Page 10 - Des Moines - Zoning, Planning and Design Ch 134, 135
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134-1. iNtrODUctOrY PrOViSiONS DRAFT
Title
134-1.1 title 1.7.2 The use of land, buildings and structures must
This chapter of the municipal code is known and may comply with the provisions of this zoning ordinance.
be cited and referred to as the “zoning ordinance” of
the city. 1.7.3 Buildings and structures erected, located,
moved, reconstructed, extended or structurally
altered must comply with the provisions of this zoning
134-1.2 Authority ordinance.
This zoning ordinance is adopted under the authority of
Iowa Code Section 364.1 and Iowa Code Chapter 414.
134-1.8 Conflicting Provisions
134-1.3 Effective Date 1.8.1 StAte Or FeDerAl reGUlAtiONS
The provisions of this zoning ordinance become If the provisions of this zoning ordinance are
effective on [INSERT DATE], except as otherwise inconsistent with or conflict with state or federal law,
expressly stated. including Iowa Code Chapter 8C and the Spectrum Act
and/or similar FCC regulations, the applicable state and
134-1.4 Applicability and Jurisdiction federal law or regulation govern.
The provisions of this zoning ordinance apply to all 1.8.2 OtHer citY reGUlAtiONS
public and private use and development of properties If the provisions of this zoning ordinance are
within the corporate limits of the city, except as inconsistent with one another or if they conflict with
provided by state or federal law or as otherwise provisions found in other adopted ordinances or
expressly stated in this zoning ordinance, and excluding regulations of the city, the more restrictive provision
public right-of-way unless otherwise expressly stated.
governs unless otherwise expressly stated. The more
restrictive provision is the one that imposes more
134-1.5 Purposes stringent controls.
This zoning ordinance is adopted for the purposes of:
1.8.3 PriVAte AGreeMeNtS AND cOVeNANtS
1.5.1 Protecting and promoting the public health, The city is not responsible for monitoring or enforcing
safety, morals and general welfare; and agreements or covenants among private parties. If the
provisions of this zoning ordinance impose a greater
1.5.2 Implementing the policies and goals of the restriction than imposed by an agreement or covenant
comprehensive plan and other relevant, officially among private parties, the provisions of this zoning
adopted plans of the city. ordinance govern.
134-1.6 Minimum Requirements 134-1.9 Language and Interpretation
1.6.1 The provisions of this zoning ordinance are the 1.9.1 CONJUNCTIONS
minimum requirements deemed necessary to carry out
the zoning ordinance’s stated purposes. A. Unless the context otherwise expressly indicates,
conjunctions have the following meanings:
1.6.2 In addition to the requirements of this zoning B. “And” indicates that all connected items or
ordinance, all uses, buildings and structures must provisions apply; and
comply with all other applicable ordinances, laws and
regulations. c. “Or” indicates that the connected items or provisions
may apply singularly or in combination.
1.6.3 References in this zoning ordinance to other
governmental regulations do not constitute a complete 1.9.2 illUStrAtiONS
list of such regulations. These references do not imply Illustrations are provided for convenience and
any responsibility for the city to enforce regulations reference only and do not define or limit the scope of
imposed by other government authorities. any provision of this zoning ordinance. In case of any
difference of meaning or implication between the text
134-1.7 Compliance Required of this zoning ordinance and any figure or illustration,
the text governs.
1.7.1 All lots created or modified must comply with all
applicable provisions of this zoning ordinance.
134-1-2 DRAFT AUgUST 3, 2017
