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ARTICLE I

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

Zoning Ordinance Of Marshall County, Iowa

SECTION 1. SHORT TITLE. This Ordinance shall be known and may be cited and referred to as the Zoning Ordinance of Marshall County, Iowa.

SECTION 2. SCOPE AND PURPOSE. Except as may be hereinafter specified, no land, building, structure or premises hereafter shall be used and no structure may be located, constructed, extended, converted, structurally altered or otherwise developed without full compliance with the terms of this Article.

Subsection A. This Ordinance is adopted in accordance with the Marshall County, Iowa County Comprehensive Land Use Plan, 1996, and as permitted and specifically authorized in Chapter 335, County Zoning and Chapter 352, County Land Preservation and Use, Code of Iowa, 1995, as amended.

Subsection B. This Ordinance is intended and designed to meet the specific objectives of Section 335.5, Code of Iowa, 1995 as amended, to preserve the availability of agricultural land; to consider the protection of soil from wind and water erosion; to encourage efficient urban development patterns; to lessen congestion on the streets and highways; to secure safety from fire, flood, panic and other dangers; to protect health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to promote the conservation of energy resources; to promote reasonable access to solar energy; and to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements.

Subsection C. Furthermore, this Ordinance is also intended and designed to meet the specific purpose of Section 352.1, Code of Iowa, 1995, as amended, to provide for the orderly use and development of land and related natural resources for residential, commercial, industrial and recreational purposes; to preserve private property rights; to protect natural and historic resources and fragile ecosystems including forests, wetlands, rivers, streams, lakes and their shorelines, aquifers, prairies and recreational areas; to promote the efficient use and conservation of energy resources; to promote the creation and maintenance of wildlife habitat; to consider the protection of soil from wind and water erosion and preserve the availability and use of agricultural land for agricultural production , through processes that emphasize the participation of citizens and local governments.

SECTION 3. SPECIAL EXEMPTIONS

Subsection A.No requirement contained in this Ordinance shall be construed to apply to land, farm houses, farm barns, farm outbuildings, or other buildings, structures, or erections which are adapted by reason of nature and area, for use for agricultural purposes as a primary means of livelihood, while so used.

(1) Agricultural buildings and land uses are not exempt from complying with any Federal, State or local regulations concerning developing, depositing or excavating in or on the designated Marshall County Critical Resource Areas as shown on the Marshall County Comprehensive Land Use Plan Map, or in or on the flood plain of any river or stream as shown on the Federal Emergency Manaagement Agency - Flood Insurance Rate Maps, (January 2, 2003).

(2) It shall be the responsibility of any person or group claiming that certain property is entitled to exemption on the basis of this section to demonstrate that the property and buildings are primarily adapted and used for agricultural purposes.

Subsection B. A special exemption applies to all matters regulated by the Iowa Department of Commerce - Utilities Division. The exemption generally includes the location of franchised electric transmission lines and gas pipelines. However this exemption shall not apply to any building, structure or erection adapted and used for a storage, housing, commercial, office or business purpose.

Subsection C. An exemption shall also apply to the use, sale, distribution, storage, transportation, disposal, formulation, registration, or manufacture of a fertilizer pursuant to Chapter 200.22, Code of Iowa.

SECTION 4. INTERPRETATION OF STANDARDS

In the interpretation and application, the provisions of this Article shall be held to be the minimum requirements. Where this Article imposes a greater restriction than is imposed or required by other provisions of law or by other rules, regulations or restrictive covenants, the provisions of this Article shall supersede.

However, wherever this Article conflicts with the terms, regulations and restrictions of the Code of Iowa, the Code of Iowa shall supersede.


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