2. Geographic location Permitted, conditional and accessory uses Additional requirements Dimensional standards 7-9

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1 ARTICLE 7 ZONING CLASSIFICATIONS, DENSITY, DIMENSIONAL STANDARDS AND ALLOWED USES Section 1 Districts and District Boundaries Reclassification Establishment of districts and overlay zones Boundaries and Official Zoning Map Rules for interpretation of district boundaries New territory Zoning districts dividing property/split zoning Relationship between Comprehensive Plan and zoning district 7-6 Section 2 AG Agricultural District Purpose Geographic location Permitted, conditional and accessory uses Additional requirements Dimensional standards 7-6 Section 3 RR2 Rural Residential 2-Acre District Purpose Geographic location Permitted, conditional and accessory uses Additional requirements Dimensional standards 7-8 Section 4 RR3 Rural Residential 3-Acre District Purpose Geographic location Permitted, conditional and accessory uses Additional requirements Dimensional standards 7-9 Section 5 RR1 Rural Residential 1-Acre District Purpose Closed district/rezoning prohibited Permitted, conditional and accessory uses Additional requirements Dimensional standards 7-10 Section 6 VR and VM Rural Village Districts Purpose Geographic location Permitted, conditional and accessory uses Additional requirements VR Village Residential District VM Village Mixed-Use District Design guidelines Rural Village Districts Form standards Section 7 USR Urban Services Residential District Purpose Intent and geographic location Permitted, conditional and accessory uses Additional requirements Dimensional standards 7-16 Section 7A USR-MF Urban Services Residential-Multi-Family January 1,

2 Section 8 Section 9 District Purpose Intent & Geographic Location Permitted conditional and Accessory uses Additional requirements Dimensional standards HC Highway Commercial District Purpose Geographic location Permitted, conditional and accessory uses Additional requirements Dimensional standards Buffers 7-19 GC General Commercial District Purpose Geographic location Permitted, conditional and accessory uses Additional requirements Dimensional standards Buffers 7-21 Section 10 I Industrial District Purpose Geographic location Permitted, conditional and accessory uses Additional requirements Dimensional standards Buffers 7-22 Section 11 CNR Critical Natural Resources District Purpose Geographic location of CNR District Criteria for designating critical natural resources Delineated critical natural resources Permitted, conditional and accessory uses Additional requirements Dimensional standards Information required of applicants General performance standards Performance standards for specific uses 7-27 Section 12 REC Seasonal Cabin and Recreation Areas Overlay District Purpose Closed district/rezoning prohibited Geographic area Cabin area expansion Cabin improvements and expansions Road standards for new or expanded roads Section 13 FP Floodplain Overlay District Purpose Geographic location Establishment of Official Floodplain Zoning Map Warning and disclaimer of liability Floodplain administration January 1, 2006

3 6. Establishment of Floodplain Overlay Districts Permitted uses, conditional uses, and performance standards Floodproofing standards Performance standards for recreation vehicles not associated with a campground.7-40 Section 14 EU-1 Exclusive Use 1 - Sanitary Landfill District Findings of fact General intent Other applicable State of Iowa and administrative code requirements Applicability Principal permitted uses Accessory uses Site and structure requirements Application for landfill siting and EU-1 Sanitary Landfill District reclassification Evaluation criteria and standards Consultation by Iowa Department of Natural Resources Post construction of sanitary landfill Section 15 MH Mobile Home District Purpose Geographic location Permitted, conditional and accessory uses Additional requirements Dimensional standards and density standards Maximum height Buffers Minimum mobile home unit standard for utility service Mobile home park development plan Amending procedure Minimum requirements for mobile home sites Yards, mobile home lot Required separation between mobile homes, accessory uses, and appurtenances Park perimeter general area requirements Soil and ground cover requirements Site drainage requirements Lot markers Accessory uses Required recreation areas Park street systems Required parking areas Walks Mobile home stands Water supply Sewage disposal Individual sewer connections Electrical distribution system January 1,

4 28. Service building and other community service facilities Refuse handling Insect and rodent control Natural gas system Liquefied petroleum gas systems Fuel oil supply systems Fire protection Responsibilities of park management Responsibilities of park occupants Restriction on occupancy Mobile home park regulations, variations and exceptions Occupancy Storage Section 16 Use Table Use table Uses include in general categories 7-63 Section 1 Districts and District Boundaries 1. Reclassification. The zoning districts established under the prior zoning ordinance shall be reclassified as shown in the reclassification list associated with the Official Zoning Map. (Amended by Ordinance # , Effective April 01, 2007) 2. Establishment of districts and overlay zones. In order to carry out the purpose and intent of this Ordinance, the unincorporated territory of Linn County, Iowa, is hereby divided into the following zoning districts and overlay zones: (a) AG Agricultural District (b) RR2 Rural Residential 2-Acre District (c) RR3 Rural Residential 3-Acre District (d) RR1 Rural Residential 1-Acre District (e) VR and VM Rural Village Districts (f) USR Urban Services Residential District (g) USR-MF Urban Services Residential Multi-Family District (h) HC Highway Commercial District (i) GC General Commercial District (j) I Industrial District (k) CNR Critical Natural Resources District (l) REC Seasonal Cabin and Recreation Areas Overlay District (m) FP Floodplain Overlay District (n) EU-1 Exclusive Use Sanitary Landfill District (o) MH Mobile Home District 7-4 January 1, 2006

5 3. Boundaries and Official Zoning Map. The boundaries of zoning districts and overlay zones are hereby established as shown on the Official Zoning Map of the unincorporated area of Linn County, Iowa, which maps and notations and references and other matters shown thereon, shall be and are hereby made a part of this Ordinance. (a) Electronic map. The Official Zoning Map may be in hard copy or electronic format or both as specified by a resolution of the Board of Supervisors. (b) Where filed. The Official Zoning Map shall be filed in the office of the Linn County Planning and Development Department; (c) Official signature. The Official Zoning Map shall be identified by the written or electronic signature of the Chairperson of the Board of Supervisors, and attested by the County Auditor under the following words: "This is to certify that this is the "Official Zoning Map" referred to in Article 7, Section 1, subsection 3 of the Linn County Zoning Ordinance, adopted on this 1st day of January, (d) Map amendments. If, in accordance with the rezoning and map amendment provisions of Article 4, Section 4 of this Ordinance, changes are made in the District boundaries, the Ordinance number and date of the change shall be recorded by the Zoning Administrator on the Official Zoning Map. (e) Replacement if destroyed. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of use, the Board of Supervisors may by resolution adopt a new Official Zoning Map that shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map; provided, however, that any such adoption shall not have the effect of amending the original zoning ordinance or any subsequent amendment thereof. (f) Effect of vacated railroads, streets, roads, alleys and highways. Whenever any railroad, street, road, alley or highway right-of-way is vacated by official action as provided by law, the zoning districts adjoining the sides of such public way shall be automatically extended to the center of said rights-of-way, and the right-of-way thus vacated shall henceforth be subject to all regulations of the extended district or districts. 4. Rules for interpretation of district boundaries. In cases where the exact location of the district boundary is not clear as shown on the Official Zoning Map, the following rules shall be used in determining the location of said district boundary. (a) Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines. (b) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. (c) Boundaries indicated as approximately following city limits shall be construed as following city limits. (d) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. (e) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shorelines shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines. If the centerline changes the boundary shall be construed as moving with the centerline changes. January 1,

6 (f) Boundaries indicated as parallel to or extensions of features indicated in (a) through (e) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. (g) Where physical features existing on the ground differ from those shown on the Official Zoning Map, or in other circumstances not covered by (a) through (f) above, the Zoning Administrator shall interpret the district boundaries. 5. New territory. All territory which may hereafter become a part of the unincorporated area of Linn County that is regulated by this Ordinance, by the dissolution of any city or severance of any part of a city, shall automatically be classed as lying and being within the same Rural Land Use Map district as the adjacent unincorporated land. If more than one Map district is adjacent to the new unincorporated area, the area shall automatically be classified as lying and being within the AG Agricultural District until such classification shall have been changed by a rezoning and map amendment as provided for in Article 4, Section Zoning districts dividing property/split zoning. Where one (1) parcel of property is divided into two (2) or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the others in its respective zoning classification and for the determination of yard and density requirements. (Amended by Ordinance # , Effective October 14, 2013) 7. Relationship between Comprehensive Plan and zoning districts. The relationship between the Goals and Objectives of the Comprehensive Plan to the various zoning districts are contained within Table 7-4 Goals and Objectives of Comprehensive Plan as they relate to individual zoning districts. (Amended by Ordinance # , Effective October 14, 2013) Section 2 AG Agricultural District 1. Purpose. Agricultural Areas (AA) designated on the land use map are intended to maintain or enhance the viability of agricultural operations in such areas by restricting the proliferation of noncompatible uses and protecting high-value agricultural land, while allowing pockets of infill development in appropriate areas. This is achieved through the design of the LESA system scoring, which awards points sparingly and has a high threshold score for development approval. The Agricultural Area goals are also achieved through the UDC zoning density requirement for lots, which generally requires a 35-acre minimum for agriculturally zoned development, and through the Minimum Levels of Service (MLS) standards. For more information concerning how the goals and objectives of the Comprehensive Plan relate to each zoning district refer to Table 7-4 at the end of Article Geographic location. The Agricultural District shall be geographically located in those areas designated Agricultural Areas in the Comprehensive Plan, excluding those areas that are also designated as Critical Natural Resource Areas. 3. Permitted, conditional and accessory uses. Permitted, conditional and accessory uses of land allowed in the Agricultural District are only those specified in the use table, Table 7-2. All uses not listed in the use table, Table 7-2, shall be prohibited. Specific permitted, conditional and accessory uses are subject to the requirements in Article Additional requirements. Additional requirements within this Ordinance and other County ordinances apply to development in the Agricultural District. These include, but are not limited to, the general regulations in Article Dimensional standards. Development within the Agricultural District shall be subject to the following minimum dimensional standards: 7-6 January 1, 2006

7 (a) Minimum lot area: (i) Single family dwelling and single family manufactured home - 35 acres (ii) Single family dwellings and single family manufactured homes in an application that meets the minimum levels of service requirements of Article 4, Section 5, of this Ordinance and the land evaluation and site assessment requirements of Article 4, Section 6, of this Ordinance 2 acres (iii) Single family dwellings and single family manufactured homes in an application that meets the minimum levels of service requirements of Article 4, Section 5, of this Ordinance and the land evaluation and site assessment requirements of Article 4, Section 6, of this Ordinance and proposes a cluster subdivision 1 acre (iv) Residential parcel split 1 acre (v) Other principal permitted and conditional uses 1 acre or as specified by conditional use permit (vi) No minimum lot area required for utilities, public uses, and communication towers except as otherwise required. (b) Minimum lot width for all uses: 150 feet (c) Minimum setbacks from property or road right-of-way lines for all principal structures: (i) Front yard - 50 feet (ii) Side yard - 10 feet (iii) Corner side yard - 50 feet (iv) Rear yard - 50 feet (d) Maximum height for all principal structures except agricultural buildings, utilities and communication or wind towers: 45 feet (Amended by Ordinance # , Effective October 01, 2006) (e) Minimum setbacks from property or road right-of-way lines for all accessory structures: Accessory structure setbacks shall conform to the provisions of Article 5, Section 4, subsection 3. (Amended by Ordinance # , Effective October 14, 2013) Section 3 RR2 Rural Residential 2-Acre District 1. Purpose. Rural Residential Development Areas (RRDA) designated on the land use map are intended to allow for the logical expansion of low-density, rural character residential development (i.e., large lots served by individual well and septic and by rural cross-section roads). RRDAs are divided into two sub-categories: (1) the RRDA 3-acre area, which is the rural residential development area located within the well field watershed of the City of Cedar Rapids; and (2) the RRDA 2-acre area, which is not located within the City s well field watershed. The RRDA goals are supported by the LESA system scoring criteria, where points are withheld in predominantly agricultural settings but are awarded fairly readily in more suburban surroundings. RRDA goals are also supported through the MLS standards. For more information concerning how the goals and objective of the Comprehensive Plan relate to each zoning district, refer to Table 7-4 at the end of Article 7. January 1,

8 2. Geographic location. The Rural Residential 2-Acre District shall be geographically located in those areas designated Rural Residential Development Areas 2-Acre in the Rural Land Use Map, excluding those areas that are also designated as Critical Natural Resource Areas. 3. Permitted, conditional and accessory uses. Permitted, conditional and accessory uses of land allowed in the Rural Residential 2-Acre District are only those specified in the use table, Table 7-2. All uses not listed in the use table, Table 7-2, shall be prohibited. Specific permitted, conditional and accessory uses are subject to the requirements in Article Additional requirements. Additional requirements within this Ordinance and other County ordinances apply to development in the Rural Residential 2-Acre District. These include, but are not limited to, the general regulations in Article Dimensional standards. Development within the Rural Residential 2-Acre District shall be subject to the following minimum dimensional standards: (a) Minimum lot area: (i) (ii) Single family dwelling and single family manufactured home - 35 acres Single family dwellings and single family manufactured homes in an application that meets the minimum levels of service requirements of Article 4, Section 5, of this Ordinance and the land evaluation and site assessment requirements of Article 4, Section 6, of this Ordinance 2 acres (iii) Single family dwellings and single family manufactured homes in an application that meets the minimum levels of service requirements of Article 4, Section 5, of this Ordinance and the land evaluation and site assessment requirements of Article 4, Section 6, of this Ordinance and proposes a cluster subdivision 1 acre (iv) Residential parcel split 1 acre (v) Other principal permitted and conditional uses 2 acres or as specified by conditional use permit (vi) Communication towers greater than 200 feet 5 acres (vii) No minimum lot area required for utilities, public uses, and other communication towers except as otherwise required (b) Minimum lot width for all uses: 150 feet (c) Minimum setbacks from property or road right-of-way lines for all principal structures: (i) Front yard - 50 feet (ii) Side yard - 10 feet (iii) Corner side yard - 50 feet (iv) Rear yard - 50 feet (d) Maximum height for all principal structures except utilities and communication or wind towers: 35 feet (Amended by Ordinance # , Effective October 01, 2006) (e) Minimum setbacks from property or road right-of-way line for all accessory structures: Accessory structure setbacks shall confirm to the provisions of Article 5, Section 4, subsection January 1, 2006

9 (Amended by Ordinance # , Effective October 14, 2013) Section 4 RR3 Rural Residential 3-Acre District 1. Purpose. Rural Residential Development Areas (RRDA) designated on the land use map are intended to allow for the logical expansion of low-density, rural character residential development (i.e., large lots served by individual well and septic and by rural cross-section roads). RRDAs are divided into two sub-categories: (1) the RRDA 3-acre area, which is the rural residential development area located within the well field watershed of the City of Cedar Rapids; and (2) the RRDA 2-acre area, which is not located within the City s well field watershed. The RRDA goals are supported by the LESA system scoring criteria, where points are withheld in predominantly agricultural settings but are awarded fairly readily in more suburban surroundings. RRDA goals are also supported through the MLS standards. For more information concerning how the goals and objectives of the Comprehensive Plan relate to each zoning district, refer to Table 7-4 at the end of Article Geographic location. The Rural Residential 3-Acre District shall be geographically located in those areas designated Rural Residential Development Areas 3-Acre in the Rural Land Use Map, excluding those areas that are also designated as Critical Natural Resource Areas. 3. Permitted, conditional and accessory uses. Permitted, conditional and accessory uses of land allowed in the Rural Residential 3-Acre District are only those specified in the use table, Table 7-2. All uses not listed in the use table, Table 7-2, shall be prohibited. Specific permitted, conditional and accessory uses are subject to the requirements in Article Additional requirements. Additional requirements within this Ordinance and other County ordinances apply to development in the Rural Residential 3-Acre District, these include, but are not limited to, the general regulations in Article Dimensional standards. Development within the Rural Residential 3-Acre District shall be subject to the following minimum dimensional standards: (a) Minimum lot area: (i) (ii) Single family dwelling and single family manufactured home - 35 acres Single family dwellings and single family manufactured homes in an application that meets the minimum levels of service requirements of Article 4, Section 5, of this Ordinance and the land evaluation and site assessment requirements of Article 4, Section 6, of this Ordinance 3 acres (iii) Single family dwellings and single family manufactured homes in an application that meets the minimum levels of service requirements of Article 4, Section 5, of this Ordinance and the land evaluation and site assessment requirements of Article 4, Section 6, of this Ordinance and proposes a cluster subdivision 2 acre (iv) Residential parcel split 1 acre (v) Other principal permitted and conditional uses 3 acres or as specified by conditional use permit (vi) Communication towers greater than 200 feet 5 acres (vii) No minimum lot area required for utilities, public uses, and other communication towers except as otherwise required (b) Minimum lot width for all uses: 150 feet (c) Minimum setbacks from property or road right-of-way lines for all principal structures: January 1,

10 (i) Front yard - 50 feet (ii) Side yard - 10 feet (iii) Corner side yard - 50 feet (iv) Rear yard - 50 feet (d) Maximum height for all principal structures except utilities and communication or wind towers: 35 feet (Amended by Ordinance # , Effective October 01, 2006) (e) Minimum setbacks from property or road right-of-way lines for all accessory structures: Accessory structure setbacks shall conform to the provisions of Article 5, Section 4, subsection 3. (Amended by Ordinance # , Effective October 14, 2013) Section 5 RR1 Rural Residential 1-Acre District 1. Purpose. The purpose of the Rural Residential 1-Acre District is to prevent a class of lots created under the prior zoning ordinance from becoming nonconforming. One acre lots were previously allowed in the former Agricultural District and many were created. The goals of Linn County Comprehensive Plan discourage this size of lot in rural areas. The RR1 District is created to allow rebuilding of single-family residences on previously created one acre lots if the current structure is destroyed. The RR1 District is a closed district, however, and no new RR1 Districts shall be allowed. For more information concerning how the goals and objectives of the Comprehensive Plan relate to each zoning district, refer to Table 7-4 at the end of Article Closed district/rezoning prohibited. Rezoning any land to a RR1 Rural Residential 1-Acre District shall be prohibited. 3. Permitted, conditional and accessory uses. Permitted, conditional and accessory uses of land allowed in the Rural Residential 1-Acre District are only those specified in the use table, Table 7-2. All uses not listed in the use table, Table 7-2 shall be prohibited. Specific permitted, conditional and accessory uses are subject to the requirements in Article Additional requirements. Additional requirements within this Ordinance and other County ordinances apply to land uses in the Rural Residential 1-Acre Districts, these include, but are not limited to, the general regulations in Article Dimensional standards. If an existing structure is replaced in the Rural Residential 1-Acre District, the structure shall be subject to the following minimum dimensional standards: (a) Minimum setbacks from property or road right-of-way lines for all principal structures: (i) Front yard - 50 feet (ii) Side yard - 10 feet (iii) Corner side yard - 50 feet (iv) Rear yard - 50 feet (b) Maximum height for all principal structures except utilities and communication or wind towers: 35 feet (Amended by Ordinance # , Effective October 01, 2006) (c) Minimum setbacks from property or road right-of-way lines for all accessory structures: Accessory structure setbacks shall conform to the provisions of Article 5, Section 4, subsection January 1, 2006

11 (Amended by Ordinance # , Effective April 01, 2007) (Amended by Ordinance # , Effective October 14, 2013) Section 6 VR and VM Rural Village Districts 1. Purpose. Linn County has several rural villages that once served as small, but vital, community centers: Covington, Lafayette, Toddville, Troy Mills, Viola, Waubeek, Western, and Whittier. While some of the county s historical communities are little more than place names, these rural villages each have an opportunity to become vital places that serve many of the social, economic, and cultural needs of Linn County s rural residents. To accomplish this, the County will need to help each of these communities develop a clear vision of its desired character and facilitate private investments in support of that vision. Linn County shall support each village s efforts to establish additional planning initiatives that establish shared visions of their future; identify needed public facilities and services; develop consensus for land uses and village character; and identify meaningful incentives to foster private investment to create vibrant, walkable, mixed-use villages. Additionally the County will support efforts to seek grants and other sources of funding for the redevelopment and revitalization of its rural villages. For more information concerning how the goals and objectives of the Comprehensive Plan relate to each zoning district, refer to Table 7-4 at the end of Article Geographic location. The Rural Village Districts shall be geographically located within the developed areas of the following rural villages identified in the Comprehensive Plan: Covington, Lafayette, Toddville, Troy Mills, Viola, Western, Waubeek and Whittier. Toddville and Troy Mills have public wastewater utilities as of the effective date of this Ordinance. 3. Permitted, conditional and accessory uses. Permitted, conditional and accessory uses of land allowed in the Rural Village Districts are only those specified in the use table, Table 7-2. All uses not listed in the use table, Table 7-2, shall be prohibited. Specific permitted, conditional and accessory uses are subject to the requirements in Article Additional requirements. Additional requirements within this Ordinance and other County ordinances apply to development in the Rural Village Districts, these include, but are not limited to, the general regulations in Article VR Village Residential District (a) Purpose. The purpose of the Village Residential District is to maintain the existing character of residential neighborhoods within the rural villages, while encouraging rehabilitation of existing buildings and ensuring that new infill development can occur in a way that is compatible with this existing character. January 1,

12 (Amended by Ordinance # , Effective May 19, 2014) (b) Table 7-1 VR dimensional standards for properties served by septic systems Minimum lot area Properties served by an on-site septic system Properties served by a centralized wastewater facility Single-family dwelling 1 acre 20,000 sq. ft. Two-family dwelling 1.5 acres (per building) 30,000 sq. ft. (per building) Accessory dwelling unit in conjunction with single-family dwelling Other principal permitted or conditional uses Minimum lot width (all uses) No additional lot area beyond that required for the principal dwelling 1 acre or as specified by conditional use permit Minimum setback for principal structures Front yard see note below No additional lot area beyond that required for the principal dwelling 20,000 sq. ft. or as specified by conditional use permit 80 feet 80 feet 25 feet 25 feet Side yard corner 15 feet 15 feet Side yard interior 10 feet 10 feet Rear yard 35 feet 35 feet Maximum height 35 feet 35 feet Notes: Front yard setbacks are measured from the road right-of-way line. On blocks where at least fifty percent (50%) of the existing buildings have a shorter setback, the front yard setback may fall within the range established by those buildings. (Amended by Ordinance # , Effective May 19, 2014) (c) VR dimensional standards for properties served by a public wastewater utility. Note that single-family attached dwellings are only allowed where they can be served by public wastewater: (i) Minimum lot area (1) Single family dwelling 10,000 square feet (2) Two-family dwelling 5,000 square feet per unit (3) Single-family attached dwelling 3,500 square feet per unit (4) Accessory dwelling unit in conjunction with a single-family dwelling no additional lot area beyond that required for the principal dwelling (5) Other principal permitted and conditional uses 10,000 square feet or as specified by conditional use permit (ii) Minimum lot width: (1) Single-family dwelling 60 feet 7-12 January 1, 2006

13 (2) Two-family dwelling 30 feet (3) Single-family attached dwelling 30 feet (4) All other uses 80 feet (iii) Minimum setbacks from property or road right-of-way lines for all principal structures: (1) Front yard 25 feet, except that on blocks where existing buildings have a relatively consistent setback, the front yard setback shall fall within the range established by those buildings. (2) Corner side yard 15 feet (3) Interior side yard 10 feet (4) Rear yard 35 feet (iv) Maximum height for principal structures except utilities: 35 feet (Amended by Ordinance # , Effective October 01, 2006) (v) Minimum setbacks from property or road right-of-way lines for all accessory structures: Accessory structure setbacks shall conform to the provisions of Article 5, Section 4, subsection VM Village Mixed-Use District (a) Purpose. The purpose of the Village Mixed-Use District is to encourage the rehabilitation and re-use of existing commercial buildings within the rural villages, as well as the development of new neighborhood-serving commercial uses where appropriate, as identified through a community planning process. In order to maximize the possibilities for re-use of existing buildings, all permitted and conditional uses allowed in the Village Residential District are also allowed in the Village Mixed-Use District. (Amended by Ordinance # , Effective May 19, 2014) (b) VM dimensional standards. (i) Single-family dwelling, two-family dwelling, single-family attached dwelling, and accessory dwelling unit in conjunction with single-family dwelling: see above under Section 6, subsections 5(b) and (c). (ii) Multiple family dwellings: site and development dependent a minimum area that meets the open space requirements, waste treatment requirements, parking requirements, and other requirements of this ordinance and of the proposed development. (iii) For nonresidential uses, standards are as follows. (1) Minimum lot area (A) Properties served by an on-site septic system: 1 acre, or as specified by conditional use permit. Allowed uses may be developed on existing lots less than 1 acre in size, provided that the system meets all requirements of the Linn County Public Health Department and Article 5, Section 5 of this ordinance. (B) Properties served by a centralized wastewater facility:: 20,000 square feet, or as specified by conditional use permit. (C) Properties served by a public wastewater utility: 10,000 square feet, or as specified by conditional use permit. (2) Minimum lot width 50 feet January 1,

14 (3) Minimum setbacks from property line or right-of-way for all principal structures (A) Front yard no minimum; buildings may be placed at edge of sidewalk or road right-of-way. (B) Corner side yard 15 feet (C) Interior side yard 10 feet (D) Rear yard 20 feet (4) Maximum height, principal structures 35 feet, or as specified by conditional use permit. (Amended by Ordinance # , Effective October 01, 2006) (5) Minimum setbacks from property or road right-of-way lines for all accessory structures: Accessory structure setbacks shall conform to the provisions of Article 5, Section 4, subsection 3. (c) VM parking standards. For allowed uses in the VM District, required off-street parking may be reduced to fifty percent (50%) of the minimum required in Article 5, Section 3 (5) (c), if sufficient on-street parking is available adjacent to or in close proximity to the development site, as determined by the Zoning Administrator. (d) Buffers for commercial, industrial and mixed uses. Buffers shall be provided when commercial, industrial or mixed uses in the VM District abut non-commercial or nonindustrial land uses or zoning districts. The width and composition of buffers in the VM district differs from that required in other commercial and industrial districts in response to the existing development pattern of smaller parcels and building footprints in the rural villages. (i) Buffer width. The buffer shall be a minimum of ten feet (10 ). A narrower buffer with enhanced landscaping may be authorized through an administrative exception approved by the Zoning Administrator. An administrative exception may be granted when, because of an exceptional situation, topographical condition, surroundings, size, shape or other condition of the property, the strict application of the buffer width provision would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property. (ii) Buffer composition and landscaping. All buffer areas shall be landscaped so as to provide a complete visual screen, and shall not include any structures, parking areas, storage areas, playgrounds, or other similar facilities, except that opaque fencing may be used to improve the visual screening capacity of the buffer. (1) Landscaping. Landscaping shall use native plant and tree species. A combination of plant and tree species shall be used to create a vegetative overstory and understory. Tree species shall have a minimum mature height of twenty-five feet (25 ), and shall have a height of at least six feet (6 ) within three (3) years of installation. (2) Screening. Visual screening shall be measured under leaf-on conditions and shall be measured from the elevation of the shared property line. (3) Stormwater management. Buffer areas may include drainage swales, stormwater retention or infiltration areas, or other stormwater management areas January 1, 2006

15 (4) Berms. Berms may only be used if native plant and tree landscaping requirements can also be met. Berms must be vegetated to minimize erosion and to slow stormwater runoff. (iii) Maintenance. All buffer areas shall be kept free of litter, debris, noxious weeds, and species of plants identified by the Iowa DNR as exotic or invasive. Landscaping vegetation in buffer areas shall meet the screening requirements of subsection (ii), above, on a continual basis for as long as the commercial or industrial use and structure continues. 7. Design guidelines Rural Village Districts. The following guidelines are provided to assist in site plan review of conditional uses or other new development in Rural Village Districts. Planning staff and/or the Planning and Zoning Commission will use the guidelines and work with applicants to encourage development that responds to neighborhood character. The guidelines may be used when reviewing subdivisions, site plans, or other development proposals, using the processes specified in Article 4. (a) Scale of structures. The scale of new structures should be in proportion with that of surrounding traditional buildings, where such buildings have been identified in a Village Plan. This standard shall apply to building height, orientation, height-to-width ratio, and placement of window and door openings. (b) Entrance locations. All buildings should have an entrance facing the adjoining street, to encourage pedestrian circulation. (c) Parking locations. Parking should be located in rear and side yards to the extent practicable, and should be screened from the street and adjacent properties, with buffers as specified in Section 6 (d) above. (d) Façade transparency. The first floor of any new nonresidential or mixed-use building should be designed with windows and doors occupying at least half the length and onequarter of the area of the first-floor façade. Blank walls should generally not exceed twenty feet (20 ) in length. 8. Form standards. Form standards for specific building types are included as Appendix D of this Ordinance. The form standards shall apply to all Rural Village Extension Developments, as specified in Article 4, Section 8G. The form standards may also be used to guide development in existing villages, as specified in a Village Plan. (Amended by Ordinance # , Effective April 01, 2007) (Amended by Ordinance # , Effective October 14, 2013) Section 7 USR Urban Services Residential District 1. Purpose. Urban Service Areas (USA) designated on the land use map are located adjacent to the county s eighteen municipal areas, and will likely be needed for future urban development over the next 30 years. The Metro Urban Services Areas (MUSA) are those areas adjacent to the cities of Cedar Rapids, Marion, Hiawatha, and Robins; the Non-Metro Urban Service Areas (NMUSA) are those areas surrounding the remaining fourteen incorporated cities. It is intended that the USAs be maintained primarily for agricultural use until such time as the land is needed for orderly city development and is annexed into the adjacent city. If land within the USAs is developed under county jurisdiction, it shall be developed in a manner compatible with the adjacent city. These goals are supported through the design of the LESA system scoring criteria, where points are awarded fairly readily and the required threshold score is relatively low. The USA goals are also achieved through the UDC zoning requirements (which place a maximum lot size on new development) and through the MLS standards. For more information concerning January 1,

16 how the goals and objectives of the Comprehensive Plan relate to each zoning district, refer to Table 7-4 at the end of Article Intent and geographic location. The intent of the Urban Services Residential District is to allow residential development within the Urban Services Area of the Rural Land Use Map at densities that will be compatible with future urban expansion. 3. Permitted, conditional and accessory uses. Permitted, conditional and accessory uses of land allowed in the Urban Services Residential District are only those specified in the use table, Table 7-2. All uses not listed in the use table, Table 7-2, shall be prohibited. Specific permitted, conditional and accessory uses are subject to the requirements in Article Additional requirements. Additional requirements within this Ordinance and other County ordinances apply to development in the Urban Services Residential District. These include, but are not limited to, the general regulations in Article Dimensional standards. Development within the Urban Services Residential District shall be subject to the following minimum dimensional standards: (a) Minimum lot area: (i) Single family dwelling and single family manufactured home 35 acres (ii) Single family dwellings and single family manufactured homes in an application that meets the minimum levels of service requirements of Article 4, Section 5, of this Ordinance and the land evaluation and site assessment requirements of Article 4, Section 6, of this Ordinance a maximum one (1) net acre per dwelling (iii) Conditional uses as specified by conditional use permit (b) Minimum lot width for all uses: 80 feet (c) Minimum setbacks from property or road right-of-way lines for all principal structures: (i) Front yard - 25 feet (ii) Side yard - 10 feet (iii) Corner side yard - 15 feet (iv) Rear yard - 35 feet (d) Maximum height for all principal structures except utilities and communication or wind towers: 35 feet (Amended by Ordinance # , Effective October 01, 2006) (e) Minimum setbacks from property or road right-of-way lines for all accessory structures: Accessory structure setbacks shall conform to the provisions of Article 5, Section 4, subsection 3. (Amended by Ordinance # , Effective April 01, 2007) (Amended by Ordinance # , Effective October 14, 2013) Section 7A USR-MF Urban Services Residential Multi-Family District 1. Purpose. Urban Service Areas (USA) designated on the land use map are located adjacent to the county s eighteen municipal areas, and will likely be needed for future urban development over the next 30 years. The Metro Urban Service Areas (MUSA) are those areas adjacent to the cities of Cedar Rapids, Marion, Hiawatha, and Robins; the Non-Metro Urban Service Areas (NMUSA) are those areas surrounding the remaining fourteen incorporated cities. It is intended that the USAs be maintained primarily for agricultural use until such time as the land is needed 7-16 January 1, 2006

17 for orderly city development and is annexed into the adjacent city. If land within the USAs is developed under county jurisdiction, it shall be developed in a manner compatible with the adjacent city. These goals are supported through the design of the LESA system scoring criteria, where points are awarded fairly readily and the required threshold score is relatively low. The USA goals are also achieved through the UDC zoning requirements (which place a maximum lot size on new development) and through the MLS standards. For more information concerning how the goals and objectives of the Comprehensive Plan relate to each zoning district, refer to Table 7-4 at the end of Article Intent and geographic location. The intent of the Urban Services Residential Multi-Family District is to allow multi-family residential development within the Urban Services Area of the Rural Land Use Map at densities that will be compatible with future urban expansion. 3. Permitted, conditional and accessory uses. Permitted, conditional and accessory uses of land allowed in the Urban Services Residential District are only those specified in the use table, Table 7-2. All uses not listed in the use table, Table 7-2, shall be prohibited. Specific permitted, conditional and accessory uses are subject to the requirements in Article Additional requirements. Additional requirements within this Ordinance and other County ordinances apply to development in the Urban Services Residential Multi-Family District. These include, but are not limited to, the general regulations in Article Dimensional standards. Development within the Urban Services Residential Multi-Family District shall be subject to the following minimum dimensional standards: (a) Minimum lot area: (i) Two-family dwellings: (1) 10,000 square feet when served by a centralized wastewater facility. (2) 5,000 square feet when served by a municipal or public wastewater system. (ii) Single-family attached dwellings: (1) 5,000 square feet per unit when served by a centralized wastewater facility. (2) 3,500 square feet per unit when served by a municipal or public wastewater system. (iii) Multiple family dwelling: (1) Site and development dependent a minimum area that meets the open space requirements, waste treatment requirements, parking requirements, and other requirements of this ordinance and of the proposed development. (iv) Conditional uses as specified by conditional use permit (b) Minimum lot width for all uses served by centralized wastewater facility: 80 feet (c) Minimum lot width for properties served by municipal or public wastewater system: (i) Two-family dwelling 30 feet (ii) Single-family dwelling 30 feet (iii) All other uses 80 feet (d) Minimum setbacks from property or road right-of-way lines for all principal structures: (i) Front yard - 25 feet (ii) Side yard - 10 feet (iii) Corner side yard - 15 feet January 1,

18 (iv) Rear yard - 35 feet (e) Maximum height for all principal structures except utilities and communication or wind towers: 45 feet (f) Minimum setbacks from property or road right-of-way lines for all accessory structures: Accessory structure setbacks shall conform to the provisions of Article 5, Section 4, subsection 3. (Amended by Ordinance # , Effective October 14, 2013) Section 8 HC Highway Commercial District 1. Purpose. It is the intent of the plan to provide for limited commercial (including office) development. At the same time, the plan should support the economic development activities of the cities by limiting such uses in the unincorporated areas to those that are essential to meeting the needs of the agricultural community, rural residents, and the traveling public. For more information concerning how the goals and objectives of the Comprehensive Plan relate to each zoning district, refer to Table 7-4 at the end of Article 7. While there are no highway commercial designations on the land use map, development proposals for such uses shall be evaluated in accordance with the following criteria. (a) Require that Minimum Levels of Service (MLS) are provided at the time development occurs. (b) Evaluate each highway commercial development proposal for conformity to the plan goals and objectives and/or any approved Fringe Area Plan (formerly known as City/County Strategic Growth Plan) that pertains to the area in which the development is proposed. (c) Prevent scattered, non-agricultural highway commercial development in the unincorporated rural areas. Agricultural sales and service uses meeting minimum levels of service may be allowed in agricultural areas. Appropriate agricultural sales and service uses are identified in Article 7, Use Table of the UDC. (d) Enhance the visual impact of highway commercial operations, and minimize their negative impact with adopted design and performance standards. Standards should be designed to enhance and protect the aesthetic quality of community gateways and other high-visibility corridors, including Interstate 380, U.S. Highways 13, 30, 151 and 100, and County Road E- 36 (Blairs Ferry Road). Standards should include guidelines for parking, access, orientation of buildings (so that businesses do not back onto high-visibility corridors), lighting, signage, density, storage, display, landscaping, and buffers. (Amended by Ordinance # , Effective August 17, 2015) (Amended by Ordinance # , Effective April 01, 2008) (Amended by Ordinance # , Effective October 14, 2013) 2. Geographic location. Rezoning under Article 4, Section 4 to Highway Commercial District shall be available for parcels that meet all of the following criteria (exceptions may be considered to allow for the reuse or redevelopment of existing highway commercial uses): (a) The parcel is located in an AA, RRD2, RRD3, or USA areas as denoted on the Rural Land Use Map: (b) At least 50% of the site proposed to be developed is within one quarter (1/4) mile of an intersection and/or interchange of a hard surface road and a state or federal highway. 3. Permitted, conditional and accessory uses. Permitted, conditional and accessory uses of land allowed in a Highway Commercial District are only those specified in the use table, Table 7.2. All uses not listed in the use table, Table 7.2, shall be prohibited. Specific permitted, conditional and accessory uses are subject to the requirements in Article January 1, 2006

19 4. Additional requirements. Additional requirements within this Ordinance and other County ordinances apply to development in the Highway Commercial District. These include, but are not limited to, the general regulations in Article Dimensional standards. Development within a Highway Commercial District shall be subject to the following minimum dimensional standards: (a) Minimum lot area: 1 acre or as specified by conditional use permit (b) Minimum lot width: 150 feet (c) Minimum setbacks from property or road right-of-way lines for all principal structures: (i) Front yard - 25 feet (ii) Side yard - 10 feet or wider if needed to meet the buffer requirements in subsection 6., below (iii) Corner side yard - 25 feet (iv) Rear yard - 25 feet, or wider if needed to meet the buffer requirements in subsection 6., below (d) Parking area setbacks: Parking areas, including internal drives, when located in a side or rear yard adjacent to a residential use or district shall be set back a minimum of ten feet from the property line. (Amended by Ordinance # , Effective April 01, 2006) (e) Maximum height for all principal structures except advertising signs, utilities and communication or wind towers: 35 feet (Amended by Ordinance # , Effective October 01, 2006) (f) Minimum setbacks from property or road right-of-way lines for all accessory structures: Accessory structure setbacks shall conform to the provisions of Article 5, Section 4, subsection Buffers. Buffers shall be required along Highway Commercial District lot lines where lot lines are shared with lots in other districts as specified in Article 5, Section 3, subsection 4. (Amended by Ordinance # , Effective October 14, 2013) Section 9 GC General Commercial District 1. Purpose. It is the intent of the plan to provide for limited general commercial (including office) development. At the same time, the plan should support the economic development activities of the cities by limiting such uses in the unincorporated areas to those that are essential to meeting the needs of the agricultural community, rural residents, and the traveling public. For more information concerning how the goals and objectives of the Comprehensive Plan relate to each zoning district, refer to Table 7-4 at the end of Article 7. While there are no general commercial designations on the land use map, development proposals for such uses shall be evaluated in accordance with the following criteria: (a) Require that Minimum Levels of Service (MLS) are provided at the time development occurs. (b) Evaluate each general commercial development proposal for conformity to the plan goals and objectives and/or any approved Fringe Area Plan (formerly known as City/County Strategic Growth Plan) that pertains to the area in which the development is proposed. January 1,

20 (c) Prevent scattered, non-agricultural general commercial development in the unincorporated rural areas. Agricultural sales and service uses meeting minimum levels of service may be allowed in agricultural areas. Appropriate agricultural sales and service uses are identified in Article 7, Use Table of the UDC (Amended by Ordinance # , Effective May 19, 2014) (d) Allow small-scale commercial, office and institutional development in rural villages. Permitted land uses should be limited in size and intensity to ensure compatibility with existing uses. Appropriate land uses are identified in Article 7, Use Table of the UDC. (e) Enhance the visual impact of general commercial operations, and minimize their negative impact with adopted design and performance standards. Standards should be designed to enhance and protect the aesthetic quality of community gateways and other high-visibility corridors, including Interstate 380, U.S. Highways 13, 30, 151, and 100, and County Road E- 36 (Blairs Ferry Road). Standards should include guidelines for parking, access, orientation of buildings (so that businesses do not back into high-visibility corridors), lighting, signage, density, storage, display, landscaping, and buffers. (Amended by Ordinance # , Effective August 17, 2015) 2. Geographic location. Rezoning under Article 4, Section 4, to General Commercial District shall be available for parcels that meet the following criterion (exceptions may be considered to allow for the reuse or redevelopment of existing general commercial uses): (a) General commercial development must be contiguous with the boundaries of a city or unincorporated rural village area. 3. Permitted, conditional and accessory uses. Permitted, conditional and accessory uses of land allowed in a General Commercial District are only those specified in the use table, Table 7.2. All uses not listed in the use table, Table 7.2, shall be prohibited. Specific permitted, conditional and accessory uses are subject to the requirements in Article Additional requirements. Additional requirements within this Ordinance and other County ordinances apply to development in the General Commercial District. These include, but are not limited to, the general regulations in Article Dimensional standards. Development within a General Commercial District shall be subject to the following minimum dimensional standards: (a) Minimum lot area: 1 acre or as specified by conditional use permit (b) Minimum lot width: 150 feet (c) Minimum setbacks from property or road right-of-way lines for all principal structures: (i) Front yard - 25 feet (ii) Side yard - 10 feet or wider if needed to meet the buffer requirements in subsection 6., below (iii) Corner side yard - 25 feet (iv) Rear yard - 25 feet, or wider if needed to meet the buffer requirements in subsection 6., below (d) Parking area setbacks: Parking areas, including internal drives, when located in a side or rear yard adjacent to a residential use or district shall be set back a minimum of ten feet from the property line January 1, 2006

21 (Amended by Ordinance # , Effective April 01, 2006) (e) Maximum height for all principal structures except advertising signs, utilities and communication or wind towers: 35 feet (Amended by Ordinance # , Effective October 01, 2006) (f) Minimum setbacks from property or road right-of-way lines for all accessory structures: Accessory structure setbacks shall conform to the provisions of Article 5, Section 4, Subsection Buffers. Buffers shall be required along General Commercial District lot lines where lot lines are shared with a lot in another district as specified in Article 5, Section 3, subsection 4. (Amended by Ordinance # , Effective October 14, 2013) Section 10 I Industrial District 1. Purpose. It is the intent of the plan to provide for limited industrial (including warehousing) development. At the same time, the plan should support the economic development activities of the cities and rural villages by limiting such uses in the unincorporated areas to those that are essential to meeting the needs of the agricultural community, rural residents, and the traveling public. For more information concerning how the goals and objectives of the Comprehensive Plan relate to each zoning district, refer to Table 7-4 at the end of Article 7. While there are no industrial designations on the land use map, development proposals for such uses shall be evaluated in accordance with the following criteria: (a) Require that Minimum Levels of Service (MLS) are provided at the time development occurs. (b) Evaluate each industrial development proposal for conformity to the plan goals and objectives and/or any approved Fringe Area Plan (formerly known as City/County Strategic Growth Plan) that pertains to the area in which the development is proposed. (c) Prevent scattered, non-agricultural industrial-related development in the unincorporated rural areas. (d) Allow small-scale manufacturing and production in rural villages. Permitted land uses should be limited in size and intensity to ensure compatibility with existing uses. Appropriate land uses for a village are identified in Article 7, Use Table of the UDC. (e) Enhance the visual impact of industrial operations, and minimize their negative impact with adopted design and performance standards. Standards should be designed to enhance and protect the aesthetic quality of community gateways and other high-visibility corridors, including Interstate 380, U.S. Highways, 13, 30, 151 and 100, and County Road E-36 (Blairs Ferry Road). Standards should include guidelines for parking, access, orientation of buildings (so that businesses do not back onto high-visibility corridors), lighting, signage, density, storage, display, landscaping, and buffers. (Amended by Ordinance # , Effective August 17, 2015) 2. Geographic location. Rezoning under Article 4, Section 4 to Industrial District shall be available for parcels that meet the following criterion (exceptions may be considered to allow for the reuse or redevelopment of existing commercial or industrial uses): (a) Industrial development must be contiguous with the boundaries of a city of unincorporated rural village area. 3. Permitted, conditional and accessory uses. Permitted, conditional and accessory uses of land allowed in an Industrial District are only those specified in the use table, Table 7.2. All uses January 1,

22 not listed in the use table, Table 7.2, shall be prohibited. Specific permitted, conditional and accessory uses are subject to the requirements in Article Additional requirements. Additional requirements within this Ordinance and other County ordinances apply to development in the Industrial District. These include, but are not limited to, the general regulations in Article Dimensional standards. Development within an Industrial District shall be subject to the following minimum dimensional standards: (a) Minimum lot area: 1 acre or as specified by conditional use permit (b) Minimum lot width: 150 feet (c) Minimum setbacks from property or road right-of-way lines for all principal structures: (i) Front yard - 25 feet (ii) Side yard none, except as required to meet the buffer requirements in subsection 6., below (iii) Corner side yard - 25 feet (iv) Rear yard none, except as required to meet the buffer requirements in subsection 6., below (d) Parking area setbacks: Parking areas, including internal drives, when located in a side or rear yard adjacent to a residential use or district shall be set back a minimum of ten feet from the property line. (Amended by Ordinance # , Effective April 01, 2006) (e) Maximum height for all principal structures except advertising signs, utilities and communication or wind towers: 45 feet (Amended by Ordinance # , Effective October 01, 2006) (f) Minimum setbacks from property or road right-of-way lines for all accessory structures: Accessory structure setbacks shall conform to the provisions of Article 5, Section 4, subsection Buffers. Buffers shall be required along Industrial District lot lines where lot lines are shared with a lot in another district as specified in Article 5, Section 3, subsection 4. (Amended by Ordinance # , Effective October 14, 2013) Section 11 CNR Critical Natural Resources District 1. Purpose. Critical Natural Resource Areas (CNRA) designated on the land use map are intended to conserve and protect high-value natural resource areas, including floodplains, unique natural areas, historic areas, wetlands, existing natural prairies, and other environmentally sensitive areas. Designated CNRAs are also intended to protect and enhance the quantity and quality of potable groundwater and surface water supplies; protect the access to and availability of the county s mineral resources; and conserve soil resources. These goals are achieved through the design of the LESA system scoring criteria, UDC zoning requirements, and MLS standards. In particular, the UDC zoning requirements generally require a 35-acre minimum lot size and that new development meet performance standards to protect identified sensitive environmental resources. For more information concerning how the goals and objectives of the Comprehensive Plan relate to each zoning district, refer to Table 7-4 at the end of Article January 1, 2006

23 2. Geographic location of CNR District. The Critical Natural Resources District shall be geographically located in those areas designated as Critical Natural Resource Areas on the Rural Land Use Map. 3. Criteria for designating critical natural resources. Provisions in this Section refer to critical natural resources, including the following: (a) Resources that provide vegetative diversity, wildlife habitat, community green space, water quality, flood protection, aesthetics, or economic value including both sustainable harvest and supporting recreation-oriented businesses. (b) Areas that sustain rare, threatened, endangered, or unique species or buffer such areas from land uses that might impact these species. (c) Areas that is naturally significant in spite of alteration by human impact. These areas may need ongoing management to maintain, enhance, or restore the area s natural resource value, including but not limited to exotic species control, fire management, stormwater management, selective harvesting, and use of best management practices in mitigating impacts of recreational and seasonal residential use. (d) Areas having one or more of the following characteristics: (i) (ii) Public waterways (Cedar and Wapsipinicon rivers and Buffalo Creek) Steep slopes (iii) Threatened or unique plant or animal communities (iv) Groundwater recharge/stormwater infiltration area (v) Sensitive geological and hydrological features. (vi) Forest cover that contributes to watershed functioning, native habitat, erosion control, and is not part of a designated forest reserve or tree farm. (vii) Historic or archeological site (Amended by Ordinance # , Effective October 14, 2013) 4. Delineated critical natural resources. Based on some or all of the criteria identified in subsection 3 above, Linn County has determined that areas within the Critical Natural Resources District meeting the following characteristics are to be considered critical natural resources. (a) Areas containing rare, threatened or unique plant or animal species as identified in the most recent versions of IDNR s March, 2002 publication of Iowa Listed Species within Linn County, the County Conservation Board s inventory of unique areas, Natural Areas Field Trip, dated April, 1991, or including species listed in the DNR Endangered and Threatened Plant and Animal Species rules, Chapter 77.2 IAC. (b) Woodlands located on steep slopes, in riparian areas, or within 50 feet of wetlands or any other delineated critical natural resource. (c) Areas not under cultivation that are listed on the National Wetland Inventory, or areas that contain hydric soils as shown on the ISPAID soils database for Linn County and are not under cultivation. (d) Public parks, greenways, or protected corridors or trails that have been so designated by the Linn County Conservation Board, Iowa DNR, or a municipality. (e) Steep slopes, defined as slopes 15% or greater as shown on topography data derived from LiDAR remote sensing. January 1,

24 (f) Areas with documented historic or archeological significance as identified by the State Historical Society of Iowa or the Office of the State Archeologist. 5. Permitted, conditional and accessory uses. Permitted, conditional and accessory uses of land allowed in a Critical Natural Resources District are only those specified in the use table, Table 7.2. General agricultural uses are specifically allowed. All uses not listed in the use table, Table 7.2, shall be prohibited. Specific permitted, conditional and accessory uses are subject to the requirements in Article Additional requirements. Additional requirements within this Ordinance and other County ordinances apply to development in the Critical Natural Resources District; these include, but are not limited to, the general regulations in Article Dimensional standards. Development within a Critical Natural Resources District shall be subject to the following minimum dimensional standards: (Amended by Ordinance # , Effective April 01, 2006) (a) Minimum lot area: (1) Single family dwelling and single family manufactured home - thirty five (35) acres (2) Single family dwellings and single family manufactured homes in an application that meets the minimum levels of service requirements of Article 4, Section 5, of this Ordinance and the land evaluation and site assessment requirements of Article 4, Section 6, of this Ordinance 2 acres, except for those areas within the subwatershed of the Cedar or Wapsipinicon rivers, where the minimum lot size shall be ten acres. (3) Single family dwellings and single family manufactured homes in an application that meets the minimum levels of service requirements of Article 4, Section 5, of this Ordinance and the land evaluation and site assessment requirements of Article 4, Section 6, of this Ordinance and proposes a cluster subdivision 1 acre, except for those areas within the subwatershed of the Cedar or Wapsipinicon rivers, where the minimum lot size shall be ten acres. (4) The minimum lot area for cabin areas regulated under Section 12 of this Article is 7,500 square feet. (5) All other uses no minimum lot size. (b) Minimum lot width: Minimum lot width, except for designated seasonal cabin areas, shall be 150 feet. (Amended by Ordinance # , Effective October 01, 2006) (c) Minimum setbacks from property or road right-of-way lines for all principal structures except those in designated seasonal cabin areas: (i) For lots subject to the lot size provision of subsection 7 (a) (i) of this Article: (1) Front yard 50 feet (2) Side yard 10 feet (3) Corner side yard 50 feet (4) Rear yard 50 feet (ii) For lots as part of a development application and subject to the lot size provisions of subsections 7 (a) (ii) and (iii) of this Article: (1) Front yard 25 feet (2) Side yard 10 feet 7-24 January 1, 2006

25 (3) Corner side yard 25 feet (4) Rear yard 25 feet (Amended by Ordinance # , Effective April 01, 2006) (Amended by Ordinance # , Effective May 19, 2014) (d) Minimum setbacks from delineated critical natural resources for all principal and accessory structures: Principal and accessory structures shall have a minimum setback of at least fifty feet (50 ) from any delineated critical natural resource except for seasonal cabin areas as described in Article 7, Section 12 of this Ordinance. These required setbacks may be reduced or eliminated, or critical resources may be encroached upon, based on an approved mitigation plan developed in conformance with Section 11, Subsection 9 General Performance Standards of this Article. (Amended by Ordinance # , Effective May 19, 2014) (e) Minimum setback for septic. Septic drain fields or any other on-site wastewater treatment system or holding equipment shall be set back ten feet (10 ) from all lot lines or road right-of-way lines. (f) Maximum height for all principal structures except utilities: 35 feet (Amended by Ordinance # , Effective October 01, 2006) (g) Minimum setbacks from property or road right-of-way lines for all accessory structures: Accessory structure setbacks shall conform to the provisions of Article 5, Section 4, subsection 3. (Amended by Ordinance # , Effective April 01, 2006) 8. Information required of applicants. An application for a land use or development permit for land in the Critical Natural Resources District shall require the following information in addition to general permit information requirements if the proposed land use or development may result in land disturbances or vegetative clearing of one (1) acre or more. (Amended by Ordinance # , Effective May 19, 2014) (a) A major site development plan meeting the requirements of Article 4, Section 7 and including the information required in subsections (b) through (i), immediately below. (b) Location and identification of all delineated critical natural resources on or within one hundred feet (100 ) of the parcel that is the subject of the application. Information on delineated critical natural resources may be available from the Linn County Planning and Development Department. (c) Within the proposed disturbance area the approximate location, size and species of all trees more than nine inches (9 ) in diameter. Trees outside of the disturbance area must be shown as crown cover with an indication of species composition. (d) Watershed divides and natural drainage ways (e) Areas that will result in compacted soils. (f) Aerial photographs of the site. (g) For those proposals disturbing or clearing one acre of land or more, an erosion and sediment control plan and a stormwater pollution prevention plan as described in Article 5, Section 5 of this ordinance. (h) Landscape plan indicating the size, species, and location of vegetation to be planted (Amended by Ordinance # , Effective May 19, 2014) (i) Mitigation plan as required; when a mitigation plan is required, a pre-application meeting will also be required. January 1,

26 9. General performance standards. The following performance standards apply to any development that occurs in the Critical Natural Resources District that is required to submit a major site development plan. On-going agricultural activities on sites that were being used for agricultural activities upon the adoption date of this Ordinance are not considered vegetative clearing. (a) Impervious surface limitation. All development shall minimize the amount of new impervious surface. No more than 10% of any buildable lot of thirty-five (35) acres or greater and no more than 25% of any lot smaller than thirty-five (35) acres shall be covered by impervious surfaces, including roofs, paved areas, roads, and compacted soils. (Amended by Ordinance # , Effective May 19, 2014) (b) Steep slopes. Steep slopes shall not be cleared, developed or built upon without an approved soil erosion plan or plan to re-vegetate the site. These plans shall be submitted with the site plan. Contiguous steep slopes on any lot shall not have an impervious surface coverage of greater than 15%. (i) Exception for driveways. A driveway to a buildable lot with no other access other than crossing a steep slope may be constructed if stormwater from the access route is diverted to an infiltration and retention area. (Amended by Ordinance # , Effective May 19, 2014) (c) Shoreland protection. Rivers, streams, ponds or backwater shorelands shall not be filled, altered, compacted, cleared of vegetation, or built upon, without approval of the Iowa Department of Natural Resources or the Army Corps of Engineers where applicable. A vegetative management plan must be prepared and submitted with the site plan. New buildings, outbuildings, or clearing within the Critical Natural Resources District must be set back one hundred feet (100 ) from the ordinary high water line, with the exception of allowed water-oriented accessory uses. (Amended by Ordinance # , Effective May 19, 2014) (d) Wetland protection. Wetlands shall not be altered, filled, piped, diverted, or built upon unless mitigated through the creation of similar quality wetlands in an amount 1.5 times the area of the original wetland and located within the same subwatershed as the original wetland and only after review and comment. Wooded areas may not be used for wetland mitigation areas. Additional setbacks may be required for downhill slopes in excess of four percent (4%) between the development and the wetland. The lowest floor elevation of any building must be one foot above the delineated wetland border. (Amended by Ordinance # , Effective May 19, 2014) (e) Vegetative management plan required. No more than 10% of the trees or twenty trees of 10 inch or greater diameter, whichever is more, on any parcel may be removed without a written vegetative management plan that has been reviewed and approved. Parcels registered as forest reserve with the County assessor are subject to requirements under Iowa Code 427. The vegetative management plan must describe tree removal methods, erosion and sediment control measures, and re-vegetation plans. Approved diseased tree removal and habitat restoration projects are exempt. (Amended by Ordinance # , Effective May 19, 2014) (f) Tree farms and forest reserves. Registered tree farms or forest reserves may be harvested subject to Iowa Code Section 427 provided the land owner has submitted a re-vegetation plan meeting the provisions of Iowa Code Section 427 for review and comment and demonstrated financial commitments to complete the plan. No timber harvesting is allowed on bluff areas, within 50 feet of the ordinary high water level of any river, or in areas 7-26 January 1, 2006

27 designated by the IDNR as containing rare, threatened, endangered, or unique plant or animal communities. (Amended by Ordinance # , Effective May 19, 2014) (g) Habitat protection. Where possible, any disturbances of natural habitat areas shall be avoided. If more than one acre of natural habitat is disturbed by any development, clearing, road building, or other non- emergency activity, a Natural Habitat Restoration Plan must be filed. The plan must identify the resources that will be disturbed and the corresponding restoration and/or mitigation efforts to retain an equivalent habitat area within the same subwatershed as the clearing. (Amended by Ordinance # , Effective May 19, 2014) (h) Stream and river vegetated buffers. Clearing of vegetation within 100 feet of the ordinary high water line for the rivers or Buffalo Creek is prohibited except as noted below: (i) Clearing is allowed if mitigated by restoration of an area 1.5 times the area of the cleared vegetation, and the mitigation action is approved. (ii) Maintenance of existing cleared areas in areas designated as cabin areas under Section 12 of this Article are exempt from this standard. 10. Performance standards for specific uses. The specific listed land uses within the Critical Natural Resources District shall meet the following performance standards. (a) Commercial use setbacks from waterways. All commercial conditional uses, including their parking lots, wastewater systems, and permanent structures other than water-related structures must be set back 150 feet from the ordinary high water line of the Cedar and Wapsipinicon rivers and Buffalo Creek. Wastewater systems, holding tanks, or other means of managing wastewater must be set back 150 feet from the ordinary high water line. (b) Infiltration areas required for commercial uses. All impervious surfaces of more than 300 square feet within the subwatershed of a river or Buffalo Creek must be buffered from the river or stream using stormwater infiltration areas, rain gardens, or constructed wetlands. Stormwater runoff must flow through the buffer. (c) Campground, recreational vehicle park, travel trailer park. Commercial recreation facilities offering camping, recreational vehicle or travel trailer sites must have a minimum size of five acres, and an additional acre for every twenty five sites, except as provided for in Section 12 of this Article, Seasonal Cabin and Recreational Overlay District Areas. All camping or trailer sites must be set back 100 feet from any ordinary high water line, and may not be located in a designated floodway. Impervious surface limitations as established in subsection 10 (a), above, apply and include all pavement, parking areas, compacted soil, trailer sites, roads, buildings, and all other recreational area without vegetative cover. Wastewater systems must be meet County Health Department performance and technology standards, and must be set back 150 feet from the ordinary high water line. (d) Canoe rental. Parking lots, wastewater systems, and permanent structures, other than storage facilities with a footprint less than 200 square feet, must be set back 150 feet from any ordinary high water line. (e) Marina. All shoreland, except for a single boat ramp, must be kept in a natural vegetated buffer. (f) Bed and breakfast. Bed and breakfast facilities must be located outside of historic seasonal cabin areas, as defined in Section 12 of this ordinance, and outside of the 100-year floodplain. January 1,

28 (g) Bait and tackle shop. Parking lot and wastewater systems, and permanent structures with a footprint greater than two hundred (200) square feet must be set back 150 feet from the ordinary high water line. All impervious surfaces must be buffered from the river using natural vegetation such that stormwater runoff must flow through the buffer. Section 12 REC Seasonal Cabin and Recreation Areas Overlay District 1. Purpose. Linn County has determined that existing cabins and seasonal homes in established seasonal cabin areas contribute to the County s character and provide amenities to residents and visitors. This section establishes an overlay district that serves the following purposes: (a) Preserves established seasonal cabin and recreation resources in Linn County, and ensures their sustainable use into the future (b) Limits established cabin areas to their existing size and density (Amended by Ordinance # , Effective October 14, 2013) (c) Allows conversion of cabin areas to private recreational vehicle parks for seasonal use. (d) Encourages preservation of sensitive natural areas in and adjacent to existing cabin areas (e) Establishes performance standards that ensure ongoing improvement and investment in established cabin areas, protects the safety of cabin users, and enhances property values in and near to cabin areas (Amended by Ordinance # , Effective April 01, 2006) 2. Closed district/rezoning prohibited. Unless subsequently determined to meet the requirements of subsection 3, Geographic area, rezoning any land to a REC seasonal Cabin and Recreation District shall be prohibited. 3. Geographic area. This section applies to the seasonal cabin areas identified on the Official Zoning map and includes areas designated under the 1959 Linn County Zoning Code as District E, those cabin areas that were allowed under the 1959 Zoning Ordinance in the D Rural District, and other seasonal cabin areas recognized as of the adopted date of this ordinance or as subsequently determined to meet the requirements of this Section. Cabin areas designated under the 1959 Zoning Ordinance that were no longer active on the effective date of this Ordinance have not been included on the Official Zoning Map. Evidence of activity used included an actively maintained access road and habitable seasonal cabins. (Amended by Ordinance # , Effective April 01, 2006) 4. Cabin area expansion. Cabin areas shall not be expanded, nor may additional cabin sites be created within cabin areas except under the following circumstances: (a) Existing multiple cabins on one lot. Except as provided in subsections 4(b) and 4(d) below, if multiple cabins are on a single lot of record no new cabin sites shall be created, nor shall any undeveloped area of the lot be used for any other land use, nor can the lot be further subdivided, as long as the established cabin area land use continues. (b) Conversion to other uses. Single lots of record with multiple cabins may be converted to other permitted or conditional land uses allowed in the base zoning district if lot size, setback, environmental development standards, and performance standards for the underlying base zoning district can be met. Lots of record that do not meet the minimum lot size requirements for non-cabin land uses shall not be converted to other uses until combined with other lots to provide the minimum lot size standards in the base zoning district January 1, 2006

29 (c) Effect of conversion on cabin use. Converting the land use from seasonal cabins to a different land use allowed in the base zoning district, including conversion to year-round residential use, shall remove the cabin overlay from the converted area. After application for conversion, in the form of an application for subdivision or development permit, is submitted to the County the converted area shall not be considered an established seasonal cabin recreation area. Upon approval of said application, the converted area s previous designation as established seasonal cabin and recreation area shall be extinguished. (d) Additional cabin sites. Additional cabin sites may be created on a lot of record with multiple cabins if all of the following conditions are met: (i) (ii) The existing cabins, on an averaged basis (number of cabins per acre of developed cabin area land) meet the minimum lot size requirements specified under the base zoning district; The new cabin site(s), including building and yard area associated exclusively with the new cabin, meet the minimum lot size, yard setbacks, and natural resource setbacks specified under the base zoning district; (iii) Wastewater systems meet Linn County Health Department wastewater systems standards; and, (iv) A major site plan shall be submitted and reviewed prior to approval of the proposed cabin area expansion. 5. Cabin improvements and expansions. Any seasonal cabin may be altered, repaired, structurally altered, enlarged, expanded, or reconstructed, provided that all of the following criteria have been met: (a) Permits required. All required permits have been issued, including but not limited to, zoning, building, electrical, mechanical, plumbing, well or septic. (b) Performance standards. All environmental performance standards, including floodplain standards, have been met. (c) Size limited. Enlargements or expansions shall not exceed five-hundred (500) square feet of additional cumulative floor area; and no enlargement or expansion shall result in a total cumulative floor area that exceeds one-thousand two-hundred and fifty (1,250) square feet. (d) Setback from river. An existing cabin that does not meet a 50-foot setback from any river or stream, or critical natural resource as required in the CNR District, shall not further encroach into the required setback area. (e) Other setbacks. Enlargements or expansions shall meet the following lot setback and building separation requirements: (i) Conformance with all setback requirements for the parent tract or parcel shall be maintained; (ii) Any proposed enlargement, expansion, or accessory building shall maintain at least a five foot (5 ) setback from adjacent individual lease area boundaries. Individual lease area boundaries shall be determined by one of the following methods (priority is given in order of most to least accurate): (1) Written descriptions (including surveys) of the individual lease area; (2) Commonly accepted lease area boundaries (e.g. as determined by fences or other demarcation); January 1,

30 (3) An assumed boundary established at a fixed distance of one-half the distance between the cabin and the exterior structure of existing adjacent cabins. (iii) The applicant shall provide the most accurate available boundary description. The applicant shall be responsible for staking the location of the boundaries. (f) Proof of cabin site. If no building currently exists on the site of the proposed expansion or improvement, all of the following standards must be met: (Amended by Ordinance # , Effective May 19, 2014) (i) A seasonal cabin shall have been in existence prior to January 1, Minimum evidence of the existence of the dwelling shall include: (1) Previous tax records establishing the existence of the dwelling; (2) Existence of 75 percent or more of the dwelling's foundation; or (3) Conclusive evidence from aerial photographs of the dwelling's previous existence. (ii) The parcel is located wholly within the Seasonal Cabin and Recreation Area Overlay District, or is an individual lot of record with existing maintained road access. (iii) The site of the previously existing dwelling must still be currently intact and shall not have been converted to agricultural production or other developed land use. (g) Accessory structure size limited. Accessory structures (garages, sheds and similar structures) shall not cumulatively exceed the lesser of either five-hundred and seventy-six (576) square feet or seventy-five percent (75%) of the floor area of the associated seasonal cabin. (Amended by Ordinance # , Effective March 17, 2014) (h) Property maintenance building on leased land. In cabin areas on leased land, one accessory building may be constructed by the landowner for the purpose of housing property maintenance equipment. A single story building, not exceeding 1,200 square feet in floor area, may be constructed for this purpose. 6. Road standards for new or expanded roads. Any new access or new internal road that will serve a seasonal cabin area shall conform to the County Standard Specifications for private roads. Section 13 Floodplain Overlay District 1. Purpose. It is the purpose of the Floodplain Overlay District to promote the public health, safety, and general welfare by minimizing flood losses by adopting provisions designed to: (a) Reserve sufficient floodplain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially. (b) Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities. (c) Require that uses vulnerable to floods, including public utilities which serve such uses, be protected against flood damage at the time of initial construction. (d) Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard. (e) Assure that property owners in the County maintain eligibility to purchase flood insurance through the National Flood Insurance Program January 1, 2006

31 2. Geographic location. The Floodplain Overlay District shall apply to all lands within the jurisdiction of the County Board of Linn shown on the Flood Boundary and Floodway Maps to be within the 100-year flood boundaries. (Amended by Ordinance # , Effective April 05, 2010) 3. Establishment of Official Floodplain Zoning Map. The Linn County, Iowa and Incorporated Areas Flood Insurance Rate Map (FIRM), all panels, dated April 5, 2010, prepared as part of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), Flood Insurance Study, dated April 5, 2010, and Digital FIRM equivalents are hereby adopted by reference and declared to be the Official Floodplain Zoning Map. 4. Warning and disclaimer of liability. The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of Linn County Board or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. 5. Floodplain administration. The administrative procedures for applying for, reviewing, ruling, and appealing floodplain permits are described below. (a) Duties and responsibilities of Zoning Administrator. The Zoning Administrator shall administer and enforce this ordinance: (i) Duties and responsibilities. Duties and responsibilities of the Zoning Administrator shall include, but not necessarily be limited to, the following: (1) Review all floodplain development permit applications to insure that the provisions of this ordinance will be satisfied. (2) Review all floodplain development permit applications to insure that all necessary permits have been obtained from federal, state or local governmental agencies. (Amended by Ordinance # , Effective October 14, 2013) (3) Review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding (4) Record and maintain a record of (A) the elevation (in relation to National Geodetic Vertical Datum) of the lowest floor of all new or substantially improved buildings or (B) structures have been floodproofed. (5) Notify adjacent communities and/or counties and the Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Insurance Zoning Administrator. (6) Keep a record of all permits, appeals, variances and such other transactions and correspondence pertaining to the administration of this Ordinance. (7) Submit to the Federal Insurance Zoning Administrator an annual report concerning the County Board's participation in floodplain management measures, utilizing the biannual report form supplied by the Federal Insurance Zoning Administrator. (8) Notify the Federal Insurance Administration of any annexations or modifications to the County Board's boundaries. January 1,

32 (9) Review subdivision proposals to insure such proposals are consistent with the purpose of this ordinance and advise the Board of Supervisors of potential conflicts. (ii) Floodplain development permit required. A floodplain development permit issued by the Zoning Administrator shall be secured prior to initiation of any floodplain development (any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations) including the placement of factory-built homes. (iii) Application for floodplain development permit. Application for a floodplain development permit shall be made on forms supplied by the Zoning Administrator and shall include the following information: (1) Description of the work to be covered by the permit for which application is to be made. (2) Description of the land on which the proposed work is to be done (i.e. lot, block, tract, street address or similar description) that will readily identify and locate the work to be done. (3) Identification of the use or occupancy for which the proposed work is intended. (4) Elevation of the 100-year flood. (5) Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of building or of the level to which a building is to be floodproofed. (6) For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements. (7) Such other information as the Zoning Administrator deems reasonably necessary for the purpose of this Ordinance. (iv) Action for permit application. The Zoning Administrator shall, within a reasonable time, make a determination as to whether the proposed floodplain development meets the applicable provisions and standards of this ordinance and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The Zoning Administrator shall not issue permits for conditional uses or variances except as directed by the Board of Adjustment. (v) Construction and use to be as provided in application and plans. Development permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. (vi) Violations. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, building floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this Ordinance, prior to the use or occupancy of any structure. (b) Conditional uses, appeals, and variances (i) Conditional uses. Requests for conditional uses shall be submitted to the Zoning Administrator, who shall forward such to the Board of Adjustment for consideration January 1, 2006

33 Such requests shall include information ordinarily submitted with applications as well as any additional information deemed necessary by the Zoning Administrator. (ii) Variances. The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this Ordinance that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this ordinance will result in unnecessary hardship. Variances granted must meet the following applicable standards: (1) No variance shall be granted for any development within the Floodway District which would result in any increase in the 100-year level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. (2) Variances shall only be granted upon (a) a showing of good and sufficient cause, (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (c) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create nuisances, or cause fraud on or victimization of the public. (3) A variance shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this Ordinance, the applicant shall be notified in writing over the signature of the Zoning Administrator that (a) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (b) such construction increases risk to life and property. (5) All variances granted shall have the concurrence or approval of the Department of Natural Resources. (iii) Hearings and Decisions of the Board of Adjustment. (1) Hearings. Upon the filing with the Board of Adjustment an appeal, an application for a conditional use or a request for a variance, the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing and give public notice thereof, as well as due notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written or oral evidence. The Board may require the appellant or applicant to provide such information as is reasonably deemed necessary and may request the technical assistance or evaluation of a professional engineer or other expert person or agency, including the Department of Natural Resources. (2) Decisions. The Board of Adjustment shall arrive at a decision on an appeal, conditional use or variance within a reasonable time. In passing upon an appeal, the Board of Adjustment may, so long as such action is in conformity with the provisions of this ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision, or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons of its decision. (3) Factors. In granting a conditional use or variance the Board of Adjustment shall consider such factors as contained in this section and all other relevant sections of this ordinance and may prescribe such conditions as contained in subsection (4) below. In passing upon applications for conditional uses or requests for Variances, January 1,

34 the Board of Adjustment shall consider all relevant factors specified in other sections of this Ordinance and: (A) The danger to life and property due to increased flood heights or velocities caused by encroachments. (B) The danger that materials may be swept on to other lands or downstream to the injury of others. (C) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (D) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (E) The importance of the services provided by the proposed facility to the County Board. (F) The requirements of the facility for a floodplain location. (G) The availability of alternate locations not subject to flooding for the proposed use. (H) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (I) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. (J) The safety of access to the property in times of flood for ordinary and emergency vehicles. (K) The expected height, velocity, duration, rate of rise and sediment transport of the flood water expected at the site. (L) Such other factors which are relevant to the purpose of this Ordinance. (4) Conditions attached to conditional uses or variances. Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of conditional uses or variances as it deems necessary to further the purpose of this Ordinance. Such conditions may include, but are not necessarily limited to: (A) Modification of waste disposal and water supply facilities. (B) Limitation on periods of use and operation. (C) Imposition of operational controls, sureties and deed restrictions. (D) Requirements for construction of channel modification, dikes, levees, and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purposes of this Ordinance. (E) Floodproofing measures. 6. Establishment of Floodplain Overlay Districts. The floodplain areas within the jurisdiction of this Ordinance are hereby divided into the following overlay districts: (a) Floodway District. The Floodway District shall be consistent with the boundaries of the floodway as shown on the Official Floodplain Zoning Map January 1, 2006

35 (b) Floodway Fringe District. The Floodway Fringe District shall be those areas shown as floodway fringe on the Official Floodplain Zoning Map. (c) General Floodplain District. The General Floodplain District shall be those areas shown on the Official Floodplain Zoning Map as being within the approximate 100-year floodplain boundary. Figure 6 Illustration of Flood Hazard Areas 7. Permitted uses, conditional uses, and performance standards. Permitted uses and conditional uses in the floodplain overlay districts shall be determined by the more restrictive of the uses listed in the floodplain districts below and those listed in the use table, Table 7-1, for the underlying zoning district. Performance standards for both the overlay and base zoning district must be met. If overlay and base zoning district performance standards are in conflict the more restrictive standard will apply. (a) Floodway District permitted uses. The following uses shall be permitted within the Floodway District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstruction, the storage of materials or equipment, excavation, or alteration of a watercourse. (i) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. (ii) Industrial-commercial uses such as loading areas, parking areas, airport landing strips. (iii) Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails. (iv) Residential uses such as lawns, gardens, parking areas and play areas. (v) Open-space uses. (b) Floodway District conditional uses. The following uses which involve structures (temporary or permanent), fill, storage of materials or equipment may be permitted only upon issuance of a conditional use permit, unless prohibited in the underlying zoning district. Such uses must also meet the applicable provisions of the Floodway District Performance Standards. (i) Uses or structures accessory to open-space uses. (ii) Circuses, carnivals, and similar transient amusement enterprises. January 1,