Elk Horn City Zoning Code

The Board is authorized to grant special use permits for property within the A-1 Agricultural Zone allowing for uses not allowed as a matter of right in said zone under the following conditions:

(Code of Iowa, Sec. 414.4, 414.7 & 414.12)

1. 5.1.1
   Open Type Land Use. The proposed use shall be an open land type of use and shall not involve the erection of permanent buildings or other permanent improvements and shall be located in an undeveloped area of the City, provided, however, that permanent buildings shall be allowed which conform with the zoning in force upon the parcel.
2. 5.1.2
   Not Unsightly. The proposed use and the placement thereof upon the land shall be such that it shall not be unsightly to the general public nor interfere with the enjoyment or use of neighboring properties.
3. 5.1.3
   Permanent Structures. All temporary uses and structures shall comply with all provisions of the zone in which the proposed use is located except that the list of permitted uses may be modified by the special use permit.
4. 5.1.4
   Temporary Uses and Structures. All temporary uses and structures shall comply with all provisions of the zone in which the proposed use is located except that the list of permitted uses may be modified by the special use permit.
5. 5.1.5
   Board May Set Conditions. The Board may append reasonable conditions to any special use permit to the end that the objective of this chapter may be upheld.

Effective on: 1/1/1901

The following shall apply to the issuance of special use permits.

(Code of Iowa, Sec. 414.4 and 414.7)

1. 5.2.1
   Public Hearing and Notice. Before issuing any special use permit, the Board shall hold a public hearing and shall give notice thereof to all property owners within two hundred (200) feet and to the Commission and the Council.
2. 5.2.2
   Recommendation of Commission and Enforcement By Building Official. Before approving any special use permit the Board shall request and receive the favorable recommendation of the Commission. The Building Official shall enforce compliance with the terms of the special use permit and shall initiate action for renewal or cessation of the activity at the expiration of the special use permit.

   (Code of Iowa, Sec. 372.13)

3. 5.2.3
   Duration of Special Use Permit. No special use permit shall be issued for a period to exceed two (2) years, provided however, that such special use permit may be renewed for additional periods not to exceed two (2) years each, after a notice and public hearing and a finding that conditions have not changed sufficiently to warrant denial of such a renewal.
4. 5.2.4
   No Property Owner or Owner of Other Interest to Have Vested Rights in Renewal. No property owner or owner of other interest in the land shall have a vested right in the renewal of any special use permit.

Effective on: 1/1/1901