Zoning, building permits and septic rules in Merrill, Iowa

Merrill’s own rules

• Building permitRequired

  Building, alteration, use or occupancy of any building or structure inside Merrill city limits.

  • 155.02: the city clerk is the building official and administers and enforces Chapter 155.
  • 155.07: work with a valid permit or lawful approval issued before June 1, 1992 is not required to change.
  • 155.13: a permit is void if construction is not initiated and under way within one year of issuance.

  “no building or other structure shall be erected, altered, used, or occupied within the city without first receiving a permit therefor.”

• Local zoningPresent (with conditions)

  Land inside Merrill city limits: Chapter 155 Building and Land Use Regulations establishes a restricted residence district in the platted portion of Merrill.

  • Chapter 155 defines one district (restricted residence district) and does not itself call it a comprehensive zoning ordinance; no separate zoning chapter appears in the city ordinance index.
  • 155.14 excludes a described area from the restricted residence district.
  • 155.15 requires a special use permit with affirmative vote of three-fourths of all council members for non-residential structures in the district.
  • 155.16 exempts businesses existing and in operation in a restricted residence district on June 1, 1992, except reconstruction, alteration and similar changes.

  “the following area is hereby defined and established as a restricted residence district: all of the platted portion of merrill, plymouth county, iowa, except the following described area:”

• Zoning districtsPartial

  District map or list for land inside Merrill city limits

  • Chapter 155 defines one district: the restricted residence district (platted portion of Merrill, with excluded areas described in 155.14).
  • No zoning map was found; the district is described by legal description rather than a published map.

  “the following area is hereby defined and established as a restricted residence district: all of the platted portion of merrill, plymouth county, iowa, except the following described area:”

• Minimum dwelling sizeDistrict specific (with conditions)

  Dwellings in Merrill's restricted residence district (the single district under Chapter 155, platted portion of Merrill inside city limits).

  • The 22-foot figure is a minimum narrowest dimension, not a minimum floor area.
  • The dimension excludes attached garages, porches or other accessory structures.
  • Principal structures must also be placed on a permanent frost-free foundation (155.23).

  minimum narrowest dimension of dwelling, restricted residence district: >= 22 feet (excludes attached garages, porches or other accessory structures)

  “no dwelling shall be erected, placed, or occupied within the restricted residence district unless such dwelling shall have a minimum dimension of twenty-two (22) feet measured at the narrowest point of such dwelling.”

• SetbacksDistrict specific (with conditions)

  Front yard for buildings in Merrill's restricted residence district (the single district under Chapter 155). Side and rear yard minimums (155.20, 155.21) were not captured.

  • Exceptions in 155.19: between existing buildings (item 1), adjacent to existing building (item 2), and double frontage (item 3).
  • Accessory garages and buildings have separate limits under 155.24 (rear yard coverage no more than 30%, at least 2 feet from side or rear lot line).

  front yard minimum, restricted residence district: >= 25 feet (155.19 exceptions for buildings between existing buildings, adjacent to an existing building, and double frontage lots)

  “within the restricted residence district there shall be a front yard of not less than twenty-five (25} feet, except as follows:”

• Off-grid sanitationLimited

  Private on-site sewage disposal for buildings inside Merrill city liments.

  • Construction or maintenance of on-site systems is unlawful except as otherwise provided in Chapter 98 (98.01).
  • Systems are required for buildings only when no public sanitary sewer is available, and must be approved and permitted by the county board of health.
  • Discharge to ditches, streams, the ground surface or drain tile is prohibited (98.05).

  “except as otherwise provided in this chapter, it is unlawful to construct or maintain any on-site wastewater treatment and disposal system or other facility intended or used for the disposal of sewage.”

• Mandatory utility hookupSewer (with conditions)

  Existing buildings on property served by private on-site wastewater inside Merrill city limits, where a public sanitary sewer becomes available.

  • Applies when a public sewer becomes available to the property, as provided in section 95.05 (not opened).
  • Water connection requirements were not found in the opened text.

  “at such time as a public sewer becomes available to a property served by an on-site wastewater treatment and disposal system, as provided in section 95.05, a direct connection shall be made to the public sewer”

• Permit feesPublished (with conditions)

  Building permit fees for work inside Merrill city limits under Chapter 155

  • 155.05 also lists $400 for a residential dwelling with 3/4-inch water service, $400 for a commercial building with water service, $110 for a commercial building without water service, $40 for a garage, $30 for a storage/utility shed, playhouse or yard structure, deck, patio or pool, and $10 for a fence or sign.
  • The permit fee accompanies the application (155.05).

  permit fee, residential dwelling with one-inch water service line: 500 USD · permit fee, residential dwelling with 3/4-inch water service line: 400 USD

  “$500.00 for a residential dwelling utilizing a one-inch water service line.”

• Permit processPublished (with conditions)

  Building permit process for work inside Merrill city limits

  • 155.04: application in writing to the building official with name, address, legal description, proposed work, use, and plans or sketches the building official requires.
  • 155.08: the building official examines the application and forwards findings to council.
  • 155.09: council approves or disapproves; if approved, council instructs the building official to issue the permit.

  “application shall be made in writing, filed with the building official and contain the following information”

Rules another office applies inside Merrill

Merrill does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Who permits septicCounty (with conditions)

  On-site wastewater (septic) systems for buildings inside Merrill city limits, where no public sanitary sewer is available. The county board of health is the rule-maker and it applies inside Merrill city.

  • Merrill Chapter 98 defers the type, capacity, location and layout of systems to Iowa Administrative Code 567 chapter 69 and to additional requirements of the county board of health.

  “no person shall install or alter an on-site wastewater treatment and disposal system without first obtaining a permit from the county board of health.”

• Septic permitRequired

  Installing or altering an on-site wastewater system inside Merrill city limits. The permit is issued by the county board of health, not by the city.

  • 98.02: systems are required for buildings only when a public sanitary sewer is not available under section 95.05.

  “no person shall install or alter an on-site wastewater treatment and disposal system without first obtaining a permit from the county board of health.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Merrill or Plymouth County directly.

• Owner-builder exemption — Owner-builder permit exemption inside Merrill city limits
• Building code adopted — Adoption of a building code inside Merrill city limits
• Inspections — Inspections of new construction inside Merrill city limits
• Certificate of occupancy — Certificate of occupancy for new dwellings inside Merrill city limits
• Minimum lot size — Minimum lot size inside Merrill city limits

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.