This title shall be known and may be cited as the MASON CITY ZONING ORDINANCE. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

It is the purpose of this title to regulate the forms and functions of all structures, lands, and waters, to regulate lot coverage, population distribution and density, and the size and location of all structures in accordance with the Mason City Comprehensive Plan. Furthermore, this title is set forth to protect the health, safety and general welfare of Mason City as required by the Federal Standard State Enabling Act of 1926. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

Whenever the requirements of this title are in any way in conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the highest standards, shall govern. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

It is the policy of Mason City that the enforcement, amendment and administration of this title be accomplished with due consideration of the recommendations contained in the Mason City Comprehensive Plan as developed and amended from time to time by recommendation of the Planning and Zoning Commission and approval by the City Council. The City Council recognizes the Mason City Comprehensive Plan as the policy to regulate land use and development in accordance with the policies and purpose set forth herein. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

All land annexed to the City subsequent to the effective date of this ordinance shall be zoned Z1, Agriculture District. (Ord. 24-6, passed 4-2-2024)

   A.   No structure shall hereafter be erected, reconstructed, structurally altered, enlarged, added to or removed, nor shall an excavation for any structure be commenced unless a zoning permit has been issued by the Administrative Officer.

   B.   All zoning permits issued under this Chapter shall expire and be null and void twelve (12) months after issuance unless work has commenced under the permit prior to the deadline. An application for a zoning permit shall be filed with the Administrative Officer and shall be accompanied by a drawing or plat showing sufficient information as the Administrative Officer requires for the enforcement of this chapter.

   C.   The City Council shall establish fees for the zoning permit by resolution. (Ord. 24-6, passed 4-2-2024)

   A.   Except as herein provided, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used, for any purpose or in any manner that is not in conformity with this title.

   B.   Except as herein provided, no structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this title. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

   C.   No yard or lot existing in the time of passage of this title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements established by this title.

   D.   This title is not intended to abrogate any easement, restrictions, covenants, relating to the form and function of land or imposed on lands within the City by private declaration or agreement, but where the provisions of this title are more restrictive than any such easement, restriction, or covenant, or the provision of any private agreement, the provisions of this title shall prevail. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

Whenever, in any zoning district, a form or function is neither specifically permitted nor denied within section 12-8-3, table 2 of this title, the form or function shall be considered prohibited. In such cases, the Planning and Zoning Commission or the City Council, on their own initiative or upon request, may conduct a study to determine if the form or function is acceptable and if so, what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the form or function. The Planning and Zoning Commission, City Council or property owner, upon receipt of the staff study shall, if appropriate, initiate an amendment to the zoning regulations to provide for the particular form or function under consideration or shall find that the form or function is not compatible for development within the City. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

   A.   The boundaries of the zoning districts are indicated upon the official zoning map of Mason City, which is made a part of this title by reference hereto. The official zoning map and all the notations, references and other matters shown thereon is hereby declared to be a part of this title, and amendments to the map shall be in accordance with the process and requirements of chapter 4 of this title. The official zoning map shall be on file in the Office of the City Clerk and shall bear the signature of the Mayor attested to by the City Clerk.

   B.   If, in accordance with the provisions of this title, changes are made in zoning district boundaries or other matters portrayed on the official zoning map, the ordinance number and date of said change shall be recorded on the official zoning map.

   C.   Zoning district boundaries shall generally follow parcel lines, lot lines, street right-of-way centerlines, railroad right-of-way centerlines, the center of streams, City limits, and other preexisting elements, when practical.

   D.   The Administrative Official shall have the power to interpret the location of zoning district boundaries where the location of such lines is not clearly discernible from the official zoning map. Upon making such a determination, the official zoning map shall be corrected so that the boundaries in question are clearly discernible.

   E.   In the case of a lot of record under one (1) ownership that is divided by a zoning district boundary, each portion of the lot shall be governed by the zoning district applied thereto. Alternatively, the entire parcel may be used as permitted by the regulations applicable to the most restrictive classification. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

All previously enacted zoning ordinances are hereby repealed. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

Should any section, subsection, paragraph, subparagraph, clause, word or provision of this title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the title as a whole or any other part thereof other than the part so declared as to be unconstitutional or invalid. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

This zoning ordinance of Mason City may be amended by the City Council in the manner provided by statute or as provided herein. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

   A.   It shall be unlawful to locate, erect, move, construct, reconstruct, extend, enlarge, convert or otherwise alter any structure, land or waterway in violation of any of the provisions of this title. A violation of this title shall be a Municipal civil infraction and subject to penalty according to title 1, chapter 4, article A of this Code.

   B.   In case of any violation, the City Council, the Administrative Officer, the board, the commission or any property owner who would specifically be damaged by such violation may institute legally permitted and appropriate action or proceedings to enjoin a violation of this title. (2017 Code)