Copy of Ordinance 622

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

REGULATIONS

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hereby repealed in part and the following adopted in lieu thereof: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

this chapter.

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.

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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