County, city at odds on zoning

HARTINGTON — Cedar County does not have to abide by Hartington’s zoning board decision denying the county a zoning change request, Cedar County Attorney George Hirschbach told Cedar County Commissioners last week.
The County had requested that land purchased by the county last October, be rezoned from residential to commercial.
The land, located adjacent to the county courthouse on the east side of the block, had two houses on it. Those houses will be used for parking and a well field for a planned geothermal heating and cooling system for the courthouse.
The county submitted its request to have the land rezoned, but the request was denied during a recent city Zoning Board meeting.

County Attorney George Hirschbach told Cedar County Commissioners his legal opinion is that the county does not have to worry about asking the city zoning board or City Council to have land rezoned in conjunction with its proposed building projects.
“The application should never have been filed, it is not applicable.” Hirschbach said.
Hirschbach said the county does not legally have to apply for a city building permit, either.
Hirschbach said there are at least two legal reasons why the county does not have to abide by city code in this matter.
The county can prove it should be grandfathered in, he said.

Hirschbach also noted that legal precedent shows that the county does not have to seek a zoning change or a building permit because the county is a political entity with the power of eminant domain. Any governmental entity with the power of eminent domain is exempt from local zoning laws, he said.
Hirschbach said he has contacted City Attorney Steve Pier about the matter.
He said he hopes the county will  not have to pursue and legal avenues in the case.

Cedar County Commissioners were informed Tuesday the state will not help the county to widen the approach to the old Meridean Bridge.