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Elk Horn City Zoning Code

ARTICLE I

PURPOSE AND JURISDICTION

1.1 TITLE.

This Ordinance shall be known and may be cited and referred to as the “Elk Horn, Iowa Zoning Ordinance”.

Effective on: 1/1/1901

1.2 PURPOSES AND OBJECTIVES.

This Zoning Ordinance is adopted to preserve and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare of the citizens of Elk Horn, Iowa, all in accordance with and as permitted by the provisions of Chapter 414, Code of Iowa, as amended. More specifically, the Ordinance is adopted in order to achieve the following objectives:

  1. 1.2.1
    To provide a precise plan for the physical development of the City in such a manner as to achieve progressively the general arrangement of land uses depicted in the Land Use Plan.
  2. 1.2.2
    To foster a harmonious, convenient, workable relationship among local uses and a wholesome, serviceable, and attractive living environment.
  3. 1.2.3
    To promote the stability of existing land uses which conform with objectives and policies of the Land Use Plan to protect them from inharmonious influences and harmful intrusions.
  4. 1.2.4
    To ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the City.
  5. 1.2.5
    To promote the beneficial development of those areas which exhibit conflicting patterns of use.
  6. 1.2.6
    To prevent excessive population densities and overcrowding of the land with structures.
  7. 1.2.7
    To promote a safe, effective traffic circulation system.
  8. 1.2.8
    To foster the provisions of adequate off-street parking and truck loading facilities.
  9. 1.2.9
    To facilitate the appropriate location of public facilities and institutions.
  10. 1.2.10
    To protect and promote appropriately located agricultural, commercial, and industrial pursuits in order to preserve and strengthen the City’s economic base.
  11. 1.2.11
    To protect and enhance real property values.
  12. 1.2.12
    To conserve the City’s natural assets and to capitalize on the opportunities offered by its terrain, soils, vegetation and waterways.

Effective on: 1/1/1901

1.3 JURISDICTION.

The provisions of this Ordinance shall apply to all of the incorporated territory of Elk Horn, Iowa.

Effective on: 1/1/1901

1.4 INTERPRETATION OF STANDARDS.

In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements. Whenever the requirements of this Ordinance are at variance with the requirements of any lawfully adopted rules, regulations, ordinances, deed restrictions, covenants, or other provisions of law, the most restrictive or that imposing the higher standards, shall govern.

Effective on: 1/1/1901

1.5 APPLICATION OF REGULATIONS.

The regulations set by this Ordinance with each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

  1. 1.5.1
    No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
  2. 1.5.2
    No building or other structure shall hereafter be erected or altered to (a) change its use, (b) accommodate or house a greater number of families, (c) exceed the height, (d) occupy a greater percentage of lot area, (e) have a narrower or smaller rear yards, front yards, side yards or other open spaces or (f) reduce the number of off-street parking and loading spaces then herein required, or in any other manner contrary to the provisions of this Ordinance.
  3. 1.5.3
    No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Ordinance shall be included as part of the yard, open space or off-street parking or loading space similarly required for any other building.

Effective on: 1/1/1901

1.6 GENERAL INTERPRETATION.

Any use that is not specifically permitted in a district as a principal use, an accessory use or a conditional use, is hereby specifically prohibited. In the regulations for some zones specific excluded uses are enumerated for clarification of intent, but such lists of excluded uses are not to be interpreted as including all excluded uses.

Effective on: 1/1/1901