2017 Spencer Comprehensive Land Use Plan

Spencer, Iowa  2017  Comprehensive Plan

parts of the community that have been identified as growth areas. In this way roads, sewers, water, and other services can be supplied on an as-needed basis. Zoning also helps protect private investment by providing those who purchase property with a sense of certainty about future development. Not only does a property buyer know what they can do with the land, but the buyer also knows what land uses are allowed on adjoining parcels. To summarize, zoning can: • Serve as a planning and development tool to keep future costs of public services lower. • Group compatible land uses and separate those likely to in conflict with one another. • Provide adequate space for each type of land use classification in the community. • Help protect lands by directing certain types of development (e.g. residences, businesses and industries) away from encroaching or conflicting land uses within the city limits. • To establish buffer areas with limited development in which the city may wish to protect certain land uses from encroaching rural or agricultural developments. • Prevent congestion on streets and highways and help minimize costs associated with the utilities, infrastructure, and construction of streets or highways. Correct past mistakes in land use. Those structures, buildings and land uses that are in place when the zoning ordinance is established are called nonconforming uses and are "grandfathered" until such use or building ceases to exist. Henceforth, objectionable, or incompatible land uses from the past will not be immediately corrected. • Guarantee the soundness nor regulate the physical appearance of structures built in a zoning district. • Restrict or regulate the encroachment of intense or potentially conflicting agricultural land uses from locating near the city limits. The Planning and Zoning Commission, appointed by city council, prepares and oversees the development of both the zoning ordinance and the comprehensive plan. The zoning ordinance consists of two parts: the zoning map and the text. The zoning map clearly indicates the boundaries of all zoning districts within the jurisdiction. The zoning ordinance text may vary in terms of length and format; however certain standard elements undoubtedly will be present. Some reference will be made to Chapter 414, Code of Iowa, as the legal authority for zoning in the state. Similarly, there should be a statement of the public purpose to be achieved by zoning regulations. The zoning ordinance should contain definitions, the establishment of zoning districts, authorization for official zoning map, specific regulations for each of the designated zoning districts, dimensional standards or bulk regulations for each district, and information on administration, enforcement, and amendment of the ordinance. EXTRATERRITORIAL ZONING AND LAND USE In accordance with Section 414.23 of the Iowa Code, “The powers granted by this chapter may be extended by ordinance by any city to the unincorporated area up to two miles beyond the limits of such city, except for those areas within a county where a county zoning ordinance exists…” Since Clay County has a zoning ordinance and enforces zoning regulations, Spencer is limited in enforcing extraterritorial zoning provisions over unincorporated lands. With that stated, zoning controls in the To summarize, zoning cannot: • Cure all the city's growth and development problems. •

157 | P a g e

NW Iowa Planning & Development