a guide to common planning and zoning procedures · 2 a guide to common planning and zoning...

A Guide to CommonPlanning andZoning Procedures

PM 1354 Revised January 2000

Prepared by Stuart H. HuntingtonExtension to CommunitiesPlanning and Development Speicalist

Table of ContentsPage

Introduction 1

Understanding Planning and Zoning 1

Summary 2

Common Zoning Procedures 4

Zoning Amendments 4General Procedural Steps 4Checklist 5Zoning Excuses 7

Zoning Approval 7General Procedural Steps 8Checklist 8

Site Plans 9Checklist 9

Zoning Violations 10General Approach 10Traffic Ticket Approach 11

Special Exceptions 12General Procedural Steps 12

Variances 13

Interpretations 14

Public Hearings 14General Hearing Procedure 15Hearing Records 16

Common Zoning Problems 18

The Need for Periodic Assessment 19

Summary 20

IOWA STATE UNIVERSITY EXTENSION TO COMMUNITIES ✶ 1

The planning and zoning process directly affectsthe lives of more than 85 percent of all Iowansbecause they live in cities or counties that haveprepared comprehensive plans and/or adoptedzoning ordinances. Yet it is easy for people whoencounter this process to become confused bythe labyrinth of terms and procedures. This isequally true for local elected officials, thoseappointed to serve on boards of adjustment orthe planning and zoning commissions, orcitizens with concerns about planning andzoning. This guide is designed to explain theplanning and zoning puzzle and to describesome common zoning procedures.

Every Iowa jurisdiction that adopts planningand zoning does so according to the state en-abling legislation which passes the state’sauthority for planning and zoning to the locallevel. This legislation may be found in Chapter335 (county enabling legislation) and Chapter414 (Municipal enabling legislation) of the IowaCode. So, while the provisions of local planningand zoning regulations vary widely according tolocal desires and conditions, the proceduresshould be similar in all Iowa cities and counties.

Understanding Planningand ZoningCommunity planning is not much different fromthe planning that all of us do in the course ofour daily lives. We plan for our future careers,we plan ahead for vacations and other impor-tant events and we make plans that involvefriends and family. When we plan with otherpeople, however, things become more complex.There is a need to check with all those who willbe affected by these plans. Doubtless someconflicts will arise and need to be resolved.

People have hopes and dreams for their commu-nities just as they do for their individual lives.These aspirations can be formulated into awritten plan for the community. But care mustbe taken to involve all interested citizens anduse open processes so that competing interestsand points of view may be heard and accommo-

dated. Important background data about thelocal population and economy must also beconsidered. The final document resulting fromthis planning process is usually referred to asthe comprehensive plan. Such a plan acts as aguide for future development of the community.

Zoning is the most important tool to implementthe comprehensive plan. Zoning works byregulating various aspects of how land may beused.

Its name derives from dividing the communityinto zones (also called districts). Certain uses ofland are permitted in each zone according tospecific standards. There are a number of objec-tives that may be achieved through zoning.These include:

• conserving and protecting property values bypreventing incompatible land uses fromlocating in a given area;

• encouraging efficient and orderly develop-ment patterns to facilitate adequate andeconomical provision of public improvements;

• limiting overcrowding of land and congestionof population, transportation systems andother public facilities;

• facilitating the adequate provision of transpor-tation, water, sewage disposal, schools, parks,and other public requirements; and

• preserving the availability of agricultural landand protecting the soil from wind and watererosion.

Introduction

2 ✶ A GUIDE TO COMMON PLANNING AND ZONING PROCEDURES

Zoning helps to achieve these objectives bycontrolling land uses, population density,building height and bulk, lot sizes, yards andopen spaces, setbacks, and accessory uses. Avariety of regulations may be established tocarry out the specific purposes stated for eachzone, although within each zone all propertiesreceive similar treatment.

A zoning ordinance consists of two distinctparts—the district map and a written text. Thetext sets out the purposes, uses, and regulationsfor each district and the standards for specialland uses and for administration of the ordi-nance. The map graphically depicts the locationof all zoning districts within the city or county.

Zoning typically seeks to achieve its objectivesby grouping compatible uses within a districtand thereby separating incompatible uses. Usesof land are typically incompatible if one useresults in negative consequences for adjacentproperty. This may occur if residential useadjoins a land use that produces large amountsof noise, dust, odors, traffic, or smoke.

Together the community plan and relatedzoning ordinance should establish an orderlyland use pattern for residential areas, businessdistricts, transportation facilities, utilities, otherpublic facilities, and services. An appropriatebalance of various land uses within the commu-nity is typically sought. Likewise, grouping landuses with similar needs or direct relationships toeach other helps maximize efficiency and mini-mize friction, while protecting land values andreducing public service costs. For example,schools and parks are good neighbors for resi-dential areas; intensive commercial or industrialdevelopments may not be.

Although zoning regulations restrict howproperty owners may use land, zoning protectseach property owner from the uncontrolledactions of others. Without zoning, uses of landsuch as junk yards and asphalt batch-tag plantscould be developed adjacent to homes. Whilethese land uses provide valuable services to thecommunity, their appropriate location is notadjacent to residential areas.

Zoning is based upon local goals and helps

ensure that the future which is embodied incommunity plans is built, piece by piece. Thus,zoning controls are a means to an end and notan end in themselves.

SummaryPlanning is . . .

a process of developing goals and objectives bywhich a city or county decides what kind offuture it wants and then establishes the policiesand management tools to help in reaching thatfuture.

A comprehensive plan is . . .

a document that sets forth long-range goalsintended to guide the growth and developmentof the community or region. It includes analysis,recommendations and proposals for the futuredirection of the locality’s population, economy,housing, transportation, community facilities,and land use.

Zoning is . . .

• a means for avoiding land use conflicts be-tween one neighbor and another.

• a tool used to ensure that new uses and struc-tures will have characteristics generally com-patible with others in the area.

• a way of promoting the welfare of the commu-nity by guiding its growth along orderly lines.

• a method of implementing the comprehensiveplan.

• a legal and enforceable document that isprepared by the planning and zoning commis-sion and adopted by the legislative body(board of supervisors or city council).

Zoning can only be effective if it is . . .

• based on a sound understanding of thecommunity’s needs and reflects citizens’desires and concepts of what the communityshould be;

• used with competent legal and other technicalassistance as needed;


• based on a properly structured and enactedzoning ordinance;

• consistently, fairly, and impartially adminis-tered and enforced;

• administered in strict compliance with proce-dures required by statutes and all proceduresspecified in the zoning ordinance;

• periodically reviewed and updated;

• understood and supported by the public; and

• an integral part of the mechanisms adopted bythe community to implement communityplans and growth management programs.

Zoning cannot . . .

• cure all local ills;

• be used to support any economic, racial, orreligious group;

• enforce private deed restrictions;

• solve all neighborhood feuds;

• guarantee an Eden untouched by machines,wandering dogs, or other noisy participantson the local scene;

• be used as a device for enforcing narrowlyparochial views of style, color, texture, orshape;

• totally restrict the location of group homes forthe “developmentally disabled;” or

• completely prohibit mobile homes or manu-factured housing.

Zoning is not a weapon to be used in the politi-cal arena to assist supporters or punish oppo-nents. Neither is it a scale on which the thumbrests in favor of friends and to the detriment ofstrangers.

Zoning isn’t a popularity contest. Where well-considered planning requires an action, itshould be taken even in the face of anguishedoutcries at public hearings. Head counts don’thelp; reasonable debate does.

“Stating the facts”


There are generally three broad phases throughwhich all zoning requests must pass: applicationor submission; investigation–evaluation(fact-finding and analysis); and final action.Throughout each phase in the process, properand defensible zoning administration requires(1) responsible communication, (2) diligentrecord keeping, and (3) consistent adherence toall specific procedural requirements and stan-dards found in the local zoning ordinance andthe state enabling legislation.

Zoning AmendmentsWhen a property owner or local official seeks achange in the provisions, rules, or requirementsof the zoning ordinance (text change), or achange in the mapping of district boundaries(rezoning), a zoning amendment is required.

Amendments, as legislative actions, must followthe same route required for the adoption of theoriginal ordinance. This means that the pro-posed amendment should be considered care-fully in view of adopted local land use policiesand plans. The review should establish thecompatibility of the proposal with adoptedcommunity policies, plans, and existing andfuture land use.

Zoning administrator

General Procedural Steps

The general procedural steps for proposingzoning changes are as follows:

1. The applicant:

a) inquires of the zoning administrator howone must proceed and obtains the appli-cation form.

b) completes and files the application formalong with any required fee (and othersupporting documentation) to the zon-ing administrator.

Zoning commission, sometimes called planningand zoning commission

2. The zoning commission:

a) reviews the amendment application andstudies the appropriateness of the pro-posed amendment. Study is based onestablished planning and zoning criteria,as set forth in the zoning ordinance andcommunity plans.

b) schedules a public hearing on the re-quest. (This is optional under the Codeof Iowa.)

c) transmits the application and a summaryreport to the governing body. The reportshould include:

1) a summary of the comments received

Common Zoning Procedures


a) Is the proposed use already provided forelsewhere in the ordinance?

b) Is the proposed use compatible with usesalready permitted in that district?

c) Does the proposed use relate well to thecomprehensive plan? Does the proposeduse contribute to the character of devel-opment envisioned in the plan?

d) Does the proposed use relate well to thespirit and intent of the ordinance and tothe objectives of the zoning district?

e) Is the proposed use appropriate through-out the district?

f) Is the proposed use most appropriate inthe district if permitted as a specialexception?

g) Is there a need to add the proposed useat all?

2. For amendment applications to add a new useor to change or add additional regulations orstandards to the district, it is appropriate todetermine:

a) Does the proposed rule change or addi-tion help reinforce the land use plan?

b) Is the proposed rule change or additionin keeping with the spirit and intent ofthe ordinance and with the objectives ofthe zoning district, or does it go exces-sively beyond the intent and objectives?

c) What is the problem or issue that thechange is intended to address? Can thisbe accomplished in another, more appro-priate fashion? Is it a new response tonew problems not addressed in thezoning ordinance?

3. For rezoning requests to change, create,extend or reduce a mapped zoning district, it isappropriate to determine:

a) Is the use more appropriately handled asa special exception in that district? Doesthe district already provide for this useas a special exception?

from the public either presented inwritten form or at a public hearing, ifone was held.

2) detailed findings concerning theapplication based on planning andzoning criteria and any other concernsthat have been raised.

3) a recommendation for action that issupported by the above findings andconcerns.

3. The governing body (the board of supervisorsor the city council):

a) must hold a public hearing so that theviews of interested citizens may beheard.

b) following the required public hearing,may adopt or reject the proposed amend-ment, or refer it back to the zoningcommission for further study and a newrecommendation.

Checklist

In order to help zoning commissions and gov-erning bodies objectively determine whether aproposed zoning amendment is appropriate, thefollowing questions could be considered:

1. For amendment applications to add addi-tional uses to a zoning district classification, it isappropriate to determine:


b) Are there substantial reasons why theproperty cannot be reasonably used aszoned?

c) Is the proposed zone change supportedby the adopted land use plan?

d) Would the change of present districtboundaries be consistent in relation toexisting uses?

e) Would the change severely impacttraffic, public facilities and the naturalcharacteristics of the area or significantlychange population density? Is thechange consistent with the purposes forwhich zoning is adopted?

f) Would the rezoning constitute a “spotzone,” granting a special privilege to onelandowner not available to others?

g) Is the change contrary to the establishedland use pattern? Will it adversely affectproperty values?

h) Has there been a change of conditions inthe area supporting the proposed rezon-ing?

i) Are adequate sites, properly zoned,available elsewhere to accommodate theproposed use?

j) Is the proposed change out of scale withthe needs of the community?

k) If the change is approved, what will bethe probable effect on stimulating similarzoning requests in the vicinity? Wouldthis secondary effect negatively impactcommunity plans and public services?

l) Is the proposed change precedent set-ting?

m) Is the proposed boundary appropriate?

n) Was there a mistake in the originalzoning classification?

4. Thus, for any amendment request, it is appro-priate to give careful attention to the following:

a) the effect of the proposed amendment on

the comprehensive planning of the entirecommunity;

b) the changes in community characteristicsthat may take place because of theproposed change;

c) the relative effectiveness or ineffective-ness of the present construction of theordinance, and what specific improve-ment the proposed change will make;

d) whether justification for a change exists,such as whether a change in conditionshas taken place since the original zoning,or whether a mistake was made in theoriginal zoning;

e) whether the amendment is designed tocorrect an improper situation or whetherit would result merely in the granting ofspecial privileges;

f) whether an inappropriate precedent willbe set;

g) whether the proposed change is consis-tent with the intent and purpose of theordinance;

h) whether the proposed change is consis-tent with the Code of Iowa;

i) whether there are any “red tape” impli-cations of the change;

j) whether the change is exclusionary; and

k) whether the change is reasonable.

As a general rule, most of these concerns areembodied in the following question whenrezonings or district use changes are at issue: Isthe proposed class of use appropriate in theproposed location (district)?

If these factors are carefully considered andsufficient data are available for evaluation, asound recommendation will result. In somecases, it may be necessary for special studies andsurveys to be made in order to obtain enoughinformation to answer these questions. Whenthis is true, the commission should not hesitateto investigate, making certain that professionaltechnical assistance is used whenever possible.


In the case of a major amendment, such as for ashopping mall, an environmental impact assess-ment is a good technique for ensuring that thesepoints are thoroughly explored. Large scalezoning changes can have far-reaching environ-mental, social, fiscal, and public utility implica-tions. These may greatly affect the communityand should be evaluated very carefully.

Zoning Excuses

Excuses offered for granting rezonings include:

• What is proposed is better than what is there.

• The lot is only a weed patch, this will clear itup.

• You can’t keep a person from using his/herland.

• This will bring in more revenue.

• The owner of the land can get more money forthe land if it is rezoned to commercial.

• There are more vehicles on the street thanwhen he built there or bought the property.

• I promised the people if I were elected I wouldkeep taxes down.

• They are too big an outfit, we can’t deny therezoning.

• He is just an old man trying to make a living,this won’t really hurt anyone.

• Service stations provide quick urban renewal.

• We have to bring commerce and industry in

today, and not worry about a plan for tomor-row.

• I promised the people if I were elected I wouldbring commerce and industry into our cityand this will be a start.

• We approved the commercial rezoning for theother fellow, how can we deny this one?

• We don’t have any right to say where commer-cial or industrial developments should go.

• He invested a lot of money in this land andthese proposals thinking the rezoning wouldbe granted, how can we deny it?

• There is commercial zoning on the othercorner, how can we deny it on this corner?

• Like his attorney said, it’s probably “unconsti-tutional,” and we don’t know for sure.

• We don’t want to have to go to court, after allit really doesn’t look so bad.

Zoning ApprovalUnless a particular use or structure is specifi-cally exempted, zoning approval, usually in theform of a zoning permit, is necessary:

1. prior to construction of a new structure oraddition to either a principal structure or to anaccessory structure.

2. prior to changing from one use of land to adifferent use.

3. prior to moving a prebuilt structure onto aparcel.


4. prior to changing certain accessory uses ofland such as parking areas or signs.

Note: A change in occupancy or ownership of aparcel or structure where the same land use is tobe maintained in the same fashion and to thesame extent, does not usually require a zoningpermit.

General Procedural Steps:

1. The applicant:

a) meets with the zoning administrator toinquire about the ordinance require-ments pertaining to his/her proposeduse of land and to obtain the properapplication forms.

b) completes and submits application alongwith fee and other supporting documen-tation to the zoning administrator.

c) submits the site plan if site plan approvalis required by the zoning ordinance.

2. The zoning administrator:

a) reviews the application:

1) to make sure that it is the properapplication for the zoning action re-quested;

2) to see that all required information issubmitted; and

3) to determine zoning compliance.

b) takes one or more of the followingpreliminary actions:

1) Requests that the applicant submit anyomitted or pertinent and necessaryinformation.

2) If necessary, requests the board ofadjustment to interpret an unclearordinance provision.

3) Reviews site plan (if required) accord-ing to site plan review standards setforth in the zoning ordinance.

4) If required by local ordinance, dis-cusses the application and site plan withthe zoning commission for advisorycomments or approval.

5) Makes a site inspection to verifyaccuracy of the application and to gatheradditional information.

c) takes final action:

1) Approves application (and site plan) ifthe proposed use complies with allordinance requirements and if no specialreview procedure is required. A zoningpermit is issued.

2) Disapproves and rejects application(and site plan) with reasons given inwriting.

Checklist

When reviewing an application for a use orstructure, the zoning administrator will considerhow a number of physical aspects relate to thezoning ordinance. However, because the reviewgenerally involves a simple check for zoningcompliance and no discretion is involved (ex-cept if there is a requirement for site plan re-view), the zoning administrator will look par-ticularly at certain key elements.

Many administrators, especially those in urban-izing areas, have developed these key elementsinto a standardized or systematic review format.Here are some of the common key consider-ations contained in such a format.

All proposed uses and structures to be devel-oped within any zoning district shall be re-viewed to ensure compliance with each of thefollowing ordinance requirements:

1. the proposed use is permitted either by rightor by special exception in the district in whichthe proposed use is to be located;

2. minimum site area requirements of the district(lot size, lot width, lot coverage, required yardsetbacks from water bodies and streams, maxi-mum building height, etc;)


3. minimum building requirements, if any(required area);

4. minimum dimensions of parking space andrequired number of parking spaces;

5. sign requirements;

6. required lighting, fencing, screening, or bufferstrips, if any;

7. all public structural or development ease-ments where such exist;

8. all special standards and conditions appli-cable to the proposed uses or structures that arespecifically provided for in the ordinance; and

9. all general provisions of the zoning ordinanceapplicable to the proposed use or structures.

Site PlansSome ordinances require that a site or plot planor at least a sketch be submitted as part of theapplication for a particular use. The site plan isused to ensure ordinance compliance and tostudy general (on-site) impacts from proposeddevelopment. These impacts include ingress/egress, interior/exterior traffic flow, stormdrainage, erosion, grading of land, landscapingor lighting and parking. A site plan can vary indetail, depending upon the size and complexityof the project, and the administrative needs ofthe local governmental structure. Some siteplans are highly detailed blueprints, while other

site plans may be nothing more than simplesketches affixed to the zoning permit forms.

The importance to the zoning administrator ofhaving a site plan (or sketch) to review cannotbe overstated. The final site plan in effect docu-ments that the applicant is knowledgeable of theregulations and is in compliance with them.Also, once a permit is granted based upon thefinal site plan, the approved site plan thenserves as an enforcement tool.

Site plan review is most often not a separatezoning procedure, but instead is a part of an-other review process, such as review to receive azoning permit, to obtain a special land usepermit, or in relation to a request for a variance.

Procedural steps in reviewing site plans varytremendously. The zoning ordinance shouldspecify the procedures and requirements for thesubmission and approval of site plans. Decisionsrejecting, approving, or conditionally approvinga site plan must be based upon requirementsand standards stated in the ordinance. If a siteplan complies with the ordinance requirements,it must be approved. Once approved, the siteplan becomes a part of the record of approvaland subsequent actions relating to the activityauthorized must be consistent with the ap-proved site plan, unless a change conforming tothe zoning ordinance receives the mutual agree-ment of the landowners and the individual orbody that initially approved the site plan.

Checklist

In making rational, defensible decisions and insetting forth conditions for permit approval,uniform review criteria should be employed.The following is an example of typical criteriacurrently in use. These criteria presume that anordinance contains standards, similar to thosecited, that must be complied with to gain zoningapproval.

The site plan is reviewed in order to determine:

1. that the proposed use conforms to the usespermitted in that zoning district;

2. that the dimensional arrangement of building


and structure conform to the required yards,setbacks and height restrictions;

3. that the proposed use conforms to all use anddesign provisions and requirements (if any) asfound in the zoning ordinance for specifieduses;

4. that there is a proper relationship between theexisting and proposed streets and highwayswithin the vicinity in order to assure the safetyand convenience of pedestrian and vehiculartraffic;

5. that the proposed on-site buildings, structuresand entry ways are situated and designed tominimize adverse effects (upon owners andoccupants of adjacent and surrounding proper-ties) by providing for adequate design of in-gress/egress, interior/exterior traffic flow, stormdrainage, erosion, grading, lighting, and parkingas specified by the zoning ordinance or statelaw;

6. that natural features of the landscape areretained where they can enhance the develop-ment on the site, or where they furnish a barrieror buffer between the project and adjoiningproperties (used for dissimilar purposes) orwhere they assist in preserving the generalsafety, health, and appearance of the neighbor-hood, e.g., controlling erosion or the dischargeof storm waters, etc.;

7. that adverse effects of the proposed develop-ment and activities upon adjoining residents orowners are minimized by appropriate screening,fencing, or landscaping (as provided or requiredin the zoning ordinance);

8. that all buildings and structures are accessibleto emergency vehicles; and

9. that the site plan as approved is consistentwith the intent and purposes of the zoningordinance which are to promote the publichealth, safety and general welfare, to encouragethe use of lands in accordance with their charac-ter and adaptability, to avoid the overcrowdingof population, to lessen congestion on the publicroads and streets, to reduce hazards of life andproperty, and to facilitate existing local land useand development plans.

Zoning violation

Zoning ViolationsThere will come a time in every communitywhen the zoning ordinance is violated. Whetherthis is intentional or unintentional is of littleimportance. The credibility of successful zoninglies not only in the ability to administer it rea-sonably and fairly, but also in the ability toenforce zoning requirements. Many violations ofzoning are voluntarily reported by alarmedresidents, concerned citizens, or public officials.The following is a discussion of methods ofenforcing zoning and handling violators.

Zoning Enforcement. This section discusses twoalternative approaches to dealing with zoningviolations. The first is an example of a generalapproach; while the second exemplifies a zoningsummons approach that can be used by somecommunities where violations may be toonumerous or too costly to prosecute to the fullextent of the law. In any case, the primarypurpose is to gain compliance with local ordi-nances. All those charged with enforcementresponsibilities should first try to achieve com-pliance through inspection, notification, andgranting of reasonable time to comply. Onlywhen all reasonable efforts have failed and alladministrative remedies have been exhaustedshould enforcement officials take strongermeasures.

General approach

1. A suspected zoning violation is reported or


identified.

2. The zoning administrator:

a) makes a preliminary visit to the site toidentify a zoning violation. If no viola-tion is found, the matter is documentedand the case closed. The person contact-ing the city or county about the sup-posed violation should be informed ofthe outcome.

b) if a violation is found, documents it andthe facts supporting this conclusion. Aphoto showing date, time, place, andsigned by the observer can be veryhelpful.

c) meets with the landowner to discuss theviolation.

1) The zoning violation is explained.

2) Remedial measures to correct violationare concretely identified for the land-owner.

d) issues a notice of violation (after themeeting) to the violator with one copy tobe filed. The notice documents:

1) the zoning violation,

2) the meeting,

3) measures to be taken to correct viola-tion, and

4) a (uniform) period of time givenwithin which to correct the violation.

e) reinspects the site, upon expiration of thetime period. If compliance is shown, thezoning administrator so signifies on thefile copy and on the violator’s copy ofthe notice of violation. The matter isresolved.

However, if the zoning violation stillexists after the expiration of the timeperiod, the zoning administrator mayproceed in the following manner:

f) schedules a hearing to be held by the citycouncil or board of supervisors.

g) issues a second notice of violation to theviolator. The notice:

1) advises that a hearing before thegoverning body had been scheduled,

2) gives the date of the hearing,

3) requires that the violator or his/ heragent appear in order to show cause asto why the governing body should notproceed in court to prosecute the viola-tion, and

4) states that correction of the violationprior to the hearing date will automati-cally void the requirement of a hearingbefore the governing body.

The “Traffic Ticket” Approach

A code enforcement approach is available toIowa cities and counties. The Iowa Code autho-rizes local communities to treat violations as acivil offense punishable by a civil penalty (fine)and to establish an infraction citation approach(sometimes referred to as the traffic ticketapproach). The law allows civil penalties not toexceed $100 for the first offense and penaltiesnot to exceed $200 for each repeat offense.

The zoning administrator, any employee, or anyother official authorized by a community mayissue an infraction citation to a person whoviolates an ordinance. This approach is usefulbecause it allows, in the same action before theMagistrate Division of the District Court, thecollection of a fine and/or alternative relief thatmay include an order for abatement or injunc-tive relief.

Through implementation of this system, codeenforcement can be streamlined. This approachis more efficient and economical than the tradi-tional method of enforcement through costlylitigation. Consistency in enforcement can beimproved because of the ease and directness ofthe process. Enforcement can be more immedi-ate and timely.

The citation approach has been shown to be aneffective way of “getting the attention of theviolator so that correction can be accomplished.


In order to establish this local legislation, sub-stantial preparation must occur. In particular,that preparation should include the followingsteps:

1. Review the local code to identify those viola-tions that warrant the infraction citation ap-proach.

2. Amend the existing code to allow for the civilpenalties approach.

3. Establish and adopt a set of specific proce-dures and forms for administration and process-ing of infraction citations. These forms andprocedures must be accepted by the magistratecourt.

4. Train personnel to implement and administerthe new approach.

5. Inform the public of the new approach.

Special ExceptionsSpecial exceptions are typically described asthose uses of land that may be appropriate andcompatible with existing or permitted land usesin a particular zoning district if care is taken toassure that characteristics of the use underconsideration are compatible with adjacent landuses, the natural aspects of the site, and thegeneral character of the area, including avail-ability of public services and facilities.

Examples of uses often treated as special excep-tions might include hospitals, radio stations, andother uses that may have special requirementsand which are only infrequently requested. TheCode of Iowa stipulates that the board of adjust-ment hear and decide special exceptions. Suchuses must be listed in the text of the ordinance.

General Procedural Steps

1. The person (or public agency or official) whomakes the appeal:

a) inquires to the local zoning administra-tor as to how one must proceed andobtains the appeal form.

b) completes and files the necessary formwith any required fee to the board of

adjustment or official responsible forreceiving such applications. On somematters this might be done within aspecified time, as prescribed by ordi-nance or the rules of the board of adjust-ment.

2. The board of adjustment:

a) reviews the form:

1) to make sure that it is the proper formfor the requested action, and

2) to see that all required information issubmitted.

b) schedules a hearing within a reasonableperiod and gives notice thereof to theparties affected in accord with ordinanceprocedures and any adopted rules.

c) formulates a decision. The board ofadjustment considers the merits for theindividual appeal based on standardsand considerations established in thestatute and as may be embodied in theordinance.

3. The board of adjustment takes final action.

The board of adjustment has all the powers ofthe officer or body from whom the appeal wastaken and may issue or direct the issuance of apermit. The board of adjustment either:

a) grants the appeal wholly or partly;

b) grants the appeal wholly or partly withconditions attached; or

c) denies the appeal.

The board of adjustment must state the factssupporting its reasons for any decisions made.These must be written in the record. A concur-ring vote of a majority of the members of theboard of adjustment is necessary in order to takean action on a matter properly before the board.


A typical variance situation

VariancesThe most common appeals deal with requestsfor a variance from specific ordinance standardssuch as dimensional requirements of the ordi-nance including: yard requirements, setbacklines, lot coverage, frontage requirements, anddensity regulations.

When a board of adjustment considers a vari-ance request, it is important that board memberskeep in mind that the variance authority isdesigned to provide relief to a property ownerfrom an ordinance requirement that is uniquelyaffecting him/her. It is not designed as a tech-nique to grant special favors to some persons.

Almost always people will claim that a variancewill allow them to make more money from theproperty. However, this is not a legitimateargument, since zoning is not designed topermit the most profitable use of land, althoughreasonable use of property must be permitted.Where a number of property owners are facingthe same problem and seek a variance to relievetheir practical difficulty or unnecessary hard-ship, the appropriate remedy is amendment ofthe ordinance by the governing body, and not agreat number of variances by the board ofadjustment.

Where there are practical difficulties or anunnecessary hardship preventing a propertyowner from conforming with the strict letter ofthe ordinance, the board of adjustment has thepower in passing on appeals, to vary or modifyany of its rules, regulations, or ordinance provi-sions by granting variances.

Typically, the following conditions must exist fora variance request to be granted:

1. Dimensional zoning requirements cannot bephysically met by an existing lot due to narrow-ness, shallowness or irregular shape, or topogra-phy or natural characteristics of the site inhibitlawful location of a structure or its accessories(such as septic system, garage, shed).

2. The physical hardship is unique and is notshared by neighboring properties in the samezone. If the board of adjustment finds that thehardship is not unique, but common, amendingthe ordinance or a rezoning should be pursued.

3. The hardship or practical difficulty was notcreated by an action of the applicant and existedat the time of adoption of the requirement fromwhich the variance is requested or is necessaryas the result of governmental action such as aroad widening.

4. The appellant must show that a variance

a) will not be contrary with the intent andpurpose of the zoning ordinance;

b) will not cause a substantially adverseeffect upon adjacent properties;

c) will relate only to the property undercontrol of the appellant;

d) will not jeopardize the preservation of asubstantial right, although the spirit ofthe ordinance shall be observed, publicsafety secured and substantial justicedone;

e) will not essentially alter the character ofthe surrounding area;

f) will not increase the hazard from fire,flood, or similar dangers;


g) will not increase traffic congestion;

h) will not produce nuisance conditions tooccupants or nearby premises, whetherby reason of dust, noise, fumes, odor,vibrations, smoke, or lights; and

i) will not otherwise impair public health,safety, comfort, or general welfare of theresidents of the city or county.

5. The variance is the minimum necessary topermit reasonable use of the land and buildings.

The burden of showing that a variance is war-ranted falls on the applicant. If the board ofadjustment finds the ordinance requirementscan be met or that the criteria for getting avariance have not been met, then a variance isnot warranted.

InterpretationsIn addition to its powers to grant variances andspecial exceptions, the Iowa Code grants theboard of adjustment the power of interpretation.For example, if a disagreement should arisebetween the zoning administrator and a citizenor group of citizens, the board must determinewho is right. The board, in effect must interpretthe meaning of the law as it applies to each casewhere differences occur. This responsibilitycould be described as settling arguments withrespect to the application of zoning.

Public HearingsOne of the most important steps in amendmentprocedures is the public hearing. Public hear-ings provide specific opportunity for citizens tobe heard on zoning matters that may affect theirinterests. It is absolutely essential that requirednotices of public hearings be published/distrib-uted as specified in the zoning ordinance andthe state enabling legislation. At public hearings,it is very important that every interested personbe given the opportunity to be heard.

But this does not mean the process is spontane-ous. A hearing should be conducted in a consis-tent and orderly fashion. The hearing bodyshould not have its decisions governed by thepublic applause meter. The hearing body shouldnot be interested in whether neighbors are infavor or opposed to a given proposal, but ratherin why they feel that way and what relevantinformation they offer within the context ofordinance requirements to assist in making adecision. The primary purpose of the hearing is,of course, to gather facts and information. Thus,a hearing process must be established to ensurethat an open, objective atmosphere exists fororderly presentations. It need not be one ofparalyzing formality; it is not a court proceed-ing.

The need for public confidence in the honestyand integrity of the hearing body dictates that ifany member of the body has even a remoteinterest in the outcome of a proceeding, he orshe should disqualify him-or-herself fromparticipation in the hearing. Obvious conflicts ofinterest would include a financial interest in theoutcome or a close business or family relation-ship with the applicant, his/her attorney or anyexpert witness. The member with a conflict ofinterest should disqualify him/ herself at theoutset of the hearing or sooner if the conflict isidentified. It is not sufficient to participate in thehearing and merely refrain from voting. If thereis a doubt about a conflict of interest, step down.


“Presenting his case”

General Hearing Procedure

The following generalities are suggested as aguide to developing a specific hearing proce-dure. Whatever procedure is developed, theprocedure should be made clear to all in atten-dance and consistently followed. A simplehandout sheet or large board visibly displayedwith the hearing procedure will serve thispurpose well. Hearings should begin preciselyat the time advertised in the notice althoughthey may simply be one element of the agenda.

1. The chairperson shall announce the subject ofthe public hearing, as advertised.

2. The public hearing procedures are summa-rized for all present by the chairperson.

A suggested opening statement might be:

This public hearing to receive public commenton the following matter ___________ in accor-dance with the official notice, is now open. The(name of hearing body) would like to make itclear that it is bound by rules and laws and thatthese are the determinants when weighing thecase. In order to conduct the hearing within areasonable time and to keep to the subject athand, you are asked to observe the followingrules:

• After the staff presentation, the applicant willstate his or her case fully and furnish the(name of hearing body) with pertinent infor-

mation concerning the property.

• Those who favor the proposed change will beheard first, and those opposed will be heardlast.

• Each person making a statement will be askedto state his or her name and address.

• Please refrain from repeating what has beensaid before you, and please do not involvepersonalities.

• Be as factual as possible. It is important thatyou state the reason that you have taken aposition for or against this proposal.

• The (name of hearing body) reserves the rightto question any speaker.

• All statements or questions must be directedto the chairperson. The (name of hearingbody) will or will not make a decision on thismatter at today’s meeting.

3. The staff is then asked to present the sub-stance of the application and any staff reportsand to answer technical questions of the hearingbody.

4. Individuals wishing to speak in support of thesubject of the hearing shall be recognized by thechairperson beginning with the applicant(s) ortheir representative.

5. Individuals wishing to speak in opposition ofthe subject of the hearing are recognized by thechairperson. (If there are numerous people inthe audience who would like to speak on theissue, and all represent the same opinion, it isadvised that a speaker be selected to speak forthe entire group. A representative will thus havethe opportunity of speaking for a reasonablelength of time and of presenting a completecase. If this arrangement cannot be made, it maybe necessary for the chairperson to restrict eachspeaker to a limited time in order that all may beheard.) The hearing body must permit com-ments from all interested or affected individualsand organizations, and it should be stressed thatconsideration will be given to all comments orsuggestions made. Irrelevant and off-the-subjectcomments should be ruled out of order.


6. The chairperson may, within reasonablelimits, upon request, allow cross-examination orrebuttal. All comments should be addressed tothe hearing through the chairperson and notdirected to any other individuals. The hearingbody should refrain from debating or arguingwith persons commenting. The function of thehearing is to gather facts—not to carry on anadversary relationship.

7. The chairperson should upon his/her motionor the motion of any member, announce theclose of the public hearing or announce thecontinuation of the public hearing to anotherspecified time and date if the hour is lateor additional pertinent information must beobtained.

Hearing Records

A hearing record is an absolute necessity. Thequestion is how such a record should be made.Obviously, the most complete record can beobtained by using a court stenographer. How-ever, this is very costly. Many communities haveadopted the practice of tape recording eachmeeting. This low-cost method is usually satis-factory when accompanied with a brief writtensummary of the public hearing comments. It isessential that speakers identify themselves inorder to determine at a later time who saidwhat. Of lesser value are the extensive notestaken by a secretary or clerk to the hearing body.Such notes should be made a formal part of therecord, after their review and correction ifnecessary, by a vote of the hearing body.

A complete record of the hearing will typicallycontain the following:

1. The applicants’ request on a properly com-pleted form.

2. The records of any action on this request byan administrative official or body including allpast records regarding the property such as anearlier request for variance, special land useapproval, or a record or nonconforming status.

3. Records that verify due notice to the appropri-ate parties and to neighboring property owners

have been given. Any newspaper notice and theaffidavit of publishing thereof must also beretained.

4. Any relevant maps, drawings, or photographspresented as evidence, or as a part of the appli-cation and copies of any correspondence re-ceived or sent out with regard to this request.

5. A complete record of all public input made atthe hearing.

6. A record of what the hearing body saw on anyvisit it made to the property in question and asummary of any conversations between thehearing body and parties with an interest in theapplication.

7. A copy of reference to relevant ordinancerequirements.

8. The findings of fact, the conclusions reachedand the recommendation or decisions made bythe hearing body on the request.

9. A copy of any other correspondence to orfrom the petitioner regarding the decision. Thecrucial element of this record is, of course, thefindings, conclusions, and decision (or recom-mendation) of the hearing body. The decisionmust be in writing and include all conditionsthat may be associated with the decision. Thedecision or recommendation should not be amere conclusion or a statement. Each decisionshould be accompanied by specific findings offact. These findings should be related to thespecific standards stated in the ordinance thatthe applicant must satisfy.

It is not sufficient, for example, for a board ofadjustment to merely parrot the general statu-tory requirements that a practical difficulty orunnecessary hardship exists—this is not afinding, it is a conclusion. The facts that led theboard to reach this conclusion consistent withordinance and statutory standards must beidentified to support the conclusions reached.

These decisions run the chance of having tostand up in district court, where detailed find-ings of fact must be presented, and the conclu-sions of law based upon those facts must follow.


It is important that careful consideration begiven to all matters. Clear and uniform hearingprocedures assist a hearing body in properlycarrying out its responsibilities. On occasion,however, the assistance of the city or county

attorney is needed. It should be sought whenneeded. Likewise, before adopting any rules ofprocedure or public hearing rules, the advice ofthe attorney should be sought.


Among typical kinds of problems growing outof lax zoning administration, improper grantingof variance, and inappropriate amendments arethe following:

1. There are many spot zones, comprising onlyone or two lots, whose location is not in accor-dance with a land use plan and inconsistentwith adjacent land uses.

2. The board of adjustment grants too manyvariances without adequate scrutiny.

3. The zoning administrator has issued permitsfor uses that do not meet ordinance require-ments or has failed to make use of occupancypermits to regulate changes in use, or has failedto catty out an active program to detect andprosecute zoning violations.

4. The zoning administration and board ofadjustment tend to rely on complaints or theconsent of neighboring property owners as theprincipal basis for action.

5. A community haphazardly copies anothercommunity’s ordinance.

6. A community prepares or adopts the ordi-nance or amendments without obtaining orconsulting the “public pulse” (the prevailingvalues and attitudes of the public).

7. The community fails to utilize availabletechnical assistance in making rational decisionsin the development of zoning regulations anddistricts.

8. The zoning administrator, zoning commis-sion, legislative body, and board of adjustmentfail to make uniform and consistent decisions onsimilar matters.

9. The zoning map is made to look just like a20-year master plan, rather than reflecting aland use pattern appropriate to just the nextthree to five years of expected development in amanner consistent with the plan.

10. The zoning decision bodies fail to adequatelystate the facts that substantiate the conclusions

they have reached in the record on the matter.

Before any action is taken by an official or bodyresponsible for carrying out a specific zoningfunction, the following guidelines should bekept clearly in mind:

1. Is the application or request before the rightbody or official at this time?

2. Are other alternatives available to the appli-cant that may more appropriately serve his/herneeds as well as the public interest?

3. Have you checked relevant provisions of theordinance, the Iowa Code, and applicable localplans for their guidance on the matter beforeyou?

General reminders to aid decision making:

1. When in doubt, check it out.

2. Don’t delay when the decision can be made.

3. Remember that permits, approvals, andzoning districts apply to property and not theowner.

4. When all standards stated in the ordinancehave been met, the permit must be issued.

5. Consistency is very important, but mistakesshould not be perpetuated.

6. Permits are of little value if there is not moni-toring to ensure continued ordinance compli-ance.

7. At least one member of the body on whichyou serve should be an expert on the ordinancerequirements and on past decisions made.

8. The body on which you serve should adoptand keep current rules of procedure to guide itsactions.

9. A simple public hearing procedure should beadopted, clearly pointed out to citizens at eachpublic hearing, and consistently followed.

10. Good records of all meetings of the body onwhich you serve should be maintained.

Common Zoning Problems


11. All decisions must be documented. The factsuncovered in the process of reviewing theapplication, making the analysis, and frompresentations at the public hearing should beexplicitly related to ordinance standards anddocumented along with the conclusion reachedon the matter.

12. If a procedural requirement such as newspa-per or individual notice to appropriate personsis missed, stop the process and begin again.

13. No decision should be made by a vote of lessthan a majority of the total membership of thebody, not just a majority of those present.

14. When technical assistance of a planner,attorney, or other professional is needed, get it.

15. Remember your job is to protect the publicinterest as embodied in the zoning ordinance.Required procedures and standards must beadhered to.

A land use plan and zoning ordinance begin togrow old and dated from the time of adoption.In rapid growth community plans and ordi-nances often become outdated sooner thanexpected. How does a community keep the landuse plan and zoning ordinance from becomingobsolete? The best way is through periodicassessment every three to five years by theplanning and zoning commission. At that time,the following questions should be asked.

1. To what extent is the land use plan beingactively implemented . . .

• through zoning?

• through public improvement?

• through other efforts?

2. Is implementation taking place as scheduled?If not, why?

3. Does the settlement pattern of recent develop-ment actively coincide with the land use planmap and the recommended land use intensities?If not, why? What should be done—change map

or increase enforcement of the law?

4. Do the goals and policies still reflect majorlocal concerns? If not, what should be changed?Is change realistic?

5. Are items identified in the land use plan asdesirable protected adequately by zoning?

6. Are unexpected land use conflicts beingcreated by the zoning ordinance that are notaddressed by the land use policies?

Based on the answers to the above questions,the planning commission must decide if there isa need to revise the land use plan. If the planneeds to be revised, then after the revision ismade, the zoning ordinances and/or mapshould also be reviewed and amended asneeded. However, many land use plans andzoning ordinances are updated and amended ona “stop-gap” basis when faced with what ap-pears to be a “crisis.” Periodic reassessment willreduce the need to react in this manner andprovide a mechanism whereby a community canmaintain control of its future.

The Need for Periodic Assessment


SummaryEach zoning function or activity has its ownstatutory and ordinance procedures that arefollowed to ensure that the rights of citizens areprotected as the community regulates the use ofland. Most of these procedures have very similarcharacteristics, but the details and the differ-ences are very important. Equally important isthe basic issue of which body or official isresponsible for acting on certain zoning func-tions and what standards or guides should beused in making decisions. The key to under-standing zoning is related to the old adage:There is a place for everything and everythingmust be in its place.

A zoning ordinance clearly identifies which usesof land are permitted in which zoning districts.But it goes further when those districts aremapped, because then particular land uses havelocation characteristics that may be describedgenerally in the ordinance but that assumespecific characteristics once mapped. A zoningordinance should reflect the whole host of landuses reasonably expected and needed within thecity or county and should adequately providefor them.

Planning and zoning, properly used, can helpthe community to achieve many public objec-tives while enhancing the use and enjoyment ofprivate property. With appropriate use of plan-ning and zoning, most cities and countiesshould be able to find a place for everything.

Planning and zoning are jobs worth doing. Thebenefits can be substantial and enduring. But itis critically important that everyone involved inplanning and zoning decisions be knowledge-able about their responsibilities and aboutprocedures. Keep planning and zoning currentin your city or county. Be sure that new plan-ning and zoning appointees and newly electedofficials receive orientation on the planning andzoning process and the importance of theirparticular role. When technical planning or legalassistance is needed, it should be sought. Plan-ning and zoning can help build a future thatlocal residents can be proud of.

Credits

The author gratefully acknowledges the follow-ing:

Administering Township Zoning, by Robert Stock-man.

General Administrative Procedures and Informationfor Citing Municipal Infractions, by DouglasBoothroy.

Neighborhood Zoning: Practice and Prospects,ASPO Report No. 311.

Planning, Zoning, and Subdivision, APA-PASReport.

The Public Hearing Process, City of HighlandPark, Illinois.

C File: Communities 6

. . . and justice for all

The U.S. Department of Agriculture (USDA) prohibits discrimina-tion in all its programs and activities on the basis of race, color,national origin, gender, religion, age, disability, political beliefs,sexual orientation, and marital or family status. (Not all prohibitedbases apply to all programs.) Many materials can be madeavailable in alternative formats for ADA clients. To file a complaint

of discrimination, write USDA, Office of Civil Rights, Room 326-W,Whitten Building, 14th and Independence Avenue, SW, Washington, DC20250-9410 or call 202-720-5964.Issued in furtherance of Cooperative Extension work, Acts of May 8 andJune 30, 1914, in cooperation with the U.S. Department of Agriculture.Stanley R. Johnson, director, Cooperative Extension Service, IowaState University of Science and Technology, Ames, Iowa.

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