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Fort Madison City Zoning Code

CHAPTER 1

TITLE; PURPOSE; LIABILITY

10-1-1: SHORT TITLE:

This title shall be known and may be cited and referred to as the ZONING ORDINANCE to the same effect as if the full title were stated. (Ord. B-39, 1969)

10-1-2: INTENT; PURPOSE:

The prime tool of the planning is land use control, most commonly referred to as zoning. The purposes of zoning are many, but foremost include the following:
   A.   To promote and protect the public health, safety, comfort, morals and general welfare of the people;
   B.   To divide the City into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses;
   C.   To protect the character and the stability of the residential, business and manufacturing areas within the City, and to promote the orderly and beneficial development of such areas;
   D.   To provide adequate light, air, privacy and convenience of access to property;
   E.   To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings, necessary to provide adequate light and air and to protect the public health;
   F.   To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas;
   G.   To fix reasonable standards to which buildings or structures shall conform therein;
   H.   To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;
   I.   To prevent additions to, or alteration or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder;
   J.   To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles;
   K.   To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare;
   L.   To prevent the overcrowding of land and undue concentration of structures, as far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them;
   M.   To conserve the taxable value of land and buildings throughout the City;
   N.   To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district; and
   O.   To define and limit the powers and duties of the administrative officers and bodies as provided herein. (Ord. B-39, 1969)

10-1-3: LIABILITY:

The Code official, or designee, Board of Adjustment members, and Planning and Zoning Commission members, charged with the enforcement of this Code, acting in good faith and without malice in the discharge of the duties described in this Code, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the Code official, employee, or board or commission member in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the enforcement agency shall be defended by the jurisdiction until final termination of such proceedings, and any judgement resulting therefrom shall be assumed by the jurisdiction.
This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land from any damages to persons or property caused by defects, nor shall the enforcement agency or its jurisdiction be held as assuming any such liability by reason of the reviews or permits issued under this Code. (Ord. D-51, 3-19-2019)

10-1-4: COOPERATION OF OTHER OFFICIALS AND OFFICERS:

The Code official shall be authorized to request, and shall receive so far as is required in the discharge of the duties described in this Code, the assistance and cooperation of other officials of the jurisdiction. (Ord. D-51, 3-19-2019)