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Marshall County Zoning Ordinance Number 3 Authorizing Resolution

by Jonathan Bailey last modified 2013-03-07 09:01 PM

An Ordinance establishing new zoning regulations for the unincorporated territory of Marshall County, Iowa, and providing for the administration, enforcement and amendment thereof, in accordance with the provisions of Chapter 335, Code of Iowa; for the repeal of the existing Zoning Ordinance; and for the establishment of an effective date.

WHEREAS, the Marshall County, Iowa County Comprehensive Land Use Plan was adopted by the Board of Supervisors on March 18, 1996.

AND WHEREAS, the County Comprehensive Development Plan provides a policy basis to manage and direct new growth in the unincorporated area of Marshall County in order to provide for orderly and efficient development patterns and to protect high value agricultural lands and environmentally sensitive areas;

AND WHEREAS, the proposed amended Zoning Ordinance for Marshall County, Iowa has been developed to implement the County Comprehensive Land Use Plan, in accordance with the requirements of Chapter 335, Code of Iowa;

AND WHEREAS, Chapter 335, Code of Iowa, empowers the Board of Supervisors to enact a Zoning Ordinance to regulate and restrict the height, number of structures, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, and may regulate, restrict and prohibit the use for residential purposes of tents, trailer and portable or potentially portable structures; all with reference to land and structures located within the County but lying outside of the corporate limits of any city;

AND WHEREAS, the Marshall County Planning and Zoning Commission has developed and reviewed the proposed amended Zoning Ordinance for Marshall County, Iowa at public meetings over the past 2 months, and has held public hearings on October 1 and November 5, 1996, and has unanimously recommended that it be adopted by the Board of Supervisors;

AND WHEREAS, public hearings before the Marshall County Board of Supervisors have been held on November 12, 1996; November 25, 1996 and December 9, 1996 all interested parties having been heard;

NOW, THEREFORE, BE IT RESOLVED, by the Marshall County Board of Supervisors that the amended Zoning Ordinance for Marshall County, Iowa is hereby adopted as follows:

Section One: Repeal of Conflicting Ordinances. That the existing Marshall County Zoning Ordinance, January 1, 1962, and as amended from time to time thereafter, is hereby repealed in its entirety. Furthermore, all other ordinances, rules and regulations or portions thereof , in conflict or inconsistent with the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect.

Section Two: Adoption of New Zoning Ordinance. There is hereby approved and adopted a new Zoning Ordinance for the unincorporated territory of Marshall County, Iowa, to be known as the "Zoning Ordinance of Marshall County, Iowa, No. 3", the same of which is attached hereto, and which is by reference made a part hereof as though fully set forth herein.

Section Three: Zoning Code and Map Amendments. There are hereby approved and adopted amendments to the official zoning code and map for Marshall County, Iowa, as listed below and as shown on the official map.

Zoning Ordinance Amendment List for Unincorporated Marshall County, Iowa

ALL AMENDMENTS ARE TO ORDINANCE #2

DATE

AMEND. #

TITLE - DESCRIPTION

7-2-62

1

Art. II, Sec. 52 & Art. XII, Sec. 1

10-4-63

1a

Rezoning of Lot 1 of the Subdivision of the SW 1/4 of the SE 1/4 10-83-18 & SE 1/4 of the SW 1/4 10-83-18 From R-2 (residential) to C-1 (general commercial)

10-4-63

2

Art. XV, Sec.4, Sub. 1; Art. XV, Sec.3, Sub.3; & Art. II, Sec. 52

11-18-63

3

Rezoning of Lots 4,5,6,7,8 & 9, Block 11, Van Cleve, Iowa, SW 1/4 of the NW 1/4 12-82-19 from C-2 (industrial commercial) to R-3 (multi-family residential)

4-16-64

3a

Rezoning of Lot 2/2 & Lot 3/2 NE 1/4 SE 1/4 23-84-18 from U-1 (unclassified) to C-1 (general commercial)

2-8-65

3b

Rezoning of Lot 09-11-100-004(Sidwell pin#) 11-83-20 from A-1 (agricultural) to C-1 (general commercial)

5-18-65

3c

Rezoning of E550’ of SE 1/4 NW 1/4 11-83-18 from R-1 (single family residential) to C-1 (general commercial)

5- 18-65

3d

Rezoning of SW1/4 NE 1/4 11-83-18 from R-1 (single family residential) to C-1 (general commercial)

11-21-66

3e

Rezoning of N 420’ of W 1100’ NW 1/4 NE 1/4 13-83-19 from A-1 (agricultural) to C-1 (general commercial)

12-15-67

3f

Rezoning of Lots 9,10 &11, Block 4 & S 74’ of Lots 6,7 & 8 & E 14’ of S 74’ Lot 5 all in Block 4 & W 275’ of vac. 60’ street S of Block 4 Minerva 5-84-19 from A-1 (agricultural) to C-1 (general commercial)

6-7-68

3g

Rezoning of NE 1/4 NE 1/4 16-83-18 from C-1 (general commercial) to C-2 (industrial commercial)

1-16-69

3h

Rezoning of NW cor. NE 1/4 16-84-17 N of RR from A-1 (agricultural) to C-2 (industrial commercial)

5-16-69

3I

Rezoning of W 60 acres SW 1/4 32-84-17 exc. strip (see rezone request) from C-2 (industrial commercial) to U-2 (should be U-1, unclassified)

5-16-69

3j

Rezoning of E 160’ of N 1320’ of W 60 Acres SW 1/4 32-84-17 from C-2(industrial commercial) to A-1 (agricultural)

3-3-70

3k

Rezoning of SE 1/4 SW 1/4 16-85-19 & Lots 1,4 & 5 NE 1/4 NW 1/4 21-85-19 (Bangor) from A-1 (agricultural) to C-1 (general commercial)

7-12-73

3l

Rezoning of N1/2 of NE 1/4 13-83-18 from R-2 (residential) and A-1 (agricultural) to C-1 (general commercial)

6-3-74

3m

Rezoning of Lots 2,3 & 5 SE 1/4 SE 1/4 11-84-18 from C-1 (general commercial) to A-1 (agricultural)

12-2-74

4

Article XII, Section 1, Sub. n

5-30-75

4a

Rezoning of the N 8 Acres of W 1/2 NW 1/4 6-84-18 E of RR R.O.W. from A-1 (agricultural) to C-2 (industrial commercial)

10-28-75

4b

Rezoning of Lot 4 & 5 SE 1/4 SW 1/4 & Lot 6 SW 1/4 SE 1/4 16-84-18 from R-2 (residential) to A-1 (agricultural)

1-13-76

4c

Rezoning of That part of NE 1/4 13-84-18 bounded & described as follows: Beg. at a point distant 721’ N of E 1/4 corner of said section, said point also being distant 225’ north-easterly as measured at right angles from center line of the CNW RR from U-1 (unclassified) to A-1 (agricultural)

3-17-76

4d

Rezoning of N300’ of W800’ of SW 1/4 SW 1/4 7-83-19 from A-1 (agricultural) to C-2 (industrial commercial)

9-29-76

4e

Rezoning of parcel described as follows: Beg. at a point 14.5’ N of SE corner of 9-83-20 thence N 300’; thence W 230’; thence S 300’; thence E 230’; to the point of beginning from A-1 (agricultural) to C-1 (general commercial)

12-6-76

4f

Rezoning of S1/2 of Block 7 17-85-19 (Bangor) from R-2 (residential) to C-1 (general commercial)

8-3-78

4g

Rezoning of a 1-acre plot in the NE1/4 NE1/2 7-84-18 from A-1 (agricultural) to C-1 (general commercial)

12-6-78

4h

Rezoning of E 750’ & N 750’ making a 5-acre triangle in the NE1/4 NE1/4 15-83-20 from A-1 (agricultural) to C-1 (general commercial)

2-20-79

4I

Rezoning of W 32’ of Lots 3&6, all of Lots 4&5, Block 2, & Lots 1,2,7 & 8 of Block 3 and the vacated streets and alleys within 17-85-19 (Bangor) from R-3 (multi-family residential) to A-1 (agricultural)

4-5-79

4j

Rezoning of S 400’ N1/2 SW1/4 36-84-17 from A-1 (agricultural) to U-1 (unclassified)

9-20-79

4k

Rezoning of N1/2 of Lots 5,6,7,9 & all of Lot 10, Block 2, 27-83-17 (Dillon) from R-2 (residential) to C-1 (general commercial)

1-23-80

5

Article XII, Section 2 "Airport Tall Structure Zoning"

1-23-80

6

Article V, Section 1,2&3 "Agricultural Preservation Zoning"

11-2-81

6a

Rezoning of Lots 1,2,3,4 Block 13, 17-85-19 (Bangor) from R-3 (multi-family residential) to C-2 (industrial commercial)

4-5-82

7

Add Section 4 to Articles V, VI, VII, VIII, IX, X, and XI - "Prohibited Uses - titillation, gratification" clause.

8-2-82

7a

Rezoning of S 185’ of E 270’ of N 438’ south of S line US Hwy 30, NE1/4 16-83-18 from C-1 (general commercial) to R-1 (single family residential)

10-17-83

8

Article V, Section 2(j) amended

2-19-86

9

Article II, Section 1, Subs. (2), (3), (9), (10), (15), (31), (47); Article V, Section 3; Article VII, Section 3; Article VIII, Section 3; Article VI, Section3; Article IX, Section 3; Article X, Section 4, Article IX, Section 2, Sub.(6); Article XII, Section2; and Article XIV

11-18-87

10

Article XIV, Sections 2-5

10-24-90

11

Rezoning of a parcel described as follows: Commencing @ center 12-83-20 thence N 89deg. 47’ 45" W 797.00’ along the N line of SW1/4 said section 12 to the point of beg. Thence continuing N89deg. 47’ 45" W 66.00’; thence S0deg. 00’ 00" 427.08’; thence S56deg. 38’ 00" E 642.98’; thence S0deg 00’ 00" 1121.63’; thence N90deg. 00’ 00" E 326.00’ to a point on E line SW 1/4 Sec.12 130’ south of SW cor. of West Marshall Golf Course. Thence N0deg 00’ 00" 1365.00’ along said E line; thence N90deg 00’ 00" N 270.78’; thence S33deg 22’ 00" W 167.63; thence N56deg 38’ 00" W 519.69’; thence N0deg 00’ 00" 391.28’ to point of beginning, containing 11.73 acres (also known as Lincoln Valley Estates I) from A-1 (agricultural) to R-1 (single family residential)

7-10-91

12

Rezoning of Lots 10, 11 & 12 Block 5, 10-83-17 (Quarry) from R-3 (multi-family residential) to C-1 (general commercial)

7-12-91

13

Rezoning of Lots 26&27, Block 1, 10-83-17 & that part of the S1/2 NE1/4 10-83-17 (both in Quarry) from R-3 (multi-family residential) to C-1 (general commercial) (See Minutes)

7-15-91

14

Corrective changes to the text of the Ordinance, see amendment for changes.

3-3-93

15

Rezoning of SE1/4 NW1/4 9-83-18 from A-1 (agricultural) to R-1 (single family residential)

9-1-93

16

Rezoning of Lincoln Valley Estates II Subdivision 12-83-20 from A-1 (agricultural) to R-1 (single family residential)

10-17-93

17

Rezoning of Lot 1 NE 1/4 NW 1/4 13-83-18 from A-1 (agriculture) to C-1 (general commercial)

11-13-93

18

Rezoning of the real estate legally described as N66.05’ of E 672’ of Lot 6 in the NE1/4 NW1/4 and Parcel "A" in NW1/4 NE1/4 all in S15-83-18 from A-1 (agricultural) to C-1 (general commercial)

1-5-94

19

R-2 (residential) Special Use Livestock Permits amendments.

4-13-94

20

1. Rezoning of LVE Subdivision 12-83-20 from A-1 to R-1

   

2. Rezoning of W 30 acres of SW1/4 NE1/4 9-83-18 from A-1 to R-1

   

3. Rezoning of W858’ SE1/4 SE1/4 9-83-18 from A-1 to R-2

5-15-95

21

Rezoning of LVE IV12-83-20 from A-1 to R-1

7-25-95

22

Rezoning of Lot 3 NW1/4 NE1/4 & Lot 3/1 NE1/4 NE1/4 exc. Hwy 14-83-19&Lot 1 SW1/4 NE1/4 Exc.Hwy 14-83-19 from A-1 to C-1

8-2-95

23

Rezoning of Minerva Valley Fertilizer Bangor 17-85-18 from R-3 to C-2

11-11-95

24

Rezoning of Lots 2/1 & 3/2 of Subdivision of NE1/4 SE1/4 31-83-19 from A-1 to C-1

11-11-95

25

Rezoning of Lot 1/1, 3/1, 2/2 NE1/4 SE1/4 & Lot 1 SE1/4 SE1/4 31-83-19 from A-1 to C-1

2-20-96

26

To repeal Article XIII, Section 3, and adopt in lieu thereof: Section 3. There shall be a fee for a building permit as follows:

   

Value of Building

Fee
   

$1.00 to and including $10,000.00

 $35.00
   

For each additional $1,000.00 of aluation or fraction thereof

$ .50

4-01-96

27

Rezoning of NE SE of 11-83-19 and Lot 2 NW SE 11-83-19 from A-1 (Agricultural) to R-1 (Single Family Residential).

5-28-96

28

Rezoning of NW Cor. of NW 1/4 5-82-19 from A-1 (Agricultural) to C-1 (General Commercial)

6-10-96

29

Article V, Section 3 The 25-acre Amendment.

7-23-97

30(97-01)

Text Amendments.

6-22-98

98-01

Text Amendments. Article VI, Section 2., Subsection B. - Livestock elimination.

6-22-98

98-02

Text Amendments. Article XXI, Section 1, Subsection A. – County Infraction fines update.

8-17-98

98-03

Rezoning of Grn Mtn. Lots 16-18 & N 22’ of E 7.3’ of Lot 15, Blk 7 & Grn. Mtn. Lots 4-6, Blk 14, from C-1 (Commercial) to R-2 (Residential).

9-14-98

98-04

Ferguson Quarry expansion rezoning.

9-14-98

98-05

Ferguson Quarry expansion rezoning.

9-14-98

98-06

Ferguson Quarry expansion rezoning.

Section Four: Severability. If any of the provisions of this Ordinance or the application thereof to any person or circumstance are held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provisions or application, and to this end, the provisions of the Ordinance are declared to be severable.

Section Five: Effective Date. This Ordinance shall be in full force and effect on January 1, 1997 after its passage and publication as required by law.

Motion by: Tom Speas Second by: Eldon Schneider

Voting aye: Speas, Schneider, Minner

Voting nay:

Not voting:

Absent:

Dated this 23 day of December , 1996.

Attest: Jeff Heil
Attest: A. E. "Bill" Minner, Chairman

Marshall County Auditor Marshall County Board of Supervisors


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