CHAPTER 5
THE JONES COUNTY SECONDARY ROAD SETBACK ORDINANCE
TITLE IV STREETS, ROADS, PUBLIC WAYS, AND TRANSPORTATION

SECTION 1.  TITLE
This ordinance may be known and may be cited and referred to as the "Jones County Secondary Road Setback Ordinance".

SECTION 2.  PURPOSE
The purpose of this ordinance is to insure uniform building and improvement locations along County public secondary road rights-of-way that will protect and preserve the highway corridor potential for future expansion, construction and growth and to insure that future improvements in or along the public secondary road rights-of-way may occur at a reasonable cost to the County taxpayer.  This also includes adoption of provisions for the inspection and regulation of building and improvement locations and to provide penalties for the violation of this ordinance in order to protect public safety, health and welfare.

SECTION 3.  DEFINITIONS
For use in this ordinance, certain terms and words used herein shall be interpreted or defined as follows:

      A.    Landowner: Includes a person, persons, company, corporation or governmental entity desirous of locating a new building or improvement along the County's secondary road system.

      B.    Board of Supervisors: Refers to the Jones County Board of Supervisors.

      C.    County: Refers to Jones County, Iowa.

D.    Highway corridor: Means the highway right-of-way and all that area within thirty (30) feet outside the established road rightxofxway line on each side of the road.

      E.    Building or improvement: Means any new building or other improvement which would result in a financial obligation to Jones County in the event new right-of-way for roadway construction or maintenance would require acquisition of the location of the building or improvement.  This would include but not be limited to any enclosed building, house, barn, machine shed, silo, livestock feeding floor, elevator, etc.  This shall not include fences.

      F.    Platted Unincorporated Villages of Jones County:
            1.    Amber, as per the recorded plats named: Blue Cut; First Addition to Blue Cut.
            2.    Canton, as per the recorded plat named: Canton.
            3.    Fairview, as per the recorded plats named: Fairview; Addition to Fairview (also known as Baker & Sandusky's Addition); Wilcox's Addition to the Town of Fairview.
            4.    Hale, as per the recorded plats named: Hale Village; Preston's Addition to Hale.
            5.    Langworthy, as per the recorded plats named: Langworthy; Preservation Acres.
            6.    Oxford Mills, as per the recorded plats named: Oxford; Francis Lathrop's Addition to Oxford Mills; Milo Lathrop's Addition to Oxford; S.F. McDonald's 1st Addition to the Town of Oxford.
            7.    Scotch Grove, as per the recorded plat named: Scotch Grove.

SECTION 4.  POWERS OF THE BOARD OF SUPERVISORS
A landowner shall not place a building or improvement along the secondary road system within the highway corridor as defined above.  A landowner shall not place a building or improvement along the secondary road system, which is contrary to this ordinance.  All jurisdiction and control over the application of this ordinance shall rest with the Board of Supervisors.

The County Engineer or Jones County Board of Adjustment may grant variances to this ordinance only for property located in the platted unincorporated villages of Jones County as defined in SECTION 3. Definitions. Setback distances approved by a variance shall be based on the average footage consistent with the setbacks of the prevailing adjoining properties.  All variances shall receive the approval of the County Engineer. When a request for a variance to the Jones County Land Use Ordinance has also been requested for the property, the variance shall receive the approval of both the County Engineer and the Board of Adjustment.

SECTION 5.  COUNTY ENGINEER TO ADMINISTER
The Jones County Engineer may make such rules and regulations, not inconsistent with this ordinance, as are necessary to carry out the administration of this ordinance.

SECTION 6.  AUTHORITY TO ESTABLISH
The Board of Supervisors are empowered to establish and require a permit under the authority of Iowa Code Chapters 331 and 335. -

SECTION 7.  PENALTY
Violation of this ordinance is a county infraction under Iowa Code Section 331.307, punishable by a civil penalty of $100 for each violation.  Each day that a violation occurs or is permitted to exist by the applicant constitutes a separate offense.  In addition, any building or improvement in violation of this ordinance that requires relocation or removal due to additional right-of-way requirements for any construction project or maintenance activity of Jones County shall be at the landowner's expense.

SECTION 8.  SEVERABILITY CLAUSE
If any section, provision, or part of this ordinance shall by adjudged invalid, or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof, not adjudged invalid or unconstitutional.

Passed and approved September 29, 1998
Published Ocotber 14, 15, and 16, 1998

Amended March 30, 1999
Published April 14, 15, and 16, 1999