HomeMy WebLinkAboutA002 - Memo from City Attorney to Planning, subdivision and zoning regulations in Boone County MEMORANDUM
TO: Ray Anderson, Planner
FROM: John R. Klaus, City Attorne�
DATE: October 13, 1993
RE: Subdivision and Zoning Regulations in Boone County
Subdivision Regulations
Sec. 354.9, Code of Iowa, 1993, requires a city to adopt an ordinance de-
scribing the boundaries of the county area within two miles of the city in
which city wants subdivision review. Ames has done this for Story County.
(See: Sec. 23. 1(3) , Ames Municipal Code.) The city would have to adopt
another ordinance to do the same with respect to Boone County.
Zoning Regulations
Sec. 414.23 states that a city may by ordinance extend its zoning regulations
up to two miles beyond the city limits if the county does not have zoning.
If Boone County does not have zoning, that is an option. If the city exer-
cises that option, it will have to increase the size of its planning and
zoning commission and its board of adjustment each by two members. The
additional members shall be residents of the area outside the city limits
over which city zoning has been extended. They shall be appointed by the
Board of Supervisors for Boone County. The statue states that these addi-
tional members would . . have the same rights, privileges, and duties as
other members of each of said bodies." I take that to mean they would count
toward the quorum and could vote on any and all matters before the boards,
not only those matters pertaining to the area in the county from which they
were appointed.
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