SCHEDULE OF FEES FOR BOARD OF ADJUSTMENT APPLICATIONS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Mark Brown, 600 North Linn Street, appeared requesting Council consideration of elimination of odd -even calendar parking in the neighborhood around the University campus. The Mayor said that Council had directed staff to look at alternatives to the parking situation in that neighborhood, discussed it at the informal session the previous evening and discovered there was no perfect solution to the problems and directed staff to shelve the matter for a time. Larson noted that a neighborhood coordinator had been hired by the City and one area she Minutes Iowa City City Council August 7, 1990 Page 4 would be looking into is the question of parking around the campus and hoped meetings would be held with the neighbors to explore alternatives. Charlie Ruppert, 1460 N. Dubuque Rd., appeared regarding posting of "deer crossing" signs in the area. Kevin Boffeli, 419 S. Governor, appeared requesting Council blacktop the alley on S. Governor Street, and presented a petition from 21 property owners in the area. Moved by Courtney, seconded by Kubby, to accept the petition. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. The Mayor slated the matter will be referred to the Public Works Department. A public hearing was held on an ordinance to amend Chapter 33, Utilities, to provide for private sewer line access to the municipal system for non-residential uses. No one appeared. (8:16 p.m.) Moved by Novick, seconded by Courtney, that the ordinance to amend Chapter 33, Utilities, to provide for private sewer line access to the municipal system for non-residential uses, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on an ordinance adopting Appendix Chapter 70 (Excavation and Grading) of the 1988 Uniform Building Code, as amended. No one appeared. Moved by Kubby, seconded by Horowitz, to continue the public hearing to 8/21 /90. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on a resolution of intent to ratify the sale of vacated alley located in Block 26, East Iowa City, to William and Patricia Lee. No one appeared. Moved by Horowitz, seconded by Ambrisco, to adapt RES. 90-152, Bk. 104, p. 152, RATIFYING THE CONVEYANCE OF A PORTION OF VACATED ALLEY IN BLOCK 26, EAST IOWA CITY, TO WILLIAM AND PATRICIA LEE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor noted the vacancies on the Housing Commission unexpired terms would be readvertised. Moved by Ambrisco, seconded by Courtney, to appoint Thomas Werderitsch, 3 Evergreen, to the Bd. of Appeals for an unexpired term ending 12/31/91. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Novick, seconded by Ambrisco, to approve the recommendation of the Bd. of Adjustment to appoint Catherine Johnson to the Airport Zoning Board of Adjustment for a term ending 2/26/94. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. (8:20 p.m.) Minutes Council Activities July 31, 1990 Page 3 A public hearing was held on an ordinance conditionally changing the use regulations of an approximate .41 acres of land located east of Gilbert Court approximately 200 feet north of Kirkwood Avenue from RS-8 to CI-1 (Berryhill Addition). No one appeared. A public hearing was held on an ordinance amending the Zoning Ordinance by changing the use regulations of approximately 3.6 acres located east of Keokuk Street south of the K-Mart shopping center from RM-12 to CO-1 (Braverman Center, Block 1). No one appeared. Moved by Larson, seconded by Courtney, that the ordinance amending the Zoning Ordinance by changing the use regulations of approximately 3.6 acres located east of Keokuk Street south of the K-Mart shopping center from RM-12 to CO-1 (Braverman Center, Block 1), be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. A public hearing was held on an ordinance to amend Chapter 32, Subdivision Regulations, to require a grading permit for subdivisions in environmentally sensitive areas. Robert Wachal, Chairperson of the Riverfront Commission, and -Douglas Jones, member of the Commission, appeared in support of the ordinance. The Mayor stated that Council discussed the ordinance briefly during informal session but staff requested the public hearing be continued to allow further discussion at the informal on 8/6. Moved by Novick, seconded by Horowitz, to continue the public hearing to 8/7/90. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. A public hearing was held on an ordinance to amend the Zoning Ordinance, Section 36- 91(e)(2), to require that public notice of the time and place of Board of Adjustment public hearings be published not more than 20 nor less than 7 days prior to the public hearing. No one appeared. Moved by Courtney, seconded by Larson, that the ordinance to amend the Zoning Ordinance, Section 36-91(e)(2), to require that public notice of the time and place of Board of Adjustment public hearings be published not more than 20 nor less than 7 days prior to the public hearing, be given first vote for passage. Horowitz questioned why the notification was not 30 days. The City Attorney and staffmember Franklin explained that this language was consistent with state code. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. A public hearing was held on an ordinance to amend the Zoning Ordinance to allow the Board of Adjustment to permit all required off-street parking for private uses in a municipal facility under certain circumstances. Jay Stein, representing Riverside Community Theater, appeared in support of the ordinance and pointing out the immediate need for passage for his group. Larson noted his concern that the ordinance permitted the decision to be made by the Board of Adjustment and not the City Council, stating he felt parking was a City Council issue. Minutes Council Activities July 31, 1990 Page 4 Moved by Larson, seconded by Kubby, that an ordinance to amend the Zoning Ordinance to allow the Board of Adjustment to permit all required off-street parking for private uses in a municipal facility under certain circumstances, be given first vote for passage. Moved by Larson, seconded by Kubby, to amend the ordinance to have the decision -making power be with the City Council rather than with the Board of Adjustment. McDonald stated he felt the question would be addressed infrequently and that a City Board was already in place to handle the matter. Courtney noted that there are other parking decisions already being addressed by the Board. Kubby noted that the difference is that the Board currently does not deal with questions relating to municipal lots. Larson stated that the matter has come up once and that it will probably come up again and would like the Council to address the questions rather than the Board of Adjustment. Staffmember Franklin noted that the public hearing had been closed and to amend the ordinance would require resetting of a public hearing and timing is critical to Riverside Theatre. After discussion Larson and Kubby withdrew their motion to amend but requested the matter be scheduled for further discussion shortly. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. Moved by Courtney, seconded by Horowitz, that ORD. 90-3465, Bk. 32, p. 20, AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON CERTAIN PROPERTY LOCATED SOUTH OF COURT STREET EXTENDED, EAST OF SCOTT BOULEVARD AND NORTH OF SCOTT PARK FROM RS (COUNTY) TO RS-5 (Scott Boulevard East, Part 1), be passed and adopted. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the ordinance adopted. Moved by Kubby, seconded by Larson, to adopt RES. 90-138, Bk. 104, p. 138, APPROVING THE PRELIMINARY PLAT OF SCOTT BOULEVARD EAST, PART ONE, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. Moved by Kubby, seconded by Larson, to amend the resolution to include language that approval is subject to a covenant being placed on Lots 27, 28, 29 and 30 to provide for preservation of 14 trees and there be no subdivision of Lot 30. Larson noted the cooperation of developer Bruce Glasgow in this matter. The Mayor declared the motion to amend carried unanimously, 6/0, Ambrisco absent. Affirmative roll call vote on the resolution as amended carried unanimously, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. The Mayor noted that the next item on the agenda was the approval of the final plat for Westport Plaza and stated it was his understanding that the legal papers were now in order but the construction papers were not approved. City Attorney Gentry stated that was correct. The Mayor said no final FAA approval had been received, asked the item be deferred pending final approval by the FAA. The City Attorney noted a fax had been received from the applicant waiving the 60 day requirement. Moved by Kubby, seconded by Novick, to defer the resolution approving the final plat of Ruppert Subdivision, Part Two, including a resubdivision of Lot 1, Ruppert Subdivision, Part One, Iowa City, Iowa (Westport Plaza). The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. City of Iowa City MEMORANDUM Date: May 31, 1990 To: Planning & Zoning Commission From: Melody Rockwell, Associate Planner Re: Board of Adjustment Request to Shorten Public Notice Period Section 36-91(e)(2) of the Zoning Ordinance requires that the notice of the time and place of hearings shall be published in a paper of general circulation not more than 30 nor less than 15 days prior to the hearing. The Iowa Code does not cite a specific public notice period for Board of Adjustment meetings. However, Section 21.4 of the Iowa Code specifies that reasonable notice of official meetings open to the public shall be given at least,24 hours prior to the commencement of the meeting. Frequently staff experiences difficulty in meeting the 15 day publication deadline, because the time between when the applications are due and when the public notice must be submitted to the Press -Citizen is often less than 24 hours. The time constraint becomes particularly severe during holidays. The Board of Adjustment _unanimously recommended at its January 10, 1990, meeting, that Zoning Ordinance Section 36-91(e)(2) be amended as follows: Public notice. The notice of the time and place of hearing shall be in a paper of general circulation not more than 39 20 nor less than 4-5 7 days prior to the hearing. The Board concurred that an Ordinance amendment to stipulate seven days as the number of days that the public notice must be published prior to a Board meeting would provide sufficient, timely notice to the public, be consistent with the public notice period of other City Boards and Commissions, and make it possible for staff to process applications and submit public notices in time to meet Code -required deadlines. An excerpt of the January 10, 1990, Board minutes regarding this matter is attached for your information. The Board requests favorable disposition of this recommendation by the Planning & Zoning Commission. i Approved by4na t Schmeiser, Director Department of Planning & Program Development bdw2-2 Board of Adjustment January 10, 1990 Page 4 CONSIDERATION OF STAFF REQUEST TO SHORTEN PUBLIC NOTICE PERIOD: Rockwell referred to a memorandum dated. January 10, 1990. She indicated that Karin Franklin, Senior Planner, had suggested a reduction of the public notice period for the Board of Adjustment meetings to seven days to be consistent with other City Boards and Commissions. Messier cited previous occasions when special meetings have been required because of the 15-day notice period required by local ordinance, and indicated he agreed with staff's recommendation. Pelton stated that all of the Boards should operate under consistent notice periods. He noted that letters of notification are mailed to neighboring landowners, and in his view, this was the more critical notification. In response to a question from Johnson, Rockwell said the letters are mailed at least one week in advance of the meeting. Galer asked if the notice period was part of the City Code. Rockwell responded that the requirement is part of the Zoning Ordinance and can be amended by a recommendation from the Planning and Zoning Commission to the City Council. MOTION: Messier moved to recommend to the Planning and Zoning Commission that Section 36-91(e) (2) of the Zoning Ordinance be amended to require that the notice of the time and place of public hearings of the Board of Adjustment shall be published not more than twenty nor less than seven days prior to the hearing. Galer seconded. The motion carried by a 5-0 vote. Winegarden announced the next Iowa City Board of Adjustment meeting would be held on February 14, 1990. ADJOURNMENT: Pelton moved and Winegarden seconded the motion to adjourn the meeting at 5:09 p.m. The motion carried by acclamation. Minutes submitted by Mary Jo Neff. David Winegarden, Chairperion Meio oc"I, Secretary AIRPORT COMMISSIONf AIRPORT ZONING COMMISSION IfAo AIRPORT ZONING BD. OF ADJUSTMENT ASSESSOR'S EXAMINING BD. BD. OF ADJUSTMENT '76.or 4v � BD. OF APPEALS )a BD. OF ELECTRICAL EXAMINERS AND APPEALS PklO� BD. OF EXAMINERS OF PLUMBERS lr�i)r 4 �G U BD. OF LIBRARY TRUSTEES BD. OF REVIEW BD. OF TRUSTEES FOR POLICE RETIREMENT BD. OF TRUSTEES FOR FIRE RETIREMENT BROADBAND TELECOMMUNICATION COMM. CITY CONFERENCE BD. CIVIL SERVICE COMMISSION COMMITTEE ON COMMUNITY NEEDS DESIGN REVIEW HISTORIC PRESERVATION COMM. HOUSING COMMISSION HUMAN RIGHTS COMMISSION MAYOR'S YOUTH EMPLOYMENT BD. /%CQ SSH PARKS AND REC. COMMISSION PLANNING AND ZONING COMMISSION PROJECT GREEN /i g RESOURCES CONSERVATION COMMISSION 9 7 RIVERFRONT COMMISSION ��73 SENIOR CENTER COMMISSION Council Activities July 16; 1985 Page 3 A public hearing was held on an amendment to the Sign Regulations of the Zoning Ordinance regarding development signs. Staffinember Karin Franklin present for discussion. Moved by Strait, seconded by Ambrisco, to continue the public hearing to 7/30/85 at the request of the owner/developer. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Strait, seconded by Erdahl, to refer the ordinance approving the preliminary plat/Planned Development Housing Plan for Vista Park Village, as now drafted back to the Planning and Zoning Commission for possible changes. The Mayor declared the motion carried unanimously, 7/0, all Council - members present. Erdahl noted the formal request from the developer for such action. Moved by Strait, seconded by Erdahl, that the Ordinance to amend the flood hazard overlay zone to adopt revised maps and a flood insurance study, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that the ordinance to amend the Zoning Ordinance to revise the notice requirements for the Board of Adjust- ment _actions, be given second vote for passage. The Mayor declared -the Nfiotlon carried, 6/1, Erdahl voting "no". Staffinember Franklin present for discussion. Council requested that the ordinance not be placed on the agenda for final consideration until after the administrative procedure maintaining the 15-day notice in practice is developed and reviewed by the Board of Adjustment and the Council. Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-221, Bk. 87, pp. 592-593, APPROVING THE FINAL PLAT OF KENNEDY'S WATERFRONT ADDITION, PART 2. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract and cost estimate for the FY86 Asphalt Resurfacing Project. No one appeared. Moved by Zuber, seconded by Ambrisco, to adopt RES. 85-222, Bk. 87, p. 594, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE FY86 ASPHALT RESURFACING PROJECT AND AUTHORIZING BIDS TO BE RECEIVED 8/6/85. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on proposed Resolution of Necessity for the FY86 Alley Paving Assessment Project. The following people appeared: Charles Skaugstad, representing The Mansion; Robert Singerman, 1176 Hotz; Jesse Singerman, 1176 Hotz; Harley Rogers, 1150 Hotz, rep. John Oakes and reading a letter from Dr. Tom & Kathryn Lehmann; David Dudley, 1172 Hotz; Marshall Hunter, 704 Ronalds; Terry Vargason, 1112 Hotz; Kris Dudley, 1172 Hotz; Jerald Vickel; and Rita Turner-Sheerin, 1307 Rochester. City Engr. Frank Farmer present for discussion. Moved by Erdahl, seconded by Strait to accept the following correspondence and make it part of the public hearing: Marilyn Zurmuehlen, Gaylord Graham, David Dudley, Omer & Betty Letts, Dorothy Council Activities July 16, 1985 Page 4 Donhoue, Marshall Hunter, Dr. Tom & Kathryn Lehmann, and a number of peti- tions. The Mayor declared the motion carried unanimously, 7/0, all Council - members present. Individual Councilmembers discussed their views on the three alleys included in the project. Moved by Erdahl, seconded by Strait, to delete the alley from Clapp to Parsons from the project. The Mayor declared the motion carried unanimously, 710, all Councilmembers present. Moved by Erdahl, seconded by Dickson, to adopt RES. 85-223, Bk. 87, pp. 595-599, RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE FY86 ALLEY PAVING ASSESSMENT PROJECT, as amended. Affirmative roll call vote unanimous, 710, all Councilmembers present. The Mayor declared the amended resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-224, Bk. 87, p. 600, DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE FY86 ALLEY PAVING ASSESSMENT PROJECT. Affirmative roll call vote unanimous, 710, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 85-225, Bk. 87, pp. 601-602, SETTING PUBLIC HEARING FOR 7/30185, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY86 ALLEY PAVING ASSESSMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held to consider amending Chapter 24, Article VI (Nuisances) of the Code of Ordinances of the City of Iowa City by adding Standards and Procedures for the abatement of inoperable/obsolete vehicles. No one appeared. Moved by Erdahl, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at two Couticil rueeLinys prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and that ORD. 85-3245, Bk. 26, pp. 315-321, AMENDING CHAPTER 24, ARTICLE VI (NUISANCES) OF THE CODE OF ORDI- NANCES OF THE CITY OF IOWA CITY BY ADDING STANDARDS AND PROCEDURES FOR THE ABATEMENT OF INOPERABLE/OBSOLETE VEHICLES, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Strait, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. A public hearing was held on intention to issue Industrial Development Revenue Bonds (Economy Advertising Company Project). Atty. Robert Downer, representing Economy Advertising appeared. Ray Bywater, Chair of the Board and Bill Bywater, President, reviewed sketches of the proposed facility. uouncii Hctivities June 18, 1985 Page 3 Affirmative roll call vote unanimous, 5/0, Dickson and Zuber absent. The Mayor repeated the public hearings as set. Ploved by Ambrisco, seconded by Erdahl, to set a public hearing for 7/16/85 on a resolution to dispose of an alley in Block 1 Manville Heights Addition, to John B. Harper. The Mayor stated staff would review the matter and suggest a new purchase price at the public hearing. The Mayor declared the motion carried, 5/0, Dickson and tuber absent. Moved by Strait, seconded by Ambrisco, to set a public hearing for 7/16/85 on an amendment to the sign regulations to permit facia signs to cover up to 15% of a building wall-, Mayor declared the motion carried, 5/0, Dickson and Zuber absent. Moved by Ambrisco, seconded by Strait, to set a public hearing for 7/16/85 on an amendment to the sign regulations of the Zoning Ordinance regarding development signs. The Mayor declared the motion carried unani- mously, 5/0, Dickson and Zuber absent. A public hearing was held on an ordinance to amend the flood hazard overlay zone to adopt revised maps and flood insurance study. No one appeared. A public hearing was held on a resolution approving the preliminary plat/planned development housing plan for Vista Park Village. The following people appeared: Randall Hill, 3424 Arbor Drive; Alice Werch, 2 Arbor Circle; Beth Hill, 3424 Arbor Drive; Jerry Atkins, 3417 Shamrock; Ted Werch, 2 Arbor Circle; Larry Schnittjer, MMS Consultants; Bruce Glasgow, 834 N. Johnson; Bruce Randall, 3328 Shamrock Drive; Rodney Schultz, 6 Arbor Circle; Loran Hershberger, 2620 Bluffwood Circle; Pam Zehr, 4 Arbor Circle; Vickie Jackson, 3406 Arbor Drive; Jack Fiorito, 3323 Shamrock Drive; Bill Phipps, 3430 Arbor Drive. Staffinembers Beagle and Franklin present for discussion. Darrell Courtney, Planning and Zoning Commission member, stated the vote of the Commission was not 7-0 as the agenda indicated but rather 5-0-2. Council requested plans be presented to them prior to their vote ❑n the matter. The City Attorney will prepare a legal ❑pinion re possible extraordinary vote required by Council. The City Manager will notify neighbors when the matter is scheduled for consideration. Moved by Erdahl, seconded by Strait, to accept correspondence received as part of the public hearing and to note a number of the audience represented the neighborhood. The Mayor declared the motion carried unanimously, 5/0, Dickson and Zuber absent. Moved by Erdahl, seconded by Strait, to adopt RES. 85-184, Bk. 86, p. 553, EXTENDING THE TERM OF THE URBAN ENVIRONMENT AD HOC COMMITTEE THROUGH JULY 1, 1986. Affirmative roll call vote unanimous, 5/0, Dickson and Zuber absent. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-185, Bk. 86, pp. 554-555, REQUESTING THE IOWA DEPARTMENT OF TRANSPORTATION TO PETITION FOR VOLUNTARY ANNEXATION OF CERTAIN PROPERTY WHICH IS PART OF THE IOWA PRIMARY HIGHWAY NO. 1 RIGHT-OF-WAY LOCATED NORTHEAST OF MORMON TREK BLVD. Affirma- tive roll call vote unanimous, 5/0, Dickson and Zuber absent. The Mayor declared the resolution adopted. Council Activities June 18, 1985 Page 4 Moved by Ambrisco, seconded by Baker, that the Ord. to amend the zoning ordinance to revise the notice requirements for Board of Adjustment Actions, be given first vote for passage. The Mayor declared the motion carried, 4/1, with the following division of roll call vote: Ayes: McDonald, Strait, Ambrisco, Baker. Nays: Erdahl. Absent: Dickson, Zuber. A public hearing was held on plans, specifications, form of contract and estimate of cost for the construction of the Burlington Street Bridge Reconstruction Project. The City Manager stated actual construction will not begin until September after completion of work on the Iowa Avenue bridge. No one appeared. Moved by Erdahl, seconded by Strait, to adopt RES. 85-186, Bk. 86, p. 556, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON STREET BRIDGE RECONSTRUCTION PROJECT. Affirmative roll call vote unanimous, 5/0, Dickson and Zuber absent. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of the Sidewalk Assessment Pro- ject-FY86. Rita Frantz, 1320 Rochester Avenue, appeared and requested Council realign the proposed sidewalk to maintain her existing fence and retaining wall. After discussion Council decided to proceed with the sidewalk as outlined in the original plans. Moved by Erdahl, seconded by Ambrisco, to adopt RES. 85-187, Bk. 86, pp. 557-561, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE SIDEWALK ASSESSMENT PROJECT - FY86 AND AUTHORIZING BIDS TO BE RECEIVED 7/9/85. Affirmative roll call vote unanimous, 5/0, Dickson and Zuber absent. The Mayor declared the resolution adopted. A public hearing was held on the proposed fare increase for Iowa City Transit. The following people appeared: Jeff Cox, 112 S. Dodge; Max Yocum; Phil Nychay; Karen Kubby, 914 S. Dubuque. Staffinember Jeff Davidson appeared for discussion. Individual Councilmembers expressed their views. Moved by Ambrisco, seconded by Zuber, to adopt RES. 85-188, Bk. 86, p. 562, AUTHORIZING A FARE INCREASE FOR IOWA CITY TRANSIT. The City Manager will meet with staff to discuss the process and time frames for a complete study of the transit system. Council requested monthly ridership figures compared to prior year figures. The Mayor declared the resolution adopted, 4/1, with the following division of roll call vote: Ayes: Erdahl, McDonald, Ambrisco, Baker. Nays: Strait. Absent: Dickson and Zuber. Moved by Ambrisco, seconded by Strait, to adopt RES. 85-189, Bk. 86, pp. 563-567, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH THE ECONOMY ADVERTISING COMPANY, for issuance of not to exceed $1,800,000 Industrial Revenue Bonds. Bill Bywater, President of Economy Advertising, appeared. Affirmative roll call vote unanimous, 5/0, Dickson and Zuber absent. The Mayor declared the resolution adopted. Council Activities June 4, 1985 Page 2 85-156, pp. 402-405, AUTHORIZING CONTRACT FOR PROJECT HEAD START WITH THE HAWKEYE AREA COMMUNITY ACTION PROGRAM, INC., FY86 funding $2,277; RES. 85-1579 pp. 406-409, AUTHORIZING CONTRACT FOR YOUTH SERVICES WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM, FY86 funding $29,000; RES. 85-158, pp. 410-412, AUTHORIZING CONTRACT WITH THE RAPE VICTIM ADVOCACY PROGRAM, FY86 funding $9,765; RES. 85-159, pp. 413-417, AUTHORIZING CONTRACT FOR YOUTH SERVICES WITH UNITED ACTION FOR YOUTH , FY86 funding $38,592; RES. 85-1609 pp. 418-421, AUTHORIZING CONTRACT FOR NEIGHBORHOOD SERVICES WITH WILLOW CREEK NEIGHBORHOOD CENTER, FY86 funding $9,400; RES. 85-161, p. 422, ACCEPTING THE WORK FOR PAVING AND STORM SEWER FOR HUNTER'S RUN SUBDIVISION, PARTS 2 & 3, Phase 1. Correspondence: Chairperson of the Riverfront Comm. re Mayor's proclamation of Iowa River Month; Eve Casserly and Bridget Baschnagel re the proposed sidewalk for 7th Avenue Court, referred to PPD for reply. Memos from the Civil Service Comm. submitting certified list of appli- cants for the following positions: Maintenance Worker II -Pollution Control; Clerk/Typist - Police Front Desk; Body Repair Mechanic -Equip- ment; Meter Reader - Water; Maintenance Worker III - Parking; Clerk/Typist - Police Records; Maintenance Worker I - Recreation; Housing Inspector - Housing & Inspection Services. Memos from the Traffic Engr. re: Stop sign at West Side Dr./Mormon Trek Boulevard; Stop sign at Duck Creek Dr./Rohret Road; Stop sign at Deerfield Dr./Rohret Road. Applications for Use of City Plaza: University of Iowa Ftd. to have remote broadcast for Children's Miracle Network Telethon from City Plaza on 6/2, approved. Applications for Use of Streets and Public Grounds: Sherry King for a Father's Day Run on 6/16, approved. Thomas Moor for use of Blackhawk Minipark to distribute information on 5/24 & 6/7, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Strait questioned if the remaining side of the Burlington Street bridge would be two-way traffic during reconstruction. Asst. City Engr. Gannon replied it would be and noted construction would begin in mid -September and not August as indicated on the agenda. The Mayor repeated the public hearings as set. Moved by Ambrisco, seconded by Dickson, to set a public hearing for 6/18 on an ordinance to amend the flood hazard overlay zone to adopt revised maps and flood insurance study. The Mayor declared the motion carried unani- mously, 7/0, all Councilmembers present. Moved by Dickson, seconded by Ambrisco, to set a public hearing for 6/18 on an amendment to the Sign Regulations of the Zoning Ordinance re develop- ment signs. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on an amendment to the Zoning Ordinance to revise the notice requirements for Board _of Adjustment actions. Merle Trummel, 314 West Benton, appeared opposing the change to not less than 7 days and suggested 10 days. Staffinember Franklin present for discussion. Printers fee Ste[ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN. a news- paper published in said county. and that a notice, a printed copy of which is hereto attac ed, was published in said paper timetsl. on the fol- lowing datetsi: Cashier Subscribed and sworn to before me thi's t4 day of. , A.D. Notary Public No.�is_L� O • a��lcrat Puae_rcnrraN . NOOTICE OF PUBLIC NEARING NOTICE OF PUBLIC HEARING TO CONSIDER pN NANCElSTO CHANGE THE IOWA CITY ZONING QRDI- MENCE TO THETHE PL+B,LIC NOTICE RE MIENTS FOR THE RD OF ADJUST IS her y hearing will held veo that a public Of Iowa City. Iowa, Y the City Council ath at 7.30 p.on, on the ~r Chambers pn June, 1985, in the Council Iowa which. ivic Center, Iowa *City at wAich•hearing the COunciT wil{- cansider In ordinance to amens the Toning Ordinance to change the public notice reQuirents for the Board o; Adjustaent. COPies of the PrOPOW ordinance are on fire for public examination at the office of the City Clerk, Cfvic City, Tow, Per;ons +�ishi Center, Iowa views know or to suggest hangesafart�fzr Council eOnsideratian before the Ordinance is adopted MARIAM K. wear at the hearing, GOW KARR, CITY CLERK May 25, 1* I_