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ARTICLE III

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

MAPS & DISTRICTS

SECTION 1. ESTABLISHMENT OF ZONING DISTRICTS. In order to carry out the purpose and intent of this Ordinance and the Marshall County Comprehensive Land Use Plan, the unincorporated area of Marshall County, Iowa is hereby divided into the following zoning district classifications:

"A-1"...Agricultural District

"R-1"...Residential District

"R-2"...Residential District

"R-3"...Residential District

"R-PUD"…Residential Planned Unit Development

"C-1"...General Commercial/Light Industrial District

"C-2"...Heavy Industrial District

"F-P"...Flood Plain Overlay District

"U-1"...Unclassified District

"AZ-1"...Airport Tall Structure District

SECTION 2. ZONING MAP. With the exception of the Flood Plain Overlay Districts, the boundaries of these Districts are indicated on the Official Zoning Map of Marshall County, Iowa; which map is made a part of this Chapter by reference. The Official Zoning Map of Marshall County, Iowa, with all notations, designations, references and other matters shown thereon shall be and are hereby made a part of this Ordinance as fully described and set forth herein. The Official Zoning Map, properly attested, shall be and remain on file in the office of the Recorder of Marshall County, Iowa, and a second copy shall remain in the office of the Marshall County Zoning Administrator. It shall be the responsibility of the Zoning Administrator to see that the Official Zoning Maps are kept current at all times.

Subsection A. If in accordance with the provisions of this Ordinance, changes are made in the district boundaries or other matters portrayed on the Official Zoning Map, said changes shall be given an amendment number and entered with all necessary details in Section 3, of the Authorizing Resolution, and shall be properly recorded on the face of the Official Zoning Maps.

Subsection B. The Board of Supervisors may from time to time adopt a new Official Zoning Map which supersedes the prior Official Zoning Map, in the event that the Official Zoning Map becomes damaged or destroyed; or for the purposes of clarity due to a number of boundary changes, or to correct drafting errors or omissions; provided, however, that any such adoption shall not have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof.

SECTION 3. INTERPRETATION OF DISTRICT BOUNDARIES.

Subsection A. Boundaries indicated as approximately following the center lines of streets, highways, roads or alleys shall be construed to follow such center lines.

Subsection B. Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.

Subsection C. Boundaries indicated as approximately following city limits shall be construed as following said limits.

Subsection D. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

Subsection E. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of a change in the shore line boundaries shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center line of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.

Subsection F. Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. Distances not specifically shown on the Official Zoning Map shall be recorded on the Marshall County GIS Computer Mapping System, maintained by the Marshall County Auditor’s Office with the assistance of the Marshall County Zoning Administrator or an agent of that office. Exact distances and angles shall be maintained on this system.

Subsection G. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections A through F above, the Board of Adjustment shall interpret the district boundaries.

SECTION 4. VACATED STREETS. Whenever any street, road, alley or other public way is vacated by official action as provided by law, the Zoning Districts adjoining the sides of such public way shall be automatically extended, depending on the side or sides to which such land reverts, to include the right-of-way thus vacated, which shall henceforth be subject to all regulations of the extended District or Districts.

SECTION 5. FLOOD PLAIN OVERLAY MAP. The boundaries of the flood plain overlay districts shall be the same as shown on the Flood Hazard Map issued by the Federal Insurance Administration, dated June 3, 1977, Community-Panel No. 190890 0001A & Community Panel No. 190890 0002A. These maps are hereby adopted by reference as the Official Flood Identification Maps. These maps shall have the same force and effect as if they were all fully set forth or described herein. Subsequent amendment to these maps shall be adopted automatically. The flood plain overly districts shall include the corresponding designated areas identified on the Flood Hazard Boundary Map:

"Zone A"…The designated 100-year flood plain level.

The maps are available for review in the office of the Marshall County Zoning Administrator.

SECTION 6. INTERPRETATION OF FLOOD HAZARD MAP BOUNDARIES. The boundaries of the General Flood Plain (Zone A) shall be determined by scaling distances on the Official Flood Identification Maps. Where interpretation is needed to determine the exact location of the boundaries of the districts as shown on the maps, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Zoning Administrator shall make the necessary interpretation. Any person contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the Marshall County Board of Adjustment, as provided in Article XX, and to submit their own technical evidence if they so desire.


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