Elk Horn City Zoning Code

The official zoning map and the explanatory material thereon, is hereby adopted by reference and declared to be a part of this Ordinance.

Effective on: 1/1/1901

The official zoning map shall be identified by the signature of the Mayor and attested to by the City Clerk under the following statement:

“This is to certify that this is the official zoning map referred to in ARTICLE IV of the Elk Horn, Iowa Zoning Ordinance as adopted this ________________day of _______________, 20____”

The official zoning map shall be on file in the office of the City Clerk and shall be the final authority as to the current zoning status of the land, buildings and other structures in the City.

Effective on: 1/1/1901

No changes in the official zoning map shall be made except by amendment to this Ordinance as provided for under ARTICLE XVII herein. Such changes shall be promptly made and the ordinance number, nature of change and date of change shall be noted on the map, with the signature of the Clerk of Administrative Official approving such change. No amendment to this Ordinance which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map.

1. 4.3.1
   Any unauthorized change of any kind whatsoever in the official zoning map by any person or persons shall constitute a violation of this Ordinance and be punishable as provided for in ARTICLE XXII of this Ordinance.

Effective on: 1/1/1901

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

1. 4.4.1
   Boundaries indicated as approximately following centerlines of streets, highways or alleys shall be construed to follow such centerlines.
2. 4.4.2
   Boundaries indicated as approximately following platted lot lines, township lines or section lines shall be construed as following such lines.
3. 4.4.3
   Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks.
4. 4.4.4
   Boundaries indicated as following shore lines of streams or other bodies of water shall be construed to follow such shore lines, and in the event of change in the shore line, shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerlines of streams, rivers or other bodies of water shall be construed to follow such centerlines, and in the event of change in the centerline, shall be construed as moving with the actual centerlines.
5. 4.4.5
   Boundaries indicated as parallel to or extensions of features indicated in subsections 4.41 through 4.44 above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
6. 4.4.6
   Boundaries indicated as approximately following City limits shall be construed as following City limits.
7. 4.4.7
   Where physical features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not covered by subsections 4.41 through 4.46 above, the Board of Adjustment shall interpret the district boundaries.
8. 4.4.8
   In case of doubt or dispute, the boundary lines shall be determined by the Board of Adjustment upon receiving an appeal from a ruling of the Administrative Official.

Effective on: 1/1/1901

Where one (1) parcel of property is divided into two (2) or more portions by reason of different zoning district classifications, each portion shall be used independently of the other in its respective zoning classification, and for the purpose of applying the regulations of this Ordinance, each portion shall be considered as if in separate and different ownership.

Effective on: 1/1/1901

Whenever any street, road, alley or other public way is vacated by official action as provided by law, the zoning district adjoining the side of such public way shall be automatically extended, depending on the side or sides to which such lands revert to include right-of-way of the public way thus vacated which shall thenceforth be subject to all regulations of the extended district or districts.

Effective on: 1/1/1901

Any land subsequently annexed to the City shall upon such annexation automatically be classified in the R -1 Single-Family Residential and remain so zoned until an amendment to these regulations shall place such annexed land in a different zone or zones. The Commission shall review the zoning classification of any annexed land and shall report thereon to the Council giving their recommendations as to the proper classification. Said report shall be submitted within six (6) months of the effective date of the annexation.

Effective on: 1/1/1901

Symbols, titles, and a brief description of each of the zones established by these regulations are as follows:

1. 4.8.1
   Residential Zones. Following are the residential zones.

   1. i.
      A - 1: Agricultural District, provides for agriculture, very low density residential development, and interim uses under specific conditions.
   2. ii.
      R - 1: Single-Family, Residential, 5,000 square foot per structure zone, provides for low density residential uses.
   3. iii.
      R - 2: Two-Family Residential, 6,000 square foot per structure zone, provides for multiple dwellings and compatible office buildings.
   4. iv.
      R - 3: Multi-Family Residential, 2,000 square foot per unit zone, provides for multiple dwellings and compatible office buildings.
   5. v.
      R - 4: Mobile Home Park, 3,500 square foot per structure zone.
   6. vi.
      R - 5: Single Family Residential, 12,000 square foot per structure zone.
2. 4.8.2
   Business Zones. Following are the business zones established.

   1. i.
      B - 1: Central Business District. Provides a general business zone which will take into account the special characteristics of the Central Business District.
   2. ii.
      B - 2: Highway Business Zone. To provide for efficient use of business land near major highways and highway interchanges.
3. 4.8.3
   Industrial Zones. Following are the industrial zones established.

   1. i.
      M - 1: Light Manufacturing Zone. Provides for most uses which can meet rigid specifications but prohibiting residences.
   2. ii.
      M - 2: Heavy Manufacturing Zone. Provides for greater latitude in meeting performance standards than the M - 1 zone, but prohibiting residences and limiting retail and service businesses.

Effective on: 1/1/1901