Zoning Ordinance (pdf) - Cerro Gordo County online

More documents

Recommendations

Info

DISTRICTS, BOUNDARIES & INTERPRETATION Art. 5 since submission. b. That the FAA has not issued a determination in response to the applicable FAA form 7460-1. c. The applicant agrees that should the subsequent FAA determination, when issued, find that the proposed construction or alteration constitutes a hazard, or otherwise fails to comply with Section 5.7(D) of this ordinance, that the construction or alteration shall be revised and/or reconstructed so as to alleviate the condition which the determination has found to be adverse. (1) The applicant further agrees that required revision and/or reconstruction shall be completed within 120 days of the issuance of the FAA determination. (2) The applicant further agrees that failure to revise or reconstruct as provided herein constitutes a nuisance, and is subject to abatement in accordance with applicable law. G. Non-Conformities 1. The regulations prescribed herein are not retroactive and shall not be construed to require the removal of any tree, or the reconstruction or alteration, or the discontinuation of any use of any structure made non-conforming by the adoption of this ordinance. 2. Nothing contained herein shall require any change in the construction or alteration, or the intended use of any structure, the construction or alteration of which was begun prior to the effective date of this ordinance, and which is completed within one year thereafter. 3. No pre-existing non-conforming structure, use, or tree shall be rebuilt, altered, allowed to grow higher, or be replanted, so as to constitute a greater Airport hazard than it was at the time that these regulations were adopted. 4. Whenever the Building Official or Zoning Administrator determines that a non-conforming structure has been abandoned, or more than 50% torn down, physically deteriorated, damaged or decayed, no building permit or occupancy permit shall be issued that would allow such structure to exceed the applicable height and use provisions of this ordinance. Any tree so damaged or destroyed shall be subject to the provisions of Section 5.7(D)(4)(g) of this ordinance. 5. Not withstanding the previous provisions of this section the owner of any pre-existing nonconforming structure or tree shall be required to permit the installation, operation, or maintenance thereon of any markers and/or lights as shall be deemed necessary by the City or County to indicate to the operators of aircraft, the presence of such structure or tree. Such markers and lights shall be installed, operated, and maintained at the expense of the City or County. H. Airport Zoning Commission Pursuant to the provisions of Section 329.9 of the Iowa Code, there shall be a Mason City Municipal Airport Zoning Commission, consisting of 7 members, two of whom shall be appointed by the City of Mason City, two of whom shall be appointed by the City of Clear Lake, two of whom shall be appointed by the Board of Supervisors of Cerro Gordo County, and one additional member whom shall be selected by a majority vote of the City and County appointed members, and who shall serve as Chairperson of said commission. The terms of such members shall be as provided by Section 329.9 of the Iowa Code. I. Airport Zoning Board of Adjustment Pursuant to the provisions of Section 329.12 of the Iowa Code, there shall be a Mason City Airport Zoning Board of Adjustment, consisting of 7 members, two of who shall be appointed by the City of Mason City, two of whom shall be appointed by the City of Clear Lake, two of whom shall be appointed by the Board of Supervisors of Cerro Gordo County, and one additional member whom shall be selected by a majority vote of the City and County appointed members, and who shall serve as Chairperson of said commission. The terms of such members shall be as provided by Section 329.9 of the Iowa Code. The Airport Zoning Board of Adjustment shall have the duties and powers established by the Iowa Code. J. Special Exceptions 1. With the concurrence of a majority vote, the Airport Zoning Board of Adjustment (the Board) may, 25
DISTRICTS, BOUNDARIES & INTERPRETATION Art. 5 based upon a written determination from the FAA, reverse any order, requirement, decision or determination of any administrative official and may modify the provisions of this ordinance in favor of an applicant, providing: a. Any height or use limitations contained in this ordinance that is modified by the Board shall not result in an obstruction to any aircraft in flight. b. No use of land shall be permitted that would nto be compatible with airport operations. 2. Any application for a special exception to the provisions of this ordinance shall include as a part thereof, the written determination of the FAA pertaining to the application, and no application shall be set for hearing by the Board in the absence is such FAA determination. K. Variances 1. Any person desiring to construct or alter any structure, or permit the growth of any tree, or otherwise use property in a manner that would constitute a violation of this ordinance, may apply to the Board for a variance from these regulations. The Board shall consider no application for a variance to the requirements of this ordinance unless a copy of the application has been submitted to the Airport Commission for their opinion as to the aeronautical effects of such a variance. If the Airport Commission fails to respond to the Board within sixty (60) days from its receipt of the copy of the application, the Board may make its decision in the absence of the Airport Commission opinion. Such variances may be granted by the Board only where the literal application of these regulations would result in unnecessary hardship, and are subject to the following: a. Such variance would not be contrary to the public interest. b. Such variance would be in the spirit of this ordinance and of Chapter 329 of the Iowa Code. c. Such variance shall be granted subject to any reasonable conditions that the Board may deem necessary to effectuate the purposes of this ordinance and of Chapter 329 of the Iowa Code. d. Such variance shall be subject to the requirement that the applicant shall install, operate, and maintain such markings and lighting, at the applicant’s own expense, as may be necessary to indicate to aircraft operators the existence of an airport obstruction as determined by the Board. e. Such variance shall be subject to the reservation of the right of the City and the Airport at their own expense, to go onto applicant’s property to install, operate, and maintain thereon such FAA approved markers and lights as may be necessary to indicate to operators of aircraft the existence of an airport obstruction. 2. Any person aggrieved or affected by any decision of the Airport Zoning Board of Adjustment may appeal such decision, pursuant to the provisions of the Iowa Code. L. Enforcement Enforcement of the provisions of this ordinance shall be the responsibility of the Building Official or Zoning Administrator, or such person(s) as the Building Official or Zoning Administrator shall, from time to time, direct. However such duties of enforcement and administration shall not include any of the powers herein delegated to the Airport Zoning Board of Adjustment. M. Equitable Remedies The City of the Airport may, pursuant to Section 329.5 of the Iowa Code, maintain an action in equity to restrain and abate as a nuisance the creation, establishment or maintenance of an airport hazard, in violation of any provision established by this ordinance, on any property, whether within or without the territorial limits of the City. N. Prohibited Acts Except as herein provided, it shall be unlawful for any person to construct or alter any structure, use any land, or grow any tree in violation of the provisions of this ordinance. 26
Page 1 and 2: CERRO GORDO COUNTY ORDINANCE NO. 15
Page 3 and 4: ARTICLE 8: A-2 AGRICULTURAL DISTRIC
Page 5 and 6: 21.5 STANDARDS FOR FLOOD PLAIN DEVE
Page 7 and 8: DEFINITIONS Art. 4 ARTICLE 4: DEFIN
Page 9 and 10: DEFINITIONS Art. 4 BULK STATIONS: D
Page 11 and 12: DEFINITIONS Art. 4 FACTORY-BUILT HO
Page 13 and 14: DEFINITIONS Art. 4 HABITABLE FLOOR:
Page 15 and 16: DEFINITIONS Art. 4 LOT LINES: Front
Page 17 and 18: DEFINITIONS Art. 4 PARKING SPACE -
Page 19 and 20: DEFINITIONS Art. 4 STREET OR ROAD L
Page 21 and 22: DEFINITIONS Art. 4 VIOLATION: The f
Page 23 and 24: DISTRICTS, BOUNDARIES & INTERPRETAT
Page 29: DISTRICTS, BOUNDARIES & INTERPRETAT
Page 33 and 34: GENERAL REGULATIONS Art. 6 ARTICLE
Page 35 and 36: GENERAL REGULATIONS Art. 6 minimum
Page 37 and 38: GENERAL REGULATIONS Art. 6 C. Provi
Page 39 and 40: GENERAL REGULATIONS Art. 6 6. Evide
Page 41 and 42: GENERAL REGULATIONS Art. 6 Except a
Page 43 and 44: A-1 AGRICULTURAL DISTRICT Art. 7 AR
Page 45 and 46: A-2 AGRICULTURAL DISTRICT Art. 8 AR
Page 47 and 48: R-1 SINGLE FAMILY RESIDENTIAL DISTR
Page 49 and 50: R-3 SINGLE FAMILY RESIDENTIAL DISTR
Page 51 and 52: R-4 MULTI FAMILY RESIDENTIAL DISTRI
Page 53 and 54: C-1 LOCAL COMMERCIAL DISTRICT Art.
Page 55 and 56: C-2 GENERAL COMMERCIAL DISTRICT Art
Page 57 and 58: SEXUALLY ORIENTED BUSINESS Art. 14A
Page 65 and 66: C-3 PLANNED SHOPPING CENTER DISTRIC
Page 67 and 68: C-3 PLANNED SHOPPING CENTER DISTRIC
Page 69 and 70: M-1 LIGHT INDUSTRIAL DISTRICT Art.
Page 71 and 72: M-1 LIGHT INDUSTRIAL DISTRICT Art.
Page 73 and 74: M-2 HEAVY INDUSTRIAL DISTRICT Art.
Page 75 and 76: PLANNED AREA DEVELOPMENT DISTRICT A
Page 77 and 78: PLANNED AREA DEVELOPMENT DISTRICT A
Page 79 and 80: LOADING AND PARKING AREA REQUIRED,
Page 81 and 82:
LOADING AND PARKING AREA REQUIRED,
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
SPECIAL USES Art. 20 ARTICLE 20: SP
Page 91 and 92:
SPECIAL USES Art. 20 D. Establishme
Page 93 and 94:
SPECIAL USES Art. 20 M. Animal Resc
Page 95 and 96:
SPECIAL USES Art. 20 (10) The locat
Page 97 and 98:
SPECIAL USES Art. 20 DD. Salvage ya
Page 99 and 100:
FLOOD PLAIN MANAGEMENT Art. 21 ARTI
Page 101 and 102:
FLOOD PLAIN MANAGEMENT Art. 21 duri
Page 103 and 104:
FLOOD PLAIN MANAGEMENT Art. 21 incr
Page 105 and 106:
FLOOD PLAIN MANAGEMENT Art. 21 1. I
Page 107 and 108:
APPLICATIONS FOR ZONING PERMITS Art
Page 109 and 110:
BOARD OF ADJUSTMENT Art. 24 ARTICLE
Page 111 and 112:
BOARD OF ADJUSTMENT Art. 24 and pro
Page 113 and 114:
BOARD OF ADJUSTMENT Art. 24 request
Page 115 and 116:
ZONING COMMISSION Art. 25 ARTICLE 2
Page 117 and 118:
DISTRICT CHANGES AND AMENDMENT Art.
Page 119 and 120:
VALIDITY & WHEN EFFECTIVE Art. 27 &
Page 121 and 122:
cold storage plant, 64 cold-mix pla
Page 123 and 124:
premises, 4, 7, 8, 10, 15, 28, 36,
show all

Zoning Ordinance (pdf) - Cerro Gordo County online

Create successful ePaper yourself

Delete template?

Save as template?