Request to Address the City Council - Mitch Quade Copyright 2014
City of Dubuque Action Items # 1.
ITEM TITLE: Request to Address the City Council - Mitch Quade
SUMMARY: Correspondence from Mitch Quade requesting to address the City Council
regarding a waiver of a pre-annexation agreement related a farm on Swiss
Valley Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Council
ATTACHMENTS:
Description Type
❑ Quade Pre-Annexation Waiver Request Supporting Documentation
❑ Quade Pre-Annexation-Exhbit A Supporting Documentation
❑ Quade Pre-Annexation-Exhbit B Supporting Documentation
❑ Quade Pre-Annexation-Exhbit B Supporting Documentation
❑ Mitch Quade Request for Waiver of a Pre-Annexation Agreement-MVM Supporting Documentation
Memo
❑ Staff Memo Staff Memo
To: Mayor Buol
Dubuque City Council
From: Mitch Quade (910.. -
CC: Kyle Kritz, Associate Planner, City of Dubuque
Date: February 9, 2015
Re: Waiver Request for Pre -Annexation Agreement for. Quade Family Farm
I would like to address the Mayor and City Council regarding a waiver for the City of
Dubuque's Pre -Annexation Agreement, for our family farm located on Swiss Valley
Road, in Dubuque County.
My brother and I own a farm located on Swiss Valley Road that is approximately 330
acres. The property includes a house and several out buildings. The farm is used for
agricultural purposes for raising row crops and it is our intent to continue growing row
crops for the foreseeable future. At this time we have no plans for creating a sub-
division on the property.
RECEIVED
15 FEB!! AM 146 4&roc`s Tice
Dubuque, FA
Mitch Quade
509 Nordic Trail
Mount Horeb, WI 53572
Phone: (608) 438-4717
A plat map is attached and is marked to show the farm property boundary and
approximate distances from the City.
I am in my sixties and want to do estate planning. As part of this planning my brother
and I would like to split the farm into two parcels of approximately 165 acres each. One
of the parcels would also hold the farmhouse and out buildings.
We would like to receive a waiver from the City of Dubuque for the Pre -Annexation
Agreement since we only wish to divide this property for family reasons and continue
farming the land. We understand that future platting changes to the property may
require review and or approval by the City of Dubuque.
Thank you.
Attachments:
Exhibit "A" Farm Location to current City Limits
Exhibit "B" Plat Map showing farm boundary
Exhibit "C" Arial Map showing Tax Parcels and vegetation
T
-J A
v
N
O
_ a 1
F
M O
�jC
� " m
W I °u
7 \ N
f
J I O
ILI
ti
I � N
-'1 N
I
ra:
8
W
N
Z
I
X
6L14 ( 1Ip41.19
FL rye R -0071-004 4t .013.18I2-POS C u 1.091-008 eo030.34 F OOB
39.67
32I-006-00935.627
II201
YO
/5/830000/ ( � mss— �z EI It
-ta H N P
16.00 g
N It.AG-o✓ I /5/8`/oraouz 15/8Y0003
/$/a30U0o3 aP4 38.30 .001
---__J 20.00 \_
/S/83(�O'L
0�,,88
k
.s i S.IWO r1 I /"tt✓t''�.r/" Ste'
GP' 1JW$V3 I .
/51 e ��05
11 .65 ,,.0� 2
t-o'C-L /5/83 Uo. _� n ° Pt.2
�.
u^ 11 �t q 2-004 Pt.68.71
�c.l />18`/OU00�! I .+� P1. 15-17-300-003
1-004 V $W }
20.10 �/ 36.45
on
S
fc.^M z/
(r' oe ua
u �
aee I
11011
1519100003 _vo/
N W 20.00 s. I ° 1-006
s
1-003 X 19.I8 C
�/ II K I1 13.75
-----,--
2-002 f�
31.94 26.25 I �
z0000 R
5 t/ W AE i 170
i9
�51�(2000 y i
No TA•X E ✓I 3.Sol'u Y,4:r'
-004 I . (J -COS -004 I O -005
2p �!
31.94 I 40.00 1/
I
ate ...'
•z i+ � . 5� � +. k t 4 6
4 ♦� 1.
o
r _
t 14Im
as
m
s o
T ^ = f Y A E
i
L'7
m
y
0 1
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Request by Mitch Quade for Waiver of a Pre-Annexation Agreement
DATE: February 11, 2015
A request was received from Mitch Quade for waiver of the requirement for a pre-
annexation agreement for future subdivision platting within the City's two-mile fringe
area.
I have declined to waive the pre-annexation agreement.
Planning Services Manager Laura Carstens recommends that a pre-annexation
agreement be required.
I concur with the recommendation and respectfully request that the Mayor and City
Council deny the appeal and require the pre-annexation agreement.
�t
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Mitch Quade
Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF Dubuque
kwftll
L)UB3 E AII-America city
1
Masterpiece on the Mississippi
2007•2012•2013
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Request by Mitch Quade for Waiver of a Pre-Annexation Agreement
DATE: February 12, 2015
INTRODUCTION
This memo responds to a request by Mitch Quade for waiver of the requirement for a pre-
annexation agreement for future subdivision platting within the City's two-mile fringe area. Mr.
Quade has set forth his reasons for making this request in his correspondence dated February
912015
DISCUSSION
Under Iowa Code, cities are authorized to establish subdivision review and approval within a
two-mile extraterritorial jurisdiction or fringe area. Iowa Code requires that a city use the same
standards and conditions for plats in the two-mile fringe that are used for plats in the city.
Section 16-11-7 of Unified Development Code (UDC) for Land Division established Fringe Area
Development Standards. New subdivisions subject to these standards are required to have a
pre-annexation agreement as part of the subdivision approval by the City.
The City Manager may waive the pre-annexation agreement upon a showing of good cause; the
City Manager has declined to waive the pre-annexation agreement. A developer may appeal to
the City Council to waive the pre-annexation agreement upon a showing of good cause, if the
City Manager does not grant a waiver.
RECOMMENDATION
Planning Services staff recommends that the City Council require the pre-annexation agreement
in accordance with UDC Section 16-11-7.
REQUESTED ACTION
The requested action is that the City Council review Mr. Quade's request, and then determine
whether the requirement for a pre-annexation agreement should be waived.
cc: Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
Maureen Quann, Assistant City Attorney
Kyle Kritz, Associate Planner
F:\USERS\Mrettenb\WP\COUNCIL\MEMO\pre-annexation agreement quade memo.doc
County Zoning
in Iowa:
An Explanation
of Chapter 335
of the Iowa Code
../6//6 '9/
hi-id7
Counties that contain, or adjoin major urban areas find. that they need
t? NC7I to direct and control developinent that occurs on .the urban fringe.
t< 1pLess populated counties also have con.cerns. Generally, their primary
land use goal is to protect prime agricultural land. This is a top prior-
i ty interest because of t.he high quality and productivity of much of
Iowa's farmland, Just as it is necessary to protect the quality of prime
agricultural land through the control of erosion, it is also necessary
to protect .the qua.ntit:y of prime agricultural hind .through the control
of development.
r:the primary tool that counties .have to deal .withall of these issues is
zoning. Chapter 335 of the Iowa Code delegates zoning authority to
counties. This power, together with the authority that is possessed, by
all Iowa. counties because of their home rule status, gives counhies
broad. discretion in directing development and controlling future .
growth..
Within this fram.ework, counties a:re free to choose whether or not to
have zoning. Counties that adopt zoning have the freedom needed to
structure their local zoning ordinances in the most suitable way to
meet individual local needs
• 3
3331,
335.1
"throug.h their co:mprehensive plans and their zoning ordinances,
counties can control development so that schools, roads, health. :facili-
ties, and, utilities keep pace with. the .needs of the population.
This publication. is a resource for Iowa. county officials an.d interested
citizens. The text is arranged so that the entire law, as en.a.cted by th.e
Iowa Legislature, is presented. in the center columns. A discussion of
each section. of the law appears in th.e outside columns, directly
opposite the section being explained.
IOWA STATE UNIVERSITY
University Extension
PM 1184 Revised January 2000
Explanation
335.1 The Iaw provides that any county in lowa may
adopt zoning, but does not require that it do so.
This decision is left to the discretion of the individual
counties.
335.2 Farm lands and buildings are specifically exempt
from most provisions of county zoning regulations,
Exceptions include the restrictions placed on farms if
the county adopts an agricultural land preservation
ordinance (see explanation of section 335.27) and
restrictions placed on land uses within flood plains.
Beyond these two exceptions, no provision of county
zoning can be applied to any active farming operation,
335.3 11 a county decides 10 adopt zoning, the board of
supervisors may exercise any or all of the powrs that
follow. These powers are applicable only in areas
outside the Umits of cities and towns. Unincorporated
villages are subject to county zoning regulations. The
board of supervisors may regulate or restrict:
1. The height, number, and size of structures or bufld-
ngstobwp|anedona|ot.
2. The percent of a lot that may be occupied by build-
ings.
3. The size of yards, courts, arid other open spaces
(width of side yard, depth of front or rear yards).
4. The density of populaUon. This is accornplished by
regulating the minimum size of Iots.
5. The location and use of buildings, structures, and
land for purposes of trade, industry, residences, or
other purposes.
6. Tents, tnaUom, or portable structures for resklentiai
This does not apply in any way to agricultural
land or buildings.
335.4 Zoning districts of any size, shape, or number
may be established within the county. Such districts fall
into three general categories: residential, commercial,
andinduathaiVVithineaohdi,t/int.th000notruodon.
reconstruction, repair, and use of buildings, and the use
of land may be governed by written regulation. The
written regulations must apply equally throughout each
district, but the regulations for each type of district may
differ from those in another type of district. This means
that residential district regulations must apply equally to
all residential districts in the county, but the regulations
for residential districts may differ from commercial
district regulations that apply equally to all commercial
districts. county or any part of the county
0 ay be divided into zoning districts.
2 4,:* IOWA STATE UNIVERSITY EXTENSION
Iowa Code Chapter 305
335.1 Where applicable. The provisiors of
this chapter shafl be appiicahle to any county
of the sate a the oplion of the hoard of super
visorso{nnyauc6zomniy.
335.2 Farms exempt. Except to the extent
require6toimplenent section %35.27,noordi-
nance adopted under this chapter applies to
iand, farm .houses, farrn barns, farm outbuId-
in.gs,uroU`crboUdiogoorstructummp,6ic6are
primarily aduyted, by reason of nature and
area, tor use for agricuiturai purposes, while
auoaed.Bovvever,theordioaoceanuay apply
to any structure, building, dam, obotru.cdm\
deposit, or excavation in or on the flood. p!ains ),
of any river or stream.
-7
/
335.3Powers. Subject to section 335.2, the
hoard of supervisors may hy ordinance regu-
late and restrict the height, number ofoboc'
turos, andsize of buildings and other stroc'
tucex, the percentage of lot that rnay he Occu-
pied, the size of yards, courts, and. other open.
ccoPie6,t6esiaeofyards,cuorts'mudotberopeu
spaces, the densi.ty of population, and the lo-
cation and use of buildings, structures, and
land for trade, industry; residence, or other
purposes, and rnay regulate, restrict, and pro-
.hihit the :use [orrenid.eutial .purposes of tents,
trailers, and portable or potentially portable
structures. Bovvever, mu6`powersu6mU be ex-
ercised only with reference to land and struc-
tures located. within the county but lying out-
sideofdacmpooate|imitsofanydty.
335.4 Areas and districts. For any and all
of said purposes the board of smay
divide the county into districts of such num-
ber, shape. and area as :may be deemed best
suited to carry out t,he purposes of this chap-
ter; and within such d,istri,cts :it may regulate
and restrict the erection, construction, recon-
... :Lich On, alteration, repair, or use of buildings,
structures or land. All such regulations and
restrictions shall beuniform. for each c!ass or
kind. ofbuildings t6rough.onteach district, but
the reguiations in. one district may dffer from
those in other districts.
Iowa Code Chapter 335
335.5Objectives. The regulations shall be
made in accordance wi ive plan
w�u of ag:
er the prate,ction. of soil
congestion in :the stree ..h.i..,rhway; to secilye
safety from fire flood panic, and other
Yers; to protect .health and the.gf2.eraJw &fare;
:the overcrow:ding of land; to avoid undue con
centration of poputritin73 F-517(77aittrth.e con
servation ofenergy resources; to promote rea.-
mmaWeaoess tosolar energy; and to facilitate
the adequate provision of transportation, wa-
te,i,aevveca&:,achoo|s,parkm and other pubiic
requirements. However, provisions of this sec-
boure!adng to the objectives of energy comer-
'tation and access to solar energy shall not be
construed as voiding any Zon.i:og :regulation
existing ouJuly I,l98l,o/tnrequire zooiogin.
acountydhotdidnothavezouingpziorto]v}y
1,1981.
Such eDo|ehnnushall bemade with ceo-
fron
e8
c
en
d
wa
urban deve
er
o
mei
o the character of the area of the district and
lar uses, and 'ith a
view
0 coneervin
p
the value of6HJioAa and en.coura.ging
the most c��uxe of'�od U�pc/]out
suchco
y
1,
335.6 Public hearings.Theboard of super-
visors shall provide for the mon.ner in which
such regulations and restrictions and the
boundaries of such districts abaU be deter-
mined, established, and enforced, and from
time to L|rneaoueudcd, supplemented' or
changed. However, no such regulation, restric-
tion, or boundary s.hall. become effective until
after a public hearing in relation thereto' at
pdhic6parbeoinintorataod6hzeumu6aUhave
an opportunity to be heard. /\tleost 6ftoeu
days' notce of tFie ti:me and piace of such. hear-
inga6ol|bepub6a6edinapuperofgeoerolcir-
cu\adoninaoohcouo1y.Suchnodcea]zoDaia1c
the location of the district affected by narning
the towrship and section, and the boundaries
of such district shall be expressed in. terms of
streets or roads wherever possibie.
Explanation
335.5 Zoning cannot be unreasonahle or capricious
and must be based on a comprehensive planning study
so that reasonable regulations and districts can be
developed for the community welfare. The goals of
zonin0.aonu�inadbo|ovv.must be the bm�nfor the
zoning8
plan.Thegoalsof zoning
preserve agricultural land ----------
To consider the protection of soil from wind and --------
ter erosion.
3. To encourage efficient urban development patterns.
4. To lessen congestion in the street or highway.
5. To secure safety from fire, panic and other dangers.
6. To protect health and the general welfaro.
7. To provide adequate light and air.
8. To prevent the overcrowding of and.
9. To avoid undue concentration of population.
10. To promote the conservation of energy resources.
11. To prornote reasonable access to solar energy.
12. To facilitate the adequate provision of transporta-
tion, water, oevvenage, unhoo|y, pmrkn, and other public
requirements,
Goals numhered 10 and 11 should not be interpreted
as voiding any zoning regulation existing on July 1,
1981, or requiring zoning in any county. In preparing
the regulations, due consideration must be given to:
1. The character of the area in the district and the
sultability of the area for the uses proposed by zoning.
Conservingof buildings.
raging the most appropriate use of land
throughout the county.
335.6 The board of supervisors determines where the
boundaries of districts shal be located and the form
and content of the regulations that app$y to each
district. The board shall also provide the method
whereby changcs and amendments to the regulations
and district boundaries rnay be made.
The board rnust hold a public hoaring before any part of
the zoning regulations or zoning districts becomes
effective. Any citizen, organization, or firm may
attend the hearing to express views concerning the
zoning ordinance.
A notice must be puhlished in a newspaper of general
circulation in the county stating the time and place of
the hearing. The notice rnust also state the location of
the affected district(s) by naming the township(s) and
section(s) and, if possible, by describing the roads and
streets that form boundaries of the affected area.
The hearing cannot be held until at Ieast 15 days after
publication of the notice.
COUNTY ZONING nvIOWA
Explanation
335.7 Changes in tho locaton of district boundaries or
in the written regutations may be made from time to
time. The responsibility for making such changes is
vested in the board of supervisors. If the owners of 20
percent of the land in the area to be rezoned oppose
the change, or if the owners of 20 percent of the land
within 500 feet of the boundary of the proposed change
oppose the change, a favorable vote of at least 60
percent of alt the members of the board of supervisors
is required before the change can be made effective.
Any changes in the boundarios of districts or in the
written text of the zoning ordinance must be preceded
by a pubHc hearing in the manner prescribed by 3356.
335.8 Although the power to adopt county zoning is
vested in the board of supervisors, the board can adopt
only those zoning ordinances preparedbyeznning
commission, The zoning commission is appointed by
the board of supervisors and may have an unlirnited
membership. The zoning commission usually has five
to nine members, with seven being a frequent number.
The majority of the members must reside in unincorpo-
rated areas of the county.
nincorpo'/etedanemoofMheonun1y
The commission is charged with the responsibility of
preparing the ordinance and recommending the bound-
erieoend|ocat|nnofvarinuadiotrictn.ThecVmmioaion
must hold a public hearing on the proposed ordinance
before submitting a final draft to the board of supervi-
sors, who must also hold a public hearing before the
ordinance may be approved.
It is suggested that the members of the commission be
appointed for five-year terms and that the appointments
be staggered so that alt the terms do not expire the
same year. After the ordinance has boen adopted, the
commission should recommend to the board of supervi-
oornenyamendmentn'oupp|emen\s.orohungeoto1ho
ordiriance. If the board of supervisors approves, the
zoning commission may contract with an outside expert
or organization to assist with any work of the commission.
335.9 The board of supervisors is required to appointa
zoning administrator to enforce the zoning ordinance,
The appointee may be a person already employod by
the county or any other governmental subdivision in the
county, such as a city or township. The board is autho-
rized to determine how much salary, if any, is to be
established for this service.
The zoning administrator usually is charged with the
4 IOWA STATE UNIVERSITY EXTENSIO
Iowa Code Chapter 335
335.7 Changes and unmrndmeut . Such
mgoabon�reotcdjonu and boundaries may,
froin time to ti.me, be amended, supplemented,
changed, modified, orrepenlod.locase, hovv'
how-
ever, of a protest agai:nst such change signed
by the owners of twenty .percent or more ei-
ther of tbc area included in such prnpoeed
change, or of the area imruediatcly adjacent
thereto and within five hundred feet of the
boundaries thereof, such an .endrnent shali .not
become effective except by: the fuvorob|evote
of at least sixty percent of all of the members
of the board of supervisors. The provisions of
section 335.6 relative to pub}ic hearings and
official notice shall. apply equally toall changes
oranend mants.
335.8 Cornrnission appointed. ln orderto
ail itself of the powers conferred
by this chap-
ter, ,tbe board of supervisors shall appoint a
commission, a majority of vv6ose members
shall reside within the county but outsid.e the
corporate tirnits of any city, to he .knovn as the
county zoning com.mission, to recommen.d the -
boundaries of the various original districts, and
appropriate regu atioosand restrictions to he
enforced therein. Such comrnission shall, with
due diiigence, prepare a preliminary report an.d
boldpublic hearings thereon before submitting
its final report; and the board of supervisors
shall not hold its public hearings or take ac-
tion until ithas received the final report pfsuch
comrnission. After the adoption of such regu-
latious,zeotdctiona'oodbnuodaricoofdiatdd4
the zoning cornrnission may, from tirne to tirne,
zccomrnendtmthe board nfsupervisors amood'
mento,anpp]oouents,c6un&cs,u,000diGcationa.
7heznning commission, with the approvai of
the board of supervisors, may contract with
professional consultants, regional plannin.g
commissions, the Iowa development commis-
sion, or the federal government, for local plan-
ning
335.9 Administrative officer. The board of
supervisors shall appointao administrative
officer authorized to enforce the resolutions or
ordinances adopted by the board. of supervi-
onra. "The administrative officer may be a per-
aon6vldbng other puhiic office in. the county,
o.r in a city or other gove:rnrnenta.l subdivision
Iowa Code Chapter 335
within the county, and the board of supervi-
sors is authorized to pay to the officer compen-
sation as it deems fit.
7 335.10 Board of adjustment. The board of
supervisors shall provide for the appointment
of aboard of adjustment, an.d. in the regulations
and restrictions adopted pursuant to the au-
thority of this chapter shall provide that the
said board of adjustment may, in appropriate
cases, and subject to appropriate conditions
and safeguards, r.ni*.e special exceptions to the
terms of the ordinances or regulation.s in har-
mony with its general purpose and intent and
in a.ccorda.nce with the general or specific rules
therein contained, and provide that any prop-
erty owner aggrieved by the action of the board
of supervisors in the ad.option of such regula-
tions and restrictions may petitio.n the said.
board of adjustment direct to modify regula-
tions and :restrictions as a.pplied to such prop-
erty owners.
335.11 Membership of board. The board
of adjustment shall consist of :five mem.bers, a
majority of Vv. h o m shall reside within the
county but outside the corporate limits of any
city, each to be appointed for a terrn of five
years, excepting that -when. the board shall first
be created one member shall be appointed for
a term of five years, one for a term of four years,
one for a term of three, years, one for a term of
two years, and one for a term of one year. Mem-
bers shall be removable for cause by the ap-
pointing authority upon written charges and,
after public hearing. Vacancies shall be filled
for the unexpiredterms of any member whose
term becomes vacant.
335.12 Rules. The board shall adopt rules
in accordance with the provisions of any regu-
lation or ordinance adopted pursuant to this
chapter. 'Meetings of the board shall be held at
the call of the chair and at such other times as
the board. :may determine. Such chair, or in. his
or h.er absence, the acting chair, may adminis-
ter oaths and compel the attendance of wit -
Explanation
following responsibilities:
1. To issue permits for urban uses and collect any fees
that may be established for said permits.
2. To carry out administrative duties for the zoning
commission and board of supervisors.
3. To enforce the ordinance and stop all violations.
4. To explain the ordinance when citizens desire
information on zoning.
335.10 A board of d'ustment is necessary becauselit
in__:12g.p.a.ble to yitilinaricL112atxilLfiLaLga,ses
vhen hundreds o_f_p_p_Lc_els:2flaziistia.volu.e.
pliipsise of the board of adjustment is to alleviate cas
of hardship that are created by a literal en orcement.
Iheja18-1 to pr ide a
wbQa.Ib,ydIsagree with the interpretation and applica-
tion of zonin
335.11 The board of supervisors appoints members to
the board of adjustment as provided in this section. The
terms of the members are staggered so that only one
term may expire in any given year. This provides a
continuity to the board of adjustment.
The board of supervisors may also remove members
for good reason, but these charges must be in writing
and a public hearing held. Any board of adjustment
position that becomes vacant shall he filled by the
board of supervisors' appointee for the rest of the term
of the original appointment.
335.12 Because cases heard by the board of adjust-
ment may be appealed to the civil courts, it is essential
that complete records of all proceedings be kept. The
rules of procedure must be adopted and followed, and
all evidence must be carefully documented. The vote of
each member in each case must be recorded. These
records must be filed immediately in the office of the
board of adjustment.
COUNTY ZONING IN TOW
Explanation
335.13 The right of appeal is unlimited. However, the
board frequently receives appeals over which it has no
jurisdiction. When an appeal is made to the board, all
records involving the case must be transferred to the
board from the office of the zoning administrator. The
appellant must state in the appeal on what grounds the
appeal is made. The board shall establish the limit,
such as 30 days, within which an appeal must be filed.
335.14 When an appeal is filed with the board, no
further action may be taken in the proceedings until
the board has rendered a decision. if, however,
waiting for a decision from the board might be perilous
to life or property, corrective action may be taken
unless restrained by an order from the board or a
court of record,
335.15 The board of adjustment has three basic
powers as outlined in this section, These powers are as
follows:
1. If a citizen feels there is an error in the action of the
enforcing officer, a decision may be requested from the
board of adjustment. The board may decide against the
applicant, in favor of the applicant, or may modify the
decision of the enforcing officer. The board's decision
is final.
2. The zoning ordinance may state that certain excep-
tions to the ordinance may be granted by the board. An
6 • IOWA STATE UNIVERSITY EXTENSION
Iowa Code Chapter 335
nesses. All meetings of the board shali be open
to the public. 'the board shall keep minutes of
its proceedings, showing the vote of each
member upon each question, or if absent or
failing to vote, indicating such fact, and. shall
keep records of its examinations and other of-
ficial actions, all of which shall be immediately
filed in. the office of the board and shall be a
public record.
335.13 Appeals to board. Appeals to the
board of adjustme.nt may be taken by any per-
son aggrieved or by any officer, department,
board, or bureau of the county affected by any
decision of the administrative officer. Such ap-
peal sh.allbe taken within a reasonable time,
as provided by the rules of the board of adjust-
ment, .by filing with. the officer from whom, the
appeal is taken and with the board of adjust-
ment a notice of appeal specifyin.g .the ground.s
thereof. The officer from. whom. the appeal. is
taken shall forthwith transmit to the board of
adju.strnent all the papers constitutin.g the
record upon. which the action appealed from
was taken.
335.14 Stay of proceedings. An appeal
stays all proceedings in. furtherance of the ac-
tion appealed from, unless the officer .frorn
whom the appeal. :is taken. certifies to the board,
of adjustment after the notice of appeal shall
have been, filed with him that, for any reason
of facts stated in the certificate, a stay would,
in. his opinion., cause :imminent peril to life or
property. In such case proceedings shall not be
stayed otherwise th.an by a restraining order
which may be granted by the board of adjust-
ment or by a court of record on application on.
notice to the officer from whom the appeal is
taken and on due cau.se shown.
335.15 Powers of board. The board of ad-
justm.ent shall have the following powers:
1. 'Tb hear and decide appeals where it is
alleged there is error in any order, requirement,
decision, or determination made .by an.
administrative official in the enforcement of
this ch.apter or of any ordinance adopted. pur-
suant thereto.
2. To hear and decide speci.ai exceptions to
the terms of th.e ordinance upon. which such
lowa Code Chapter 335
board is required. to pa.ssnnder su.ch
3. To authorize upon appeal, :in specific
cases, such variance from the terms of the or-
dinance as will :not be contrary to the public
interest, where owing to upeciol conditions a
literal enforcement nfthe provisions ofthe or-
dinance will result: in unnecessary 6ards6ip'
andonthuttbeapirito[theozdnanceo6ollbe
observed and. substantial justice dune.
335.16 T)ecision. hi exercising the above
rnentionecl powers such board may, in co:nfor-
mity withthe provisions of this chapter, reverse
ora88cm,wholly orpazdy,ormay modify the
order, require.rnent, decision, or determ,ination
appealed from audmay make such order, rc'
qoirecue,`tdecioioo,ordeierroiootioomnoug6t
to he macle, andto that end shall have all
the powers of the officer from whom the ap-
peal is taken.
335.17 Vote required. Th.e concurring vote
of three members of the board. �.aUbeneces-
sary turever e any order, requirethentded'
sinn, ordetermivabcmofan7aocbadministra.-
dveofGciol, or to decide in favor of the appli-
cant on any matter upon which it is required
ppli'contooauymutteruponw6i«hitiurcgnired
to pass under any such ordinance or to affect
any var.iation in such ordinance,
335.18 Petition to court. Any ]erson or
persons jointly or severally aggrieved by any
decision of the board of adjustmentunder the
provisions of this chapter, or any taxpaycr, or
any officer, departme:nt, boa:rd, or bureau ofthe
county may present to a court of record a peti-
tion duly verified, setting forth that such d.eci-
sioniaU|eguJinwho|eorinpartape,ifyingi6o
grounds of the illegahty Such petition shail. he
prescnted to the court within 30 days after the
filing of the decsion, n the office of the hoa:rd.
335J9Review 6vcourt. Upon the presen-
tatkmofsuchpetitimn., the court :may allow u ad -
Explanation
example of such an exception is the location of a
buitding or prernises for use byepublic service corpo-
ration such as a water, gas, or power company when
orpo'nydonsuohasawato[gee.orpowe/onmpanywhml
the board believes it to be necessary for the public
welfare.
3. If unusual conditions or circumstances cause a
hardship when the provisions of zoning are applied, the
board is permitted to vary the law so that a reasonable
use of the property is allowed, Such conditions or
circumstances might result from extreme topography or
the shape of the property. For example, if zoning
requires that a building be set back 50 feet from the
stn*et, but such a requirement would place the building
in a ravine, the board may reduce the requirement so
that a reasonable building site is available on the lot.
335.16 The board of adjustment has fufl and final
authority in its decisions. The only recourse from a
decision of the board is through the courts. Decisions of
the board of adjustment do ot require approval of the
board of supervisors. The board of adjustment is
separate and distinct from the zoning commission and
should not be confused with it, In rendering a decision,
the board may approve the request, deny it, or
modify it.
335.17 The vote of at least three members of the board
is required to reach a decision. This means that if only
three of the five members of the board are present,
the favorable vote of alt three is required to approve
an appeal,
335.18 Any direement with a decision of the board
may be appealed to the civil courts. A petition to the
court must be filed within 30 days after the decision of
the board. This petition shall declare that the decision
of the board was iliegal and shall specify the grounds
on which the decision was found to be iliegal. If a
petition is not filed within 30 days, the courts have no
authority to hear the case and the board's decision
shall stand.
335.19 Upon the filing of a petition by ari aggrieved
party, the court may require the board of adjustment to
forward all records pertaining to the case to the court
COUNTY ZONING IN IOWA • 7
Explanation
for review. The appellant's case must be presented
within 10 days, but this period may be extended by the
court. Such an appeal shall not act as a stay on pro-
ceedings based on the decision of the board. The court
may grant a staying order, however, if the appellant
requests and can show adequate cause for ssuing the
restraining order.
335.20 The board of adjustment is not required to
forward to the court its orlginal record of the appeai but
must submit certified or sworn copies. These copies of
the record must contain all facts and evidence pertain-
ing to the case and evidence showing the grounds
upon which the decision was based,
335.21 the court's hearing shall be considered a new
hearing. The court may require tesUmony or may
appoint a referee to take evidence. The referee shall
report the finding of fact to the court and any conclu-
sions of the aw which may be established by the
referee. Such facand conclusions shall be made a
part of the court proceedings. The court may reverse,
approve, or modify the board's decision.
No court costs may be assessed against the board
unless it is apparent that the board acted with
nwg|ignnce, in bad faith, or with malice in rendering
its decision.
335.22 A petition of appeaconcerning a decision of the
board shall have priority over aD other civiI actions and
proceedings before the courts.
335.23 Power is granted to the board of suto
stop, prevert, or correcviolations of the zoning
ordinance. The supervisors may take any appropriate
action including prosecution against any violators of
the ordinance.
8 4 IowA STATE UNIVERSITY EXTENSION
Iowa Code Chapter 335
justment to review such decision. ot the board
of adju.stment and shall prescribe therein the
time within which a return thereto must be
onodoandaarvcdopooH6erex]hur'sattorncy,
'vhich sh.ail not be Iess than ten days and niay
be extended by the court. 1he allowance of the
writ shail not stay proceedings upon the deci-
swnoppeu|edfrooz'butL6ocoortmay,onap-
plication, on notice (nt6e6oard' and ondue
caoaeshovvn, gzan1arestrainin&orJoc
3352ORecord advanced. The board ofad-
justment obaD not be required Lo return the
original :papers acted upofl by it hut it shali be
sufficient to return uerd6ed or swum copies
thereof or c){ such portions thereof as may be
called for bysuch writ, The return shall con-
cisely setfo,d6mnc6nt6erfadnaamuybeper'
tineutandmatedaitoubuvvt6egruuodsoft6e
decisi.on appealed fro:m and shail he verified.
335.21 ]tial to court. If upon the hearing
which sha.II be triedcnovo iishall appear to
th.e court that testimony is .necessary for the
proper disposition of the matteL iirnay take
evidence or appoint a :referee to take such evi
6euceauitmay direct and report the same to
the court with. his findings offact and conclu-
sions ofluw\ which shall constitute a part of
theproceedings upon which the determination.
of the court shall be made. The court may re-
verse or affirrri, whol 1 y or part y, or may nodify
the decision hrought up for review.
(..ostsI,aIl nol be aiiowed against the hoard
unless it shall appear to the court th.at it acted
with gross negligence or i.n bad .faith or with
mali.ce in making the decision appealed from,
335.22 Precedence. All issues in any pro
cecdiogs under the foresoiug sections shall
have preference over all other civil actions
and proceedings.
335.23 Restraining Order. i.n case any
building or structuris erectedconstructed,
recooatruc��alterecLn9aircd,cmmerbd.,or
maintained; or any building, structure, or land
jsused inviolation ofthis chapter ofany ordi-
nance ornHerzeguiaUun`nodoouderaodhnr'
ih/cooferredthereby,theboordofsupezvisucn,
in addition to oth,er remedies, may institute ariy
appropriate action or proceedings to prevent
Iowa Code Chapter 835
such unlawful erection, construction, reum'
nbudiooaherodm\repaicnmvosion'main'
teoonce,oruoetorestrain,correctoruboteeud`
violation to prevent the occupancy of said
building, shncturc, or land or to prevent any
iliegal act, conduct, business, or use in or about
such premises.
335.24 Confl.id with other regulations. If
the regulahmn.smade under this chapter require
a greater width. or •size of yards, courts, or ot:her
open spaces, or require alower height of build-
ing or less uom.ber of stories, or require a
gr*atarpercentageo[iottobelnKuuoccopiecL
or impose other higher stan.dard.s than are re-
qu rcd in any other statute or local ordivanre
ocregulation, the cegnla§ooszuad000derthis
chapter govern. If any other statute or local
ordinance or regulation requires a greater
width or size of yards, courts or other open
spaces, or requires a lower he.ight of huiiding
or alaao number of stories, or a greater per-
centage oflottohe]eftunoccnDiecLorizupuses
other higher standards than are required bythe
regulations made under this chapter, the other
statute or local ordinance or regulation gov-
erns. If a regulation proposed or made under
this chapter re!ates 10 any structure, huiidi.ng,
darn, obstruction, deposit, orex,avadooiuo,
O:fl, the Iiood piains 01 any river or stream, prlor
approval of the department of water, air, and
waste man.agement is required to establish,
amend, supplement, change, or rnodify the
regulation or to grant any variation or excep-
tion from the regulation.
xc:p'tioofrnzodzcregu]udoo.
335.25Zoning for family homes.
1. It is the intent of this section to assist in
improving the quality of life ofdevelopmen-
tally dinab|edpereooabyio1ogradngdhcminto
the mainstrearn ot society hy making available
to dhcno comououityreaidentia| opportunities
in, the residential areas of this state. In order to
implement dhisintent, this section shall belib-
erally couotruod.
2.n.''Develnpzoeotaldisability" or"Devel-
opmentally disabled" means a disability of a
person whc6boneoff6efol]orviug:
(1) Attributable to mental retardation, ce-
rebral palsy, epilepsy; or autism.
ezebru}pm\sy,epilepyy;oraotisno.
(2) Attributable to any other condiboo
found to be closely reiated to mental retarda-
Explanation
335.24 When the zoning ordinance requires hiher
standards than other oca statutes or regulations, the
provisions of the zoning ordinance shall apply. When
other Iocal laws or regulations require higher standards
than zoning, such regulations and laws shafl apply.
Deed restrictions are private and enforceable only
through civil action. Deed restrictions have no effec
upon zoning regulations. Any zoning regulation which
relates to any activity within a flood plain may only be
estabshed or changed atter approval by the iowa
Department of Water, Air, and Waste Management.
335.25 This portion of the zoning law is intended to
allow developrnentaUy disabled people to reside in
residential areas in "family homes" of not more than
eight disabled people. Such hornes must be Iicensed
as residential care facilities or child foster care facilities.
Family homes are to be treated as permitted uses in all
residential districts and may not be subject to any
specia permit or variance procedure. A now family
home must be at least one-tourth mile away from
existing family homes. Family homes may not house
any resident:
a. who is dangerous to himself or herself or others,
b. who is in an active or acute stage of alcoholism, drug
addiction, mental iUnesa, or communicable disease.
c. whose condition or conduct is such that he or she
would be unduly disturbing to other residents, or
COUNTY ZONING IN IOWA • 9
Explanation
d. who is in need of medical procedures or services
that cannot be carried out in the facility. Restrictive
covenants cannot be used to inhibit family homes.
10 + IOWA STATE UNIVERSITY EXTENSION
Iowa Code Chapter 335
tion. because .the condition results in impair-
ment of general intellectual functioning or
adaptive behavior similar to that of mentally
retarded persons or requires treatment and ser-
vices similar to those required. for the persons.
(3) Attributable to dyslexia resulting from
a disability described in either su.b-paragraph.
(1) or (2).
(4) .Attributable to a mental or nervous dis-
order.
b. "Family home" means a comm.unity-
based residential home x•vhich. is licensed as a
residential care fa.cility under chapter 135C or
as a child foster care .facility und.er chapter 237
to provide room and board, personal care, ha-
b.i.litation services, and supervision in a family
environment exclusively for not more than.
eight developmentally disabled persons and
any necessary support persormel,
'However, family home does not mean an
individual foster family home licensed under
chapter 237.
c. "Permitted. use" means a use by right
whic.his authorized. in all residential zoning
districts.
d. "Residential" means regularly used by
its occupants as a permanent place of abode,
which is rmad.e one's home as opposed. to one's
place of business, and Which has .housekeep-
ing and cooking fa.ci.l.ities for its occupants only.
3. Notwithstanding the optional provision
in section 335.1 and, any other provision of this
chapter to the contrary, a county, county board
of supervisors, or a county zoning commission
shall consider a family home a residential use
of property for the purposes of zoning and s.hali
treat a family home as a permitted use in all
resid.enti.a.lzones or districts, including all
single-family residential zones or districts of
the county, .A county, county hoard of supervi-
sors, or a county zoning commission shall not
require th.at a family .home, its owner, or op-
erator obtain a conditional use permit, special
use permit, special exception, or vari.a.nce, Sec-
tion 135C.23, subsection 2 shall apply to all resi-
dents of a family home.
4. A restriction reservation, condition, ex-
ception, or covenant in a subdivision plan,
deed., or other instrum.ent of or pertaining to
the tra.n.sfer, sale, lease or use of property in a
county which permits residential use of prop-
Iowa Code Chapter 335
erty but prohibits the use of prop
erty as a fam-
ily6ome for devclopcucntally disabled per-
sons, to the extent of the prohibition
er-aora,tndheexteutoftbeprnhibition i,s void as
against the puhiic poiicy of this state and shall
not be given legal or equitable effect.
335.28Reoea.ledby0�ts,cb117.1097;
see 331 302(2).
335.27 Agricultural land preservation or
dinance.Kocoon1yodoptsaoogricnituou|nod
preoervntionordinaoce under this chapter
which subjects farmlo.nd to the same use re-
strictions provided in section 93A 6 for agri-
cultural areas, sect:ioo95A.10 to 93A.I2 and
section 472.3, subsection 6, shali appiy to farms
and farm operations which are subject to the
agricoliuralland preservation ordinance.
335.30 Manufactured home. A county
shall not adopt or enforce zoning regulations
or oth.er ordi:nances which clisallow the plans
and specifications of a proposed residential
structure soieiy because the proposed structure
iaamanufactured home. However, a zoning
ordinance or regulation shall require that a
manufactured home be located andinataDed
according toLheaauzeataodacdoknaf000do'
tion system, setback, and minimum square
footage which vvon|d apply to a site'bui\t,
single farnily dwelling on the same lot, A zon-
i.ng ordinance or other regulation shail not re-
quireire a foundation system for a manufactured
home which isincom.ipoOle with the structural
design. of the manufactured home structure.
units are !ocated outside a mobile honie
park, requirements may be imposed that en -
aur visual compatibility of the foundation sys-
.
Ex�Uanat^on
335.26 Section on penalties was repealod. This is now
a matter of county horne rule. However, a county may
not provide penalUes in excess of a $1 00 fine or more
than 30 days imprisonment
335.27 If a county adopts an agricultural land preserva-
tion ordinance, the use of farmland is restricted just as
it is in an agricultural area. That is, the land may be
used only for farm operations, farm houses, necessary
utilities, and other farm oriented uses. Certain benefits
also apply. The farm operations covered bythe agricul-
tural |endprenervodonordinanoomnapotect*dfrom
special tax assessments for such purposes as sewer,
water, lights, and non'formdrainage improvements,
Farmers in these areas also have some protection from
nuisance suits and are given priority for water permits.
The Iaw also indicatos that subsequent state agency
rules will not be considered discriminatory if they are
less restrictive concerning farm operations inside areas
protected by an agricultural land preservation ordi-
nance. Finally, if such land is condemned by the state,
a statement must disclose if any of the and is class 1 or
class 11 land, and itt s, that the condemnation
of this Iand is necessary, (For more information refer to
Extension Publication Pm -1 079, Iowa Land Use Law
Explained.)
335.30 Counties may not refuse to accepmanufac-
tured housing only on the grounds that it is manufac-
tured housing. Counties can apply the same foundation
standards, set -hacks, and minimum square footage
regulations that apply to other types of housing. A
mobi|ahnmeioconnidereda^manufaxturedhomo"on|y
if it has been converted to real property by removing
the wheels and placing it on a foundation. It also must
be taxed on the same basis as a site -built dweIing.
COUNTY ZONING IN IOWA • 11
Explanation
335.31 Elder family homes are considered family
homes and are subject to the same zoning regulation.
Their proximity to one another may be limited.
335.32 Homes for physcially disabled persons are
considered family homes and are subject to the same
zoning regulations.
335.33 The county board of supervisors shall consider
an elder group home a family home and can limit the
proximity of one group home to another.
Iowa Code Chapter 335
tem with surrounding residential structures. As
used in this section, "manufactured home"
means a structure, transportable in one or more
sections, built according to construction stan-
dards promulgated by the United States De-
partment of Housing and Urban Development
under authority of 42 U.S.C. sec. 5403.
335.31 Elder family homes. .A county
board of supervisors of county zoning com-
mission, shall consider an elder family home
a family home, as defined in section 335.25,
for purposes of zoning, in accordance with. sec-
tion 331A.2, and may identify limitations re-
garding tie proximity of one proposed. elder
home to another,
335.32 Homes for persons with physical
disabilities. ,A county board of supervisors or
colinty zoning commission. shall consider a
home for persons with physical disabilities a
family home, as defined in section 335.25, for
the purposes of zoning, in accordance •with.
chapter 504C.
335.33 Elder group homes. A county board
of supervisors or county zoning commission
shall consider an elder group home a family
home, as defined in section 335.25, in accor-
dance with section 231B.2, and may establish
limitations regarding the proximity of one pro-
posed el.d.er group .home to another.
Prepared by Stuart H. Huntington, extension community planning specialist
IOWA STATE UNIVERSITY
University Extension
Helping Iowans become their best.
B
File: Community Resource Development 2
and justice for all
The U.S. Department of Agriculture (USDA) prohibits discrimina-
tion in all its programs and activities on the basis of race, color,
national origin, gender, religion, age, disability, political beliefs,
sexual orientation, and marital or family status. (Not all prohibited
bases apply to all programs.) Many materials can be made
available in alternative formats for ADA clients. To file a complaint
of discrimination, write USDA, Office of Civil Rights, Room 326-W,
Whitten Building, 14th and Independence Avenue, SW, Washing-
ton, DC 20250-9410 or call 202-720-5964.
Issued in furtherance of Cooperative Extension work, Acts of May
8 and June 30, 1914, in cooperation with the U.S. Department of
Agriculture. Stanley R. Johnson, director, Cooperative Extension
Service, Iowa State University of Science and Technology, Ames,
Iowa.