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Calhoun County supervisors adopt a package of zoning ordinance amendments; nonconforming-use rule extended to 24 months

Calhoun County Board of Supervisors · May 26, 2026
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Summary

The Calhoun County Board of Supervisors voted unanimously May 26 to adopt multiple edits to the countyzoning ordinance, including a new accessory-dwelling-unit provision to comply with state law and a change extending the rebuttable-presumption period for nonconforming uses from 12 to 24 months.

ROCKWELL CITY, Iowa May 26, 2026

The Calhoun County Board of Supervisors voted unanimously Tuesday to adopt a set of amendments to the countyProposed Zoning Ordinance that the County Attorney read aloud and the Board considered item by item.

The package included a new accessory dwelling unit (ADU) section to comply with Iowa Code Section 331.301(27) (Senate File 592), clarified the countypublic-notice and penalty provisions to conform with state law, and revised several drafting errors and grandfathering rules. The Board also revised the nonconforming-use provisions so that cessation or discontinuance of a nonconforming use or structure for more than 24 months creates a rebuttable presumption of abandonment and generally requires subsequent uses to conform to district regulations.

The changes were presented by the County Attorney, who told the Board that none of the amendments "change the general purpose of the Ordinance as published." The motions approving the listed items carried unanimously; the minutes record "Ayes all" for each vote.

Why it matters: The adopted edits update the countyordinance to reflect recent state statutory changes, correct internal inconsistencies, and clarify processes affecting property owners in unincorporated areas. Notably, the ADU provision implements a statutorily required local path for accessory dwelling units on single-family lots, and the longer nonconforming-use trigger gives property owners more time before a use is treated as abandoned.

What the Board approved

Votes at a glance (selected items adopted unanimously): - Number 1: Add Section 6-7-21A to allow accessory dwelling units consistent with Iowa Code Section 331.301(27) (ADUs permitted with ministerial review and specified standards). - Number 3: Revise definition of "Public Notice" to require publication no fewer than four and no more than twenty days before a hearing (conforming to Iowa Code Sections 335.6 and 331.305). - Number 5 (revised): Redefine the R-3 residential district application so it applies only to certain previously platted lands and as the default for lands added to the unincorporated area by disincorporation or disconnection. - Number 6: Correct Section 6-7-7(1) to reflect eight district classes in unincorporated areas. - Number 8 (revised): Change nonconforming-use/structure discontinuance triggers from one year to twenty-four months and adopt a rebuttable presumption of intent to abandon after that period. - Number 9: Replace a hard-coded monetary penalty range with a reference to Iowa Code Section 903.1 (as amended) and retain daily-offense and civil enforcement provisions. - Numbers 10, 11, 12, 13, 14, 16, 17, 18, 22, 25, 28: Various clarifications and scrivenercorrections including agricultural-structure exemptions, limits on temporary use permits, Official Zoning Map maintenance, protest-petition filing deadlines, parking and driveway grandfathering, building-code references, and a consistency statement with the county Comprehensive Plan update.

County Treasurer presents tax-abatement request; Board approves

County Treasurer Lori Erkenbrack presented a petition from the City of Lohrville asking for abatement or compromise of delinquent real-estate taxes on public-bidder property. The Board approved the petition (motion by Dave George, seconded by Cory Ridgely).

Other actions

- EMS: Bruce Musgrave, EMS Director, reported department updates and presented a final paid-time-off payout for Hunter Voith following employment separation; the Board approved the payout. - Claims: The Board reviewed and allowed claims checks 81992-82078 and bank drafts DFT0005950-0005975. - Timesheet review: The Board reviewed, on behalf of the Calhoun County Conference Board, Assessor Joan Wagner's timesheet for April 2026. - Events permit: The Board approved a fireworks permit for the Twin Lakes Events Committee at Featherstone Park for July 4 (rain date July 5).

The meeting was adjourned; the Board set its next regular meeting for June 9, 2026, at 9:00 a.m. (the Board Room will be used June 2 for absentee voting related to the primary election).

Sources: Meeting minutes and motions recorded by the Calhoun County Auditor; County Attorney read the ordinance edits to the Board during the May 26, 2026 meeting.