Ordinance 622 amending Chapter 165 - Zoning Regulations
ORDINANCE NO. 622
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF CLARION, IOWA, 2022, BY AMENDING CHAPTER 165: ZONING
BE IT ENACTED by the City Council of the City of Clarion, Iowa:
SECTION 1. SECTION MODIFIED. Chapter 165: Zoning Regulations of the
Code of Ordinances of the City of Clarion, Iowa, 2022, more specifically Section 165.24, is
hereby repealed in part and the following adopted in lieu thereof:
165.24 PERMIT REQUIRED.
No person shall reconstruct or install a driveway or driveway extension unless such person
has obtained a permit from the City and has agreed in writing that said reconstruction or
installation will comply with all ordinances and requirements of the City for such work. If in
conjunction with another permit, no fee shall apply. All other circumstances shall require a
fee for said permit, in an amount as time to time fixed by the Council by resolution, which
shall be paid prior to approval by the Zoning Administrator. Any driveway or driveway
extension which is reconstructed or installed subsequent to the effective date of this ordinance
may be subject to reconstruction or removal if it does not conform to the standards set forth in
1. Investigation. The Zoning Administrator shall investigate each application so filed and
within seven calendar days make a determination as to whether the application is allowed
under the City’s Zoning Ordinance.
2. Grounds for Denial. If after such investigation of the application, it is determined by the
Zoning Administrator that the proposed driveway or driveway extension does not conform to
the general appearances or allowable uses of this chapter, the application shall be denied.
3. Conditions for Approval. As a condition to approving an application, the Zoning
Administrator may require changes in the material, design, or plan of the project contemplated
or its location upon the property described.
4. Suspension or Revocation of Permits. The Zoning Administrator may, for cause, suspend
or revoke any permit issued by serving notice thereof on the permit holder and in such event
all work and operations under the permit shall immediately cease until the cause of
suspension or revocation has been adjusted. The permit holder shall have no claim against the
Zoning Administrator or the City in damages for such suspension or revocation.
5. In the event the application for permit is denied by the Zoning Administrator, the
applicant may appeal that denial to the Board of Adjustment.
6. Cost of Appeals. Should an applicant wish to appeal any decision of the Zoning
Administrator to the Board of Adjustment, the appeal shall be in writing, filed with the Clerk,
and a fee, in an amount as time to time fixed by the Council by resolution, shall be paid.
7. Council Approval. All permits approved by the Zoning Administrator and special
exceptions and/or variances approved by the Board of Adjustment shall be submitted to the
Council for final approval. No such permit, special exception, variance or rezoning shall take
effect until such Council approval.
8. Time Limits. Work for which driveway or driveway extension permits are issued under
the provisions of this chapter must begin within six months of the date said permit is approved
and said work must be completed within one year. Extensions of the time limits can only be
approved by the Council.
9. Liability. The fact that the City issues said driveway or driveway extension permit in no
way makes the City, or its representatives, liable in the event the applicant fails to comply
with any other rules or regulations that may apply to such construction, change or remodeling.
SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 3. SEVERABILITY CLAUSE. If any section, provision or part of this
ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the
validity of the ordinance as a whole or any section, provision or part thereof not adjudged
invalid or unconstitutional.
SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect after its final
passage, approval and publication as provided by law.
Passed and adopted this __________ day of ____________, 2023, and approved this