Chapter 18.05
GENERAL PROVISIONS Revised 8/24
Sections:
18.05.020 Purpose and objectives.
18.05.040 Interpretation of standards. Revised 8/24
18.05.010 Notice.
The text of this title and the zoning maps are subject to occasional change through amendments to this title. Information to any specific property may be attained from the Planning and Zoning Office. [Ord. 36, 1995. Code 2009 App. A.]
18.05.020 Purpose and objectives.
The ordinance codified in this title is adopted in accordance with the Black Hawk County comprehensive land use plan, 1980, as amended, and as permitted and specifically authorized in Iowa Code Chapters 352, Land Preservation, and 335, County Zoning, as amended.
This title is intended and designed to meet the specific objectives of Iowa Code Chapter 335.5, as amended; to preserve the availability of agricultural land; to consider the protection of soil from wind and water erosion; to encourage efficient urban development patterns; to lessen congestion on the street or highway; to secure safety from fire, flood, panic, and other hazards; to protect health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public improvements.
Furthermore, this title is also intended and designed to meet the specific purpose of Iowa Code Chapter 352, as amended, to provide local citizens and local governments the means by which agricultural land may be protected from nonagricultural development pressures. This is accomplished by the creation of the Black Hawk County comprehensive plan, 1980, as amended, the adoption of this agricultural land preservation ordinance and the establishment of agricultural land preservation areas, as provided for in this title, so that land inside these areas shall be conserved for the production of food, fiber, and livestock, thus assuring the preservation of agriculture as a major factor in the economy of this County and state. It is further the intent of this title as authorized in Iowa Code Chapter 352 to provide for the orderly use and development of land and related natural resources in Iowa for residential, commercial, industrial, and recreational purposes, preserve private property rights, protect significant natural and historic resources and fragile ecosystems of this County including forests, wetlands, rivers, streams, lakes and their shorelines, aquifers, prairies, and recreational areas, provide the efficient use and conservation of energy resources, and promote the protection of soil from wind and water erosion. [Amended during 2014 recodification; Ord. 36, 1995. Code 2009 App. A.]
18.05.030 Title.
This title shall be known and may be cited and referred to as the “Black Hawk County, Iowa, agricultural land preservation and zoning ordinance,” Ordinance No. 36. [Ord. 36 § 1, 1995. Code 2009 App. A, § 1.]
18.05.040 Interpretation of standards. Revised 8/24
In their interpretation and application, the provisions of this title shall be held to be the minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. It is not intended by this title to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. Where provisions or requirements of this title conflict, the most restrictive provision or requirement applies, unless otherwise specified. All other ordinances inconsistent with this title are hereby repealed to the extent of the inconsistency only. If any section, clause, provision or portion of this title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this title shall not be affected thereby. [Ord. 147, 2024; Ord. 106, 2009; Ord. 36 § 3, 1995. Code 2009 App. A, § 3.]