165.01.01.   Title. This chapter shall be known and may be referred to as the “Zoning Ordinance” of the City of Dyersville, Iowa.

   165.01.02.   Authority. This Zoning Ordinance is adopted pursuant to the authority as permitted and limited by applicable law of the Iowa Code including, but not limited to Chapter 372, Section 372.9, Code Section 364.1, and Chapter 414.

      A.   Iowa Code. Additional authority for the provisions of this Zoning Ordinance is provided by the Iowa Code, as permitted and limited by applicable law, provided they are either preemptive or consistent with the provisions of this Zoning Ordinance.

      B.   Federal Law. The provisions of this Zoning Ordinance are subject to all applicable federal regulations including, but not limited to:

         i.   Interstate Commerce Commission Termination Act of 1995;

         ii.   Federal Fair Housing Act; and

         iii.   Religion Land Use and Institutionalized Persons Act (RLUIPA)

      C.   Other Authority. Should additional authorizing legislation exist or be enacted, this Zoning Ordinance is additionally deemed to be enacted or effective pursuant thereto, except:

         i.   This Zoning Ordinance shall be superseded by such legislation only to the extent of any irreconcilable conflict if the City’s home rule authority does not subordinate such legislation; and

         ii.   This Zoning Ordinance shall supersede inconsistent legislation if the City’s home rule authority so provides.

   165.01.03.   Jurisdiction. All provisions of this Zoning Ordinance apply within the corporate limits of the City of Dyersville, Iowa, as may be expanded, contracted, or modified from time to time, and all property within the unincorporated area of Delaware County which is within two (2) miles of the corporate limits of the City, as provided by Section 414.23 of the Code of Iowa.

   165.01.04.   Consistency with Adopted Plans. The City of Dyersville intends that this Zoning Ordinance and any amendments to it shall be consistent with the City’s Comprehensive Plan and other adopted plans, subject to the City’s home rule, constitutional, and statutory power. It is the City’s intent to amend this chapter whenever such action is deemed necessary to keep regulatory provisions in conformance with the Comprehensive Plan.

   165.01.05.   Purpose. The Council deems it necessary to implement the regulations in this Zoning Ordinance to:

      A.   Lessen congestion in the streets;

      B.   Secure safety from fire, panic, and other dangers;

      C.   Promote health and the general welfare;

      D.   Provide adequate light and air;

      E.   Prevent the overcrowding of land;

      F.   Avoid undue concentration of population;

      G.   Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;

      H.   Conserve the value of buildings and property; and

      I.   Encourage the most appropriate use of land throughout the City with reasonable consideration, and in accordance with a comprehensive plan.

   165.01.06.   Application. No land shall be used or developed except in accordance with this Zoning Ordinance and the Dyersville Code of Ordinances, where applicable. This Zoning Ordinance shall also be in accordance with the following special situations:

      A.   Publicly-Owned Property. Those portions of this Zoning Ordinance that govern the location of allowed and conditional uses shall not apply to the governments of the United States of America or the State of Iowa and their agencies and political subdivisions, and the City in the performance of their government functions. All other provisions of this Zoning Ordinance apply.

      B.   Relationship to Covenants, Conditions, and Restrictions; Private Agreements. This Zoning Ordinance is not intended to abrogate, annul, or otherwise interfere with any easement, covenant, condition, restriction, or other private agreement or legal relationship; provided, however, that where the regulations of this Zoning Ordinance are more restrictive or impose higher standards or requirements, then the regulations of this Zoning Ordinance shall govern. The City will not search for private restrictions on property or interpret, apply, or enforce private restrictions unless it is a party to them.

      C.   Specific Exceptions. Specific exceptions to the requirements of this Zoning Ordinance may be set out in individual portions throughout.

      D.   Prohibited Uses. No use of any building, structure, or land; no building or structure; and no lot of record, now or hereafter existing, shall be established, altered, moved, divided, or maintained after the effective date of this chapter except as authorized by the provisions of this Zoning Ordinance.

   165.01.07.   Interpretation of Standards. The provisions of this Zoning Ordinance shall be held to be minimum requirements. Where this Zoning Ordinance imposes a greater restriction than is imposed or required by other provisions of law, or by other rules or regulations or ordinances, the provisions of this Zoning Ordinance shall control. Where for specific land, the requirements of any other ordinances of the City are more stringent or restrictive than the requirements set forth in this chapter, nothing herein shall be construed to waive compliance with the provisions of such other ordinance.

   165.01.08.   Relief from Other Provisions. Nothing in these provisions shall relieve any property owner or user from satisfying any condition or requirement associated with a previous approval, conditional permit, variance, development permit, or other permit issued under any local, State, or Federal ordinance or statute.

   165.01.09.   Severability of Provision. If any chapter, section, clause, or phrase of this Zoning Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance.

   165.01.10.   Publication. This Zoning Ordinance shall be posted in a publicly accessible digital format as well as published in book form and shall, together with the maps being a part hereof, be filed in City Hall of the City of Dyersville, Iowa.

   165.01.11.   Effective Date. The effective date is the adopted date or most recent amended date of this Zoning Ordinance by the City of Dyersville City Council.