§ 109-27. Geographical extension of the zoning powers and subdivision regulations.

This section is adopted by the council to provide for the extension of the zoning and subdivision regulation powers vested in the city to include unincorporated areas not more than two miles beyond the limits of the city, that the use, growth and development of that area surrounding the city be orderly and reasonable, and these restrictions are adopted to promote and facilitate that intention and purpose.

(1)

Powers granted.

a.

The municipal zoning powers granted to the city by chapter 414 of the Code of Iowa (I.C.A. ch. 414) are hereby extended to those unincorporated areas surrounding the city as hereinafter described.

b.

The land subdivision regulation powers granted to the city by chapter 158 of the Code of Iowa (I.C.A. ch. 158) are hereby extended to those unincorporated areas surrounding the city as hereinafter described.

c.

A parcel of land described as follows, to-wit:

All of Sections Seven, 17, 18 and 19 of Township Eighty-five (85) North, Range 12, West of the 5th P.M., located in Monroe Township, Benton County, Iowa.

(2)

Official zoning map. The official zoning map of the city is amended to include the unincorporated territory designated within two miles of the corporate limits of the city. The territory shall be divided into districts as designated on the official zoning map, which together with the explanatory material thereon, is hereby adopted and by this reference made a part hereof.

(3)

Exemption of farms. No regulations or requirements adopted under the provisions of this section which permits extension of the city's zoning regulations outside the corporate limits shall be construed to apply to land, farm houses, farm barns, farm outbuildings or other structures, or erections which are primarily adopted, by reason of nature and area, for use for agricultural purposes while so used; provided, however, that such regulations or ordinances which relate to any structure, building, dam, obstruction, deposit, or excavation in or on the floodplains of any river or stream, which may be contained herein, or which may be subsequently adopted, shall apply equally to agricultural and non-agricultural lands, buildings and structures. This agricultural exemption shall not be construed to include:

a.

Commercial grain elevators;

b.

Commercial fertilizer manufacturing or storage buildings and structures;

c.

Hatcheries;

d.

Commercial feed lots; or

e.

Other buildings and structures for the manufacture, storage, or sale of agriculturally related products which are not intended primarily for use on the premises.

(4)

Commission and board. Upon the adoption and final approval of this chapter, the size of the commission and board shall be increased by two members each. The additional members shall be residents from outside the city limits and from that area over which the city's jurisdiction is extended. The board of supervisors of Benton County shall appoint the two non-resident members for each body for overlapping four-year terms. All members shall have the same rights, privileges and duties regardless of residency.

(5)

Appeals. Property owners affected by such extraterritorial zoning and subdivision regulations shall have the same rights of hearing, protest and appeal as those within the city.

(6)

Termination of extraterritorial zoning. At such time when Benton County adopts a county zoning ordinance, the powers exercised under this chapter shall be terminated within three months of the establishment of the administrative authority for county zoning, or at such date as mutually agreed upon by the council and the Benton County board of supervisors.

(Prior Code, § 121.27; Ord. No. 152, 7-2-1981)

State law reference

Extraterritorial zoning, I.C.A. § 414.23.