Constitutionality of Subdivision Zoning Ordinance At Issue

This case concerns an owner of a corner lot located in a private subdivision that was zoned agricultural. The county zoning administrator and county Board of Adjustment determined that the lot needed to have a side-yard setback of thirty feet. The zoning ordinance in question was adopted by the county in 1984 and specified that any residence was to have a side-yard setback for access- corner lots had a thirty foot setback. The property owner disagreed with the setback rules and constructed a home on the lot that did not comply with the ordinance. 

The county informed the property owner in writing of the setback violation. A month later, they filed a petition at the trial court for an injunction from continued construction. After the county board of adjustment ruled that the property owner was subject to the ordinance, the case proceeded to trial. The property owner argued that the county zoning ordinance did not apply to his property because his property was located on private roads. He also argued that his lot was not a corner lot because the lane near his home was not a thoroughfare and that the zoning ordinance did not properly define “thoroughfare”- thus, the ordinance was vague and unconstitutional.  However, the trial court upheld the ordinance.

On appeal, the court refuted each of the property owner’s arguments. First, the court noted that Iowa counties have the authority to adopt zoning regulations for “land and structures located within the county but lying outside of the corporate limits of any city” under Iowa Code Ch. 335. In addition, a “thoroughfare” was properly defined in the ordinance as a public or private way which affords the principal means of access to abutting property. Finally, the appellate court found that the ordinance was not unconstitutionally vague. The statute was reasonably defined and included “common understanding or practice.” Thus, the property owner’s lot was a corner lot and he was subject to the ordinance. Allamakee County, Iowa v. Schaumberg Living Trust, No. 9-650/09-0082 (Iowa Ct. App., Feb. 24, 2010).