MONROE COUNTY CODE OF ORDINANCES

Transcription

1 MONROE COUNTY CODE OF ORDINANCES Ord. No. Date Adopted Subject Page - Orig Ord Bk 1 Sept. 6, 1983 Tax Exemption Ordinance REPEALED (see Ord Snow & Ice Policy for Sec. Roads) Jan. 29, 1986 Area Service System B Road (Sec. Roads) Sept. 17, 1987 Establishing Requirements for Landfill Operation (amended June 29, 1988) REPEALED (Accepting & Reporting Gifts) REPEALED (see Ord Monroe Co. Unified Development Code) Aug. 3, 1990 Monroe County Comprehensive Zoning Ordinance (amended Sept. 14, 1990) Dec. 27, 1990 Relating to the Disposal of Yard Wastes on and after Jan. 1, Jan. 25, 1991 Relating to Hazardous Waste Clean Up and Cost of Clean Up 10 Dec. 20, 1991 Urban Renewal Area Jan. 5, 1993 Providing for the Issuance of Permits for Utility Installation and Collection of Fees 12 Mar. 9, 1993 Relating to On-site Wastewater Treatment and Disposal System and Providing Penalties for Violations * (amended April 16, 2002) Feb. 8, 1994 Issuing Siting Permits for Solid Waste Landfills Sept. 16, 1994 Regulating the Use of Sewer Treatment System-Avery REPEALED (see Ord. No. 21) Snow & Ice Removal Ord Sept.6, 1995 Setting Forth Certain Restrictions on Use of Cemeteries in Monroe County, Iowa 17 REPEALED (see Ord. No. 26) Est Area Service "C" Road Classification REPEALED (see Ord. No. 24)Restricting Speed of Motor Vehicles/ Sec. Roads Oct. 1, 1999 Rural Addressing Ordinance (911) * (amended April 16, 2002) REPEALED (see Ord. No. 31) Precinct Boundaries REPEALED (see Ord. No. 27) Snow & Ice Removal Ord Jan. 21, 2002 Establishing a Cemetery Commission in Monroe County, Iowa 23 REPEALED (see Ord. No.33) Monroe Co. Code of Ordinances Aug. 19, 2003 Repealing Ordinance 18 - Enacting New Ordinance Restricting Speed of Motor Vehicles on Sec. Roads in Monroe Co. 25 Sept. 16, 2003 Establishing a Local Option Sales & Services Tax in Monroe County, Iowa 26 Nov. 12, 2003 Repealing Ordinance 17 - Enacting New Ordinance Establishing Area Service "C" Road Classification in Monroe County 27 REPEALED (see Ord. No. 30) Snow & Ice Removal Ord May 5, 2004 Establishing a School Local Option Sales & Services Tax Applicable to Transactions within the Albia Comm., Eddyville-Blakesburg Comm., Moravia Comm., and Russell Comm. School Districts in Monroe County, Iowa 29 Sept. 20, 2005 Monroe County Unified Development Code * (Amended Jan. 9, 2007) * (Amended Apr. 7, 2009) * (Amended Dec. 21, 2010) * (Amended Feb. 14, 2012) Nov. 1, 2005 Repealing Ordinance 27 - Enacting New Ordinance Establishing Policy & Level of Service in Respect to Removal off Snow & Ice and Maintenance of Monroe County's Secondary Roads During Winter Months 31 REPEALED (see Ord. No. 35) Precinct Boundaries July 3, 2007 Prohibiting Sex Offenders from Residing Within Two Thousand Feet of a School, Child Care Facility, Public Park, Public Playground, Church or Public Library REPEALED (see Ord. No.36) Monroe Co. Code of Ordinances June 2, 2009 Regulating the Use of Waste Water Sewage Treatment System in Monroe County, Iowa 35 Aug. 9, 2011 Designating the Boundaries of the Voting Precincts in in Monroe County, Iowa (repeal of Ord Feb. 12, 2013 Adopting the Monroe County Code of Ordinances (repeal of Ord. 33) 37 May 5, 2015 Set Compensation for Township Trustees July 28, 2015 Establish a Policy for Construction and Reconstruction of roadways and bridges on Secondary Road System 39 April 12, 2016 On-Site Wastewater Treatment and Disposal System and Providing Penalties for Violations 40 January 30, 2018 Flood Plain Management April 10, 2018 Adopting the Monroe County Code of Ordinances 2018 Book 2 pg July 3, 2018 Airport Land Use & Height Overlay Zoning Book 2 pg 7-9 * 29 Ordinance No Monroe County Unified Development Code published on this site with amendments Note: Repealed Ordinances are not published on this website.

2 ORDINANCE NUMBER 1 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF MONROE COUNTY, IOWA, PROVIDING FOR THE PARTIAL EXEMPTION FROM PROPERTY TAXATION OF THE ACTUAL VALUE ADDED TO INDUSTRIAL REAL ESTATE BY THE NEW CONSTRUCTION OF INDUSTRIAL REAL ESTATE AND THE ACQUISITION OF OR IMPROVEMENT TO MACHINERY AND EQUIPMENT ASSESSED AS REAL ESTATE. WHEREAS, the Board of Supervisors of Monroe County, Iowa, is empowered by Chapter four hundred twenty-seven B (427B) of the Code of Iowa to provide for a partial exemption from property taxation of the actual value added to industrial real estate by the new construction of industrial real estate and the acquisition of or improvement to machinery and equipment assessed as real estate pursuant to Section four hundred twenty-seven A point one (427A.1), subsection one (1), paragraph e, of the Code of Iowa, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF MONROE COUNTY, IOWA, AS FOLLOWS: Section 1. The Board of Supervisors of Monroe County, Iowa, does by this Ordinance provide for a partial exemption from property taxation of the actual value added to industrial real estate by the new construction of industrial real estate and the acquisition of or improvement to machinery and equipment assessed as real estate pursuant to Section four hundred twenty-seven A point one (427A.1), sub-section one (1), paragraph e, of the Code of Iowa, in the following areas of Monroe County, Iowa: a. Outside the incorporated limits of a city to which a city has extended its zoning ordinance pursuant to Section four hundred fourteen point twentythree (414.23) of the Code of Iowa which complies with the city s zoning ordinance. b. Outside the incorporated limits of a city which has adopted a zoning ordinance, but which has not extended the ordinance to the area permitted under Section four hundred fourteen point twenty-three (414.23) of the Code of Iowa if the property would be within the area to which a city may extend a zoning ordinance pursuant to said Section four hundred fourteen point twentythree (414.23) of the Code. c. Outside the incorporated limits of a city which has not adopted a zoning ordinance, but which would be within the area in which a city may extend a zoning ordinance pursuant to Section four hundred fourteen point twentythree (414.23) of the Code of Iowa. d. Any other area where such partial exemption could not otherwise be granted under this Ordinance where the actual value added is to industrial real estate existing on July 1, Section 2. Definitions: New construction means new buildings and structures

3 and includes new buildings and structures, which are constructed as additions to existing buildings and structures. New construction does not include reconstruction of an existing building or structure which does not constitute complete replacement of an existing building or structure or refitting of an existing building or structure unless the reconstruction of an existing building or structure is required due to economic obsolescence and the reconstruction is necessary to implement recognized industry standards for the manufacturing and processing of specific products and the reconstruction is required for the owner of the building or structure to continue to competitively manufacture or process those products which determination shall receive prior approval from the Board of Supervisors upon the recommendation of the Iowa Development Commission. The exemption shall also apply to new machinery and equipment assessed as real estate pursuant to Section four hundred twenty-seven A point one (427A.1), subsection one (1), paragraph e, of the Code of Iowa, 1981, unless the machinery or equipment is part of the normal replacement or operating process to maintain or expand the existing operational status. Actual value added as used in this Ordinance means the actual value added as of the first year for which the exemption is received, except that actual value added by improvements to machinery and equipment means the actual value as determined by the assessor as of January 1 of each year for which the exemption is received. Section 3. Under this Ordinance the actual value added to industrial real estate for the reasons specified herein shall be eligible to receive a partial exemption for a period of five (5) years. Section 4. The amount of actual value added which is eligible to be exempt from taxation shall be as follows: a. For the first year, seventy-five percent b. For the second year, sixty percent. c. For the third year, forty-five percent. d. For the fourth year, thirty percent. e. For the fifth year, fifteen percent. This schedule shall be followed unless an alternative schedule is adopted by the Board of Supervisors. However, the granting of the exemption under this section for new construction constituting complete replacement of an existing building or structure shall not result in the assessed value of the industrial real estate being reduced below the assessed value of the industrial real estate before the start of the new construction added. Section 5. An application shall be filed for each project resulting in actual value added for which an exemption is claimed. The application for exemption shall be filed by the owner of the property with the County Assessor by February 1 of the assessment year in which the value added is first assessed for taxation. Applications for exemption shall be made on forms prescribed by the Director of Revenue of the State of Iowa and

4 shall contain information pertaining to the nature of the improvement, its cost and other information deemed necessary by the Director of Revenue. A person may submit a proposal to the Board of Supervisors to receive prior approval for eligibility for a tax exemption on new construction. The Board of Supervisors may give its prior approval of a tax exemption for new construction if the new construction is in conformance with the zoning plans of the city or county. The prior approval shall also be subject to the hearing requirements of Section Four hundred twenty-seven B point 1 (427B.1) of the Code of Iowa. Prior approval does not entitle the owner to exemption from taxation until the new construction has been completed and found to be qualified real estate. However, if the tax exemption for new construction is not approved, the person may submit an amended proposal to the Board of Supervisors to approve or reject. Section 6. When in the opinion of the Board of Supervisors the exemption granted by this Ordinance ceases to be of benefit to Monroe County, Iowa, the Board of Supervisors may repeal this Ordinance, but all existing exemptions shall continue until their expiration. Section 7. A property tax exemption under this Ordinance shall not be granted if the property for which the exemption is claimed has received any other property tax exemption authorized by law. Section 8. This Ordinance may be enacted not less than thirty (30) days after a public hearing held in accordance with Section three hundred fifty-eight A point six (358A.6) of the Code of Iowa. This Ordinance was passed and approved on this 6 th day of September, Raymond Vance Chairman, Board of Supervisors of Monroe County, Iowa ATTEST: David Grimes County Auditor Monroe County, Iowa

5 MONROE COUNTY ORDINANCE NO. 3 Title. An ordinance establishing the Area Service System B Road Classification in Monroe County, Iowa. BE IT ENACTED by the Board of Supervisors of Monroe County, Iowa: Section 1. Purpose. The purpose of this ordinance is to classify certain roads on the Area Service System in Monroe County to provide for a reduced level of maintenance. Section 2. Definitions. For use in this ordinance certain terms or words used herein shall be interpreted as follows: 1. Area Service System includes those public roads outside of municipalities not otherwise classified. a. Area Service System A roads shall be maintained in conformance with applicable state statutes. b. Area Service System B roads shall not require standard of maintenance equal to Trunk, Trunk Collector, or Area Service System A roads. c. Area Service System B shall not mean what is construed in a normal sense as a driveway or a private lane to a farm building. 2. Board shall mean the Board of Supervisors of Monroe County, Iowa. 3. Engineer shall mean the County Engineer of Monroe County, Iowa. Section 3. Powers of the Board. All jurisdiction and control over Area Service System B roads as provided by this ordinance shall rest with the Board of Supervisors of Monroe County. Section 4. Authority to Establish. The Board of Supervisors of Monroe County is empowered under authority of Section of the Code of Iowa (1985) to classify secondary roads in the Area Service System to provide for a reduced level of maintenance on roads so designated. Section 5. Area Service System B Designation. The Board, after consultation with the Engineer, shall by resolution establish the roster, number, and list of roads classified as Area Service System B roads. Section 6. Maintenance Policy. Only the minimum effort, expense and attention will be provided to Area Service System B roads. The Board shall establish by resolution the maintenance policies, which describe the minimum activities for Area Service Level B System roads. Section 7. Exemption of Liability. As provided in Section of the Code of Iowa (1985), the County and officers, agents, and employees of the County are not liable for injury to any person or for damage to any vehicle or equipment, which occurs proximately as a result of the maintenance of a road which has been maintained as Area Service System B, if the road has been maintained as provided by the policies established under Section 6 of this ordinance. Section 8. Administration. The Engineer shall maintain an accurate record of all segments of roads classified by the Board as Area Service System B and shall cause the necessary signs to

6 be erected as every public road access in those roads so classified as Area Service System B. Section 9. Severability Clause. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such as adjudation shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 10. Effective Date. This ordinance shall be in effect upon publication in the county newspaper following final approval. Read First Time and Passed: Read Second Time and Passed: Final Reading and Passage: Date of Publication: This Ordinance was passed and approved on this 29 th day of January, Billy K. Myers, CHAIRMAN Board of Supervisors of Monroe County, Iowa ATTEST: CATHARINE M. BROTHERS, County Auditor Monroe County, Iowa

7 ORDINANCE NO. 4 AN ORDINANCE establishing requirements for the operation of Landfills within the County and providing enforcement mechanisms. SECTION #1: PURPOSE This Ordinance implements the County s responsibility to consider groundwater protection policies in its programs as mandated by Iowa Code Section 455E.10(1); adopts regulatory policies for groundwater protection as authorized by Iowa Code Section 455E.10(2); requires all prospective operators of solid waste disposal facilities to apply for and acquire a Solid Waste Disposal Permit from the County upon a proper showing of need, public hearing within the County on environmental impact, and payment of permit fees; requires all operators to post reasonable financial assurance for the lawful, conscientious and reliable operation of a disposal facility; and provides for revocation of permits and other civil penalties consistent with the home rule authority and civil penalties consistent with the home rule authority and police power of the County and Iowa Code Section (15). SECTION #2: DEFINITIONS A. County means Monroe County, Iowa. B. Law means all Federal, State, and Local statutes, administrative rules, ordinances, Court rulings, and agency rulings which apply to a given situation. C. Operator means a person or corporation operating a disposal facility. D. Disposal Facility means a sanitary landfill where solid waste is buried between layers of earth. E. Groundwater means any water defined in Iowa Code Section 455B.171, which occurs beneath the surface of the earth on a saturated geological formation of rocks or soil. F. Nuisance means those activities defined in Iowa Code Sections 657.2(1), (2), and/or (4). G. Solid Waste means those substances described and defined in Iowa Code Section 455B.301(5). SECTION #3: POLICY The protection of the health, safety, and welfare of citizens in Monroe County and the protection of the environment require the safe, sanitary, and reasonable disposal of solid wastes. An effective and efficient solid waste disposal program protects the environment and the public, and provides the most practical and beneficial use of the material and energy values of solid waste. While the continuing necessity for the existence of landfills to meet the needs of the people is apparent, alternative methods of managing solid waste for all persons are needed and methods of managing the solid waste of all persons is the responsibility of all persons and their elected representatives, including representatives of Monroe County. Persons in Monroe County have a right to be protected from unnecessary, unsafe, and/or unreasonable disposal of solid waste, which affects them and their environment, and the right to be free from nuisance created by solid waste and/or its disposal. To the end that solid waste and its disposal is everyone s problem, persons in Monroe County have a right to address the relevant issues in a local, public forum and through their representatives and through the County s inherent police power, the right to require, implement, and enforce reasonable regulations of solid waste and its disposal. SECTION #4: REQUIREMENTS FOR SOLID WASTE DISPOSAL FACILITY A. It shall be unlawful for any private or public person, corporation, or agency to dump or deposit, or permit the dumping or depositing of any solid waste at any place in the County other than a disposal facility holding a permit issued by the County s Board of Supervisors. (However, this Section shall not prohibit a private person or a public body from dumping or depositing solid waste resulting from its own residential, farming, manufacturing, mining, or commercial activities on land owned or leased by it, if the action does not violate any other Law. This Section specifically prohibits the dumping or depositing of solid waste at any landfill which does not hold the requisite County permit.) B. An operator of a proposed or existing disposal facility may apply for a permit by completing all of the following: 1. A written request for a permit must be filed with the County Board of Supervisors and the application must include: a. The names, addresses, and telephone numbers of the operator (if a corporation, the information must include the names of its officers), and all persons assisting in the preparation of the application (engineers, geologists, etc.). b. The exact legal description of the proposed location of the disposal facility.

8 c. The detailed plans for transportation, transfer, loading and unloading, processing, and burial of solid waste (including plans for use of public and private rights-of-way; traffic control; dust control; disease control; and visibility control). d. A detailed study and detailed projections regarding the impact of the facility and its operation on groundwater resources. e. Detailed projections concerning the daily volume in tons of solid waste; daily traffic count; and duration of facility use. f. Detailed plans for maintenance and monitoring of the facility, including monitoring through ground wells for presence of leachate. g. Detailed plans for closure and post closure maintenance and monitoring. 2. Appearance at a public hearing scheduled and conducted by the County to receive input from, and address questions from, persons and agencies regarding the application for permit. 3. Posting of a $1,000, irrevocable, nondischargeable bond for 30 years duration to assure the performance by the operator of proper operation, maintenance, monitoring, closure and post closure maintenance and monitoring responsibilities for the period of operation and for 30 years after closure. 4. Payment to the County of a permit fee of $ and additional, periodic fees as follows: a. The operator shall document in writing and pay a tonnage fee for each ton of solid waste deposited (measured as required in Iowa Administrative Code Section (455B)(2) in excess of 25 tons per day, an amount equal to the following, which shall be a tonnage fee assessed and payable in addition to any tonnage fee required by a State regulative body: 1. For the year beginning July 1, 1988 through June 30, 1989: $1.50 per ton; 2. For the year beginning July 1, 1989 through June 30, 1990: $2.00 per ton; 3. For the year beginning July 1, 1990 through June 30, 1991: $2.50 per ton; 4. For the year beginning July 1, 1991 through June 30, 1992: $3.00 per ton; 5. For the year beginning July 1, 1992 and all subsequent years: $3.50 per ton. The tonnage fee assessed under this Section 4(B)(4) shall be held separate from all other County funds and shall be used by the County exclusively for the development and implementation of alternatives to sanitary landfills or for the costs incurred by the County to abate problems associated with the operation of the respective sanitary landfill. b. Payments shall be made on a quarterly basis due ten days after the close of each calendar quarter. c. Permit fees unpaid when due shall draw interest and penalty at one and one-half percent per month until paid. d. Permit fees unpaid when due shall result in immediate revocation of the permit. 5. The County Board of Supervisors shall schedule a public hearing before a joint meeting of the Board, the County Board of Health, and the County Conservation Board, on each permit application. a. Notice of the hearing shall be published as required in Iowa Code Section b. At the hearing, the Chairman of the Board of Supervisors shall preside. c. The applicant for the permit shall address the hearing and set forth the proposal for a Solid Waste Disposal Permit. d. The County Board of Health shall make a presentation regarding its findings from any study conducted, investigation undertaken, or other relevant matters, concerning the proposed operation of a disposal facility. e. The County Conservation Board shall present its findings from any study conducted, or investigation undertaken and any other relevant findings or information concerning the proposed operation of a disposal facility. f. Input, if any shall be received from the public.

9 g. At the conclusion of the hearing or at a future meeting, the Board of Supervisors shall consider the application and shall make specific findings as to the need for the facility; the impact of the operation of the facility on the County s infrastructure and environment, groundwater resources, and the public; the information submitted by the County Health Board and Conservation Board; and the general qualifications of the specific proposal presented and the specific operator nominated. The Board shall make a decision whether to grant the permit requested, deny the application, or grant the permit on specified conditions. h. The County Board of Supervisors shall notify the applicant in writing of its decision and the basis therefore. SECTION #5: OPERATION OF FACILITY A. All trucks, railcars, or other transportation vehicles transporting solid waste to the facility and traveling within the County must be tarped or fully enclosed at all times, except for the specific loading and unloading of the transportation vehicle at a transfer station or at the disposal facility; and any such loading and unloading activity shall not result in the exposure of solid waste for more than a 12-hour period. B. It shall be unlawful for any person who is not specifically vested with the responsibility of loading, unloading, or monitoring of solid waste within the County to rummage through, pilfer, salvage, or otherwise invade, tamper with, or have voluntary contact with, solid waste being transported to, being dumped or deposited in a disposal facility, or located within such facility. However, it shall not be unlawful for persons to come in contact with solid waste when cleaning a transfer station, disposal facility, or right-ofway of litter. C. All transfer stations within the County used for the transfer of solid waste from its source to a transportation vehicles or from a transportation vehicle to another transportation vehicle, shall be fully enclosed facilities, with concrete flooring, with drainage facilities to a sanitary sewer, and shall be hosed down with water and disinfectant at least once every 12 hours during use or after each use, whichever is less frequent. D. Each operator of a solid waste facility in the County must at all times maintain a current listing of solid waste contributors including the names, addresses, and telephone numbers of persons under contractual agreement to deposit solid waste in the facility; persons dumping or depositing waste in the facility on a call basis; persons transporting waste to the facility both from outside of the County and from within the County; and any indirect contributors of waste amounting to more than one ton per dumped or deposited load of waste. Said information shall be available to the County upon request by its Board of Supervisors or its designee, including the County Board of Health. E. The operator of a disposal facility shall be directly responsible for requiring compliance by all transporters and transferors or of solid waste of the provisions of this Section #5; and the operator shall be jointly and severally responsible for any violations of this Section. SECTION #6: HAZARDOUS WASTE A. Hazardous Substance means a hazardous substance as defined in Iowa Code Section 455B.411(3). B. Hazardous Waste means a waste or combination of wastes as defined in Iowa Code Section (4). C. It shall be unlawful for any hazardous substance or hazardous waste to be transported to a disposal facility or dumped or deposited in such a facility in the County. The operator of a disposal facility and any person transporting any hazardous substance or hazardous waste as hereinabove prohibited shall be jointly and severally responsible for the violation of this provision. D. The operator of a disposal facility shall have an affirmative duty and responsibility to monitor through its contracts and other forms of acceptance of solid waste and through routine physical checking of each load of waste, for the transportation and/or dumping and depositing of hazardous substances and hazardous wastes. E. Upon the reasonable suspicion or discovery of the transportation or dumping and depositing of hazardous substances or hazardous wastes by any person working in the transportation, dumping and depositing, or other operation of a transfer station or disposal facility, the person acquiring the reasonable suspicion or

10 discovery of violation of this Section #6 shall immediately notify in writing the County Board of Supervisors specifying the nature of the reasonable suspicion; the identity of other persons with knowledge of the situation; the identity of the hazardous substance or hazardous waste, if known; the exact date and location of the violation and the present location of the suspected or discovered hazardous substance or hazardous waste. F. The County Board of Supervisors or its designee, including the County Board of Health shall have authority to immediately impound or otherwise secure and seize any transportation vehicle or other containing conveyance or facility which, through reasonable investigation, is reasonably suspected to or does contain a hazardous substance or hazardous waste. SECTION #7: VIOLATIONS BY OPERATORS A. A violations by a disposal facility operator of any Law including this Ordinance relating to creation, use, operation, maintenance, monitoring, closure, or post closure maintenance and monitoring of a disposal facility, including responsibilities for transfer and transportation of solid waste, shall result in immediate revocation of the permit which may be issued pursuant to Section #4 hereof. B. In addition to any other penalty provided herein or by Law, a violation by the operator of any provision of this Ordinance shall be a County Infraction and subject to a civil penalty not to exceed $ per violation, or if the infraction is a repeat offense, a civil penalty not to exceed $ for each, repeat offense. SECTION #8: VIOLATIONS BY OTHER PERSONS Any person, including but not limited to, persons employed in the transfer and transportation of solid waste within the County who violate any provision of this ordinance shall commit a County Infraction and shall be subject to a civil penalty not to exceed $ for each violation, and if the infraction is a repeat offense, a civil penalty not to exceed $ for each, repeat offense. SECTION #9: EFFECTIVE DATE This Ordinance becomes effective on the date published as provided in Iowa Code Section (7); however, any disposal facility which has accepted the dumping and depositing of solid waste at its location of operation prior to the date this ordinance becomes effective, is expressly exempted from the requirements established herein. SECTION #10: ESTABLISHMENT OF LANDFILL PROTECTION FUND The County shall use all permit fees and civil penalty fees collected under this Ordinance to create and maintain a Landfill Protection Fund, held separate from all other County funds, which shall be used by the County Board of Supervisors to provide such services, improvements, or other reasonable and necessary benefits to persons in the County as are reasonably necessary to protect persons in the County from adverse effects of landfill operations within the County. However, all tonnage fees assessed pursuant to Section #4(B)(4)(a) shall be used by the County exclusively for the development and implementation of alternatives to sanitary landfills or for the costs incurred by the County to abate problems associated with the operation of the sanitary landfill. SECTION #11: UNPERMITTED LANDFILLS Any disposal facility which is operating in the County without a County permit as required by this Ordinance is a nuisance and shall be abated according to law. SECTION #12: SEVERABILITY If any provision of this Ordinance becomes ineffective, void, or voidable by operation of statute, rule, Court order, or otherwise, all other provisions and Sections shall remain in full force and effect and shall be unaffected thereby. Read First Time and Passed September 11, 1987

11 Read Second Time and Passed September 15, 1987 Final Reading and Passage Date of Publication September 17, 1987 September 24, 1987 THE FOREGOING ORDINANCE IS ADOPTED PURSUANT TO IOWA CODE SECTION THIS 17 TH DAY OF SEPTEMBER, MONROE COUNTY, IOWA ATTEST: By: Raymond Vance Raymond Vance Chairman Board of Supervisors Catharine M. Brothers Catharine M. Brothers Auditor Monroe County, Iowa By: Billy K. Myers Billy K. Myers Member Board of Supervisors By: _Helen Sinclair Helen Sinclair Member Board of Supervisors AMENDMENT TO ORDINANCE #4 WAS DULY ADOPTED PURSUANT TO IOWA CODE SECTION ON THE 29 TH DAY OF JUNE, Read first time and passed: June 23, 1988 Read second time and passed: June 27, 1988 Final reading and passage: June 29, 1988 Date of Publication: June 30, 1988 MONROE COUNTY, IOWA ATTEST: By: Billy K. Myers Billy K. Myers, Chairman Board of Supervisors Catharine M. Brothers Catharine M. Brothers Auditor, Monroe County, Iowa By: Helen Sinclair Member Board of Supervisors By: Raymond Vance Member Board of Supervisors

12 ORDINANCE NO. 7 MUNROE COUNTY COMPREHENSIVE ZONING TABLE OF CONTENTS Section 1 Title 2 Jurisdiction, Scope and Purpose 3 Special Exemptions 4 Interpretation of Standards 5 Definitions 6 District Provisions Subd. 1 Establishment of Districts Subd. 2 District Boundaries Subd. 3 General Regulations and Provisions Subd. 4 A-I Prime Farmland Agricultural District Subd. 5 A-2 Agricultural District Subd. 6 R-1 Single Family Residential District. Subd..7. R-2 Single Family Residential District Subd. 6 RU[[ Residential. Mobile Hone District Subd. 9 C-1 Comercial District Subd. 10 C-2 Highway Service Commercial District SuLd. 11 I-1 Light Industrial District ' Subd Heavy Industrial District Subd. 13 Airport (Overlay) District 7 ' Off-Street Parking and Loading Requirerrents_... 8 Sign and Billboard Regulations 9 Hon-conforming Uses 10 Exceptions and Modifications 11 Administration Subd. 1 Zoning Administrator Subd. 2 Board of AdjusUlent Subd. 3 Conditional Uses, Subd. _ 4 Variances Subd. 5.Amendments Subd.'6 Zoning Permits 12 Violation and Penalty 13 Validity 14 Effective

13 ON 11 TME This ordinance shall be known and may be cited and referred to as the "Monroe County, Iowa, Zoning Ordinance.!" SECTION 2: JURTSMTTON, SMEILANILEURMEE The jurisdiction of this ordinance shall apply to all the unincorporated area inside the county limit boundaries of Monroe County, Iowa. - ' Except as may be hereinafter specified, no land, building structure, or --. Piemises,_hcreafter shall be used and no structure may be located, constructed, extended, converted, structurally altered or otherwise developed without full compliance with the teens of this Ordinance. Any structure or use lawfully existing at the effective date of this Ordinance but not in conformity with the regulations of the appropriate zoning district may be continued, subject to the regulations of Section 9. The purpose of this Ordinance is to promote public health, safety, comfort and general welfare; to conserve and protect property values; to encourage the most appropriate use of land through orderly development to conserve and protect our natural resources; to facilitate adequate but economical provisions for public improvements; and to protect private property rights, all in acdordance with and as permitted by the provisions of Chapter 358A, Code of Iowa (1984 :as-amenclea0,-, EtECUIWEELUILLIKETELLONS 1. No regulation or restriction adopted under the provisions of this Ordinance shall be construed to apply to land, farm houses, farm barns, farm outbuildings or other buildings, structures, or erections which are primarily adapted, by reason of nature and area; for use for agricultural purposes, while so used. a. Agricultural buildings and land uses are not exempt from complying with any Federal, State or Local regulations concerning developing, depositing, or excavating in or on any flood plains. b. It shall be the responsibility of any person or group claiming ' that -certain property is entitled to exemption on the basis of this Section to demonstrate that the property and buildings are primarily adapted and used for agricultural purposes.. 2. A special exemption applies to utility companies that are regulated by the Iowa Commerce Commission. While the Zoning Ordinance cannot regulate the distributing equipment and structures of utility 1

14 EECTION 4: companies, Monroe County encourages such companies to comply voluntarily with the standards and the land use policies of Monroe County. This exemption does not apply to cable television corrpanies. INIEaMETATISALQE_STAIVEM In the interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements. Where this Ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules, regulations, or restrictive covenants, the provisions of this Ordinance shall control. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this.ordinance, such restrictions shall apply. For the purpose of this Ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural; and the plural, the singular. The word "shall" is mandatory, the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual; the words "used" or "occupied" include the words intended, designed, or arranged to be used or occupied. ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. ADMINISTRATIVE OFFICER: The individual designated by the Board of Supervisors and this Ordinance who is responsible for the enforcement of the regulations imposed by the Zoning Ordinance. This person may also be referred to as the Zoning Administrator.. ADULT BOOK STORE. ADULT THEATER: An establishment having as a substantial or significant portion of its stock in trade, books, flogagiues, periodicals, or the display of motion pictures which are distinffuished or characterized by their emphasis on matter depicting or describing or relating to "specific sexual activities" or "special anatomical_ areas" (as defined below), or an establishment with a segment or section devoted to the sale or display of such material. AGRICULTURE: The use of not less than I (one) acre of land for agri, cultural purposes including farming, dairying, pasturage, agriculture, horticulture. floriculture, vitacultuxe, fish farm, and animal and poultry husbandry, and the necessary accessory uses for packing. treating, or 2

15 storing of the produce; provided, however, that the operation of such accessory uses shall be secondary to that of normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine. AIRPORT: The Albia Municipal Airport. AIRPORT ELEVATION: The highest point of an airport's usable landing area measured in feet above mean sea level, which elevation is established to be 963 feet. AIRPORT HAZARD: Any structure or tree or use of land which would exceed the Federal obstruction standards as contained in fourteen Code of Federal Regulations Sections seventy-seven point twenty-one (77.21), seventy-seven point twenty-three (77.23) and seventy-seven point twenty-five (77.25) as revised March 4, 1972, and which obstruct the airspace required for the flight of aircraft and landing or takeoff at an airport or is otherwise hazardous to such landing or taking off of aircraft. AIRPORT PRIMARY SURFACE: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface;'the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. AIRSPACE HEIGHT: For the purpose determining the height limits in all zones set forth in this Ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified. ALLEY OR LANE: A public or private way affording generally secondary means of access to abutting property and not intended for.general traffic circulation. APARTMENT 1PUSE: See Dwelling, Multiple. BASEMENT: A story having part, but not more than one -half (1/2), of its height below grade. A basement is counted as a story for the purpose of height regulations, BILLBOARD: "Billboard" as used in this Ordinance, shall include all. structures regardless of the material used in the construction of the same, that are erected, maintained or used for public display of posters, painted 3

16 a cm.rf - I - 1 4ar "4!, kr - signs, wail signs, whether the structure be placed on the wall or painted on the wall itself, pictures or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboards are located. BOARDING OR LODGING HOUSE: A building other Um a hotel or motel, ' occupied as a single housekeeping unit, where lodging or meals are provided for three (3) or more, but not exceeding eight (B), persons for compensation, but not for public or transient use, BUILDING: Any structure having a roof supported by walls or by colums designed or intended - for enclosure, shelter or housing of persons, animals or chattels. When any portion thereof is separated by party walls without windows, doors, or other opening, each portion so separated shall be deemed a separate building, except residence dwellings. BUILDING, HEIGHT OF: The vertical distance from the average natural grade to the highest point of coping of a flat roof, or to the deck line of a mansard roof, or to the height of the highest gable of a pitch or hip roof. BUILDING OFFICIAL: The agent'so designated by the Board of Supervisors. * - J J V. - - BULK STATION: Distributing stations co:ow:lay known as bulk or tank stations used for the storage and distribution of flaonable liquids or liquified petroleum products where the aggregate capacity of all storage tanks is more than twelve thousand (12,00U) gallons. CARPORT: A roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. For the purpose of this Ordinance, a carport attached to a principal building shall be considered part of the principal building and subject to all yard require ilnts herein. CELLAR: That portion of a building' having more than one-half (1/2) of its height below grade..a cellar is not included in computing the number of stories for the purpose of height ifibasutemera,. COMERCIAL FEEDLOT/COUFINEHENT. OFERATION: The feeding, farrowing mi raising of feeder and dairy cattle, swine, sheep, and poultry in a confined area where grazing is not possible, and where at least half of the livestock and poultry feed is not grown on the premises. To be defined as "counercial," such operation MASI; be owned or controlled by a partnership or corporation not living on the site. This definition is not tw.ent to include family farms which have' incorporated for business purposes. 4

17 COMMON SEWER SYSTEM:. A central sewer collectin.g system available to each platted lot and discharging into a treatment plant, the. construction and location of which is approved by the appropriate County and/or State agency. COMMON WATER SYSTEM: A central water supply system available to each platted lot for one single source approved by the appropriate County and/or Slate agency. CONTROL ZONE: Airspace extending upward from the surface of the earth which may include one or mpre airports and is normally a circular area of 5 statute miles in radius, with extensions where necessary to include instrument approach and departure paths. DEVELOPMENT: Any man-made change to alter the existing land use of a parcel of land including, but not limited to: buildings, 'structures, mining, dredging, filling, grading, paving, excavating, or drilling operations. DISTRICT: An area or areas for which the district regulations governing the use of buildings, and land or lot area and height of buildings are, uniform. DWELLING: Any building or portion thereof which is designed or used exclusively for residential purposes but not including a tent, cabin, travel trailer. DWELLING, SINGLE-E AM1LY: A detached residence designed for or occupied by one family only. -- LHELLING,-TWO-EAMILYI A residence designed for, or occupied by two (2) families only, with separate housekeeping and cooking facilities for each. DWELLING, MULTIPLE: A residence designed for or occupied by three (3) or more families, with separate housekeeping and cooking facilities for each. DWELLING, CONDOMINIUM: A multiple dwelling as defined herein whereby the fee title to each,dwelling unit is held independently of the others; regulated by Chapter 499B, Code of Iowa, - (1989;as ;amended). DWELLING, ROW: Any one of three or more attached dwellings in a continuous row,-each such dwelling designed and erected as a unit on a separate lot and separated from one another by an approved wail or wails. Also referred to as a "townhouse." 5

18 DWELLING, UNIT: A room or group of rooms which are arranged, designed or used as living quarters for.the occupancy of one family containing bathroom and/or kitchen facilities. EASEHENT: A grant by a property owner for the use of a strip of land by the public or any person for any specific purpose or purposes. FAMILY: One or more persons occupying a single dwelling unit. such family shall contain over four (4) persons unless a majority of the members axe related by blood, marriage or adoption (including foster children). FAMILY HOME: A community-based residential home which is licensed as a residential care facility under chapter 135C or as a child foster care facility under chapter 237 to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight developmentally disabled persons and any necessary support personnel. However, family home does not mean an individual foster family home licensed under chapter 237. FARM: An area comprising at least one (1) acre of land which is used for agricultural purposes and the growing and production of all agricultural products thereon, and their storage on the area, or for the raising thereon of poultry or livestock. FARMSTEAD: The farm house, associated farm buildings, and adjacent service areas of a farm. FEEDLOT:.A lot, yard, corral, or other area in which livestock are confined, primarily for the purposes of feeding and growth prior to slaughter or the sale of products derived from such animals. The term does not include areas which are used for the raising of crops or other vegetation, and upon which livestock are allowed tr. graze or feed:, FLOOD: A general and,temporary condition of partial or complete inundation of.normally dry land areas resulting from the overflow of streams or rivers or from the unusual 'and rapid runoff of surface waters from any source..... FLOOD PLAIN: Any land area susceptible to being inundated by water as a result of a flood. FLOOR AREA RATIO:. The gross floor area of all buildings on a lot divided by the lot area on which the building or buildings are located. FRONTAGE: ' All'the property abutting upon one side of a street measured aloe the right-of-way line. 6

19 GARAGE, PRIVATE: An enclosed.structure intended for the packing of the private motor vehicles of the families resident upon the premises. GARAGE, PUBLIC: Any building or premises except those used as private or storage garages, used for equipping, refueling, servicing, repairing, hiring, selling, or storing motor-driven vehicles possessing current registration APAGETORACIEi - Any building or premises used for housing only of mtor -driven vehicles pursuant to previous arrangements and not to transients, and at which automobile fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired, or sold. All vehicles so housed to possess current registration. GASOLINE FILLING STATION: Any building or premises used for the retail sale of liquified petroleum products for the propulsion of motor vehicles and may include such products as kerosene, fuel oil, packaged naphtha, lubricants. tires, batteries, antifreeze, motor vehicles accessories, and other items customarily associated with the sale of such products; for the rendering of services and making of adjustments and replacements to motor vehicles, and the washing, waxing and polishing of motor vehicles, as incidental to other services rendered; the making of repairs to motor vehicles except those of a major. type. Repairs of a major type are defined to be spray painting, body, fender, or complete recapping or retreading of tires. GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of the building. HOME OCCUPATION: A secondary it carried on entirely within the residence where there is no evidepce of such occupation being conducted on the premises by virtue of displays, excessive noise, odors, or electrical disturbances. The business shall be such that customer parking is provided inconspicuously on the premises. Only one (1) sign is permitted under the following requirements: a. Not larger than five (5) square feet; and b. Placed flat against any one side of residence; or c. Posted within two (2) feet and parallel with residence or; d. If residence is located behind the building line, the sign must be located no closer than fifty (50) feet to the road right-of--way and must be parallel with the residence; and e. Is not illuminated. No more than one (1) non-resident assistant shall be employed and not more than one-half (1/2) the total floor area shall be devoted to such use. 7

20 . HOME INDUSTRY:. A secondary use of a light industrial nature carried on entirely within the residence or. accessory building as a secondary occupation which complies with restrictions of "Home Occupation." HOTEL: A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or lodging house. INSTRUHENT RUNWAY: A runway having an existing instruu -,.nt approach procedure utilizing air navigation facilities or area type navigation equipment, for which an instrument approach procedure has been approved or planned. JUNK OR SALVAGE: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, appliances, furniture, equipment, ' building demolition materials or structural steel materials. This definition shall also include Junked, dismantled, or wrecked motor vehicles, or Parts of motor vehicles, and iron, steel or other old or scrap ferrous or nonferrous material. JUNK OR SALVAGE YARD: Any area where Junk or salvage is bought, sold, exchanged, baled or packed, disassembled, kept, stared or handled. This -- definition shall also include auto or other vehicle or machinery wrecking or dismantling activities: This definition shall not include the...processing,of.used,_discarded or salvaged materials as part of a manufacturing operation located on the same property, and contractors' storage yards. The presence on any lot, parcel or tract of land of three (3) or more wrecked, scrapped, ruined, dismantled or inoperative motor vehicles, including implements of husbandry not a part of a farming operation, shill constitute prima facie evidence of a junkor salvage yard, This shall not include motor vehicles licensed for the current year as provided by law; and/or up to five (5) motor vehicles legally placed in storage; and/or mere than five (5) legally stored vehicles if kept within a completely enclosed building or totally screened from view. KENNEL: ' Any lot or premises used for the sale, boarding, or 'breeding of dogs, cats, or other household pets. Kennel shall also mean the keeping of five (5) or more dogs, cats, or other household pets of the maximal group over the age of six (6) months.' LIVESTOCK: Cattle, horses, sheep, swine and poultry. Any other animal or fowl which are being produced primarily for use as food or food products for human consumption. LOT: For the. purposes of this Ordinance. a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, 8

21 coverage and area and to provide such yards and other open space as are herein required1 such lot shall have frontage on a public road or street and may consist of: (a) a single lot of record; (b) a portion of a lot of record; (c) a combination of complete lots of record; and (d) a parcel of land described by mates and bounds; provided that in no case of division or combination shall any residual lot or ~parcel be created which does not meet the requirements of this Ordinance. LOT AREA: Total horizontal area within lot lines. LOT, CORNER: Lots conforming to the following specified conditions shall be considered as corner lots for the purpose of this Ordinance: (a) A lot fronting on two (2) intersecting streets which form an interior.angle of one hundred thirty-five (135) degrees, or less, and which lot has a frontage of not less than twenty-five (25) feet on such streets. (b) A lot located at the angle in a street where the interior angle formed by the intersection of the street lines is one hundred thirty-five (135) degrees, or less, and which lot has a frontage of not less than twenty-five (25) feet on each leg of such angle. LOT, DEPTH OF: The mean horizontal distance between the front and rear lot lines. LIUP, INTERIOR: A lot other than a corner lot. LOT.L1NE: Property line bounding a lot, exclusive of public easements for street or road purposes. LOT LINE, FRONT: The line separating the lot from the street on which it fronts. LOT LINE, REAR: The lot line opposite and most distant from the front lot line. Wi' LINE, SIDE: Any lot line other than a front or rear lot line. LOT L THRQUGH: A lot having frontage on two (2)-non-intersecting streets, as distinguished from a corner lot. LOT, WIDTH: The mean horizontal distance between the side lot lines. 9

22 ------LOT OR.RECORDLALlot which is part of a subdivision recorded in the :office of the County Recorder of Monroe County, or a lot or parcel de'soribed -by -MOtes'and'bounds, the description or which has been so recorded. LOW QUALITY AGRICULTURAL LAND:. All land in Capability Class_IV-VIIltrid those soils not identified - as primesin the soil conservation service technical guide entitled "Iowa Soil Map Units That Qualify as Prime Farm Land," April 1964 and which boundaries are identified in the Monroe County Soil Survey issued September MANUFACTURED HOME: A factory-built structure, which is cuanufactured or constructed under the authority of 42 United States Code Sec and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home, except as hereinafter provided. MINIMUM DESCENT ALTITUDE: The lowest altitude, expressed in feet above mean sea level, to which descent is authoried on final approach to during circle-to-land maneuvering in execution of a standard instrument approach procedure, where no electronic glide slope is provided. MINIMUM ENROUTE ALTITUDE: The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes. MINIMUM OBSTRUCTION CLEARANCE ALTITUDE: The specified altitude in effect between radio fixes on VOR airways, off-airway routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage only within 22 miles of a VOR. MINING: The extraction of sand, gravel, rock, soil. coal, or other material from the land in the amount of 1,000 cubic yards or more and the removing thereof from the site including coal processing. The only exclusion from this definition shall be removal of materials associated with the construction of a building, MOBILE HOME: Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance Upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicles to be used as a place for human habitation by one. or more persons: but shall. also include any such vehicle with votive power not registered as a motor vehicle in Iowa, A mobile house is not a manufactured 10

23 home unless it'has been legally converted, prior to July 1, ,.to real property and taxed as a site built dwelling as provided in Section 135D.26, Code of Iowa. MOBILE HOME PARK: Any site, lot, or tract of land upon which two (2) or more occupied mobile homes are harbored, either free of charge, or for revenue purposes, and as regulated by Chapter 135D, Iowa Code. MOTEL OR TOURIST HOME: A permanent building, or group of buildings, designed or arranged primarily for temporary occupancy as a dwelling for transient guests and arranged to provide space for parking vehicles used by the traveling public. Such building, or group of buildings, may include quarters for the use of operating personnel. NON-CONFORMING USE: Any lawful use, whether of a building or other structure or a tract of land, which does not conform to the applicable use regulations for the district in which it is located, either at the effective date of this Ordinance or as a result of a subsequent amendment thereto. NURSING HOME! A home for aged, chronically ill or incurable persons in which three (3) or more persons not of the imundiate family are received, kept and provided with food, or shelter and care for compensation. OVERLAY DISTRICT: A district which acts in conjunction with the underlying zoning district or districts. Development within the overlay district must conform to the requirements of both zones or the more restrictive of the two (2) PARKING LOT:--A - parcel of land - devoted to unenclosed parking space. PARKING SPACE: An area of not less than two hundred (200) square feet plus necessary maneuvering space for the parking of a motor vehicle. PERMANENT FOUNDATION: A structural component of masonry, steel or wood, or a combination thereof, that extends, and is placed on footings situated below the frost line and to which a structure is attached and supported. Wood, when used as or a part of, the foundation structure and placed below grade shall be so treated as to resist deterioration or decay. This permanent foundation shall be in the form of a solid wall located under the exterior walls of the supported structure or in the form of pilings of sufficient number and so spaced as to support and secure the structure. In all installations, the dwelling shall be attached to the permanent foundation in such a manner as to prevent lateral movement, settling or heaving. All buildings, identified by the terms of this Ordinance as doellings, shall be placed on a permanent foundation. ' 11

24 PORCH UNENCLOSED: A roofed projection which'has not more than fifty (50) percent of each outside wall area enclosed by a building or siding material other than meshed screens. PRIME FARMLANDS: All land in capability Class I, most of Class II, and Class IIIw that has an adequate water management system, and as identified in the soil conservation service technical guide entitled "Iowa Soil Map Units That Qualify as Prime Farm Land," April 1984 and which boundaries are identified in the Monroe County soil survey issued September 1964, PRINCIPAL USE OR STRUCTURE: The predominant use of land or structures as distinguished from an accessory use. RIGHT-OF-WAY: The land area the right to possession of which is secured or reserved by the contracting authority for road purposes. RUNWAY:. A defined area on an airport prepared for -landing and takeoff of aircraft along its length. SANITARY LANDFILL: Land utilized for disposing of solid wastes in accordance with the rules and regulations of the Department of Environmental Quality. SIGN: Any word(s), lettering, figures, emblems, pictures, trade names, or trade marks used by an individual, firm, or association, a corporation, a profession, a business, a service, a comuunity, a church, or school and visible from any public street or right-of-way and designed to attract attention for commercial or non-profit purposes. This is not to be construed to include directional signs erected or required by governmental bodies, legal notices, signs bearing only property numbers or names of occupants of premises. SPECIFIED SEXUAL ACTIVITIES: As used in this Ordinance, defined as: (a) human genitals in a state of sexual stimulation or arousal; (b) acts of human masturbation, sexual intercourse or sodomy; (c) fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts. SPECIFIED ANATOMICAL AREAS: As used in this Ordinance, defined as: (a) less than completely and opaquely covered (1.) human genitals, pubic region; (2.) buttocks; and (3.) female breasts below a point immediately above the top of the areola; and (b) human male genitals in a discernible turgid state, even if completely and opaquely covered. STAPLE, PRIVATE: A building or structure used or intended to be used for housing horses belonging to the owner of the property only for noncommercial purposes. 12

25 STABLE, PUBLIC AND RIDING ACADEMY: A building or structure used or intended to be used for the housing only of horses on a fee basis. Riding instruction may be given in connection with a public stable or riding academy. STORY: That portion of a building, other than a basement or cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, the space between the floor and the ceiling next above it. STORY, HALF: A space under a sloping roof which has a line of intersection of roof decking and wall_face not more than four (4) feet above the top floor level. STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street. STREET, ROAD, DRIVE, OR ENTRANCE (PRIVATE): All property intended for use by vehicular traffic; but not dedicated to the public nor controlled and maintained by a political subdivision. STREET, ROAD, DRIVE OR ENTRANCE (PUBLIC): All property intended for use by vehicular traffic which has been dedicated to the public or deeded to a political subdivision. STRUCTURAL ALTERATIONS: Any replacement or changes in the tyre of construction or in the supporting members of a'building, such as bearing walls or partitions, columns, beams or girders, beyond ordinary repairs or maintenance. STRUCTURE: Anything constructed or erected on the ground or attached, to the ground, or which requires attachment to something having a permanent location on the ground, including, but not limited to buildings, factories, sheds, cabins, factory-built homes, storage tanks, and other similar uses. SUBDIVISION: The dividing of any parcel'of land into three (3) or more parcels. SUBSTANTIAL IMPROVEMENT: Any improvement to a structure which satisfies either of the following criteria: 1. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the struclure either (i) before the improvement or, repair is started, or (ii) - if the structure has been damaged. and is being restored, before the damage occurred. For the puti.uses of this definition, "substantial improvement" is considered to occur when the first alteration affects the external dimensions of the structure. The 13

26 term does not, however, include any project for improvement of a. structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe conditions for the existing use. 2. Any addition which increases the original floor area of a building by 25 percent or more. TRAVEL TRAILER: A recreational vehicle, with or without motive power; designed as a temporaiy dwelling, not exceeding eight (8) feet in width and thirty-two (32) feet in length, exclusive of separate towing unit. Such vehicles are customarily and ordinarily used for travel or recreational purposes and not used for permanent habitation. TRAVEL TRAILER PARK (CAMP): An area licensed and used or offered for use in whole or in part, with or without charge, for the parking of occupied travel trailers, -pickup canters, converted buses, motor hones, tent trailers, tents, or similar devices used for teucorary, portable housing. Unoccupied mobile homes, travel trailers, and sludiar devices may be stored in the Park, but only in an area marked for storage. No repair, maintenance, sales, or servicing, or such devices are allowed in the Park. USE: The purpose or activity for which the land or building thereon is designated, arranged ur intended, or for which it is occupied, utilized or maintained. USE, ACCESSORY: A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. USE; CONDITIONAL: A use classified as conditional may be appropriate or desirable in a specified zone, but requires special approval because if not carefully located or designed, it may create special problems such as excessive height, bulk or abnormal traffic congestion. USE, NON-COWORMINd: Use of land, buildings or structures legally existing at the effective date of this Ordinance which does not comply with all regulations of this Ordinance or any...mends ents hereto governing the zoning district in which such use is located. PERMITTED: A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district. USE, PRINCIPAL: The main use of land or buildings as distino.iished from subordinate, or accessory uses. A "principal i.i.s1-3" may b either permitted or conditional

27 VARIANCE: A modification or variation of the provisions of this Ordinance where it is determined that by reason of special and unusual circumstances relating to a specific log, that strict application of the Ordinance would cause an undue or unnecessary hardship, or that strict conformity with the previsions of this Ordinance would be unreasonable, impractical or unfeasible under the circumstances. VISUAL RUNWAY: A runway intended solely for the operation, of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, or by any planning document submitted to the [?AA by competent authprity. YARD: An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise, provided in this Ordinance. YARD, FRONT: A yard across the full width of the lot extending from the front line of the principal building to the front line of the lot. YARD, REAR: A yard extending the full width of the lot between the principal building and the rear lot line. YARD, SIDE: A yard between the principals building- the side line of the lot, and extending from the front yard line to the rear yard line. ZONING AMENDMENT: A change authorized by the governing body of a change in zoning district classification or the boundaries of a zoning district. ZONING PERMIT: A lawful permit issued by the Zoning Administrator of Monroe County, Iowa, for the erection, reconstruction or alteration of a Wilding or structure or the use of land. Subd. 1. UlabliahmentDf_Di5kricta. In order to carry out the purpose and intent of this Ordinance, the unincorporated area of Monroe County, Iowa, is hereby divided into the following zoning district classifications: A-1 'Prime Farmland Agricultural District A-2 Agricultural District R-1 Single Family Residential District R-2 Single Family Residential. District RMH Residential Mobile Home District 15

28 C-1 Commercial District C-2 Highway Service Commercial District I-1 Light Industrial District 1-2 Heavy Industrial District.. Airport (Overlay) District Subd. 2. Timnilarle,5_md_QMcial_Nap. With the exception of the airport overlay district, the boundaries of these districts are indicated upon the Official Zoning Map of Monroe County, Iowa, which map is made a part of this Ordinance by reference hereto. The Official Zoning Map and all the notations, references, and other matters shown thereon shall be as much a part of this Ordinance as if the notations, references and other natters set forth by said map were all fully described herein. The Official Zoning Map shall be on file in the office of the Monroe County Planning and Zoning Administrator and shall bear the signature of the Chairperson of the Board of Supervisors attested by the County Auditor, under the certification that this is the Official Zoning Map of the Zoning Ordinance. If, in accordance with the provisions of this Ordinance, changes are made in the district boundaries or other patters portrayed on the Official Zoning Hap, the resolution number and date of said change shall be recorded --by the- County Auditor on the Official Zoning Hap. '[he Board of Supervisors may from time to time adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map, in the event that the Official Zoning Map becomes damaged or destroyed; or for purposes of clarity due to a number of boundary changes, or to correct - drafting errors or omissions; provided, however, that any such adoption shall not have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof. Where uncertainty exists as to the boundaries of districts as shown on. the Official Zoning Map, the following rules shall apply: (a) Boundaries, indicated as approximately following the center lines of streets, highways, alleys, or other public rights-of-way shall be construed to follow such center lines. (b) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. (c) Foundaries indicated as approximately following section lines, quarter lines, -quarter section lines, or quarter- quarter section lines shall be construed as following slanh lines.

29 (d) Boundaries indicated as approximately following corporate limits shall be construed as following corporate limits. (e) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. (f) Boundaries indicated as approximately following the center lines of rivers,: streams, creeks, or other waterways shall be construed to follow such center lines (g) Boundaries not capable of being determined in the previous paragraphs shall be as dimensioned on the Official Zoning Map or if not dimensioned shall be determined by the scale shown on the map. Alrart.. OverlamHap: The boundaries of the airport overlay district shall be the same as shown on the Albia Municipal Airport Height Zoning Map. This map is hereby adopted by reference as the Official Airport Overlay Map. This map shall have the same force and effect as if it were fully set forth and described herein. The map is available for review in the office of the Monroe County Zoning Administrator. Subd 3. (lanar.allatigu5 uctclagaisigna. Airrne,_Airc,-rat_t_ILLI-,arfer_ence. Notwithstanding any other provisions of this Ordinance; no use may be made of land or water within Monroe County in such a manner as to interfere with the operation of any airborne aircraft. The following special requirements shall apply to all zoning districts: A. All lights or illumination used in conjunction with street, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the Albia Municipal Airport or in the vicinity thereof. B. No operations from any use shall produce smoke, glare or other visual hazards within three (3) statute miles of any usable runway of the Albia Municipal Airport. C. No operations from any use in Monroe County shall produce electronic interference with navigation signals or radio communications between the airport and aircraft. Blildingasuihrplagh_Lot. Through lots extending from street to street shall provide the required front yard on both streets. 17

30 Contomance Required. Except as may be hereinafter specified, no land, building, structure, or premises shall hereafter be used and no building, or part thereof, or other structure shall be located, erected, reconstructed, extended, enlarged, or altered, except in conformity with the provisions of this Ordinance. Gar,o1. The front yard regulation shall apply to each street side of corner lots. cbnatrurtimin_elood_haaardaxe_m. No person, firm or corporation shall initiate any development or cause the same to occur in any flood hazard area without first obtaining the necessary permits as required by any Federal, State or local agency. Any permitted construction shall be in conformance with all Federal and State regulations concerning development in flood hazard areas. Dialua2m2ratiQn. All territory which may hereafter become part of the unincorporated area of Monroe County, Iowa, which is regulated by'this Ordinance, by the disincorporation of any city, or any part thereof, shall automatically be classed and lying and being in the A-1,Agricultural District until such classification shall have been changed by amendment of this Ordinance as provided by law. Fences and:rails. In any R-1, R-2, and Bbl District, on any lot used for residential purposes, fences and walls not exceeding eight (S) feet in height are permitted within the limits of the side and rear yards. A fence or wall not exceeding four and one-half (4 1/2) feet in height is permitted within the limits of the front yard. In the case of retaining' walls or.supporting embankments, the above requirements shall apply only to that part of the wall above ground surface of the retained embanliment. In all other districts, fences and walls are permitted not exceeding eight (8) feet in height within the limits of the yard. In all cases, fences shall be constructed with the best side facing the neiahboring land user. _Ya rd. ileaw Ewen la The set pack of the building for front, rear, and side yards shall in all cases be measured at a right angle from the. lot line to the nearest point of the adjacent building wall of the building. Qn_e Edix;km1.,futiding tryalio,. Every building hereafter erected or structurally altered shall be located on a lot, as defined herein, and in no case shall there'be more than one (1) principal building on.a residential lot, unless otherwise specified in the Ordinance. mit,7, PreyAgwayastakaa. Nothing herein contained shall require any change in the overall layout, plans, construction, size, or designated use of any building, or part thereof. for which approvals and/or required'

31 permits have been granted before the enactment of this Ordinance; the construction of which in conformance with such plans shall have been started prior to the effective date of this Ordinance and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder's control. PequirafLiard_c_aurn-Lac Reduced. No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum required by this Ordinance. No part of a yard or other open space, or off-street parking or loading space provided about any structure, or use for the purpose of complying with the provisions of this Ordinance shall be included as part of a yard, open space, or off-street parking or loading space required under this Ordinance for another building, structure, or use. Seyage_Dispsal. Sewage disposal systeuo shall be approved by the Monroe County Board of Health and shall be in conformance with all applicable regulations adopted by Monroe County and the State of Iowa. R.I.:aPt_FrQutag_PagU.ae,d: Except as permitted in Section 6 of this Ordinance, no lot shell contain any building used in whole or in part for residence purposes unless such lot abuts for at least forty (40) feet on at least one public street, or unless it has an exclusive unobstructed private easement of access or right-of-way at least twenty (20) feet wide to a street; and there shall be not more than one (1) single-family dwelling for such frontage or easement, except that a common easement of access at least fifty (50) feet wide may be provided for two (2) or mere such single-family dwellings or ;or, one (1) or mere two-family or multiple dwellings, Subdivifj.m_Req±arefj. Every owner of any lot or tract of land. on the effective date of-this Ordinance who shall thereafter subdivide the same into three (3) or more parts, shall have the plat of such subdivision approved by the Board of Supervisors and County Engineer as provided in the Monroe County Subdivision Regulations and recorded in the office of the County Recorder before a zoning permit for any of the lots in such subdivision may be issued by.the Zoning Administrator. ILUVIDCleamaia. In all districts, no'fence, hedge, wall, sign, or other obstruction shall be permitted which obstructs the view of approaching vehicles three and one-half (3 1/2) feet above the traveled portion of a roadway within the area of a triangle formed by the center of the intersection and pbints one hundred fifty (150) feet from the center of the intersection when measured along the centerlines of the intersecting roads. 19

32 Subd. 4. AalErima_Eamiand_AgLiculluri Intent: The A-1 Agricultural District is intended and designed to serve the agricultural community and protect. prime agricultural land from encroachment of urban land uses. This district is not intended to be used for non-farm residential developments, governmental facilities, or commercial businesses. A. Principal Permitted Uses: 1. lj'arms and farm house and the usual agricultural buildings or structures. 2. Specialized farms where the breeding and/or raising of other than corriron farm animals, such as; mink, chinchilla, rabbit and wild game animals is conducted. 3. Specialized horticultural operations, including; truck gardens, orchard and wholesale nurseries. 4. Forest and wildlife preserves. 5. Sod farms. 6. Single family home on platted lots in existing subdivisions and Auditor's plats, as of the adoption date of this Ordinailce, or on existing parcels of less than fifteen (15) acres. 7. PUblic parks, B. Conditional Uses. 1, Livestock. and poultry feedlots and confinewmt facijities, provided, however, that all feedlot and confinew:int, facilities meet all the wastewater treatment requirements of the Iowa Departaxent of Natural Besou ce.s and be approved by the, County Poard of Supervisors after recomitendation of the County Zoning Corionission, and obtain the necessary permits where app] icable; and further provided that no counnercial feedlot or confinement facility shall 1:, located closer than one (1) mile to any residential district boundary or to the corporate limits of any city or town. Commercial.microwave, radio and television towers. 20

33 3. Any public building or structure or facility erected and used by any department of the township, county, city or state aovernoant, including but not limited to public aircraft landing fields and facilities and sewage treatment facilities. 4. Church or other place of worship, including parish house and Sunday School building. 5. Cemeteries, including mausoleums and crematoriums, provided that any mausoleum or crematory shall be distant at least two hundred (200) feet from arty adjacent property and street and highway lines. 6. Temporary facilities for music events, sports events, commercial exhibitions and carnivals. 7. Stables (private) providing that any such structure build to accommddate horses must be located in the rear yard (if there is also a residence) and at least fifty (50)feet from all property lines. 8. Wining (see Section 11, Subd. 3 for additional requirements). C. Permitted Accessory Uses. 1. Uses of land or structures customarily incidental and subordinate to one of the permitted uses, unless otherwise excluded. 2. Home occupations. 3. Temporary buildings for use incidental to constriction work, which buildings shall be removed upon completion or abandorioant of-the construction work. 4. Roadside stands for the display or sale of agricultural products raised on the premises, provided such stands shall not exceed four hundred (400) square feet of floor area. 5. Church bulletin boards. 21

34 D. Performance Standards. 1. Minimum lot,area, lot frontage and yardrequirements. Lot Lot Area Front Side Rear Dwelling (farm) 1 acre 1 acre no requirement Dwelling (single family) 1 acre 150' 1 acre 50' 25' 40' Accessory Buildings 50' 25' 5' 2. Height Regulation: any building hereafter erected or structurally altered may ba erected to any height not in - conflict with other ellisting or future ordinances of Monroe County, Iowa. 3. Items number 4 and 5 under Accessory Uses are exempt from front.yard set backs. 4. Accessory buildings, if located in the rear yard, may be placed within five (5) filet of a side lot line. 5. Spaces for off-street parking and loading shall be as required in Section 7. Subd. 5. Az2JigriJTJA1WrAl_DI5Iric. t.,. Intent: The A-2 Agricultural District is intended and to provide for those activities which are strongly interrelated with agricultural uses and must therefore be located in agricultural areas. A. Principal Permitted Uses. 1. Any principal permitted use allowed in the A-1 Agricultural Preservation District. 2. Stables, private and public, and riding academies and clubs, and any other structures for housing animals or fowl. Any such structures must be located at least one hundred (100) feet from all bdundary lines of the property on which it is located. 3. Grain elevators with the usual accessory structures. 22

35 4. Any public building or structure or facility erected and used by any department of the township, county, city or state government, including but not, limited to public aircraft landing fields and facilities. 5. Lives bock feed and grain sales. 6. Animal hospitals and veterinary clinics. 7. Seed sales. B. Conditional Uses. 1. Anhydrous anrmonia storage and/or pumping facilities. 2. Fertilizer and agricultural chemical. 3. Corrwercial feedlots, provided that all of the waste water -treatment requiremmts of the Iowa Departmnt of Natural Resources are met and the necessary permits obtained; and further provided that no commercial feedlot, shall be located closer than one (1) mile to any residential district boundary, or to the corporate limits of any city or town. 4. Commercial microwave, radio and television towers. 5. Church or other place of worship, including parish house and Sunday School building. 6. Cemeteries, including mausoleums and crematoriums, provided that, any mausoleum or crematory shall be distant at least two hundred (200) feet from any adjacent property, street and highway lines. 7. Temporary facilities for music events, sports events, counnercial exhibitions and carnivals. 8. Temporary asphalt and concrete mixing plants. Private'non-corumercial landing fields. 10. Golf courses (except miniature golf courses or practice driving ranges operated for corrapercial purposes), private gun clubs, skeet shooting ranges, and similar uses. 11. Salvage yards (see Section 11, Subd. 3 for additional requiremnts.) 23

36 12. Mining (see Section 11, Subd. 3 for additional requirements.) C. Permitted Accessory Uses. 1. Accessory uses permitted in and as regulated by the A-1 district regulations. I.J. Performance Standards. 1. Minimum lot area, lot Frontage and yard regulations. [Jot hot Area Front Side Rear dot_ 2m. Mida EarjawilY_ Yard Yard Yatd Dwelling (farm) 1 acre 1 acre Single Family Welling 1 acre 150' 1 acre 50' 25' 40' Other Permitted Structures 1 acre 150' 50' 25' 40' Accessory Buildings bu' 25' 5' 2. Height Regulation: any building hereafter erected or sta.-uctrally altered may be erected to any height no in conflict with other existing or future ordinances of Monroe County, lowa. 3. Items number 4 and 5 wider Accessory Uses arra exempt from front. yard set backs. 4. Accessory 'buildings, if located in the rear yard, may be placed within five (5) feet of a side lot line. 5. Spaces for off-street parking and loading shall be as required in Section 7. Subd U. ILL.T.DglaislviLl4_1.1MIctslutlal_Ditilrigt. Itity4nt,: Tho Ingle.Fara1y Residential District, is intended rirrd designed to provide for the development of both low and lir:diurn density single--family subdivisions in the rural areas. This district is not inbanded to parmit'isolated rural dwellings. Any land rezoned to "R- 1" shall be located on adequately c.otistruc Led and paved county/state road*. 24

37 A. Principal Permitted Uses. 1, Single-Family D8 Lached Dwellings. Maximum average density shall not exceed eight (8) dwelling unith par acre. 2. Family hc)l(y.3 as defined by Chapter 358A.25, Code of lowa. (1.989.asamended) 3. Churches or other places of worship and Sunday School buildings. 4. Public and private non-r.s,omm?.rci:,-.11 parks, playgrounds, recreation areas and fac.ilitles. B. Conditional Uses, 1. Two-famil dwelling units. 2. Schools, public and private educational institutions. 3. Public water supply and sewage treatiry?.nt 4. Home occupations. C. Permitted Accessory Uses. 1. Uses of land or structures customarily incidental and subordinate to one of the principal permitted uses, unless oherwissa excluded. 2. Church bulletin boards. 3. Temporary buildings for uses incidental to construction WOrk, which buildings will be remove.d upon completion or abandonment of the construction work. D. Performance Stztndard. 1. tartiltilln lot area, lot frontage and yard requirements. LeaLA02a_.11 Lot 114th. Front VArsi Side Yarci_ Rear Yard Single-family 5,000 50' 25' 8' 35' Two-family 8,000 75' 25' 8' 35' Accessory Buildings 6' 6'

38 2. Height Regulation: no principal building shall exceed two (2) stories or thirty-five (35) feet in height. o acc,,tssory building shall exceed fifteen (15) feet or one (1) story in height. 3. Accessory buildings must be located in the rear yard. 4. Spaces for off-street parking and loading shall be as required in Section 7. Subd. 7. E=.2 Single Intent: The R-2 Single Family Residential District is intended and designed to provide for the development of low density single-family subdivisions in the rural areas. This district is not intended to permit isolated rural dwellings. Any land rezoned to "i-2" shall be located on adequately constructed and paved county/state roads. _ilae A. Principal Permitted Use. 1. Any principal permitted use allowed in the R-1 district. B. Conditional Uses. 1. Any conditional use permitted in the R-1 district. C. Permitted Accessory Uses. 1. Accessory uses permitted in the R-1 district. D. Performance Standards. 1. Minimum lot area, lot frontage and yard requirements. JAA-Jliv.a_lag,._ft,) Got RIAU), Front Side Pear Yazi- Xani Xard Single Family 8,000 80' 25' 15' 35' Two Family 10,000 90' 25' 15' 35' Acces.sory Building:5 5' 5' 2. Height Regulations: single-family dwe,llings, two-family dwellings, and accessory buildings shall be regulated as described In the R-1 district.

39 3. No principal building shall be less. than 20' in width. 4. All dwellings shall be constructed on a permanent foundation. 5, Accessory buildings must be located in the rear yard. 6, Spaces for off-street parking and loading shall be as required in Section 7. SUbi. 3. Eni=Anidential Motale_liemat. Intent: The PHH - Residential Mobile Home District is intended and designed to provide for planned mobile home residential developments, including related recreational, comereial, and other service facilities. A. Principal Permitted Uses. 1. Mobile home parks but not including mobile homes sales and display areas. No part of any park shall be used for non-residential purposes except such uses as are required for the, direct servicing and well-being of park residents and for the management and maintenance of the park. This shall in no way prohibit the sale by the owner of a mobile home located on a home stand and connected to the pertinent utilities. 2.,Public and private non-commercial parks, playgrounds, recreation areas and facilities. B. Conditional Uses. 1. Public water supply and sewage treatment facilities. 2. home occupations. C. Permitted Accessory Uses. 1. Subordinate buildings or structures which are in addition to or supplement the facilities provided by a mobile home, such as awnings, cabanas, storage structures, carports, and porches. 2. Accessory uses may include cornon facility service buildings which provide laundry facilities, sanitary facilities, recreational facilities, or non-automotive commercial uses supplying essential goods or services primarily for the use of the mobile home park residents: also, park management buildings, maintenance buildings, commulity buildings, one dvelling unit to b occupied by the owner or administrator of the park, and other uses similar in nature. All such buildings be located within the central park area. 27

40 D, Performance Standards. 1. Minimum lot area, lot frontage and yard requirements. Front Side Pear lat Areri S aa,_111j_risit,h_lard Single Units 3,000 45' 10' 15' 15' Doublewide Units 4,500 55' 15' 15' 2, Height Regulation: no ar.)bile home or accessory building shall exceed fifteen (15) feet in height. 3. Accessory buildings shall not be located in the front yard. 4. Sp.aces for off-street loading and parking shall be as required in Section 7. E. Mobile Home Park Standards. + The following are the ininialm requirements for mobile home parks. 1, 2j A minimum of two hundred fifty (250) square feet for each lot shall be provided for one or mere recreational areas which shall be _easily accessible to all park residents. The required recreational area shall be computed in addition try the minimum lot area specified herein. Pec eation areas may Include space for ck.) rim 1 ty building and community use facilitifis, such as indoor recreation areas, swimming pools, hobby and repair shops, and similar uses. 2. fluattiaa, Sewer and water facilities shall be provided f or each mobile how park space in accordance with all applicable State statutes and regulations. No mobile home shall be occupied tulles it is served by common sanitary sewage and water supply. Any lagoons or other treatment facility constructed in conjunction with the development shall ba, located not less than seventy-five (75) feet from any public road, street, or lot line (in the case of a lagoon, this distance shall be measured from the outside toe of the levee slope). 3. tiqbnaliome...;;;land. A stand shall be provided on every mobile hordb lot to accommodate the mobile homo and its attache() accessory structures, The s Land shall provide an ade,qu.ette founda Lion and anchori ng facilities to secure the mobile 110Mie 28

41 against any accidental movement. The mobile-home stand shall react as a fixed support and shall as such remain intact without unsafe deformation and abnormal internal movement under the weight of the mobile home due to frost action. inadequate drainage, vibration, wind, or other forces acting on the structure. The mobile home stand shall be graded to obtain adequate surface drainage. The material used in constructing the stand should be durable and capable of supporting the expected load, regardless of the weather. 4. awnd_anqhqu. Ground anchors shall be installed at each mobile home stand prior to or when a mobile hone is located thereon to permit t.iedowns of mobile homes. Provisions for ground anchors shall be made in accordance with the current issue of the Iowa Administrative Code. 5. airing. Skirtings of a permanent type material and construction shall be installed within sixty (130) days of installation of the mobile home to enclose the open space between the bottom of the mobile home floor and the grade level of the mobile home stml. This skirting shall be maintained in an attractive manner consistent with the exterior of the mobile home and to preserve the appearance of the mobile home park. 6. atarqt*. a. 1. Entrance streets and all other collector streets with guest parking allowances: Thirty-four (34) feet. Collector streets with no parking: Twenty-four (24) feet. 3. Minor streets serving less than forty (40) lots with parking on one side: Twenty-four (24) feet, 4. Minor or cul-de-sac streets serving less than forty (40) lots with no parking: Eighteen (18) feet. 5. One -way minor streets serving less than twenty (20) lots with no parking: Fourteen.(14) feet. h. Ei mef.,imprmownta. Al]. streets shall be provided with a smooth, hard and dense surface which shall be durable and well drained under normal use and weather conditions. The surface shall be. maintained free of cracks and holes and its edges shall he protected by suitable means to prevent raveling and shifting of the base. 23

42 7. Gmatm_.;;Itorni_lis.fety.,.Eacil,ity. A common storm safety facility capable of providing adequate shelter from severe weather for all mobile home park residents shall be provided. 8. Lighting. Adequate lighting shall be provided for all streets. walkways, buildings, and other facilities subject to night- time use. 9. Fire_Prgteetien_Aceeiss. Access for fire protection services shall be such as to permit fire apparatus to approach within at least one hundred (100) feet of each mobile home. G. Gite_DeloEmentalan. Prior to the issuance of a permit for the construction of a 'Dahlia home park, a comprehensive site plan shall be submitted for review and approval of the J3oard of Supervisors. The Poard of Supervisors my approve said plan or require such changes thereto as are deemed necessary to carry out the spirit and intent of this Ordinance. The site plan shall be at a scale of not more than one hundred (100) feet to the inch, and shall show as a minimum the following: 1. RalIn and address of the owner and developer. 2. Location and legal description of the mobile home park. 3..The area and dimensions of the tract of land. 4. The number, location, and size of all mobile home lots, stands, and parking facilities. 5. The location and width of roadways and walkways. 6. The location of water and sewer lines. 7. Plans for and specifications of the water supply. 8. Plans and specifications of all buildings constructed or to be constructed within the mobile home park. 9. The location and details of lighting and electrical systems. 10. The location of recreation areas and facilities. 11. Approval of all applicable State agencies.;.ux1 departments. 12. Existing contours shown at intervals of not more than two (2) feet. 30

43 13. Screening and landscaping. 14. When the development is intended to be subdivided into individual lots, a description of the proposed restrictions, agreements, or other documents indicating the mariner in which any land intended for common or quasi-public use, but not proposed to be in public ownership, will be held, owned and maintained in perpetuity for the indicated purposes. Subd. 9. III Intent: The C-1 Commercial District is intended and designed to provide for the normal business and commercial uses required to serve the local needs of the unincorporated communities of the county. 'A. Principal Permitted Uses. 1. Retail businesses, service establishments or recreational uses such as the following: a. Antique shops. b. Art shops/galleries. c. Barber shop/parlor. d. Book, flower, and gift shops. e. Clinics (medical, dental and similar types). f. Clothing retail and service.. g,confectionery stores, dairy stores including ice cream or snack bars. h. Gas/service station. i. Grocery stores. J. Laundromat (coin operated). k. Offices, business and professional. 1., Restaurants. m. Taverns. n.' Theater. 31

44 B. Conditional Uses. 1. Public water supply and sewage treatment facilities. 2. Commercial microwave, radio and television towers. 3. Commercial campgrounds and travel trailer parks. 4. Any public building or structure or facility erected and used by any department of the township, county or city government, including but not limited to aircraft landing fields and facilities. 5. Any land or building used by a private utility service for the purpose of generating or converting power. G. Permitted Accessory Uses. 1. Uses of land or structures custamnrily incidwntn1 and subordinate to one of the principal permitted uses, unless otherwise excluded. D. Performance Standards. 1. Minimum lot area, lot frontage and yard requirements. Lot Lot ( Front Side Pear _A _Yatrd Pad. Any Permitted Use no minimum required 25' none required except adjoining any "R" district, in which case not less than 15' Accessory Use none required except adjoining any "R" district, in which case not less than 5' 2. Height Regulation: no principal building shall exceed three and one-half (3 1/2) stories In height or forty-five (45) feet, whichever is lower. No accessory building shall exceed one (1) story or fifteen (15) feet in height. ' 3. Accessory buildings must b located in the rear yard. 32

45 4. Spaces for off-street parking and loading shall be as required in Section 7. Subd Highwam_Qo Intent: The C-2 Highway Commercial Service District is intended and designed to accommodate auto-oriented carinercial establishments and agriculture commercial and service establishments. Any land rezoned to "0-2" shall be located on adequately constructed and paved county/state roads. A. Principal Permitted Uses. 1. Any principal permitted use allowed in the C-1 Commercial District. 2. Retail businesses, service establishments or recreational uses such as the following: a. Agricultural retail/service outlets. b. Animal hospital/veterinary clinics. c. Automobile, mobile home, motorcycle, snowmobile, boat and farm implement sales and/or service establishments. d. Bowling alleys. e. Car wash. f.' Commercial swimming pools, golf driving ranges, miniature golf courses and similar recreational uses and facilities. g. Lumber yards, carpenter/cabinet shops. h. Monument sales yards. i. Motels. j. Nurseries and green houses. h. Plumbing, heating, electrical contractor shops. 1: Blacksmith. m. Wholesale warehouse. 33

46 B. Conditional Uses. 1. Any conditional use described in the "C-1" district. 2. Adult bookstore, theater, massage establishment. 3. Commrcial microwave, radio and television towers. C. Permitted Accessory Uses. 1. Uses of land or structures customarily incidental and subordinate to one of the principal permitted uses, unless otherwise'excluded. D. Performance SLuxiards. 1. Minimum lot area, lot frontage and yard requirements.. Lot Lot Front Side Rear UB 0 ArQa Yard Any Permitted Use no minimum required 50' 35' Accessory Use 5' Height Regulation no principal building shall exceed three an&one-half (3 1/2) stories or forty-five (45). feet in height-- NQ accessory building shall exceed one and one-half (1 1/2). stories or twenty-five (25) feet in height. 3. Accessory buildings uust be located. in the rear yard. 4. Spaces for off-set parking and loading shall be as required in Section 7. Subd. 11. jj, Lbight_Ilidutr Intent: The I-1 Light Industrial District is intended and designed to accomuodate light rr>`nufactu ing and industrial activities that may suitably be located in ar6as of relatively close proximity to non-industrial development. This district is not intended for indnstries that generate excessive air pollution, odors, noise, vibration, etc. A. Principal Permitted Uses. 1. Bakeries, wholesale. 2. Welding, metal working shops. 34

47 3. Carting, express, hauling, truck terminal, and storage yard. 4. Contractor's equipment storage yard. 5. Creamery, bottle works, ice cream manufacturing (wholesale). 6. Enameling, lacquering, japanning. 7. Foundry, casting lightweight nonferrous metals or electric foundry not causing noxious fumes or odors. 8. Laboratories. 9. Manufacture and/or assembly of electric/gas appliances, Instruments, pottery, ceramic products, signs, light sheet metal products. 10. Machine shops. 11. Offices, businesses and professional 12. Sawmill, planing mill. 13. Printing, publishing houses. 14. Woodworking, sheet metal, plumbing, sign painting shops. 15. Wholesale storage warehousing. 16. Public water supply and sewage treatment facilities. 17. Any public building or structure or facility erected. and used by any department of the township, county or city government, including but not limited to aircraft landing fields and facilities. B. Conditional Uses. 1. Chemical processing and storage Mineral processing and storage. 3. Grain processing and storage. 4. Bulk storage of petroleum products. 5. Commercial microwave, radio and television towers. 35

48 6. Private aircraft lauding fields. 7. Salvage yards. C. Permitted Accessory Uses. 1. Uses of land or structures customarily incidental and subordinate to one of the principal permitted uses. D. Per forsnance Standard.. _ 1. Minimum lot area, lot frontage and yard requirements. Lot Lot Front Side Rear Oae Acaa ARIA Any Permitted Use no minimum 100' 50' 25' (a) 35`(a) requirement Accessory Use 5' 5' (a) When adjacent to any "R" district or existing residence, side and rear yards shall be not less than fifty (50) feet. 2. Height Regulation: no principal building shall exceed three and one-half (3 1/2) stories or forty--f -7e (45) feet in height. No accessory building shall exceed one and one-half (1 1/2) stories or twenty-five (25) feet in height.... '3. Spaces for off-street parking and loading shall be as required in Section. 7. SuIA. 12. I:.-2,..lieam_Ilideztri.c Atri_c.t,. Intent: The 1-2 Heavy Industrial District is intended and designed to accomodate uses of a heavy industrial nature. This district should be located only in sound industrial locations with direct access to highways, other needed transportation facilities and utilities. A. Principal Permitted Uses. 1. Any principal permitted use allowed in the "I-1" district. 2. Chemical processing and storage. :3. Mineral processing and storage. 36

49 4. Grain Processing and storage. 5. Bulk storage of petroleum products. 6. Anhydrous ammonia storage. 7. Cement, lime gypsum and other similar materials manufacture. 8. Concrete mixing, concrete products manufacture. 9. Fat rendering, fertilizer, or glue manufacture. 10. Offal or dead animal reduction. 11. Slaughter houses, meat packing and processing plants, and stockyards. B. Conditional Uses. 1. Commercial microwave, radio and television towers. 2. Private 'aircraft landing fields. 3. Salvage yards. 4: Solid waste disposal whethetby sanitary land-fill, resource recovery system, burning, incineration, autoclave, or any other sanitary disposal project. (See Section Subd.3) C. Permitted Accessory Uses. 1, Any use:of land.or structures customarily incidental and subordinate to the principal pert-lifted uses. D. Performance Standards..,. ' 1. Miniinumlot area,. lot frontage. and yard requirements. Use ' Lot, Lot Front' Side Rear Area Width Yard, Yard Yard Any Permitted Use no minimum 100' 100' 25'(a) 25' (a) requirement Accessory Use 4' (a) When adjacent to any "R".district boundary or an existing residence, a front, side and/or rear yard setback of three hundred (300) feet shall _ be required. 37

50 Height Regulation: no height limitation, provided, however. that no structure shall be permitted to extend into the approach zones, clear zones, or other restricted air space ' required for the protection of any public airport. 3. Spaces for off-street parking and loading shall be as required in Section Rawirnd QoalltiDuri. The proposed location, design, construction, and operation of the particular use shall adequately safeguard the health, safety, and general welfare of persons residing or working in adjoining or surrounding properties. The uses permitted in this District are subject to the limitation that the use is so operated that it does not emit an obnoxious or dangerous degree of heat, glare, radiation, smoke, gas, fumes, or dust beyond the Wundary line of the lot. upon which it is located; that all materials or waste which might, cause fumes or dust, which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects. shall be 'stored outdoors in closed containers; that 'a:rumble and explosive liquids stored above ground shall be enclosed in a walled area of sufficient volume to contain the entire contents of such tans in the event of leakageor fire. The bast practical means available for the disposal of refuse matter or water-carried wastes, the abatement of obnoxious or offensive odor, dust, suoke, gas, noise, or similar nuisances shall be employed. All facilities required for the discharge, collection and treaty mt of liquid, solid, or gaseous wastes shall be designed, constraeted, and operated in accordance with all applicable statutes and regulations of the State of Iowa. Subd. 13. Aii.:=1...Mar..i.V) Intent: The Airport (Overlay) District is intended and designed to place additional development restrictions upon the land encompassing the Albia Municipal Airport and that land lying under the airspace zones required for safe aircraft operations, which are defined as; horizontal zones, conical zones, approach zones and transitional zones, in order to eliminate airport hazards. A.-- AIRSPACE -ZONES AND AIRSPACE HEIM' LIMITATIONS. In order to carry out the provisions of this Section. there are hereby created and established certain airspace zones which are depicted on the Albia Municipal Airport Height Zoning Map. A structure located in more than one (1) zone of the following zones :38

51 is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: 1. Horizontal_Zonil - The land lying under a horizontal plane 150 feet above the established airport elevation, the perimater of which is constructed by: Swinging arcs of 5,000 feet, radii from the center of each end of the primary surface of runway(s) 13 and 31, and connecting the adjacent arcs by lines tangent to those arcs. (HOW: The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000 feet arc is encompassed by tangents connecting two adjacent 10,000 feet arcs, the 5,000 feet arc shall be disregarded on the construction of the perimeter of the horizontal surface.) Ho structure shall exceed 156 feet above the established airport elevation in the horizontal zone, as depicted on the Albia Municipal Airport Height Zoning Hap The land lying under a surface extending outward and upward from -the periphery :of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,001) feet. No. structure shall penetrate the conical surface in the conical zone, as depicted on the Albia Municipal Airport Height Zoning Map. 3. (ppmaclb_zme - The land lying under a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. MOTE: An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.) a. The inner edge of the Approach Surface is:. i. 500 feet wide for runway(s) 13 and 31. b. The outer edge of the approach zone is I. 1,500 feet for runway 13. ii. 2,000 feet for runway

52 c; The Approach Zone extends for a horizontal distance of: i. 5,000 feet at a slope of 20 to 1 for runway(s) 13 and 31. No structure shall exceed the approach surface to any runway, as depicted on the Albia Municipal Airport Height Zoning Flap. 4. TimusitionaLlone - The land lying under those surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the Approach Surfaces. Me structure shall exceed the Transitional Surface, as depicted on the Albia Municipal Airport Height Zoning Map. 5. No structure shall be erected in Monroe County that raises the published Minimun Descent Altitude for an instruffyint approach to any runway, nor shall any structure be erected that causes the Minimun Obstruction CIE...al:3110E! Altitude or Minimum Enroute Altitude to be increased on any Federal Airway in Monroe County. EECITSALL_OFIL-firilElai'MUML.AMILLSZEITELEMLUMIA11:3, A. afzakrgel-pgrklug-bgquiew&utn. in all districts in connection with every industrial, courexcial, business, trade, institutional, recreational, or dwelling use, and similar uses, space for'parking -,, and. storage of vehicles shall be provided in accordance with the following schedule. Required off-street parking facilities shall be primarily for the parking of private passenger autxmobiles of occupants, patrons or employees of the principal use served. 1. Automobile sales and service garages: Fifty (50) percent of gross floor area. 2. Bowling alleys: Five (5) spaces for each lane. 3. Churches and schools: One (1) parking space for every eighty (80) square feet of principal auditorim, including balcony, if airy, and one (1) parking space for each staff member. 4. Dance halls, assembly halls: Two hundred (200) percent of floor area used for dancing or assembly. 5. Dwelling: Two (2) parking spaces for each family or dwelling unit. 40

53 6. Hospitals: One (1) space for each five (5) beds, plus one (1) space for each three (3) employees, plus one (1) space for each two (2) staff doctors. 7. Hotels, motels, tourist courts, sororities, fraternities, lodging houses: One (1) space for each bedroom. 8. Manufacturing plants: One (1) parking space for each three (3) employees on the maximum working shift. Open space capable of accommdating one (1) parking space for each one thousand (1000) square feet of gross floor area shall also be provided. 9. Mobile home park: Two (2) parking spaces for each mobile home lot. 10. Nursing, convalescent and retirement homes: One (1) space per eight (8) beds, plus one (1) space per three (3) employees, plus one (1) space for each resident staff member. 11. Restaurants, taverns, and nightclubs: Two hundred (200) percent of gross floor area. 12. Retail stores, shops, grocery stores, (2,000) square feet gross floor area: percent of gross floor area, 13. Retail stores, shops, grocery stores, (2,000) square feet gross floor area: percent of gross floor area. ete., over two thousand Two hundred fifty (250) etc., under two thousand One hundred (100) 14. Theaters, assembly halls with fixed seats and sports arenas: One (1) space for each five (5) seats. 15. Wholesale establishments or warehouses: One (1) space for each two (2) employees, but in no case less than one (1) space for each one thousand (1,000) square feet of gross floor area. B. Addi ti anal Parking Begai renratz 1. In the case of any building, structure or premises, the use of which is not specifically mentioned herein, the parking requirements for a use which is mentioned and to which said use is similar shall apply. 2. Where a parking lot does not abut on a public or private street, road, alley or easement of access, there shall be provided an access drive not less than ten (10) feet in width in case of a dwelling, and not less than twenty (20) feet in 41

54 width in all other cases, leading to the loading or unloading spaces and parking or storage areas required hereunder in such a manner as to secure the most appropriate development of the property in question: provided, however, such easement of access or access drive shall not be located in any agricultural or residence district except where serving a permitted use in an agricultural or residence district. 3. Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot, shall be developed and maintained in accordance with the following a. 'k part of any parking space shall be closer than five (5) feet to any established highway, road, or street right-of-way line. In case the parking lot adjoins an "R" District, it shall be set back at least five (5) feet from the "Li" District bpundary and shall be screened from adjacent property by a planting screen not less than ten (10) feet in width and six (6) feet in height or by a fence, wall, berm or other comparable means. b. Any lighting used to illuminate any off-street parking are a shall be arranged to reflect the light away from adjoining premises in any "R" District, and shall be directed so as to avoid glare and confusion for moving vehicular traffic. 4. Off-street parking areas In residential districts shall be ' provided on the sairia lot with the principal use. Off--street parking and loading areas may occupy all or part. of any required yard or open space, subject to the provisions of this section. C. 0a7armOLIAQadiog Ree.g.di LOU Kal In any district in connection with every building or part thereof hereafter erected having a gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display,,retail store, wholesale store, market, hotel, hospital, or other uses similarly requiring the receipt or distribution by vehicles'of material or merchandise, there shall be provided and maintained on the same lot with such building at least one (1) off-street' loading space, plus one (1) additional such loading space for each twenty thousand (20,000) square feet or major fraction thereof of gross floor area so us'ed in excess of ten thousand (10,000) square feet. 1. Each loading space shall be not less than twelve (12) feet in width and forty (40) feet in length. 42

55 2. Such space may occupy all or part of any required yard or open space; except when adjoining an."r" District, it shall be set back ten (10) feet and screened from adjacent property by a planting screen not less than ten (10) feet in width and six (6) feet in height or by a fence, wall, berm, or other comparable means. MOTION SiGILATID ELLIMall a SIGNS: The following regulations govern permitted signs in the various zoning districts of Monroe County. Zoning District All A-1, A-2. Permitted Signs A. One board or sign not to exceed fifty (50) square feet in area referring to the construction, lease, hire, or sale of a building, premises, or lots; which sign shall refer to property upon which the sign is located and shall be removed as soon as the premises are sold or leased or construction completed. B. Signs, not to exceed a combined total of twenty (20) square feet in area, identifying the premises or indicating the product or material or equipment used on the premises. RIM C. One indirectly lighted sign, not to exceed thirty (30) square feet in aggregate display area, may be erected at any main entrance to a mobile home park. Such sign may show.. the name of the mobile home park and other pertinent information thereto. C-1, C-2, D. Exterior signs located on the street frontages of principal I-1, 1-2 buildings referring only to a use or uses located within A-2 such building, and attached or integral thereto, provided that: 1. Such signs shall not have an aggregate surface area in excess of twenty-five (25) percent of the total of the building elevation to which they are attached: 2. Signs which project out from the building more than eighteen (18) inches must be at least eight (8) feet - above grade and may project a maximum of six (6) feet. 3. No sign shall project above the roof line or parapet, where one exists. 43

56 C-1, C-2 I-1, 1-2 E. One free standing or post sign referring only to a use or uses conducted on the premises may be erected in any yard abutting a public street, provided, however: 1. That such signs shall not have a surface area in excess of fifty (50) square feet on any one side, and not more than two (2) sides of said sign shall be used for,advertising purposes. 2. The bottom of the surface area of such sign shall not be less than eight (8) feet above the ground surface upon which it is erected. 3. The height of such sign shall not exceed twenty-five (25) feet. 4. Such signs shall not extend over street or road rightof-way lines or otherwise obstruct or impair the vision or safety of pedestrians and motorists. All F. Temporary signs with political advertisements not to exceed. an aggregate surface area of thirty-two (32) square Such signs may be erected for a period not to exceed forty-five (45) days before the date of the election to which the signs pertain and shall be removed within seven (7) days following subject election, icunillil_11011cose221,11k1011sez Nonconforming Uses of Land, Nonconforming Structures, and Nonconforming Use of Structures. Intent: Within the various districts established by this Ordinance or by amendments that may later be adopted, there exist structures, uses of structures and uses of land which were lawful prior to the adoption of this Ordinance but which would be prohibited, regulated, or restricted under the provisions of this Ordinance. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this Ordinance that such nonconformities shall not be enlarged upon, expanded or extended. A, Homs2atomning Uaaaffland_aucltalaturez 1. No nonconforming use of a structure, land, or structure and land in combination which remains idle or unused for-a-- continuous period of one (1) year, whether or not the equipment 44

57 or fixtures are removed, shall again be used except in conformity with the regulations of the district in which such building or land is locabd. 4,. The casual, intermittent, temporary, or illegal use of a structure, land, or structure and land in combination shall not b3 sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on part of a lot or tract shall not be construed to have established a nonconforming use on the entire lot or tract. D. Kmunafmniug_MQ_Qt_Land, The lawful use of land upon which no building or structure is erected or constructed, which becomes nonconforming under the terms of this Ordinance as adopted or amended, may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No such nonconforming use shall be enlarged or increased nor extended vertically or horizontally to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance. 2. No such nonconforming use shall be moved in whole or in part to any other part -ion of the lot or parcel which was not occupied by such use at the effective date of adoption or amendnnt of this Ordinance. 3. any such nonconforming use of land ceases for any reason for a period of more than six (6) months, any subsequent use of such land shall conform to the district regulations for the district in which such land is located. C. NmcsmfQrwiug.lkici Qf Unkamres. If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Ordinance, that would not be allowed in the district under the terms of this Ordinance, the use may b3 continued so long as it remains otherwise lawful, subject to the following provisions: 1. No existing structure devoted entirely or in part to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, reconstructed, moved or structurally altered except when required by law, unless the use is changed to a use permitted in the district in which such s tnucture is located. 2. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such 45,

58 use at the time of adoption or amendment of this Ordinance. No such use shall be extended to occupy any land outside such building.. 3. If no structural alterations are made, a noneonforminguse of a structure may be changed to another nonconforming use of a similar nature within the same or a more restrictive classification. Whenever a nonconforming use has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use. 4. Any structure devoted to a use made nonconforming by this Ordinance that is destroyed by any means to an extent of sixty (60) percent or more of its fair market value at the time of destruction, exclusive of the foundation, shall not be reconstructed and used as before such happening. If the structure is less than fifty (50) percent destroyed above the foundation, it may be reconstructed and used as before provided this is done within six (6) months of such happening, and the structure is built of like or similar materials. D. Neneenferming_atruclulas. Where a structure. exists at the effective date of adoption or amendment of this Ordinance which could not be built under the -terms of this Ordinance by reason of restrictions on area, lot, coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No such structure m ay be enlarged or altered in a way which increases its nonconformity. 2. Should such structures be destroyed by any means to an extent of sixty (60) percent or more of its fair morket value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. E. LINamd_Rapatrg. Nothing in this Ordinance shall be deemed to prevent the restoration to a safe condition of any building or part thereof'dedthred to be unsafe by any official charged with protecting the public safety, upon order of such official. 5EQ.LIDILEYLORE1:11.2NF.LAUD_LIOR( TILMI.M5. The regulations specified in this Ordinance shall be subject to the following exceptions, modifications, and interpretations: 46

59 A 1).*1_9.f_ficleallx_gaVAUli$Inc.LNon amfmmidglaa. A legatiy established lot or plot of official record as of the effective date of this Ordinance, which becomes nonconforming as a result of amendments to this Ordinance, may be developed with structures or uses permitted within the district in which the lot is located subject to the following: 1. When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than that required for the intended use, then the lot may be used as proposed.just as if it were conforming. 2. In any district where dwellings are permitted, a single family dwelling may be located on any legally established nonconforming lot irrespective of the lot area or width, provided however: a. The stun of the side yard widths of any such lot shall not be less than thirty (30) percent of the width of the lot, but in no case less than ten (10) percent Of - the " width of the lot for any one side yard..b. The depth of the rear yard of any such lot need not exceed twenty (20) percent of the depth of the lot, but in no case shall be less than twenty (20) feet. B. Chimneys, cooling towers, elevator bulk-heads, fire towers. nonuments, stage towers or scenery lots, water towers, churches, ornamentel towers and spires, radio or television towers or necessary mechanical appurtenances may be erected to a height in 8.c:conk-me with e;:istiug or hereafter adopted regulations of Monroe County; provided, however, that no such structure shall be permitted to extend into the approach zones, clear zones or other restricted -air space required for the protection of any public airport. C, AcceseteryeRalaerre. Accessory buildings located on corner lots shall conform to the setback regulations on the side street. Accessory buildings may ha erected as a part of the principal building, or may be connected thereto by a breeze-way or similar structure, provided all yard requirementf, for a principal building are complied with. An accessory-building which is not a part of the mein building shall not occupy more than thirty (30) percent of the rear yard. No accessory building shall be constructed upon a lot until the construclion of the main building has actually commenced, and no accessory building shall be used unless the main building on the lot is also being used, and no accessory building 47

60 shall be used for dwelling purposes except for a period not to exceed one (1) year during the construction of the principal building. D. Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, belt course, cornices, and ornamental features which are not to exceed twenty-four (24) inches. E. Ho basement or cellar shall be occupied for residential purpses until the remainder of the building has been substantially completed, except for a period.not to exceed one (1) year during construction of the principal building. F. Open-lattice enclosed fire escapes, fireproof outside stairways, and balconies opeuing upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be frmitted for a distance of not more than three and one-half (3 1/2) feet and where the sairn are so placed as not to obstruct light and ventilation (r-- Uff6ndIOS.6d -teles, uncovered porches, platforms, and ornamental features which do not extend more than three (3) feet above the floor level of the ground story may project into a required yard, provided these projections are distant at least two (2) feet from the adjacent side lot line. H. For the purpose of the side yard regulations, a two-family dwelling, or a uultiple dwelling, shall be considered one (1) building occupying one (1) lot. 1. Temporary buildings and uses that are used only in conjunction with construction work uoy be permitted in any district during the period of construction, but such temporary buildings shall be removed upon completion of the constmdtion work. J. More than one (1) industrial, commercial, multiple dwelling or institutional building or use my be established upon a single lot or tract in a district permitting these uses. provided that the yards and open spaces required around the boundaries of the lot or tract shall not'be encroached upon by any such buildings; and provided further that there shall be no change in the intensity of use. K. Mere more than, forty (40) Percent of the frontage in a block has been built up with buildings having a front yard, then the buildinf line of the building to be erected shall conform to the natural 48

61 building lint-2s of the block as determined by the existing buildings. L. in instances where buildings are erected containing two (2) or more uses housed vertically, the required side yards for the first floor use shall control. M. Within the A-1 and A-2 Agricultural District, a farmstead 3.1) existence at the time of adoption of this Ordinance 'may be severed from the 'farm. A miniirom of one (1) acre for each dwelling unit of the farnistead is rewired, provided that side and rear yard requirements are met. An existing farmstead shall be defined as: the combination of farm dwelling and any farm accessory buildings, well, or windbreak plantings,used or previously used and occupied by a person or family employed, fully or partially, in the agricultural pursuits of the farm on which it is located. To qualify as an existing farmstead for the purpose of being severed from the farm, the following minimum criteria must be wet: 1. The farm dwelling shall have been constructed prior to the effective date of this Ordinance. 2. Minimum evidence of the farmstead's existence shall include: a. Previous tax records establishing existence of the farm dwelling; and b. Existence of:75 percent of the fan,. dwelling's foundation. N. With the A-1 and A-2 Districts on property containing a non-farm. residence, a nubile how, or manufactured home conforming to the tie down requirements as spec-stied in Section 6, Subd. 8, and provided with septic and water facilities and conforming to the regulations for an accessory building, shall be allowed adjacent but riot closer than ten. (10) feet to an established residential structure for the occupancy of a mi -_-.mber of the.imuodiate family living in the principal structure. A special accessory building permit shall be valid for only one year and may be renewed by reapplication for one year increw:nts thereafb:jr. This permit shall expire upon the death or relocation of the occupant. to another place of residency. Subd. 1. Z.i.Ating_Admini..5.tratc. -2r. A. There is hereby established the position of Zoning Administrator, who shiil be appointed by the Board of Supervisors. The Zoning 45

62 Administrator shall administer and enforce the provisions of this Ordinance and shall have the following powers and duties in connection therewith: 1. The Administrator shall issue all permits and certificates required by this Ordinance. 2. If the Administrator shall find that one of the provisions of this Ordinance is being violated, the Administrator shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it The Administrator shall order the discontinuance of the illegal use of land, buildings or structures; the removal of illegal buildings or structures, or of additions, alteration or structural changes therelo; the discontinuance of any illegal work being done; or shall take any other action authorised by this Ordinance and the Board of Supervisors to insure compliance with or to prevent violation of its provisions. 3 The Administrator shall keep a record of all permits, appeals, variances and such other transactions and correspondence pertaining to the administration of this Ordinance. B. All departments, officials, and public employees of Monroe County who are vested with the duty or authority to issue permits shall insure conformance to the provisions of this Ordinance and shall issue no permit for any use, building or purpose if the same would be in conflict with the provisions of this Ordinance. C. The Board of Supervisors nviy, by resolution, delegate the powers and duties of the office of Zoning Administrator to any other officer or employee of the county, ez of any city, town, or goverrunental.suldivision within the county, or Inv combine the Powers and duties of this office 4ith any other office or position, Subd. 2. Ecaull_f_AdJualmnt. A. A Board of Ad3ustm3nt is hereby established and shall consist of five (5) members, a majority of whom shall reside within the County but outside the corporate limits of any city, appointed by the Monroe County Pdard of Supervisors. The five (5) members first appointed shall serve terms of one (1), two.(2). three (3), four (4) and five (5) years respectively. Thereafter, terms shall be five (5) years and vacancies shall be filled by the Board of Supervisors for the unexpired term of any member whose term 1..ks..comes vacant. The Monroe County Board of Supervisors shall have the 50

63 power to remove. any menzer of the Board of AdjustMat for cause. upon written charges and after public hearing. Miairpersen_and_Hee_tings. The Chairperson of the Monroe County Board of Supervisors shall name one (1) of the members of the Board of Adjustment. as Chairperson upon appointment, and in case of vacancy, shall 11a93 another Chairperson. All meetilws of the Board shall be held at the call of the Chairperson and at such time and place within the County as the Board may determine. Such Chairperson, or in his/her absence the acting'. Chairverson, may administer oaths and compel the attendance of witnesses. Al) meetings of the Board shall be open to the public. C. Prs,s.._eclutze*. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member on every question, or if absent or failing to vote indicating such.fact, and shall keep complete records of its examinations and other official actions. Every rule, regulation, every amendment or appeal thereof, and every order, requirement, decision or determination of the Board of Adjustment shall be immediately filed in the office of the Zoning Administrator and shall be public record, The Board of.adjustmemt shall adopt its own rules of procedure not to conflict with this Ordinance or with the Iowa Statutes. The Board of Adjustment shill not be compensated, except for necessary expense. D. App13,-11,s.. The Board of Adjustment shall hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this Ordinance. Such appeal shall be taken within a period of not lir-lre than thirty (30) days following the date of the order, requirement, decision or determination, and in the manne.r prescribed in the Rules of the Board of Adjustment, by filing with the Administrator and with the Board of Adjustment a notice of ;.- -Appeal specifying the grounds thereof, and by,paying a filing fee of twenty-five (25) dollars to the Treasurer of Monroe County, Iowa. When notice of the appeal is filed, the Administrator, shall transmit all of the records regarding the appeal to the Chairperson of the Board of Adjustment, including a copy of the letter to an applicant who has been refused a zoning permit. The Board of Adjustment shall take action upon said appeal within sixty (60) days following the date of appeal. An appeal stays all proceedings in furtherance of the action appealed from, unless the- Administrator certifies to the Board, after notice of appeal shall have been filed, that by reason of the facts stated in the certificate, a stay would, in the Administrator's opinion. cause imminent peril to life or property. In surlh case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Administrator and on due cause shown. 51

64 E. Faw,lr5-iL-Ancli.21.%_tieis. The Board of Adjustink-mt shall have the following powers, and it shall be its duty: 1. To hear and decide appeals where it is alleged that there is error of law in any order, requirement, decision or determination wade by the Zoning Administrator in the enforcement of this Ordinance. 2. To hear and decide upon applications for variations and, subject to such standards, principles and procedures provided in this Regulation, to vary the strict application of the height, area, parking or density re,quireuents to the extent necessary to permit the applicant a reasonable use of the property in those specified instances where there are peculiar, exceptional and unusual circumstances in connection with a specifid parcel of land, which circumstanc...es do not generally exist within the locality or neighborhood concerned. special conditions shall include but not be limited to a property owner who can show that his/her property was acquired in good faith and where by reason of exceptional toporraphical conditions or other extraordinary or exceptional situations, the strict application of the terms of this Ordinance actually prohibits the use of the property in the district. The special conditions and circumstances shall not result from the actions of the applicant. Under no circumstcir ices shall the Board!want a variance to allow a use not pemnissible under the berms of this ordinance in the district involved, ur any use expressly or by Implication prohibited by the terms of this Ordinance in said district. 3. Upon petition by a property owner to permit exceptions to the terms of this Ordinanoe'as follows: a. To permit the extension of the district boundary line of a district divides a lot in single ownership, as shown of recbrd or by existing contract or purchase, at the time of the passage of this Ordinance. In no case shall such - extension of the district boundary. line exceed fifty (501 feet in any direction, b. To interpret the provisions of this Ordinance in such a way as to carry out the intent. and pucpose of the plan, as shown upon the :,:oning maps fixing the several districts accouv.ulying arid nmde a p,-art of this Ordinank -xt, where the road layout actually on the ground varie:3 from the road layout as shown on the noning maps aforesaid.

65 c. To yx!rmit the reconstruction of a nonconforming Wilding which has been damaged by explosion, fire, Act of God, or the Public Enemy, to the extent of more than fifty (50) percent of its fair market value, where the Poard finds some compelling public necessi Ly requiring the con tinuame of the nonconforming use. The Board, in making any exception to the Ordinance, shall be guided by the general rule that the exceptions shall by their design, construction and operation adequately safeguard the health, safety and welfare of the occupants of adjoining and surrounding property; shall not impair an adequate supply of light and air to adjacent property; shall not increase public danger of fire and other threats to safety, and shall not diminish or impair established property values in surrounding areas; provided that any exception granted is not one where the specific conditions yertaining bo the property are so general or recurrent in nature as to make the formulation of a general regulation for such conditions practicable. It is not the intention to grant to the Board of Adjustment the power or authority to alter or change the Zoning Ordinance or the District Haps. Such power and authority rests solely with the Board of supervisors. Exceptions and variances which have been granted in accordance with the provisions of this Ordinance shall be null and void at the end of six (6) months from the date of grant if substantial action has not been taken to accomplish the purpose for which the variance was granted. Completion must.le within a reasonable length of time. F. Yot.Q. In exercising the above. powers, the concurring vote of three (3) members of the Eoard of Adjustment shall be necessary to ' reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance. Every variation granba or denied by the Board of Adjustment shall be accompanied by a written finding of fact based (5n testimony and evidence,' and specifying the reasons for granting or denying the variation. G. Hftmiugq. The Eoard of Adjustment shall fix a reasonable time for the hearing of an apyeal. and give written notice thereof to the parties and shall publish notice of the public hearing upon the appeal in a paper of general circulation within the county at least four (4) days, but not more than twenty (20) days before said date of public hearing and decide the name within a reasonable time. pact-,s, in or by agent, or by 53

66 'attorney. The Board of Adjustment may reverse or confirm, in whole or in part, or may modify the order, requirement, decision or determination as in its opinion ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. Any person or persons, jointly or separately, aggrieved by any decision of the Board of Adjustment under the provisions of this Ordinance, or any taxpayer, or any officer, department or bureau of Monroe County, Iowa, may seek such relief through the Courts as provided by Statute. Subd. 3. Conditional 1.1q05. Conditional uses of land within the zoning districts as set forth in Section Six (6) of this Ordinance may be permitted subject to approval ' of the Board of Adjustment after notice and public hearing. A. In its determination upon a particular use at the location requested, the Board shall consider all of the following conditions: 1. That the proposed location, design, construction, and operation of the particular use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property. 2. That such use shall not impair an adequate supply of light and air to surrounding property. 3. That such use shall not unduly increase congestion in the streets, or public danger of fire and other threats to safety. 4. That such use shall not diminish or impair established property values in adjoining or surrounding property, 5. That such use shall be in accord with the intent, purpose, and spirit of this Ordinance and the Comprehensive Plan of Monroe County. B. application for conditional tlao Permit. 1. The applicant for a conditional use permit shall complete and submit to the Zoning Administrator a conditional use permit application form and all supplemental information described therein. A twenty-five (25) dollar permit fee shall be submitted by the applicant at the time of application. 2. The Zoning Administrator shall refer said application to the Board of Adjustment for review. 54

67 3. The Board of Adjustment shall hold 6 public hearing on the application. N.ptice of the public hearing. shall be.published in an official newspaper or a newspaper of general circulation at least four (4) days and not more than twenty (20) days before said date of public hearing. Notice of the hearing shall also be mailed to owners of property within five hundred (500) feet of the legal boundaries of the land to be affected by the application. Failure of the Board to notify all property owners by mail as described above shall not invalidate any action taken by the Board, provided such failure was unintentional. 4. The Board of Adjustment shall take action on said application within sixty (60) days following the date of application. The Board of Adlustmmt may impose additional conditions upon the permit as it deems necessary to protect the public health, safety and welfare and such conditions may impose a time limit for the use to exist or operate. 5. No application for a conditional use permit shall. be resubmitted for a period of three (3) months from the date of said order of denial. 6. In the event the applicant violates any of the conditions set forth in the permit, the Board of Adjustment shall have the authority to revoke the conditional use permit. C. Mclitj1;111A1.,.1311.A.i 1. The applicant for a conditional use permit shall submit. to the Board of Adjustment e plan for the staged extraction, restoration and reuse of the land affected by the application. 2, A minim= set back of one hundred (100) feet from all property lines shall be maintained. The set back requirement may be waived on the sides adjacent to roadways to allow minimr through 1-0ads if approved by the Board of Adjustment and the Hoard of Sul- rvisoro. 3. Appropriate fencing, as approved by the Board of Adjustment, shall limit -the hazard. 4. Where mineral extraction occurs within one hundred (100) feet. of a pemanent. water course, special provisions shall be made to (::rit_;urrit adequate protection from!pollution, siltation. Or damage to wildlife and wildlife, habitats. Such provisions shall be clearly stated in the plan. r J.)

68 5. The best practical maans available for the disposal of refuse matter or water-carried wastes, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise or similar nuisances shall be employed, 6. The developer shall post a bond with the Monroe County Auditor, which bond will ensure to the County that the restoration for reuse as provided in the approved plan shall be completed by the developer within one (1) year of discontinuance of the extraction activities specified in the approved master plan. The amount of the bond shall not be less than the estimated cost of the restoration, and the amount of the estimate must be approved by the County Engineer. If the restoration is not completed within the specified time. the County may use the bond or any portion thereof to complete the restoration. Bond requirements may be waived or modified if the applicant can demonstrate that bonding under compliance with Chapter 63,A of the 1989 Code of Iowa, will be sufficient to ensure restoration of the site asillaviiipta4, dpproved plan. 7. The Board of Adjusturimt will issue a special permit for mineral extraction for a specific period of time consistent with any State or Federal permit, in effect, with the effective date and. expiration date of the permit clearly stated. D. Addittiop.aLraeslatteire,,iler-ing_193..iiag.D.Jarsiq 1. A conditional use permit for a rural salvage yard nny riot he issued for proposed location within a five (5) mile radius of any other lawfully-existing rural_ salvage yard in Monroe County. The Board shall approve the proposed use after consideration of a report and recommendation from the Zoning (.7emmission and upon finding that the following stainiards have been met, where applicable: a. (..;,mpa..tik.111 -ty. The proposed buildings or use shall be constracted, arranged and operated so as to be cempatible with the character of the zoning district and immediate vicinity, and not to interfere with the development and use of adjacent property in accordance with the applicable, district regulations. The proposed developuemt shall.not be unsightly, obnoxious 'nor offensive in appearance to abutting or nearby properties. b. TrakiaiUon. The developnemt shall provide for a suitable transition, and if necessary, buffer, between the rqswosed buildings or use and surrounding, properties.

69 c. Vehicj,ecaremlation. The development shall provide for adequate ingress and egress, with particular attention to vehicular and pc.-idestrian safety and convenience, traffic flow and control, and emergency access. d. Partiug_DIAjoding. The development shall provide all off-street parking and loading areas as required by this Ordinance, and adequate service entrances and areas, e. NtaisAwe. The development shall not generate excessive noise, vibration, dust, smoke, fumes, odor, glare, offensive views, groundwater pollution or other undesirable, hazardous or nuisance conditions, including weeds. f. 61).,;Inclonwit. A statement in writing shall be provided by the owner, to become part of the public record, that the... '_"...area 1411r -la cleaned up to the satisfak.:tion of the Zoning Administrator should the salvage yard be abandoned. moved in whole or in part. A salvage yard which.remains idle or 'mused for a continuous period of one (1) year '- whether or not fixtures or equipm?tnt are removed shall constitute aixindoment. The casual, intermittent, temporary, or illegal operation of a salvage yard shall not be sufficient evidence to establish continuous use. g. SlareetWITIg. Screening shall be provided to eliminate the visual impact of the salvage yard bontents by obscuring it from view from adjacent roadways and, as appropriate, adjacent property. h. Fpai- bal3 1,'_;,a. No sa.ivage shall be stored within one hundred (100) feet of any property line. E. tidditimal Beguirsomatfl_ckeifszitig Sanilaw_14orittills. 1. The applicant for a conditional use permit shall submit to the Board of Adjmtirrf..,..nt the following information: a. Evidence that the proposed site wets or exceeds all requirements for such activities as regulated by the Iowa Departmant of Katural Resources. b. Evid.:..nce.that any additional pc,,,rmits reikpared for solid wap.,te disriosal and landfilling have lx-ton obtained from the appropriate county and/or state officials. 57,

70 Subd A minimum setback of one hundred (100) feet from all property lines shall be maintained. 3. Appropriate fencing as approved by the Board of Adjustment shall limit the hazard. Yar.isucaa. A variance to the provision of this Ordinance may be issued to provide relief to the property owner in those zoning districts where this Ordinance imposes undue hardship or practical difficulties to the property owner in the use of this land, subject to approval of the Board of Adjustment after notice and public hearing. Qaa_YariDcaa_LLY_ILLIwm -A. A. A variance may be granted only in the event that the followina circumstances exist: 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same one or vicinity, and result from lot size or shape, topography, or other circumsttu= Ices over, which the owners of property since the effective date of this Ordinance have had no, control. 2. That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the sans district under the terms of this Ordinance. 3. That the special conditions or circumstances do not result from the actions of the applicant. 4. That granting the variance. requested will not confer on the applicancy any special privilege that is denied by this Ordinance to owners of other lands, sttuctures or buildings in the same district. 5. The variance requested is the minimum variance which would alleviate the hardship. C- The: variance would not be materially detrimental to the purposes of this Ordinance, or to property in the same zone. 5 13

71 Subd The applicant for a variance shall complete and submit to the Zoning Administrator a variance application form and all supplemental information r(squired therein. A twenty-five (25) dollar permit fee shall be submitted by the applicant.qt -the time of application. 2. The Zoning Administrator shall refer said application to the Board of Adjustment for review. :3 The Board of Adjustment shall hold a public hearing on the application. Notice of the public hearing shall be published in an official newspaper or a newspaper of general circulation at least four (4) clays and not, more than twenty (20) days before said date of public hearing. Notice of the hearing shall also be Jo -Ailed to owners of property within five hundred (500) feet of the legal boundaries of the land to be affected by the application. Failure of the Board to notify all property owners by mail as described above shall not invalidate any action taken by the Board, provided such failure was unintentional. 4. The Uoard of Adjustment shall take action on said application within sixty (60) days following the date of application. 5. Ho application for a variance shall be resubmitted for a period of thri--,e (3) months from the date of order of denial.. Amndflemta. A. The Board of Supervisors may from time to time, on its own action or on petition by owner(s) or authorized agent of the property affected, after public notice and. hearings as provided by law and after report by the County Planning and Zoning Cougnission, amend, supplennut, or change the boundaries or regulations herein or subsequently established, and such amendment shall not become effective except by the favorable vote by a majority of all the meintiers of the Board of Supervisors. B. ApP1.illatkon_f_QL:triondlirn.t. 1. The applicant, for a zoning amendment shall complete and submit to the Zoning Ar -.1ministratpr a zoning amendment application folio and all supplemental information described therein. A twenty-five (25) dollar application fee shall be submitted by the applicant at the time of apdlication. 51)

72 2. The Zoning Administrator shall refer said application to the Zoning Commission for review. 3. The Zoning Commission shall hold a public hearing on the application within sixty (60) days of receiving said application. Notice of the public hearing shall be published in an official newspaper or a newspaper of general circulation at least four (4) days and not more than twenty (20) days before said date of public hearing. Notice of the hearing shall also be mailed to owners of property within five hundred (500) feet of the legal boundaries of the land to be affected by the application.- 4. The Zoning Commission shall forward said application and their recommmdations to the County Board of Supervisors at which tine the County Board of Supervisors shall schedule a public hearing. The public hearing shall be held on the application within thirty (30) days of receipt of said application. Notice of the hearing shall be published in an official newspaper or in a paper of general circulation at least four (4) days and not more than twenty (20) da rt's before said date of hearing. Notice of hearing shall also be mailed to owners of property within five hundred (500) feet of the legal boundaries of the... affected by the application. Failure of the Board of Supervisors to notify all property owners by mail as described above shall not invalidate any action taken by the Board, provided such failure was unintentional. 5. Approval or denial of said application shall require a two-thirds (2/3) vote of all the erne tubers of the County Board of Supervisors. 6. No application for a zoning amendment shall be resubmitted for a period of six (6) months from the date of said order of denial, 7. The County Board of Supervisors may impose a time limit within which time the rezoned property must be used or developed according to its new zoning classification. If the property is not Used or developed within said time period, the County Board of Supervisors may, upon fourteen (14) days notice to the owner of record, revert said property to its previous zoning classification. Subd. 6. 4Iming EarEita. A. No land.shall he occupied or used, and no building hereafter erected or structurally altered shall be occupied or used in whole 60

73 or in part for any purpose whatsoever, until a certificate is issued by the Zoning Adndnistrator stating that the building and use comply with the provisions of this Ordinance, provided however, that no permit shall be required for agricultural uses. B. No change of use shall be made in any building or part thereof, now or hereafter erected or structurally altered, without a permit being issued therefore by the Zoning Administrator. No permit shall be issued to make a change unless the changes are in conformity with the provisions of this Ordinance. C. Nothing in this part shall prevent the continuance of a nonconforming use as hereinbefore authorized, unless a discontinuance is necessary for the safety of life or property. D. Written application on approved forms shall be filed with the Zoning Administrator and shall be accompanied by plans in.duplicate and drawn to scale, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size aid height of any building or structure to be erected or altered: the existing and intended use of each building or structure or part thereof; the number of families or dwelling units the building is designed to aceonnodate; and when no buildings are involved, the location of the present use and the proposed use to be!rode of the lot, and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for. the enforcement of this Ordinance. One (1) copy of such plans dhail be returned to the owner when such plans shall have been approved by the Zoning Administrator.. together with such Zoning Certificate as may be granted. All dimensions shown on these plans relating to the location and size of the Jot to be built upon shall be based on actual survey. E. The lot and the.location of the building thereon or the proposed improveirpents shall be staked out on the ground before construction is started. E. No permit for the excavation for, or the erection or alteration of any building shall be issued before an application has been made for a Zoning Permit, and no building or premises shall be occupied until that *certificate is ist;ued. G. Zoning Permits issued In accordance with the provisions of this section shall be null and void at the end of six (6) months from the date of issde if the construction, alteration, or change of use has not comenced during the six (6) month period. Proposed construction or alteration must be completed within eighteen (18) months. 61

74 I 1 0..ECT LQ11_12.1dATICILAUD Utiadi Any person, firm, or corporation who violates, disobeys, omits, neglpcts or refuses to comply with the provision. 0f - this - OrdIncuice shall, upon conviction, be fined not more than one hundred (100) dollars or imprisoned for not more than thirty (30) days for each offense, and each day a violation is permitted to exist shall constitute a separate offense. mualli 13: VALIDITY Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or any part thereof,other than the part so declared to be invalid. Elaaa"IY_ELIAn This Ordinance shall be effective from and after the date of its adoption as provided by law. 132

75 THE FOREGOING SRDINANCE IS ADOPTED PURSUANT TO IOWA CODE SECTION THIS 3rd 'DAY OF AUGUST, BY MONROE 'COUNTY, IOWA BILLY K t ERS Chairman' Board of's pervisors ATTEST; R eq,kg.a,z,w )ii4 I ',/LPtALA-, CAlliARINE M'. BROTHERS Auditor Monroe County, Iowa BY BY HELEN SIN AIR Member Board of S pervieors,77 ICUAEL R. BEARY Member,.Board. of S pervisors *Mr***.Read First Tim and Passed July 30, Read. Second Ti e and Passed Auguet ' Final Reading. d Passage August 3, 1990 Date of Public tioh Allgust7, 1990 THE FORMING AMENDMENT TO ORDINANCE 0 MONROE COUNTY COMPREHENaIVE 211ING 1 SECTION 416(12)(B)(4) IS DULY ADOPTED AND PASSED, AS F CLOWS: I, - Red first dime and passed: Read second time and pas.sedr Septeulber 1990 Final rqadlig. and passage: _,Sep. ember 14, 1990 Date. of Pub Icat iom; September 18, 1990 THE FOREGOING AMENDMENT' TO Qezte:mber L., 1990, ORDINANCE *7 MONROE COUNTY' COMPREHENSIVE 20 INS IO ADOPTED PURSUANT -ny IOWA con. 8EcTioN sal.we AND CHAP EIS 3.50A THIS 14th DAY OF MONROE' COUNTY, ID A ATTEST: Sy Dilly [. Myers lairmen- Catharine M Brothers Board of Sup isprs Auditor > Mureoe County ) VI/ I6 Mt. Ely Membpr. Hoard of Slper isors Memaer Buar0 Df Super' iurs

76 1 ', - "..

77 THE FOREGOING ORDINANCE IS ADOPTED PURSUANT TO IOWA CODE SECTION THIS 3rd DAY OF AUGUST, MONROE COUNTY, IOWA ATTEST: BY BILLY K MYERS Chairman Board of Supervisors Roluf },Lu)c),1,/gAA,--tit&L.d_ ' CATHARINE M. BROTHERS Auditor Monroe County, Iowa BY CLIQ14-40A SA/11L, -t HELEN SINCLAIR Member Board of Supervisors BY( 37,--AecaW/R-E-c ICHAEL R. BEARY Member Board of Supervisors ******************************************* ******** Read First Time and Passed July 30, 1990 Read Second Time and Passed August 1, 1990 Final Reading and Passage August 3, 1990 Date of Publication August 7, 1990

78 FIRST AMENDMENT TO ORDINANCE 07 AN AMENDMENT TO ORDINANCE #7 MONROE COUNTY COMPREHENSIVE ZONING, SECTION 416(12)(9)(4), FOR THE PURPOSE OF ADAPTING LANGUAGE TO COMPLY WITH ALL VARIOUS SOLID WASTE DISPOSAL NEEDS. Ordinance #7, Section #6(12)(9)(4) is hereby deleted and the following is substituted therefor: Section 46112)(9)(4): Solid waste disposal whether by sanitary land-fill, resource recovery system, burning, incineration, autoclave, or any other sanitary disposal project. (See Section 11, Subd.3). THE FOREGOING AMENDMENT TO ORDINANCE #7 MONROE COUNTY COMPREHENSIVE ZONING, SECTION #6(12)(B)(4) IS DULY ADOPTED AND PASSED, AS FOLLOWS: Read first time and passed: Read second time and passed: September 13, 1990 Final reading and passage: September 14, 1990 Date of Publication: September 18, 1990 THE FOREGOING AMENDMENT TO ORDINANCE 07 MONROE COUNTY COMPREHENSIVE ZONING IS ADOPTED PURSUANT TO IOWA CODE SECTION AND CHAPTER 350A THIS 14th DAY OF September, MONROE COUNTY, IOWA ATTEST: By Billy V. Myers, Ciairman Hoard of Sup /isors V4,2,4.A.1YL.L- ) 1 ). Catharine M. Brothers Auditor, Monror,, County, lotla BY: (-74,-47:VA.6.11.,1.Vseal ) Member Board of Supervisors B y, Member Board of Super -Nil -tors

79 ORDINANCE NO. 8 MONROE COUNTY, IOWA AN ORDINANCE RELATING TO THE DISPOSAL OF YARD WASTES ON AND AFTER JANUARY 1, SECTION 1. PURPOSE: The purpose of this ordinance is to provide for the orderly disposal of yard waste; to preserve scarce land available for sanitary landfills through waste reduction; and to further provide for the health, safety, and welfare of the people of Monroe County. This ordinance is intended to implement Iowa Code Section 455D.9 (as shown in Chapter 272, Section 9 of the 1989 Session Laws of the 73 rd Iowa General Assembly). SECTION 2. DEFINITION Yard waste means organic debris, i.e. grass clippings, leaves, tree limbs, bark, branches, flowers, etc., which is produced as part of yard and garden development and maintenance. Yard waste does not mean tree stumps. SECTION 3. REQUIRMENTS: On and after January 1, 1991, the following shall be required. a. All yard waste originating in Monroe County and/or entering the Monroe/Lucas County Landfill, and/or placed at any collection point to be delivered to the landfill, shall be separated from all other waste. b. The owner or occupant of any property within Monroe County shall be responsible for separating yard waste from all other waste accumulated on the respective property and shall compost the yard waste on the premises or shall place the yard waste in bags, containers, or packages and properly set them out for collection by a hauler for lawful disposal. c. Waste haulers operating within Monroe County shall not pick up or haul yard waste for disposal, unless the waste has been separated in the manner required by this ordinance. d. The Monroe/Lucas County Landfill shall not accept yard waste unless it has been separated in the manner required by this ordinance. SECTION 4. PENALITIES FOR VIOLATION SECTION 5. REPEALER SECTION 6. SEVERABILITY Violation of any requirement of this ordinance shall constitute a County in fraction under the terms of Iowa Code Section and violators shall be subject to each and every applicable penalty provided therein. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. In the event that any section or provision of this ordinance is declared void or voidable by a Court, statute, or otherwise, each and every other section and provision of this ordinance, in whole or part, shall remain in full force and effect and shall be unaffected thereby.

80 THIS ORDINANCE IS DULY ADOPTED AND PASSED AS FOLLOWS: READ FIRST TIME AND PASSED: READ SECOND TIME AND PASSED: READ THIRD TIME AND ADOPTED: MONROE COUNTY, IOWA BY: Billy K. Myers ATTEST: Catharine M. Brothers Chairman, Board of Supervisors Monroe County Auditor BY: Helen Sinclair Member, Board of Supervisors BY: Michael R. Beary Member, Board of Supervisors

81 MONROE COUNTY ORDINANCE NO. 9 AN ORDINANCE REQUIRING THAT PERSONS HAVING CONTROL OVER HAZARDOUS WASTE OR SUBSTANCES BE RESPONSIBLE FOR THE CLEAN-UP AND COST OF CLEAN-UP OF ANY HAZARDOUS CONDITION INVOLVING THE WASTE OR SUBSTANCES, AND PROVIDING ENFORCEMENT MECHANISMS. SECTION 1. PURPOSE In order to reduce the danger to public health, safety, and welfare from hazardous substances, procedures should be adopted by Monroe County to provide for the responsible clean-up of hazardous conditions occurring within the County: the person having control over the hazardous waste or substances should be responsible for the clean-up and costs of clean-up. SECTION 2. DEFINITONS For the purpose of this ordinance, the following definitions shall apply: A. Hazardous waste means those wastes which are included by the definition in Iowa Code Section 455B.411 (4) (a) and in all applicable rules of the Iowa Department of Natural Resources; and a hazardous waste is a hazardous substance. B. Hazardous substance means any substance as defined in Iowa Code Section 455B.381 (1) and in all applicable rules of the Iowa Department of Natural Resources. C. Hazardous condition means the same as set out in Iowa Code Section 455B.381 (2) and in all applicable administrative rules of the Iowa Department of Natural Resources. D. Person having control over a hazardous substance means the same as set out in Iowa Code Section 455B.381 (8) and in all applicable administrative rules of the Iowa Department of Natural Resources. E. Clean-up means the same as set out in Iowa Code Section 455B.381 (6) and in all applicable administrative rules of the Iowa Department of Natural Resources. F. Treatment means a method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of a hazardous substance so as to neutralize it or render the substance non-hazardous, safe for transport, amenable for recovery, or suitable for storage, or to reduce it in volume. Treatment includes any activity or processing designed to change the physical form or chemical composition of a hazardous substance, to render it nonhazardous. In addition, all of the foregoing terms shall be construed in a manner consistent with the terms, purposes, and any definitions contained within the 28E Agreement for the Southeast Iowa Response Group, to which Monroe County is a party. SECTION 3. NOTICE REQUIRED Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking, or placing of a hazardous substance, so that it or a constituent enters the environment or is emitted into the air or discharged into any waters, including groundwaters, the person having control over the hazardous substance shall be responsible for proper clean-up and shall immediately notify the Fire Department having jurisdiction over the area involved. SECTION 4. CLEAN-UP REQUIRED Consistent with all applicable Federal and State statutes and administrative rules, the procedures established for clean-up of a hazardous condition shall be

82 implemented properly and completed by the person having control over the hazardous substance. SECTION 5. RESPONSIBILITY FOR COST The cost of clean-up of a hazardous condition shall be borne by the person having control over any hazardous substance involved. In the event more than one person has control over a hazardous substance involved, liability for clean-up cost shall be joint and several. If the bill for the clean-up services is not paid within thirty (30) days of its mailing to the responsible party (ies), the County Attorney shall proceed to collect payment by all legal means. SECTION 6. PENALITIES FOR VIOLATION Violation of any requirement of this ordinance shall constitute a county infraction under the terms of Iowa Code Section and violators shall be subject to each and every applicable penalty provided therein. SECTION 7. REPEALER All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; except that the provisions of this ordinance shall be construed to be consistent with and to effectuate the purposes of the 28E Agreement for the Southeast Iowa Response Group, to which Monroe County is a party. SECTION 8. SEVERABILITY In the event that any section or provision of this ordinance is declared void or voidable by a Court, statute, or otherwise, each and every other section and provision of this ordinance, in whole or part, shall remain in full force and effect and shall be unaffected thereby. SECTION 9. EFFECTIVE DATE This ordinance shall be in effect after its final approval and passage, and after publication as provided by law. THIS ORDINANCE IS DULY ADOPTED AND PASSED AS FOLLOWS: Read first time and passed: January 21, 1991 Read second time and passed: January 23, 1991 Read third time and adopted: January 25, 1991 MONROE COUNTY, IOWA By: By: By: Michael R. Beary Chairman, Board of Supervisors Billy K. Myers Member, Board of Supervisors Dennis J. Ryan Member, Board of Supervisors ATTEST: Catharine M. Brothers Monroe County Auditor

83 ORDINANCE NO. 10 AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE MONROE COUNTY URBAN RENEWAL AREA, PURSUANT TO SECTION OF THE CODE OF IOWA BE IT ENACTED by the Board of Supervisors of Monroe County, Iowa: SECTION 1. PURPOSE. The purpose of this ordinance is to provide for the division of taxes levied on certain taxable property in Monroe County Urban Renewal Area, each year by and for the benefit of the state, county, school districts or other taxing districts after the effective date of this ordinance in order to create a special fund to pay the principal of and interest on loans, moneys advanced to or indebtedness, including bonds proposed to be issued by Monroe County to finance projects in such area. SECTION 2. DEFINITIONS. For use within this ordinance the following terms shall have the following meanings: County means Monroe County, Iowa. Tax Increment Area means all property located in Sections 1 and 12, Pleasant Township, Monroe County, which is zoned for industrial uses or purposes, said property having been included within the description of the Monroe County Urban Renewal Area contained in the Urban Renewal Plan approved by the Board of Supervisors by resolution adopted on December 16, SECTION 3. PROVISIONS FOR DIVISON OF TAXES LEVIED ON TAXABLE PROPERTY IN THE TAX INCREMENT AREA. After the effective date of this ordinance, the taxes levied on the taxable property in the Tax Increment Area each year by and for the benefit of the State of Iowa, the County and any school district or other taxing district in which the Tax Increment Area is located, shall be divided as follows: (a) that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Tax Increment Area as shown on the assessment roll as of January 1, 1990, shall be allocated to and when collected to be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all others property taxes are paid. For the purpose of allocating taxes levied by or for any taxing district which did not include the territory in the Tax Increment Area on the effective date of this ordinance, but to which the territory has been annexed or otherwise included after the effective date, the assessment roll as of January 1, 1990, shall be used in determining the assessed valuation of the taxable property in the Tax Increment Area on the effective date. (b) That portion of the taxes each year in excess of such amounts shall be allocated to and when collected be paid into a special fund of the County to pay the principal of and interest on loans, moneys advanced to or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under the authority of Section (1), of the Code of Iowa, incurred by the County to finance or refinance, in whole or in part, projects in the Tax Increment Area, except that taxes for

84 SECTION 4. REPEALER. the payment of bonds and interest of each taxing district shall be collected against all taxable property within the taxing district without limitation by the provisions of this ordinance. Unless and until the total assessed valuation of the taxable property in the Tax Increment Area exceeds the total assessed value of the taxable property in such area as shown by the assessment roll referred to in subsection (a) of this section, all of the taxes levied and collected upon the taxable property in the Tax Increment Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. When such loans, advances, indebtedness, and bonds, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the Tax Increment area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. (c) The portion of taxes mentioned in subsection (b) of this section and the special fund into which that portion shall be paid may be irrevocably pledged by the County for the payment of the principal and interest on loans, advances, bonds, issued under the authority of Section (1) of the Code of Iowa, or indebtedness incurred by the County to finance or refinance in whole or in part projects in the Tax Increment Area. (d) As used in this section, the word taxes includes, but is not limited to, all levies on an ad valorem basis upon land or real property. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. SAVING CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 6. EFFECTIVE DATE. This ordinance shall be effective after its final passage, approval and publication as provided by law. Passed by the Board of Supervisors of Monroe County, Iowa, the 20 th day of December, Michael R. Beary Chairperson Board of Supervisors Approved this 20 th day of December, Michael R. Beary Chairperson Board of Supervisors ATTEST: Catharine M. Brothers County Auditor

85 ATTEST: Catharine M. Brothers County Auditor This Ordinance was duly adopted and passed as follows: Read first time and passed December 18, 1991 Read second time and passed December 19, 1991 Final reading and passage December 20, 1991

86 ORDINANCE NO. 11 Title: AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF PERMITS FOR UTILITY LINE INSTALLATION AND THE COLLECTION OF INSPECTION FEES AND TO PROVIDE PENALTIES FOR VIOLATIONS. BE IT ENACTED BY THE BOARD OF SUPERVISORS: SECTION 1. PURPOSE. The purpose of this ordinance is to adopt provisions for the inspection and regulation of utility line installations, including the issuance of permits and the collection of inspection fees, and to provide penalties for the violation of this ordinance in order to protect public safety, health and welfare. SECTION 2. DEFINITIONS. For use in this ordinance, certain terms and words used herein shall be interpreted or defined as follows: 1. Applicant Includes a person, persons, company, corporation or governmental entity desirous of placing a utility line on or under the county s secondary road system. 2. Board of Supervisors Refers to the MONROE County Board of Supervisors. 3. County Refers to MONROE County, Iowa. 4. Utility Line Refers to a telecommunications, electric, gas, water or sewer line. SECTION 3. POWERS OF THE BOARD OF SUPERVISORS. An applicant shall not place a utility line on or under the secondary road system without a utility permit issued by the Board of Supervisors. An applicant shall not place a utility line on or under the secondary road system, which violates a utility permit issued by the Board of Supervisors. All jurisdiction and control over the issuance of a utility permit shall rest with the Board of Supervisors. SECTION 4. COUNTY ENGINEER TO ADMINISTER. The County Engineer may make such rules and regulations, not inconsistent with this ordinance, as are necessary to carry out the administration of this ordinance. The utility permit form, and all amendments thereto, shall be adopted by the Board of Supervisors by resolution. SECTION 5. AUTHORITY TO ESTABLISH. The Board of Supervisors is empowered to establish and require a utility permit under the authority of Iowa Code Chapters 306, 319, 320, 331, 477, 478, 479, 479A, and 480. SECTION 6. COUNTY INFRACTION. Violation of this ordinance is a county infraction under Iowa Code section , punishable by a civil penalty of $ for each violation. Each day that a violation occurs or is permitted to exist by the applicant constitutes a separate offense. SECTION 7. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof, not adjudged invalid or unconstitutional. SECTION 8. EFFECTIVE DATE.

87 This ordinance shall be in effect after its final passage, approval, and publication as provided by law. Passed and approved this 5 th day of January, Dennis J. Ryan Chairperson Board of Supervisors This Ordinance was duly adopted and passed as follows: Read first time and passed December 29, 1992 Read second time and passed January 4, 1993 Final reading and passage January 5, 1993 ATTEST: Catharine M. Brothers County Auditor /Seal Affixed /

88 Ordinance No. 12 An Ordinance Relating to On-Site Wastewater Treatment and Disposal System and Providing Penalties for Violations BE IN ENACTED by the Monroe County Board of Supervisors: SECTION 1. ENACTMENT. That the Board of Supervisors hereby enacts the following ordinance relating to on-site wastewater treatment disposal systems: Application of Rules: These rules are applicable only to on-site wastewater treatment disposal systems. Contractors performing work on on-site wastewater treatment and disposal systems which are located within Monroe County are required to either obtain and maintain all applicable permits for their customer s treatment and disposal system or obtain proof from the customer that such permits have been secured by the owner before the work on said systems begins Permit Procedures (a) Applications. Any person, firm or corporation desiring a permit for an on-site wastewater treatment and disposal system within Monroe County must file with the Monroe County Board of Health Department. The application stating therein, owner s name, location and other pertinent information as may be required. Applications for lateral absorption system in Monroe County shall be accompanied by a soil porosity test. Upon approval of this application by the Monroe County Health Board, the permit will be issued upon payment of the required fees to A.D.L.M. Environmental Health Board, who by a 28E agreement performs environmental health services for the Monroe County Board of Health. (b) Fees shall be established by resolution of the A.D.L.M. Environmental Health Advisory Board. (c) Display. The permit must be displayed so as to be plainly visible from the street or public roadway before and at all times during construction. This permit must be signed by the inspecting official upon final inspection. (d) Validity. Permits shall have validity for a maximum of twelve months from the time of issuance during which time the private sewage disposal system shall be completed. (e) Notification. The proper administrative authority will be notified orally one calendar day before the work is to be inspected or tested, excluding holidays. (f) Inspection. No part of any private sewage disposal system shall be used, covered, or so constructed so as to deny the mandatory final inspection by A.D.L.M. Environmental Health personnel Proof of Financial Responsibility: Proof of financial responsibility is required for on-site wastewater treatment and disposal system contractors. The purpose of this chapter is to promote and encourage public health and sanitation, and to promote good sanitation and engineering practices in Monroe County citizens. Monroe County does not guarantee the workmanship and quality of any work a private contractor performs on any on-site wastewater treatment and disposal system located in Monroe County, Iowa. Rather, Monroe County recognizes the need for properly permitted on-site wastewater treatment disposal systems which are approved and certified by the trained personnel from the Monroe County Health Department, and to that end the Monroe County Board of Health and the Monroe County Board of Supervisors will establish and enforce such rules as are necessary to ensure compliance with the permit procedure for on-site wastewater disposal systems by the citizens of Monroe County, Iowa. (a) Bond or letter of Credit required. A performance bond or letter of credit is required for all on-site wastewater treatment and disposal systems contractors who perform any new installation, or alteration, or repair work on an on-site wastewater treatment and disposal system within Monroe County. The bond or letter of credit is required to insure that no contractor works on an on-site wastewater treatment and disposal system within Monroe County without either obtaining for the customer the proper and necessary permits or obtaining proof that the proper and necessary permits have been secured by the owner of the on-site wastewater treatment within Monroe County.

89 (b) $1,000 bond or letter of credit is required to be filed with the Monroe County Board of Health. Any on-site wastewater treatment and disposal system contractor who performs work on any such system within Monroe County shall obtain and secure a One Thousand Dollar ($1,000) bond or letter of credit and file the same with the Monroe County Board of Health for each calendar year. (c) Any contractor who has on file with the Monroe County Board of Health a statement of financial responsibility, and who performs work on an on-site wastewater treatment and disposal system located within Monroe County without first securing the proper and necessary permits or securing from the customer proof that the necessary and proper permits have been secured, then the contractor risks forfeiture of his or her bond or letter of credit to the Monroe County Board of Health. However, at the next regular meeting of the County Board of Health if the contractor can show good cause why the letter of credit or bond should not be forfeited, and if such good cause is shown by compelling evidence and the County Board of Health finds by a vote of the members that such evidence does exist, then said bond or letter of credit shall not be forfeited Penalties (a) Any person who violates any provision of this chapter or the rules of the local board or any lawful order of said board, its officers, or authorized agents shall be guilty of a simple misdemeanor. Each additional day of neglect or failure to comply with such provision, rule or lawful order after notice of violation by the local board shall constitute a separate offense. (Iowa Code Section ) (b) Each violation of any provision of this ordinance shall be deemed a simple misdemeanor punishable by fine or imprisonment not to exceed the amounts established by the provisions set forth in Section (2), Code of Iowa. Each day due to imprisonment is a violation of this ordinance and shall constitute a new and separate offense. (c) Each violation of any provision of this ordinance is classified as a county civil infraction punishable by a civil penalty in the amount not to exceed the amount set forth in Sections and (15), Code of Iowa, or if the violation is a repeat offense, a civil penalty not to exceed the amount set forth in Sections and (15), Code of Iowa, fee for repeat offense. SECTION 2. ADOPTION OF EXISTING CODE. The provisions of: Environmental Protection (567) Chapter 69 entitled ON-SITE WASTEWATER TREATMENT AND DISPOSAL SYSTEMS of the Iowa Administrative Code is hereby adopted and made a part of this Ordinance as if set out in full. A copy of the provisions of said Chapter 69 is attached hereto. (Iowa Code Section (11)) SECTION 3. REPEALER. All Ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided for by law.. Passed and approved by the Board of Supervisors of Monroe County, Iowa this 9 th day of March, 1993 and approved this 9 th day of March, MONROE COUNTY, IOWA By: Dennis J. Ryan Dennis J. Ryan, Chairman

90 ATTEST: Catharine M. Brothers Catharine M. Brothers, Auditor Read first time and passed: March 2, 1993 Read second time and passed: March 5, 1993 Final reading and passage: March 9, 1993 Date of Publication: March 11, 1993 Amendment to Ordinance passed and approved by the Board of Supervisors of Monroe County, Iowa the 16 th day of April, ATTEST: Jeannie Bettis JEANNIE BETTIS, Monroe Co. Auditor Paul V. Koffman PAUL V. KOFFMAN, Chairman Monroe County Board of Supervisors I, Jeannie Bettis, Monroe County Auditor, certify the foregoing Amendment to Ordinance No. 12 An Ordinance Relating to On-Site Wastewater Treatment and Disposal System and Providing Penalties for Violations was published on April 18, Passage of Amendment to Ordinance No. 12 First Reading April 9, 2002 Second Reading April 16, 2002 Third Reading Waived April 16, 2002 Final Consideration & Passage April 16, 2002 Jeannie Bettis JEANNIE BETTIS, Monroe Co. Auditor Proposed Amendment to Ordinance No. 12 published March 28, 2002 and April 2, 2002.

91 ORDINANCE NO. 13 AN ORDINANCE implementing this county s responsibilities in issuing siting permits for solid waste landfills and provide for proper operation of these facilities; closure of these facilities; waste reduction at the source; protection of the environment and ground water; assessment of fees; and to provide penalties for violations. BE IT ORDAINED BY THE MONROE COUNTY BOARD OF SUPERVISORS: SECTION 1. PURPOSE. The purpose of this ordinance is to implement the county s responsibilities to issue siting permits under Section 455B.305A, The Code for solid waste landfills; to regulate their operation as required in Section 455B.302, The Code; reduction of waste deposited in solid waste landfills as provided in Chapter 455D, The Code; and to protect the ground water of this county as provided in Chapter 455E, The Code. SECTION 2. DECLARATION OF POLICY. The Board of Supervisors has the obligation to provide for a supply of safe and potable water for its residents and to otherwise protect the environment of this county for the health, safety, and welfare of the residents. Disposal of solid waste in a sanitary landfill has the potential to contaminate ground water and otherwise damage the environment. Landfills are, thus, the least desirable way to dispose of solid waste. In order to fulfill its obligation, the Board finds that this ordinance is necessary to regulate the siting, establishment, and operation of sanitary landfills, and other sanitary disposal projects. SECTION 3. DEFINITIONS. The following terms used in this ordinance shall mean: a. Municipality means a county or city. b. Joint Municipal Enterprise (JME) means an association pursuant to Chapter 28E, The Code, by municipalities to implement any of the purposes of Chapter 455B, 455D, and 455E, The Code. c. Joint Municipal Private Enterprise (JMPE) means an association pursuant to chapter 28E, The Code by municipalities and private organizations, whether for profit or non-profit, to implement any of the purposes of Chapter 455B, 455D, 455E, The Code. d. Private organization means any entity whether for profit or non-profit, other than a municipality, jointly and severally. e. Owner means a person, firm, corporation, or other entity, jointly and severally, that has an interest in real property that is a sanitary landfill or other sanitary disposal project. f. Operator means a person, firm, corporation or other entity, jointly and severally, which operates a sanitary landfill or sanitary disposal project. g. Waste Provider means a municipality and any other person, firm, corporation, or other entity that provides waste to a sanitary landfill or sanitary disposal project. h. Rules and regulations mean any applicable rules, regulations, and directives of the Iowa Department of Natural Resources (DNR), the Federal Environmental Protection Agency (EPA), and this county. i. Transfer Stations means a place where solid waste is temporarily collected, stored, or combined with other solid waste for the purpose of transportation to a sanitary landfill or other sanitary disposal project. j. The definition of terms as defined in Section 455B.301, 455D.1, and 455E.2, The Code shall have the same meaning as in this ordinance. SECTION 4. ACTS PROHIBITED. It shall be unlawful for any person, firm, corporation or other entity to place, discard, or dispose of solid waste as defined in Section 455B.301 (20), The Code at any place within

92 this county unless the Board of Supervisors shall have issued a siting permit or a transfer station permit pursuant to this ordinance. SECTION 5. APPLICATION FOR PERMIT. Any person, firm, corporation, municipality, JME, JMPE, private organization or other entity desirous of placing, discarding, or disposing of solid waste within this county outside the corporate limits of a city shall apply to the Board of Supervisors for a permit to engage in such activity. The applicant shall in the application or otherwise provide the Board with the following: 1. The name, address, social security number or federal identification number of all parties with an interest in the real estate to be utilized. If a corporation (profit or non-profit), the articles of incorporation, bylaws, certificate of incorporation, and names and addresses of all officers and directors shall be provided. If a chapter 28E organization, a true copy of the agreement shall be provided. 2. A legal description of the property to be utilized, its location, and number of acres to be utilized. 3. The name, address, social security number or federal identification number of all parties that will be involved in the operation of the facility. If a corporation (profit or non-profit) or a 28E organization the same information as requested in one (1) above shall be supplied. 4. The projected life, in years, of the landfill. 5. The total capacity, in tons, of the facility; the projected number of average tons to be received daily; and the hours per day and days per week the facility will receive solid waste. 6. The area contemplated to be served. 7. Identification of the probable customers for municipal waste, commercial waste, and industrial waste. 8. A list of the equipment to be used and available on the site continuously for operation of the facility. 9. An organization chart of the personnel or positions to be needed. 10. A job description of each position. 11. A three year projection, on a yearly basis, of the various costs of operation and the gross income to be received. 12. A three year continuancy plan, year by year, for reduction of costs if the gross income falls below projections. 13. If either the owner or operator is an entity other than a municipality or JME a financial statement certified by a certified public accountant that the combined net worth of the owner and operator under general accounting principals is at least $10,000,000. If the applicant establishes that this amount of net worth is more than reasonably needed to maintain the applicant s ability to properly operate the facility and to timely respond to any corrective action directed to include on-site and off-site contamination, the Board may reduce this amount to an amount that will reasonably insure compliance. If, upon evaluation of the application, the Board determines that the amount of net worth should be increased from this amount, it may increase it to the reasonable amount determined to be needed. If a permit is issued, the net worth established shall be maintained and a yearly financial statement certified by a certified public accountant furnished to the Board. If a municipality or JME the method and obligation of the participants to fund the facility to include mandatory yearly or fiscal funding in the event the volume of waste is insufficient to meet this obligation. A municipality and each member of a JME acknowledge in writing as part and parcel of the 28E agreement that each member, jointly and severally, accepts full liability for the project. 14. If the owner or operator is an entity other than a municipality or JME, proof that a surety bond has been obtained from an insurance company licensed to do business in Iowa as required by Section 455B.302, The Code, in an amount equal to $1,000,000 plus fifteen cents per ton of capacity in excess of 1,000,000 tons. In lieu of this surety bond, the applicant may provide a financial assurance instrument acceptable to the Board.

93 15. Proof that an escrow account has been established in a minimum amount of $50,000 upon which the Board is authorized to draw to pay for the costs it incurs in evaluating the application. If these funds are thus depleted prior to the Board completing its evaluation, the applicant shall deposit a further sum as determined by the Board or the review process shall cease and the application dismissed, without prejudice to refiling. Any sums remaining after the Board completes its review process shall be returned to the applicant. 16. Proof of compliance with all requirements, rules, and regulations of the DNR and EPA for the facility. 17. If the application is for a sanitary landfill, documentation that a landfill is needed as an alternative disposal method and why the hierarchy established in Section 455.B.301A, The Code is insufficient. 18. The comprehensive plan as required by Section 455B.306, The Code, and directives, rules, and regulations of the DNR to include the following: a. The plan by which waste from the contemplated service area will be reduced at its source by twenty five percent (25%) from three and one-half (3 ½) pounds of waster per person, per day as of July 1, 1988, by July 1, 1994, and fifty percent (50%) by July 1, 2000, as required by Section 455D.3, The Code. This requirement applies equally to waste generated outside this county as well as to waste generated within this county. b. The amounts per ton of waste to be placed in a trust fund for: (a) financial assurance; (b) maintenance; (c) methane gas monitoring; (d) cost of closure; and (e) monitoring for thirty (30) years after closure as well as a true copy of the trust instrument adopted for these purposes. This trust instrument shall provide (1) that the trustee or custodian of these funds is an entity separate and distinct from the owner and operator and must be acceptable to the Board; (2) the method by which these deposits or payments will be made; (3) the method by with the trustee or custodian will verify the accuracy of the deposits or payments; (4) that the funds can only be invested in the same manner as funds of Iowa municipalities; (5) that any interest earned shall become part of the funds; (6) that the funds are public funds and not monies of the owner or operator; (7) that these funds can only be utilized for the purposes provided for in the directives, rules, and regulations of the EPA, DNR, and this county upon the joint certification of the permittee and this county or by order or directive of the DNR; (8) that an accounting of these funds shall be rendered to the county, owner, and operator quarterly; (9) that the trustee or custodian shall receive a reasonable fee for services as approved by the county; and (10) any funds remaining 30 years after the facility has been closed, shall become the property of this county and deposited in its general fund. 19. Establish that the facility is necessary to accommodate the solid waste management needs of the area, which the project is intended to serve. 20. Establish that the project is designed, located, and proposed to be operated so that the public health, safety, and welfare will be protected. 21. Establish that the project is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property. 22. Establish that the plan of operations for the project is designed to minimize the damage to the surrounding area from fire, spills, or other operational accidents. 23. Establish that the traffic patterns to and from the project will not cause more damage or wear and tear upon this county s road system that it is now sustaining and that the traffic patterns are designed to minimize the impact on existing traffic flows. 24. If the operator is not a municipality, provide information regarding the previous operating experience of the operator and his, hers, or its subsidiaries

94 or parent corporation or entity in the area of solid waste management or related activities. 25. Any other information or documentation requested by the Board. SECTION 6. NOTICE TO ADJACENT PROPERTIES. An applicant shall, at least fourteen (14) days prior to filing an application for a siting permit, cause written notice of the application to be served either in person or by restricted certified mail on the owner of all property within the proposed local site area not solely owned by the applicant and on all of the property within two (2) miles in each direction of the lot line of the proposed local site property. The owners shall be determined based upon the tax records of this county and any adjacent county, if applicable. The applicant shall file proof of this notice with the Board. SECTION 7. PUBLISHED NOTICE The applicant shall publish written notice of his, hers, or its application for a siting permit in the official news paper of this county at least fourteen (14) days prior to the date of filing the application. The notice shall state the name and address of the applicant; the location of the proposed site, the nature and size of the development; the nature of the activity proposed; the probable life of the proposed activity; the date when the application for site approval will be submitted; and a description of the right of persons to comment on the request. The applicant shall file proof of publication with the Board. SECTION 8. NOTICE TO DNR AND PUBLIC COMMENT. The applicant shall file with the DNR a true copy of the application at least fourteen (14) days prior to its filing with the county. The applicant shall file proof of this filing with the Board. Any person may submit written comments concerning the appropriateness of the proposed site to the Board for its consideration no later than thirty (30) days after the date of the last public hearing. The application, other proof and documentation filed, and all public comments filed shall be open to public inspection and copying upon payment of the actual cost of reproduction during usual business hours. SECTION 9. DETERMINATION OF SUFFICIENCY OF APPLICATION. The Board shall, within fourteen (14) days of the filing of the application, determine if it complies with the requirements of this ordinance. If it determines it does not, the Board shall notify the applicant, in writing, of the deficiencies and what must be done to correct these deficiencies. If the applicant does not correct the within fourteen (14) days of receiving written notice, the application shall be automatically dismissed without prejudice to refiling the application in accordance with the requirement of this ordinance. SECTION 10. EVALUATION OF PROJECT. If the Board determines that the application is sufficient, it shall retain qualified engineers, environmentalist, attorneys, and other experts to advise it of the accuracy and adequacy of the statements and proof submitted with the application and of any other facts and circumstances bearing upon the application that should be considered by the Board. Written reports shall be received by the Board from these engineers, environmentalists, and other experts no later than seventy five (75) days from the date of filing the application. These services shall be paid from the escrow account established in Section 5 (15) upon certification by the Board. The Board shall furnish the applicant a copy of these reports, when received. These reports shall further be open to public inspection and copying upon payment of the actual costs of reproduction during usual business hours. SECTION 11. PUBLIC HEARING. The Board shall set a public hearing upon an application found to be sufficient between ninety (90) and one hundred twenty (120) days from the filing of the application. Notice of this hearing shall be published as provided in Section , The Code. At the hearing, the applicant shall first present his, hers, or its factual evidence to sustain the

95 application. Board members may question each witness. The public, as permitted by the chairperson of the Board, may ask questions. Other factual evidence or circumstances for the Board to consider shall then be presented by the county attorney. The Board and a representative of the applicant shall be permitted to ask questions. Members of the public, as permitted by the chairperson of the Board, may ask questions. Oral statements from members of the public shall then be received by the Board. SECTION 12. BOARD DECISION. The Board shall set a time to consider and decide whether or not the permit is to be granted within thirty (30) days of the close of the public hearing. This meeting shall be open to the public. However, the Board shall not receive any further evidence or comments from the applicant or the public. A majority vote of the Board shall be necessary for a decision. The Board shall cause its decision to be reduced to writing stating the reasons for its decision and executed by its chairperson within one hundred eighty (180) days of the filing of the application. A copy of the decision shall be sent to the applicant by ordinary mail. A copy of the written decision shall be available for public inspection and copying upon payment of the actual cost of reproduction during usual business hours. The decision of the Board shall be final. SECTION 13. APPLICATION AMENDMENT. In the event the applicant amends his application each time limit specified in this ordinance shall be extended by ninety (90) days from the date of the amended application. Only one amendment shall be permitted. SECTION 14. LENGTH OF PERMIT. A permit granted under this ordinance shall be effective for three (3) years from the date of issue. An application for renewal may be filed within six (6) months of the expiration date by re-offering the statements and proof in the original application or altering or changing them as the circumstances warrant. A public hearing and decision on a renewal application shall be conducted in the same way as that for the original issuance. SECTION 15. ISSUANCE OF PERMIT. The permit may include such special provisions pertaining to dust control, noise level, haul routes, hours of operation, and any other provision the Board determines is in the best interest of the county and the residents in the vicinity of the facility. The permit shall be issued in the name of the owners and operator, jointly. The owners and operator, jointly and severally, shall be responsible for the landfill and its operation in accordance with the rules and regulations of the EPA, DNR, and this county. The owner and operator, jointly and severally, shall be responsible and liable for any on-site or off-site contamination or pollution and to respond to any order of abatement, clean up, and compliance with rules and regulations issued by county, DNR, this county, or other appropriate agency. SECTION 16. INSPECTION. The sanitary landfill shall be subject to inspection by the county, DNR or other appropriate agency with or without notice to the permit holders. If violations are found, the permit holder shall be notified, in writing, of each violation and given thirty (30) days for correction. After the expiration of thirty (30) days, the facility shall be re-inspected. If the violations have not been corrected, the permit holder shall be notified, in writing of its failure and that the permit is subject to cancellation and revocation. SECTION 17. PERMIT REVOCATION. A permit shall be cancelled and revoked if it is found that the facility has received hazardous waste; failed to correct violations; the net worth of the owner and operator has fallen below $10,000,000; failed to remit tonnage fees to this county; failed to pay the trust account fees provided for in Section 5 (18) (b); or is otherwise creating an

96 immediate risk or hazard to the health, safety, and welfare of the residents in the vicinity of the facility or this county or adjacent counties. SECTION 18. HEARING ON REVOCATION. A permit can only be cancelled or revoked after a hearing before the Board of Supervisors and a finding, by a majority vote of the Board, that the permit holder has committed one of the grounds for revocation as provided in Section 17. The permit holder shall be served with a notice of hearing which shall state the grounds for revocation is sought. The hearing shall be held at least thirty (30) days, but not more than sixty (60) days after service of the notice. At the hearing evidence shall first be presented as to the grounds for revocation. The permit holder shall be permitted to cross examine any witnesses presented. The permit holder shall then be permitted to present what evidence and witnesses it shall desire. The supervisors shall be permitted to ask any question they desire. At the close of the hearing the Board shall set a time, date, and place for its deliberation and decision. SECTION 19. DECISION ON REVOCATION. At the Board s deliberation no other parties except the supervisors shall participate. The Board shall, by a majority vote, decide if the permittee shall be allowed to continue to operate the facility or if the permit is to be cancelled giving their reasons for either action. If the permittee is to be allowed to continue to operate, the Board may establish additional special provisions for the continued operation. The Board shall reduce its decision to writing and serve a copy upon the permittee. A copy of the written decision shall be available for public inspection and copying upon payment of the actual cost of reproduction during usual business hours. The decision of the Board shall be final. SECTION 20. FEE PAYABLE TO COUNTY. If the operator of the facility is a private entity or a JMPE that accepts waste from outside this county, a fee equal to $3.00 per ton commencing July 1, 1992, and thereafter the maximum fee allowed by law shall be paid to the county by the 15 th day of each month for the waste landfilled for the preceding month. This fee shall not apply to fly ash. The permittee shall render a full accounting of all waste and fees received to the county when making this remittance. SECTION 21. TRANSFER STATIONS. The Board of Supervisors may issue a permit for operation of a transfer station within this county in conjunction with the operation of a sanitary landfill or other sanitary disposal project. Application shall be on such forms as prescribed by the County Engineer and the transfer station shall be constructed, operated, and maintained in accordance with regulations promulgated by the County Engineer. Notice of violations and revocation of this permit shall be in the same manner as that for a sanitary landfill permit. SECTION 22. PROHIBITED ACTS. It shall be unlawful for any person, firm, corporation, other entity or a waste provider, to provide to a sanitary landfill yard waste, lead acid batteries, unprocessed tires, waste oil, and non degradable plastic grocery bags or trash bags and a landfill operator shall not knowingly place such waste in a sanitary landfill or other sanitary disposal project. Persons, firms, corporations, and all other entities shall separate yard waste from other solid waste. SECTION 23. PENALTY. Any person, firm, corporation, or other entity convicted of a violation of Sections 4, 21, or 22 of this ordinance shall be punished by a fine not to exceed $100 or by imprisonment in the county jail not to exceed 30 days.

97 SECTION 24. SEVERABILITY. If any provision of this ordinance is declared void, ineffective, or unconstitutional, the other provisions shall remain in full force and effect. SECTION 25. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its final passage and publication as provided for by law. Paul V. Koffman Chairperson Board of Supervisors ATTEST: Catharine M. Brothers County Auditor First reading and passed this 25 th day of January, Second reading and passed this 1 st day of February, Third reading and passed this 8 th day of February, Published this 17 th day of February, Published this 22 nd day of February, 1994.

98 ORDINANCE NO. 14 AN ORDINANCE REGULATING THE USE OF THE SEWAGE TREATMENT SYSTEM IN THE UNINCORPORATED TOWN OF AVERY, IOWA BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF MONROE COUNTY, IOWA: Article I Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: Section 1. Building Drain shall mean that part of the lowest horizontal piping of a drainage system, which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to a Building Sewer. Section 2. Building Sewer shall mean that part of the lowest horizontal pipe, which begins five (5) feet outside of the wall of a building and connects the Building Drain with the main sewer line. Section 3. runoff and sewage. Combined Sewer shall mean a sewer receiving both surface Section 4. Garbage shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce. Section 5. Industrial Wastes shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage. Section 6. Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater. Section 7. Person shall mean any individual, firm, company, association, society, corporation, or group. Section 8. ph shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Section 9. Properly Shredded Garbage shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers. Section 10. Public Sewer shall mean a sewer, which serves properties within the City. Section 11. Rathbun shall mean Rathbun Regional Water Association, Inc., its designated representatives, successors, or assigns. Section 12. Sanitary Sewer shall mean a sewer, which carries sewage, and to which storm, surface, and ground waters are not intentionally admitted. Section 13. Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present. Section 14. Sewage Treatment Plan shall mean any arrangement of devices and structures used for treating sewage.

99 Section 15. Sewage Works and Sewer Services shall mean all facilities and systems for collecting, pumping, treating, and disposing of sewage. Section 16. Section 17. Sewer shall mean a pipe or conduit for carrying sewage. Shall is mandatory; May is permissive. Section 18. Storm Drain (sometimes termed storm sewer ) shall mean a sewer, which carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water. Section 19. Suspended Solids shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. Section 20. Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently. Section 21. Town shall mean the unincorporated town of Avery, Iowa or its designated representatives. Section 22. representatives. County shall mean Monroe County, Iowa or its designated Article II Use of Public Sewers Required Section 1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property any human or animal excrement, garbage, or other objectionable waste. Section 2. It shall be unlawful to discharge any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. Section 3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. Section 4. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a sanitary or combined sewer, is hereby required at the owner s expense to install suitable toilet facilities therein, and to connect such facilities directly with said sewer in accordance with the provisions of this ordinance, within sixty (60) days after the date of notice to do so is given by Rathbun, provided that said public sewer is within one hundred (100) feet of the property line. Charges for sanitary sewer service will begin the date of said notice to connect to the public sewer. Article III Private Sewage Disposal Section 1. Only in instances where a public sanitary or combined sewer is not available under the provisions of Article II, Section 4, the building sewer shall be connected to a private sewage works complying with the provisions of this Article. Section 2. Before commencement of construction of a private sewage works the owner shall first obtain a written permit from the County. The applicant shall furnish any plans, specifications, and other information as are deemed necessary by the County.

100 Section 3. A permit for the private sewage works shall not become effective until the installation is completed to the satisfaction of the County. The County shall be allowed to inspect the work at any stage of construction. In addition, the applicant shall notify the County when the work is ready for final inspection and before any underground portions are covered. Section 4. The type, capacities, location, and layout of a private sewage works shall comply with all recommendations of the Department of Environmental Quality of the State of Iowa. No septic tank or cesspool shall be permitted to discharge to any natural outlet. Section 5. At such time as a public sewer becomes available to a property served by a private sewage works, a direct connection shall be made to the public sewer in compliance with Article II, Section 4 of this ordinance and any septic tanks, cesspools, and similar private sewage works shall be abandoned. Section 6. The owner shall be solely responsible for the operation and maintenance of any private sewage works. Article IV Building Sewers and Connections Section 1. No unauthorized person shall uncover, make any connections with or opening into, use alter, or disturb any public sewer or appurtenance thereof. Section 2. Before any connection is made to the public sewer, a permit for such connection must be obtained from Rathbun or its designated representative. Each connection to the main sewer shall be made to the fitting designated for that property and under the direct supervision of Rathbun. Section 3. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify Rathbun from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Section 4. A separate and independent building sewer shall be provided for every building; except where one building stands in the rear of another on an exterior lot, the building sewer from the front building may be extended to the rear building and the whole considered as one sewer when so approved by the Rathbun. Section 5. Old building sewers may be used in connection with new buildings only when they are found, upon examination and testing by Rathbun, to meet all requirements of this ordinance. Section 6. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of applicable rules and regulations adopted by Rathbun. Section 7. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means approved by Rathbun and discharged to the building sewer. Section 8. No person shall make connection of roof down spouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain, which in turn is connected directly or indirectly to a public sanitary sewer. Section 9. Installation of building drains and building sewers shall be completed to the satisfaction of Rathbun. Rathbun shall be allowed to inspect the work at any stage of construction. In addition, the applicant shall notify Rathbun when the work

101 is ready for final inspection and before any underground portions are covered. The connection shall be made under the supervision of Rathbun. Section 10. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public for hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the County. Article V Use of the Public Sewer Section 1. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Section 2. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer: a. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas; b. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, which inure or interfere with the sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant; c. Any waters or wastes having a ph lower than the level established by Rathbun, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works; d. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, tar, feathers, plastics, wood, un-ground garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders and; e. Any other limitations, which may be established by Rathbun. Section 3. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics which are restricted or limited, Rathbun may: a. Disconnect the connection to the public sewer; b. Reject the wastes; c. Require pretreatment to an acceptable condition for discharge to the public sewers; d. Require control over the quantities and rates of discharge, and/or; e. Require payment to cover the added cost of handling and treating the wastes not covered by existing sewer charges. Section 4. If Rathbun permits the pretreatment or equalization of waste flows, the plans, specifications, and any other pertinent information relating to proposed treatment facilities shall be submitted for the approval of Rathbun and no construction of such facilities shall be commenced until said approvals are obtained in writing. Section 5. Grease, oil, and sand interceptors shall be provided when in the opinion of Rathbun they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients. All interceptors shall be of a type and capacity approved by

102 Rathbun, and shall be located as to be readily and easily accessible for cleaning and inspection. Section 6. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in a satisfactory and effective operation by the owner at the owner s expense. Section 7. When required by Rathbun, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by Rathbun. The manhole shall be installed and maintained by the owner at owner s expense, and shall be maintained so as to be safe and accessible at all times. Section 8. No statement contained in this article shall be construed as preventing any special agreement or arrangement between Rathbun and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by Rathbun for treatment, subject to payment therefore, by the industrial concern. Article VI Protection from Damage Section 1. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment, which is part of the sewage works. Article VII Powers of Authority of Inspectors Section 1. Representatives of Rathbun shall be permitted to enter all public and private properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. Section 2. Duly authorized employees of Rathbun shall be permitted to enter all private properties through which the County or Rathbun holds a duly negotiated easement for the purposes of repair and maintenance of any portion of the sewage works lying within said easement. Article VIII Sewer and Connection Charges Section 1. All sewer charges levied by Rathbun shall constitute a lien upon the premises served and if not paid within sixty (60) days after due date, the charges shall be certified by the County Treasurer upon request by Rathbun and shall be collectible in the same manner as taxes. Section 2. During the initial construction of the sewage collection system and provided the owner has filed a written request for the construction of a building sewer line on forms provided by Rathbun, or its designee shall install the initial building sewer line and connection from the public sewer to within five (5) feet of the building. The owner shall be responsible for the final connection and any seeding, sodding, plantings, sidewalks, and driveway repairs. Once construction is completed, the owner shall accept the ownership, including the

103 use, operation, repair, maintenance, and replacement of the building sewer line from the building to public sewer main. Section 3. Except for connections made during the initial construction of the sewage collection system as provided by Section 2, any person desiring to connect or reconnect to the public sewer shall pay such charges as may be required by Rathbun to cover the cost of issuing the permit and supervising, regulating and inspecting the work. Article IX Penalties Section 1. Any person found to be violating any provision of this ordinance shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred dollars ($100), or be subject to imprisonment for a period not exceeding thirty (30) days for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. Section 2. Any person violating any of the provisions of this ordinance shall become liable to Rathbun for any expense, loss or damage occasioned Rathbun by reason of such violation. In addition, any person violating any of the provisions of this ordinance shall also become liable to the County for any expense, loss or damage occasioned by the County by reason of such violation. Section 3. As to any person violating any of the provisions of this ordinance or failing to pay the charges for the use of the sewer services, Rathbun shall have the right to terminate service to the premises until such time as the violation is cured or until all late charges assessed for the use of the sewer services are paid in full. Article X General Section 1. are hereby repealed. All ordinances or parts of ordinances in conflict herewith Section 2. The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance, which can be given effect without such invalid part or parts. Section 3. This ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. PASSED and APPROVED this 16 th day of September, Paul V. Koffman Chairman Board of Supervisors ATTEST: Catharine M. Brothers County Auditor Read first time and passed September 2, 1994 Proposed Ordinance published September 8 & 13, 1994

104 Read second time and passed September 16, 1994 Final passage September 16, 1994 Date of Publication September 20, 1994

105 ORDINANCE NO. 16 AN ORDINANCE SETTING FORTH CERTAIN RESTRICTIONS ON THE USE OF CEMETERIES LOCATED IN MONROE COUNTY BE IT ENACTED by the Monroe County Board of Supervisors: SECTION 1. PURPOSE. The purpose of this Ordinance is to amend the Code of Ordinances of Monroe County, Iowa by adding a new Ordinance prohibiting entering on cemetery property between the hours of sunset and sunrise and prohibiting vehicles from cemetery property. The County Board of Supervisors recognizes that numerous cemeteries, both large and small, are located in Monroe County. Due to their number and varied location, law enforcement authorities and other governmental authorities are not able to regularly patrol or regulate access to these properties. The Board of Supervisors also recognizes that as a result of the inability to regularly patrol and supervise these cemeteries there have been occasions when cemetery property in the county has been vandalized and damaged causing the expenditure of both public and private money to restore the cemetery to its original condition. The Board also recognizes that cemeteries within the county contain a measure of the heritage and history of the residents of the county and damage to property in those cemeteries robs future generations of information regarding their heritage. For all of these reasons the Board of Supervisors believes that a legitimate public interest would be served by limiting public access to cemeteries located within the county. SECTION 2. The Code of Ordinances of Monroe County, Iowa is hereby amended by adding a new Ordinance as follows: Ordinance No. 16 It shall be unlawful for any person to enter upon or in property used as a human cemetery between sunset and sunrise. It shall also be unlawful for any person to operate any motor vehicle in any human cemetery at any time, unless usage of such vehicle is for the purpose of maintaining a grave. A violation of this provision shall be punishable as a municipal infraction. SECTION 3. REPEALER CLAUSE. All ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION 5. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. I, Catharine M. Brothers, Monroe County Auditor, certify that the foregoing Ordinance No. 16 was published on the 19 th day of September, Catharine M. Brothers County Auditor PASSAGE OF ORDINANCE NO. 16 (Section )

106 FIRST READING August 29, 1995 SECOND READING September 6, 1995 FINAL CONSIDERATION AND PASSAGE September 6, 1995 Proposed Ordinance 16 published August 29, 1995 and August 31, 1995

107 Rural Addressing Ordinance 19 Monroe County, Iowa Part 1 INTRODUCTION DEFINITIONS. For use in this Ordinance, the following terms or words shall be interpreted or defined as follows: Addressing Official shall mean the Monroe County Official designated or appointed by the Monroe County 911 Service Board to administer the content of this Ordinance. For the purpose of this Ordinance, the Addressing Official shall be the County 911 system s Data Base Manager and the Manager s designee, if any. 911 Board shall mean the Monroe County 911 Service Board. Building shall mean any structure used or intended for supporting or sheltering any commercial use or occupancy. Engineer shall mean the Monroe County Engineer. Person shall mean any individual, firm, corporation, unincorporated association, or other entity. Part 2 GENERAL PROVISIONS ROAD SIGNS AND RESIDENTIAL MARKERS. Control of road signs and residential markers: 1. All road signs, post, and residential markers are and shall remain the property of the 911 Board. 2. No individual or entity may alter any road sign or residential marker without written permission of the 911 Board. 3. All road signs and posts shall be maintained by the Monroe County Secondary Road Department after initial installation. Any signs and post that need to be replaced will be provided by the 911 Board. 4. All residential markers must be clearly visible from the road. It is the responsibility of the resident to keep it clear from obstruction. 5. No sign, post, or residential marker may be moved from its original location without written permission of the 911 Board. 6. The residential marker numbering system shall be maintained by the Monroe County 911 Board or designee. The Monroe County 911 Board or designee shall assign numbers to any new residences constructed outside incorporated cities. 7. No one shall destroy or deface any sign, post, or residential marker belonging to the 911 Board. NEW STRUCTURES. Every person erecting a principal building on a parcel shall request an address number from the Monroe County 911 Coordinator. The Monroe County 911 Board will direct a designee to install the 911 sign except in private developments or subdivisions. The person requesting the address shall allow the 911 Board or its designee to place the 911 sign in the appropriate location. MAINTENANCE OF STREET ADDRESS SYSTEM. 1. The Monroe County 911 Board shall be responsible for the continued maintenance of this street address system in Monroe County. Duties shall include assignment of all new

108 addresses, updating addressing base maps, updating the reference maps that are available to the public, and other duties necessary to insure the effectiveness of the system. 2. The 911 Board or its designee may propose amendments at any time according to the statute set forth in Chapter 331 of the Code of Iowa. Part 3 ADMINISTRATION REPEALER. All Resolutions or Ordinances or parts of Resolutions or Ordinances in conflict with the provision of this Ordinance are hereby repealed. SEVERABILITY CLAUSE. If any section, provisions, or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Part 4 VIOLATIONS AND PENALTIES VIOLATIONS AND PENALTIES. Any person violating any of the provisions contained in this ordinance shall be deemed guilty of the county infraction. 1. Enforcement of a county infraction shall be pursuant to Section , Code of Iowa. 2. Each and every day that the violation is permitted to exist after notification shall constitute a separate offense. 3. Each separate provision of this Ordinance violated shall constitute a separate offense. 4. Seeking a civil penalty does not preclude seeking alternative relief from the court in the same action, including, but not limited to an order for abatement or cessation of the violation. 5. Nothing herein contained shall prevent the County from taking such other lawful action as necessary to prevent or remedy any violation. Part 5 ENACTMENT EFFECTIVE DATE. This Ordinance shall take effect on October 1, 1999, after final passage, approval and publication as provided by law. MONROE COUNTY BOARD OF SUPERVISORS Paul V. Koffman Paul V. Koffman, Chairman Dennis J. Ryan Dennis J. Ryan, Member Michael R. Beary Michael R. Beary, Member Attest: Jeannie Bettis Jeannie Bettis, Monroe Co. Auditor

109 Amendment to Ordinance No. 19 passed and approved by the Board of Supervisors of Monroe County, Iowa on the 16 th Day of April, MONROE COUNTY, IOWA Paul V. Koffman PAUL V. KOFFMAN, Chairman Monroe County Board of Supervisors ATTEST: Jeannie Bettis JEANNIE BETTIS, Monroe Co. Auditor I, Jeannie Bettis, Monroe County Auditor, certify the foregoing Amendment to Ordinance No. 19 Rural Addressing Ordinance was published April 18, Jeannie Bettis JEANNIE BETTIS, Monroe Co. Auditor Passage of Amendment to Ordinance No. 19 First Reading April 9, 2002 Second Reading April 16, 2002 Third Reading waived April 16, 2002 Final Consideration & Passage April 16, 2002 Proposed Amendment to Ordinance No. 19 published March 28, 2002 and April 2, 2002.

110 ORDINANCE NO. 22 AN ORDINANCE ESTABLISHING A CEMETERY COMMISSION IN MONROE COUNTY, IOWA BE IT ORDAINED AND ENACTED by the Supervisors of Monroe County, Iowa: Section 1. A Cemetery Commission is hereby established to assume jurisdiction and management of pioneer cemeteries in Monroe County, Iowa pursuant to Section , Code of Iowa. Section 2. The Commission shall consist of five persons, residents of Monroe County, Iowa appointed by the Board of Supervisors as follows: two of the members shall be appointed for a term expiring December 31, 2002: one for the term expiring December 31, 2003, and two for the term expiring December 31, Their successors in all cases shall be appointed for a term of three years and all appointments to fill vacancies shall be for the unexpired term. Section 3. The Commission shall select a Chairman, Vice Chairman, Secretary, Treasurer, and such other officers, as the Commission shall deem necessary. Section 4. The Commission shall have authority to establish rules and regulations governing its organization and procedures, as it shall deem necessary. Section 5. The Commission shall have all powers and duties relating to pioneer cemeteries which may otherwise be exercised by Township Trustees under the Code of Iowa, except the commission shall not have the authority to certify a tax levy. Section 6. The Commission shall submit a proposed budget including the amount of available funds and proposed expenditures to the Monroe County Auditor no later than January 15 of each year. Section 7. The Commissioners shall receive no compensation for their services as such, but may be reimbursed for necessary expenses incurred in the performance of their duties. Section 8. Should any part of this ordinance be held invalid, the remaining part shall be severable and shall continue to be in full force and effect. Section 9. All ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby repealed. Section 10. This ordinance shall take effect and be in full force and effect after its passage and publication as required by law. ATTEST: Jeannie Bettis Monroe County Auditor Paul V. Koffman Chairman Monroe County Board of Supervisors Passage of Ordinance No. 22 First Reading January 15, 2002 Second Reading January 21, 2002 Final Consideration & Passage January 21, 2002

111 Proposed Ordinance Published January 3, 2002 & January 8, 2002 I, Jeannie Bettis, Monroe County Auditor, certify the foregoing Ordinance No. 22 was published January 24, Jeannie Bettis County Auditor

112 SPEED RESTRICTION ORDINANCE Monroe County Ordinance No. 24 AN ORDINANCE RESTRICTING THE SPEED OF MOTOR VEHICLES ON SECONDARY ROADS IN Monroe COUNTY, IOWA. BE IT ENACTED by the Board of Supervisors of Monroe County, Iowa. SECTION I Short Title. This ordinance shall be known and may be cited as the Monroe County, Iowa Speed Restriction Ordinance. SECTION II Purpose. This ordinance empowers the Board of Supervisors of Monroe County, Iowa to establish speed restriction on secondary roads and the County Conservation Parkway road system within Monroe County, Iowa. SECTION III Definitions. For use in this ordinance certain terms or words used herein shall be interpreted or defined as follows: l. Secondary Road. Those roads under county jurisdiction. 2. Board. The Monroe County, Iowa Board of Supervisors. 3. County Conservation Parkways. Those parkways defined as county conservation parkways under Code of Iowa, Sec SECTION IV Authority. Monroe County Board recognizes that the Iowa Code sets speed limits on all roads and streets with respect to surfacing type and use. However, Iowa Code section (5) does provide for setting speed limits not listed in the code. SECTION V Special Speed Restrictions. The Board has determined on the basis of engineering and traffic investigations that the speed limits at the following secondary road locations are greater than is reasonable and proper under the conditions found to exist. The Board therefore determines and declares the reasonable and proper speed limit at the following secondary road locations, effective when appropriate signs giving notice of the speed limits are erected by the Board. SECTION VI Special 15 M.P.H. Speed Zones. A speed in excess of Fifteen (15) miles per hour shall be unlawful on any of the following designated roads or parts thereof: SECTION VII Special 20 M.P.H. Speed Zones. A speed in excess of Twenty (20) miles per hour shall be unlawful on any of the following designated roads or parts thereof: SECTION VIII Special 25 M.P.H. Speed Zones. A speed in excess of Twenty-five (25) miles per hour shall be unlawful on any of the following designated roads or parts thereof: SECTION IX Special 30 M.P.H. Speed Zones. A speed in excess of Thirty (30) miles per hour shall be unlawful on any of the following designated roads or parts thereof: SECTION X Special 35 M.P.H. Speed Zones. A speed in excess of Thirty-five (35) miles per hour shall be unlawful on any of the following designated roads or parts thereof: SECTION XI Special 40 M.P.H. Speed Zones. A speed in excess of Forty (40) miles per hour shall be unlawful on any of the following designated roads or parts thereof: SECTION XII Special 45 M.P.H. Speed Zones. A speed in excess of Forty-five (45) miles per hour shall be unlawful on any of the following designated roads or parts thereof:

113 County Road T61 from Iowa 137 South approximately 7800 to the E ¼ corner, Sec. 13, T73N, R16W, on the Monroe/Wapello County Line in Section 12 & 13, Pleasant Township. SECTION XIII Special 50 M.P.H. Speed Zones. A speed in excess of Fifty (50) miles per hour shall be unlawful on any of the following designated roads or parts thereof: SECTION XIV Penalties. Any person found in violation of this ordinance shall be guilty of a simple misdemeanor and subject to a fine as set forth in the current State of Iowa compendium of Scheduled violations and Scheduled fines. SECTION XV Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Ordinance #18 An Ordinance Restricting The Speed of Motor Vehicles on Secondary Roads in Monroe County, Iowa. SECTION XVI Severability Clause. If any section, provision, or part of this ordinance shall be adjudged unconstitutional or otherwise invalid, such adjudication shall not effect the validity of the ordinance as a whole or any section, provision, or part thereof not invalid or unconstitutional. SECTION XVII When Effective. This ordinance shall be effective after its final passage, approval, and publication as provided by law and erection of signs giving notice as provided by law. The ordinance shall be in effect after its final passage, approval and publication as provided provided by law. Passed this 19 th day of August, VOTE: Ayes: Koffman Beary Ryan Nayes: none Monroe County Board of Supervisors BY: Paul V. Koffman Paul V. Koffman, Chairman Attest: Jeannie Bettis Jeannie Bettis, Monroe County Auditor Passage of Ordinance No. 24 First Reading August 12, 2003

114 Second Reading August 19, 2003 Third Reading waived (August 19, 2003) Final Consideration & Passage August 19, 2003 Proposed Ordinance published August 5, 2003 and August 7, I, Jeannie Bettis, Monroe County Auditor, certify the foregoing Ordinance No. 24 was published August 19, 2003 and August 21, Jeannie Bettis Jeannie Bettis, Monroe County Auditor Wapello County Adopted by Resolution No on November 25 th, Please see attached resolution The ordinance shall be in effect after its final passage, approval and publication as provided provided by law. Passed this day of, VOTE: Ayes: Nayes: Wapello County Board of Supervisors BY:, Chairman Attest: County Auditor Passage of Ordinance First Reading, 2003 Second Reading, 2003 Third Reading, 2003 Final Consideration & Passage, 2003

115 Ordinance No. 25 An Ordinance Establishing a Local Option Sales and Services Tax in Monroe County, Iowa An ordinance establishing a Local Option Sales and Services tax applicable to transactions within the unincorporated areas of Monroe County; the incorporated areas of Albia City, Lovilia City and Melrose City, and the incorporated area that by resolution will have Local Option Tax collections for transactions within the incorporated area of Eddyville City; all located in Monroe County, Iowa. Be It Enacted by the Board of Supervisors of Monroe County, Iowa: Section 1. - Local Option Sales and Services Tax. There is imposed a local option sales and services tax applicable to transactions within, the unincorporated areas of Monroe County; the incorporated areas of Albia City, Lovilia City and Melrose City of Monroe County; and the incorporated area that by resolution will have Local Option Tax collections for transactions within the incorporated area of Eddyville City; all located in Monroe County, Iowa. The rate of the tax shall be 1% percent upon the gross receipts taxed under Chapter 422B-Local Option Tax, Division IV, of the Iowa Code in the following: The unincorporated areas of Monroe County; the incorporated areas of Albia City, Lovilia City and Melrose City; the incorporated area that by resolution will have Local Option Tax collections for transactions within the incorporated area of Eddyville City, all located in Monroe County, Iowa. The local sales and services tax is imposed on transactions occurring on or after January 1, 2004 within the unincorporated areas of Monroe County; the incorporated areas of Albia City, Lovilia City and Melrose City; the incorporated area that by resolution will have Local Option Tax collections for transactions within the incorporated area of Eddyville City, all located in Monroe County, Iowa. All persons required to collect state gross receipts taxes shall collect the tax. However, the tax shall not be imposed on the gross receipts from the sale of motor fuel or special fuel as defined in Chapter 324 of the Iowa Code, on the gross receipts from the rental of rooms, apartments, or sleeping quarters which are taxed under chapter 422A of the Iowa Code during the period the hotel and motel tax is imposed,(on the gross receipts from the sale of natural gas or electric energy in a city or county where the gross receipts are subject to a franchise fee or user fee during the period the franchise or user fee is imposed), on the gross receipts from the sale of a lottery ticket or share in a lottery game conducted pursuant to chapter 99E of the Iowa code, and on the sale or rental of tangible personal property described in section , subsections 26 and 27 of the Iowa code. All applicable provisions of the appropriate sections of Chapter 422, Division IV, of the Iowa Code are adopted by reference. Section 2. Effective Date. This ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed by the Board of Supervisors on this 16th day of September, VOTE AYES: Koffman Beary - Ryan NAYES: none BY: Paul V. Koffman Paul V. Koffman, Chairman Michael R. Beary Michael R. Beary, Member Dennis J. Ryan Dennis J. Ryan, Member ATTEST: Jeannie Bettis Jeannie Bettis, Monroe County Auditor Passage of Ordinance No. 25 First Reading September 12, 2003 Second Reading September 16, 2003 Third Reading waived (September 16, 2003) Final Consideration & Passage September 16, 2003 Proposed Ordinance No. 25 published September 2 & September 4, 2003.

116 . I, Jeannie Bettis, Monroe County Auditor, certify the foregoing Ordinance No.25 was published September 16 th & 18 th, Jeannie Bettis JEANNIE BETTIS, Monroe County Auditor

117 Ordinance No. 26 An Ordinance Establishing Area Service C Road Classification Monroe County, Iowa An ordinance establishing the Area Service "C" road classification in Monroe County, Iowa. BE IT ENACTED By the Board of Supervisors of Monroe County, Iowa: Section 1. PURPOSE The purpose of this ordinance is to classify certain roads on the area service system in the county as Area Service "C" roads so as to provide for a reduced level of maintenance effort and restricted access, pursuant to Iowa Code Section (2003). Section 2. DEFINITIONS For use in this ordinance, certain terms or words used herein shall be defined as follows: A. Board: Shall mean the Board of Supervisors of Monroe County B. County: Shall mean Monroe County C. County Engineer: Shall mean the County Engineer of Monroe County. Section 3. HOW ESTABLISHED A. RESOLUTION: Roads may be classified as Area Service "C" by resolution of the Board upon request by an adjoining landowner(s). The resolution shall specify the level of maintenance effort and the persons who will have access rights to the road. The resolution shall only allow access of the road to the owner, lessee, or person in lawful possession of any adjoining land, or the agent or employee of the owner, lessee, or person in lawful possession, to the agent or employee of any public utility, or to any peace officer, magistrate, or public employee whose duty it is to supervise the use or perform maintenance of the road. B. NOTICE OF ACTION: Upon a request, the County Engineer will prepare a petition, listing all property owners adjacent to the road segment, for the person requesting the change to get signatures. Upon return of the petition, the Board of Supervisors will evaluate the merits of the request and may decide to proceed. If all landowners did not sign the petition requesting the change, letters shall be sent by regular mail to all landowners adjacent to the road segment, requesting comments regarding the possible action. After fourteen (14) days the Board may take action on a petition to establish an Area Service "C" road, a notice of the proposed action, including the location of the Area service "C" road and the time and place of the meeting at which the Board proposes to take action on the petition, shall be published as provided in Iowa Code Section (2003). This notice shall also be given to all adjacent landowners by certified mail, return receipt requested. C. BOARD ACTION: At the meeting, the Board shall receive oral or written objections from any resident or property owner of the county. After all objections have been received and considered, the Board, at that meeting or a date to which it is adjourned, may take action on the petition after consultation with the County Engineer. Section 4. ACCESS Access to any Area Service "C" road shall be restricted by means of a gate or other barrier, as determined by the County Engineer. The gate, corner post, brace, and brace post, shall be purchased and installed by the County, and maintained by the adjoining landowners. If not maintained, the county may remove the gate. If locked, keys shall be provided to each adjacent landowner and the County Engineer.

118 Section 5. SIGNS Area Service "C" road shall have signs conforming to the Iowa State Sign Manual installed and maintained by the county at all access points to Area Service "C" roads from other public roads, to warn the public they are entering a section of road which has a lesser level of maintenance effort than other public roads, and to warn the public that access is limited. Section 6. TRESPASS Entering an Area Service "C" road without justification after being notified or requested to abstain from entering or to remove or vacate the road by any person lawfully allowed access shall be a trespass as defined in Section of the Code of Iowa (2003). Section 7. RECLASSIFICATION A road with an Area Service "C" classification shall retain the classification until such time as a petition for reclassification is submitted to the board. The petition shall be signed by one or more adjoining landowners. The Board shall approve or deny the request for reclassification within 60 days of the receipt of the petition. Section 8. POWERS OF THE BOARD All jurisdiction and control over Area Service "C" roads shall rest with the Board, pursuant to the Iowa code Section (2003). Section 9. EXEMPTION FROM LIABILITY As provided in Iowa Code Section (2003), the County and officers, agents, and employees of the County are not liable for injury to any person or for damage to any vehicle or equipment which occurs proximately as a result of the maintenance of a road which is classified as Area Service "C", if the road has been maintained to the level of maintenance effort described in the establishing resolution. Section 10. REPEALER All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 11. SEVERABILITY CLAUSE If any section, provision, or part of the ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 12. WHEN EFFECTIVE The ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed this 12th day of November, 2003 VOTE: Ayes: Koffman Beary - Ryan Nays: none

119 Monroe County Board of Supervisors BY: Paul V. Koffman Paul V. Koffman, Chairman Attest: _ Jeannie Bettis Jeannie Bettis, Monroe County Auditor Passage of Ordinance No.26 First Reading - November 6, 2003 Second Reading November 12, 2003 Final Consideration & Passage November 12, 2003 Proposed Ordinance Published October 28, 2003 & October 30, I, Jeannie Bettis, Monroe County Auditor, certify the foregoing Ordinance No. 26 was published November 13 & 18, Jeannie Bettis Jeannie Bettis, Monroe County Auditor

120 Ordinance No. 28 An ordinance establishing a School Local Option Sales and Services Tax applicable to transactions within the Albia Community, Eddyville-Blakesburg Community, Moravia Community and Russell Community School Districts of Monroe County, Iowa. Be It Enacted by the Board of Supervisors of Monroe County, Iowa: Section 1. - School Local Option Sales and Services Tax. There is imposed a local option sales and services tax applicable to transactions within, the Albia Community, Eddyville-Blakesburg Community, Moravia Community and the Russell Community School Districts of Monroe County, Iowa. The rate of the tax shall be one percent upon the gross receipts taxed under Iowa Code chapter 422, Division IV and 422E- School Local Option Tax, in the following Albia Community, Eddyville-Blakesburg Community, Moravia Community and Russell Community School Districts of Monroe County, Iowa. The School local sales services tax is imposed on transactions occurring on or after July 1, 2004 and ending June 30, 2014 within the Albia Community, Eddyville-Blakesburg Community, Moravia Community and Russell Community School Districts of Monroe County, Iowa. All persons required to collect state gross receipts taxes shall collect the tax. However, the tax shall not be imposed on the gross receipts from the sale of motor fuel or special fuel as defined in Chapter 324 of the Iowa Code, on the gross receipts from the rental of rooms, apartments, or sleeping quarters which are taxed under chapter 422A of the Iowa Code during the period the hotel and motel tax is imposed, on the gross receipts from the sale of a lottery ticket or share in a lottery game conducted pursuant to chapter 99E of the Iowa code, and on the sale or rental of tangible personal property described in section , subsections 26 and 27 of the Iowa code. All applicable provisions of the appropriate sections of Chapter 422, Division IV, of the Iowa Code are adopted by reference. law. Section 2. Effective Date. This ordinance shall be in effect after its final passage, approval and publication as provided by Passed by the Board of Supervisors on this 5th day of May, Vote: AYES - Beary - Ryan - (Koffman absent) NAYS - none MONROE COUNTY, IOWA Attest: Jeannie Bettis Jeannie Bettis, Monroe County Auditor absent Paul V. Koffman, Chairman Michael R. Beary Michael R. Beary, Vice Chairman Dennis J. Ryan Dennis J. Ryan, Member I certify the foregoing was published as Ordinance No. 28 on May 11 th & May 13th, Jeannie Bettis Jeannie Bettis, County Auditor PASSAGE OF ORDINANCE NO. 28 (Section ) FIRST READING _ April 27, 2004 SECOND READING May 5, 2004 THIRD READING (waived) FINAL CONSIDERATION May 5, 2004 AND PASSAGE Proposed Ordinance Published April 20 th & 22nd, 2004.

121

122 ORDINANCE No. 30 AN ORDINANCE ESTABLISHING THE POLICY AND LEVEL OF SERVICE IN RESPECT TO REMOVAL OF SNOW OR ICE AND MAINTENANCE OF MONROE COUNTY S SECONDARY ROADS DURING THE WINTER MONTHS (Repeal of Ordinance No. 27 adopted December 5, 2003) BE IT ENACTED by the Board of Supervisors of Monroe County, Iowa: Section 1. PURPOSE. The purpose of this ordinance is to repeal Ordinance No. 27 of Monroe County, Iowa and adopt a new ordinance to establish Monroe County s policy and level of service in respect to clearance of snow or ice and maintenance of its secondary road system during the winter months, as provided in Section , Code of Iowa. This policy and level of service are to be implemented within the amount of money budgeted for this service, and as contained in this County s secondary road budget as submitted to and approved by the Iowa Department of Transportation and adopted by the Board of Supervisors. Section 2. REPEAL OF ORDINANCE NO. 27. Ordinance No. 27 of Monroe County, Iowa relating to snow and ice removal is hereby repealed and the following adopted in lieu thereof: Monroe County Ordinance (Relating to snow and ice policy for secondary roads) Section 1. LEVEL OF SERVICE. Clearance of snow or ice and maintenance of the secondary road system during the winter months is primarily for the benefit of the local residents of this County. Each storm has individual characteristics and must be dealt with accordingly. The portion of the roadway improved for travel will have upon it snow and ice in a compacted condition. These conditions may be continuous, or they may be more concentrated on hills, in valleys, curves, and/or intersections. The County s existing snow removal equipment will be utilized for this purpose. On occasion County personnel may be rendered unavailable due to the requirements of the Omnibus Transportation Employee Testing Act of Except for emergencies as determined by the County Engineer s professional judgement, or his/her designee acting in his/her absence, on a case by case basis, all clearance of snow and ice, sanding, salting, and other maintenance respecting winter conditions shall be accomplished within the amount of money budgeted for this service and as practicable. The entire width of that portion of the road improved for travel may not be cleared of snow, ice, compacted snow and ice, or frost. Snow cleared from that part of the roadway improved for travel shall be placed on or in the adjacent shoulder, ditch or right-of-way. Snow can be expected to accumulate adjacent to the traveled portion to the extent that a motorist s sight distance to both the left and right may be greatly reduced or impaired. The snow removed from intersections will be piled in its corners in piles of unequal height. The lines of sight, sight distance, or visibility of motorists approaching these intersections may be greatly reduced or impaired. The County shall not be responsible for snow pushed or otherwise placed on the roadway or shoulder by others. Motorists shall drive their vehicles during these conditions with additional caution and watchfulness, especially in respect to the surface of the roadway, and reduced or impaired visibility, and are advised to reduce their speed at least 25 miles per hour below that legally permitted or advised under normal conditions. In respect to roadways that have only one lane open, further extreme watchfulness and caution should be exercised by the motorist, and speed should not exceed 10 miles per hour. During these conditions no additional warning or regulatory signs will be placed warning of impaired sight distances, visibility at intersections, road blockages, one-lane conditions, or that the road surface is slick or slippery, or what the advised speed should be. Section 2. SEQUENCE OF SERVICE. In the implementation of snow and ice removal and other maintenance of the County s secondary road system during the winter months, the County

123 Engineer, or designee shall select the actual sequence of roads to be cleared as provided for in this Section of this Ordinance, and shall determine when drifting, wind velocity, and additional snow or snowstorms require that the snow removal equipment be removed from the roadway, or that additional clearance of paved routes be accomplished prior to the clearance of gravel and dirt roads. The County Engineer s, professional judgement or designee s judgement shall prevail unless it is determined that it is clearly erroneous. A. Paved routes. (1) The initial effort will be to get all routes open to one-lane traffic as soon as possible. (2) After one-lane travel is possible, subsequent snow removal may be carried out during normal working hours. (3) The truck mounted plows and sanders may operate after normal hours if in the judgement of the County Engineer, or designee the public is served sufficiently to justify the extra expense of overtime. The trucks may be called off the road if snow and/or blowing snow reduce visibility to hazardous working conditions; in the judgment of the Engineer or designee. (4) When required, due to drifting snow, motor graders may be used to keep the paved roads open and the opening of gravel roads may be delayed. (5) It is not the policy of the County to provide a dry pavement condition. (6) After the roads have been plowed as provided in this section, intersections, hills, and curves may but not necessarily have placed on them salt, sand or other abrasive. These intersections, hills, and curves may be re-sanded, resalted, or have other abrasives replaced on them between storms, as County resources allow. This sequence of service may be performed after normal hours if in the judgment of the County Engineer or designee, the public is served sufficiently to justify the extra expense of overtime. There is no time limit after a snowstorm in which any of the above sequence of clearance, on paved or unpaved roads, shall take place. B. Unpaved Roads (1) The initial effort will be to get all routes opened to one-lane traffic as soon as possible after a storm has passed. (2) After one-lane travel is possible, subsequent snow removal may be carried out during normal working hours. (3) Motor graders and/or truck plows will not normally be in operation in darkness. Gravel roads may not be plowed if the wind is causing continual drifting. (4) After all A level roads are open to travel, requests for opening dirt roads for necessary livestock operations may be considered. C. Private Drives (1) The County will not clear snow from private drives. Normal snow removal operation may result in snow being deposited in private drives. Snow from private drives shall not be placed on the roadway or shoulders. (2) The County shall not replace or repair mailboxes destroyed or damaged during snow removal operations. (3) There is no time limit after a snowstorm in which any of the above sequence or clearance, on paved or unpaved roads, shall take place; however clearance will be effected as soon as possible as indicated in these policy guidelines. Section 3. LIMITATION OF SERVICE. The policy and level of service provided for in this Ordinance shall not include the performance of the following services.

124 A. Sanding, salting, or placing of other abrasives upon the roadway that are slick, slippery, and dangerous due to the formation of frost. B. Placing of additional warning or regulatory signs warning of impaired sight distances, visibility at intersections, road blockages, one-lane conditions, or that the road surface is slick or slippery, or what the advised speed should be. Section 4. EMERGENCY CONDITIONS. A. The sequence of service may be altered during Emergency conditions. An Emergency condition shall be considered as one where a loss of life is probable, where a serious injury has occurred, or where extensive loss of property is imminent. These conditions should be verified through the 911 Dispatcher or Sheriff s Office respectively, either during or after a snowstorm. The County may respond to all Emergency conditions, either during or after a snowstorm. Any person who makes a false report of an Emergency to an officer, official or employee of Monroe County or who causes a false report to be so made shall upon conviction, be subject to a fine of not more than $ or imprisonment of not more than 30 days in the County jail. B. The provisions of the Ordinance shall be further suspended in the event the Governor, by proclamation, implements the State disaster plan, or the Chairman of the Board of Supervisors, by proclamation, implements the County disaster plan. If such occurs, the County personnel and equipment shall be immediately subject to the direction of the Governor or Chairperson of the Board of Supervisors. SECTION 3. REPEALER CLAUSE. All ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION 5. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. Passed this 1st day of November, 2005 VOTE: Ayes: Beary - Ryan - Koffman Nays: none MONROE COUNTY, IOWA Paul V. Koffman Paul V. Koffman, Chairman Dennis J. Ryan Dennis J. Ryan, Member Michael R. Beary Michael R. Beary, Member Attest: Jeannie Bettis Jeannie Bettis, County Auditor

125 I certify the foregoing was published as Ordinance No. 30 on November 8 and 10, Jeannie Bettis Jeannie Bettis, County Auditor PASSAGE OF ORDINANCE NO. 30 (Section ) (relating to snow and ice policy for secondary roads) FIRST READING Oct_25,_2005 SECOND READING waived Nov. 1, 2005 THIRD READING waived Nov. 1, 2005 FINAL CONSIDERATION Nov. 1, 2005 AND PASSAGE Proposed Ordinance No. 30 Published October 11 & 13, 2005.

126 Ordinance No. 31 AN ORDINANCE DESIGNATING THE BOUNDARIES OF THE VOTING PRECINCTS OF MONROE COUNTY, IOWA (Repeal of Ord. No. 20 adopted Oct. 5, 2001) BE IT ENACTED by the Board of Supervisors of Monroe County, Iowa: SECTION 1. PURPOSE. The purpose of this Ordinance is to amend the Code of Ordinances of Monroe County, Iowa by adding a new Ordinance to establish the precinct boundaries of the election precincts lying outside the corporate limits in Monroe County, Iowa, as provided in Section 49.4, Code of Iowa. Federal HAVA (Help America Vote Act) Legislation adopted in 2002 requires every voting precinct to be fully handicap accessible and to be equipped with precinct-count voting equipment by January of The County Commissioner of Elections and the Board of Supervisors of Monroe County, Iowa have determined it necessary to reduce the number of polling places lying outside the corporate limits of Monroe County from six (6) to three (3). The County Commissioner of Elections and Board of Supervisors have determined that the reduction in the number of polling places will greatly reduce the costs to upgrade the polling places to be fully handicap accessible and purchase the required voting equipment. This change is being made in accordance with Section 49.8, Code of Iowa. SECTION 2. The Code of Ordinances of Monroe County, Iowa is hereby amended by adding a new Ordinance as follows: Ordinance No. 31 The precinct boundaries of those precincts lying within Monroe County, Iowa, outside of the corporate limits as provided in Section 49.4, Code of Iowa shall be as follows: Precinct No. 5 Troy, Mantua, Urbana, Monroe and Pleasant Townships: All that area lying within the township lines of Troy Township (excluding the City of Albia), Mantua Township, Urbana Township, Monroe Township and Pleasant Township (including that portion of Eddyville City lying in Monroe County) Monroe County, Iowa, as provided in Section 49.6, Code of Iowa. Precinct No. 6 Guilford, Bluff Creek, Cedar and Union Townships/City of Lovilia: All that area lying within the township lines of Guilford Township, Bluff Creek Township, Cedar Township and Union Township, including the City of Lovilia, Monroe County, Iowa, as provided in Section 49.6, Code of Iowa. Precinct No. 7 Franklin, Wayne and Jackson Townships/City of Melrose: All that area lying within the township lines of Franklin Township, Wayne Township and Jackson Township, including the City of Melrose, Monroe County, Iowa, as provided in Section 49.6, Code of Iowa. SECTION 3. REPEALER CLAUSE. All Ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. WHEN EFFECTIVE. This ordinance shall be in effect January 1, 2006, after its final passage, approval and publication as provided by law. Pass this 9 th day of November, 2005 VOTE: Ayes: Ryan - Koffman (Beary absent) Nays: none ATTEST: Jeannie Bettis Jeannie Bettis, Monroe Co. Auditor Paul V. Koffman Paul V. Koffman, Chairman Monroe County Board of Supervisor

127 I, certify the foregoing Ordinance No. 31 was published on November 17 and 22, Jeannie Bettis Jeannie Bettis, County Auditor Passage of Ordinance No. 31 (Section ) First Reading - November 1, 2005 Second Reading - November 9, 2005 Third Reading waived-nov.9, 2005 Final Consideration - November 9, 2005 & Passage Proposed Ordinance No.31 Published October 20 & 25, 2005

128 ORDINANCE NO. 32 AN ORDINANCE PROHIBITING SEX OFFENDERS FROM RESIDING WITHIN TWO THOUSAND FEET OF A SCHOOL, CHILD CARE FACILITY, PUBLIC PARK, PUBLIC PLAYGROUND, CHURCH OR PUBLIC LIBRARY SECTION 1. PURPOSE The purpose of this Ordinance is to provide for the safety and well being of all citizens of Monroe County, Iowa. SECTION 2. DEFINITIONS For the purpose of this Ordinance the following shall be defined as shown herein: A. Sex Offender - A person who has been convicted of a criminal offense against a minor, or an aggravated offense, sexually violent offense, or other relevant offense that involved a minor as set out in Chapter 692A of the Code of Iowa. B. Public Library - A room or building owned by Monroe County where a collection of books, periodicals, musical scores and similar materials are kept for reading or reference. C. Public Park - Any area of land owned by Monroe County, the State of Iowa, or any other governmental entity used for outdoor games and recreation. D. Public Playground - Any area of Land owned by Monroe County, the State of Iowa, or any governmental entity used for outdoor games and recreation. E. Child Care Facility - Means as defined in Iowa Code Section 237A.1 Presently defines Child Care Facility as a child care center, preschool or a registered child development home. F. School - Means Real property comprising a public or nonpublic elementary or secondary school. G. Church - Means real property or a building used for public worship. SECTION 3. RESIDENCY RESTRICTED A Sex Offender shall not reside within two thousand feet (2,000 ) of the real property comprising a school, child care facility, public park, public playground, church or a public library. SECTION 4. VIOLATION A Sex Offender who resides within two thousand feet (2,000 ) of the real property comprising a school, child facility, public park, public playground, public library or church commits a violation: 1 st offense aggravated misdemeanor; 2 nd offense class C felony, as set out in Chapter 692A, Code of Iowa. SECTION 5. EXCEPTIONS A Sex Offender residing within two thousand feet of the real property comprising a school, child care facility, public park, public playground, church or public library does not commit a violation of this Ordinance if any of the following apply: A. The Sex Offender is required to serve at a jail, prison, juvenile facility, or other correctional institution or facility. B. The Sex Offender is subject to an order of commitment under Chapter 229A of the Code of Iowa. C. The Sex Offender has established a residence prior to July 2, 2007 or a school, childcare facility, public library, public park, church or public playground is established on or after July 2, 2007, the effective date of this ordinance. D. The Sex Offender is a minor or a ward under guardianship. SECTION 6. REPEALER CLAUSE Any ordinance, provision or part thereof, which differs or is inconsistent with this ordinance is herby repealed, to the extent of said difference or inconsistency. SECTION 7. SEVERABILITY If any section, provision or part of this Ordinance shall be adjudged in invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 8. EFFECTIVE DATE this Ordinance shall be in effect from and after it s final passage, approval, posting and publication as required by law.

129 Introduced this _2 nd day of July, 2007, and adopted by the Monroe County Board of Supervisors this 2 nd day of July, VOTE: AYES: Beary - Ryan NAYS: none Absent: Koffman ATTEST: Jeannie Bettis JEANNIE BETTIS, Monroe Co. Auditor Michael R. Beary Michael R. Beary, Vice-Chairman I, Jeannie Bettis, Auditor of Monroe County, Iowa certify the foregoing was published as Ordinance No. 32 on the 3rd day of _July, 2007, as required by law. Jeannie Bettis JEANNIE BETTIS, Monroe County Auditor Passage of Ordinance No. 32 (Section ) First Reading - June 26, 2007 Second Reading - July 2, 2007 Third Reading - waived Final Consideration - July 2, 2007 & Passage Proposed Ordinance No.32 Published July 19 and July 21, 2007.

130 Ordinance No. 33 AN ORDINANCE ADOPTING THE CODE OF ORDINANCES OF MONROE COUNTY, IOWA, 2007 BE IT ENACTED by the Board of Supervisors of Monroe County, Iowa: SECTION 1. PURPOSE The purpose of this ordinance is to adopt the Monroe County Code of Ordinances as provided in Section , Code of Iowa. This ordinance re-adopts ordinances already in effect and repeals any ordinance deemed no longer necessary to the operation of Monroe County, Iowa, or to the health, safety, and welfare of its citizens. SECTION 2. ADOPTION OF THE CODE OF ORDINANCES OF MONROE COUNTY, IOWA Upon its review of the Ordinances of Monroe County, Iowa, the Board of Supervisors of Monroe County has determined the following ordinances and amendments to ordinances have been previously adopted and enacted into law, and were duly published as the law provides. The following ordinances, stated by number and summarized below, along with this ordinance shall become the Official Code of Ordinances for Monroe County, Iowa ORDINANCE NUMBER 1 TAX EXEMPTION ORDINANCE in its entirety Passed and Approved September 6, 1983 An ordinance of the Board of Supervisors of Monroe County, Iowa, providing for the partial exemption from property taxation of the actual value added to industrial real estate by the new construction of industrial real estate and the acquisition of or improvement to machinery and equipment assessed as real estate. ORDINANCE NUMBER 2 (repealed January 5, 1995) ORDINANCE NUMBER 3 AREA SERVICE SYSTEM B ROAD(SECONDARY ROADS) in its entirety Final Reading and Passage on January 29, 1986 An ordinance establishing the Area Service System B Road Classification in Monroe County, Iowa. ORDINANCE NUMBER 4 (amended June 29, 1988) ESTABLISHING REQUIREMENTS FOR LANDFILL OPERATION in its entirety Final Reading and Passage on September 17, amended June 29, 1988 An ordinance establishing requirements for the operation of Landfills within the County and providing enforcement mechanisms. ORDINANCE NUMBER 5 (repealed April 16, 2002) ORDINANCE NUMBER 6 (repealed September 20, 2005) ORDINANCE NUMBER 7 (amended September 14, 1990) MONROE COUNTY COMPREHENSIVE ZONING in its entirety Final reading and passage August 3, 1990 amended September 14, 1990 The purpose of this Ordinance is to promote public health, safety, comfort and general welfare; to conserve and protect property values; to encourage the most appropriate use of land through orderly development; to conserve and protect our natural resources; to facilitate adequate but economical provisions for public improvements; and to protect private property rights, all in accordance with and as permitted by the provisions of Chapter 358A, Code of Iowa (1989, as amended) ORDINANCE NUMBER 8 RELATING TO THE DISPOSAL OF YARD WASTES ON AND AFTER JAN. 1, 1991 in its entirety Final reading and passage December 27, 1990 The purpose of this ordinance is to provide for the orderly disposal of yard waste; to preserve scarce land available for sanitary landfills through waste reduction; and to further provide for the health, safety, and welfare of the people of Monroe County. This ordinance is intended to implement Iowa Code Section

131 455D.9 (as shown in Chapter 272, Section 9 of the 1989 Session Laws of the 73 rd Iowa General Assembly). ORDINANCE NUMBER 9 RELATING TO HAZARDOUS WASTE CLEAN UP AND COST OF CLEANUP in its entirety Final reading and passage January 25, 1991 In order to reduce the danger to public health, safety, and welfare from hazardous substances, procedures should be adopted by Monroe County to provide for the responsible clean up of hazardous conditions occurring within the County: the person having control over the hazardous waste or substances should be responsible for the clean up and costs of the clean up. ORDINANCE NUMBER 10 URBAN RENEWAL AREA in its entirety Final reading and passage December 20, 1991 An ordinance providing for the division of taxes levied on taxable property in the Monroe County urban renewal area, pursuant to Section of the Code of Iowa. ORDINANCE NUMBER 11 UTILITY LINE INSTALLATION AND FEES in its entirety Final reading and passage January 5, 1993 An ordinance providing for the issuance of permits for utility line installation and the collection of inspection fees and to provide penalties for violations. ORDINANCE NUMBER 12 (amended April 16, 2002) WASTEWATER TREATMENT AND DISPOSAL SYSTEM in its entirety Final reading and passage March 9,1993 amended April 16, 2002 An ordinance relating to on-site wastewater treatment and disposal system and providing penalties for violations. Amended Section Permit Procedures (a), (b) and (f), relating to applications, fees and inspections: and Section Penalties (b) and (c),relating to violations and penalties as set in the Code of Iowa, April 16, ORDINANCE NUMBER 13 ISSUING SITING PERMITS FOR SOLID WASTE LANDFILLS in its entirety Final reading and passage February 8, 1994 An ordinance implementing this county s responsibilities in issuing siting permits for solid waste landfills and provide for proper operation of these facilities; closure of these facilities; waste reduction at the source; protection of the environment and the ground water; assessment of fees; and to provide penalties for violations. ORDINANCE NUMBER 14 REGULATING THE USE OF SEWER TREATMENT AVERY in its entirety Final reading and passage September 16, 1994 An ordinance regulating the use of sewage treatment system in the unincorporated town of Avery, Iowa. ORDINANCE NUMBER 15 (repealed October 30, 2001) ORDINANCE NUMBER 16 CERTAIN RESTRICTIONS ON CEMETERIES IN MONROE COUNTY in its entirety Final reading and passage September 6, 1995 An ordinance setting for the certain restrictions on the use of cemeteries located in Monroe County. ORDINANCE NUMBER 17 (repealed November 12, 2003) ORDINANCE NUMBER 18 (repealed August 19, 2003)

132 ORDINANCE NUMBER 19 (amended April 16, 2002) RURAL ADDRESSING in its entirety Final reading and passage October 1, 1999 amended April 16, 2002 An ordinance establishing provisions, administration, and violations & penalties for rural addressing. Amended section NEW STRUCTURES ORDINANCE NUMBER 20 (repealed November 9, 2005) ORDINANCE NUMBER 21 (repealed December 5, 2003) ORDINANCE NUMBER 22 CEMETERY COMMISSION in its entirety Final reading and passage January 21, 2002 published January 24, 2002 An ordinance establishing a Cemetery Commission in Monroe County, Iowa and authorizing it s officers to establish rules and regulations governing its organization and procedures (powers and duties relating to pioneer cemeteries) ORDINANCE NUMBER 23 (repealed 2007) ORDINANCE NUMBER 24 SPEED RESTRICTION ORDINANCE in it s entirety Final reading and passage August 19, 2003 published August 19 & 21, 2003 An ordinance restricting the speed of motor vehicles on Secondary Roads in Monroe County, Iowa. ORDINANCE NUMBER 25 ESTABLISHING A LOCAL OPTION SALES AND SERVICES TAX IN MONROE COUNTY, IOWA in it s entirety Final reading and passage Sept. 16, 2003 published Sept. 16 & 18, 2003 An ordinance establishing a Local Option Sales and Services Tax in Monroe County, Iowa ORDINANCE NUMBER 26 AREA SERVICE C ROAD CLASSIFICATION IN MONROE COUNTY, IOWA- in it s entirety Final reading and passage Nov. 12, 2003 published Nov. 13 & 18, 2003 An ordinance establishing Area Service C Road Classification in Monroe County, Iowa ORDINANCE NUMBER 27 (repealed November 1, 2005) ORDINANCE NUMBER 28 ESTABLISHING A SCHOOL LOCAL OPTION SALES AND SERVICES TAX IN MONROE COUNTY, IOWA in it s entirety Final reading and passage May 5, 2004 published May 11 & 13, 2004 An ordinance establishing a School Local Option Sales and Services Tax applicable to transactions within the Albia Community, Eddyville-Blakesburg Community, Moravia Community and Russell Community School Districts of Monroe County, Iowa. ORDINANCE NUMBER 29 (amended Jan. 9, 2007) MONROE COUNTY UNIFIED DEVELOPMENT CODE in it s entirety Final reading and passage Sept. 20, 2005 published Oct. 4 & 6, 2005 An ordinance establishing the Monroe County Unified Development Code

133 ORDINANCE NUMBER 30 SNOW AND ICE REMOVAL & MAINTENANCE OF ORDINANCE SECONDARY ROADS DURING WINTER MONTHS IN MONROE COUNTY, IOWA in its entirety Final reading and passage Nov. 1, 2005 published Nov. 8 & 10, 2005 An ordinance establishing the Policy and Level of Service in Respect to Removal of Snow or Ice and Maintenance of Monroe County s Secondary Roads During Winter Months ORDINANCE NUMBER 31 DESIGNATING VOTING PRECINCT BOUNDARIES IN MONROE COUNTY, IOWA in it s entirety Final reading and passage Nov. 9, 2005 published Nov. 17 & 22, An ordinance designating the Boundaries of the Voting Precincts of Monroe County, Iowa lying outside of the corporate limits in Monroe County, as provided in Section 49.4 of the Code of Iowa and to comply with HAVA Legislation adopted in 2002 requiring all voting precincts be fully handicap accessible. (Section 49.8 Code of Iowa) ORDINANCE NUMBER 32 PROHIBITING SEX OFFENDERS FROM RESIDING WITHIN TWO THOUSAND FEET OF A SCHOOL, CHILD CARE FACILITY, PULIC PARK, PUBLIC PLAYGROUND, CHURCH OR PUBLIC LIBRARY Final reading and passage July 2, 2007 published July 3 & 5, An ordinance providing for the safety and well being of all citizens of Monroe County, Iowa by prohibiting sex offenders from residing within two thousand feet of the real property comprising a school, child care facility, public park, public playground, church or a public library. SECTION 3. REPEALER CLAUSE. All Ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. An official copy of the Code of Ordinances of Monroe County, Iowa, 2007, adopted by this ordinance, including a certificate of the County Auditor as to its adoption and the effective date, is on file in the Office of County Auditor, 10 Benton Ave. East, Albia, Iowa, Monday through Friday, 8:00 a.m. to 4:00 p.m., and shall be kept available for public inspection. SECTION 6. EFFECTIVE DATE. All provisions of the Code of Ordinances of Monroe County, Iowa, 2007 shall be in force and effect on and after the effective date of this ordinance. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed and approved by the Board of Supervisors the 23 rd Day of October, MONROE COUNTY, IOWA _/s/ Paul V. Koffman PAUL V. KOFFMAN, Chairman Monroe County Board of Supervisors ATTEST: /s/ Jeannie Bettis JEANNIE BETTIS, Monroe Co. Auditor

134 I, Jeannie Bettis, Monroe County Auditor, certify the foregoing Ordinance No. 33_, An Ordinance Adopting the Monroe County Code of Ordinances 2007 was published Oct. 25, 2007 & Oct. 30, /s/ Jeannie Bettis JEANNIE BETTIS, Monroe Co. Auditor Passage of Ordinance No. 33_ First Reading - Oct. 16, 2007 Second Reading - waived Third Reading - waived Final Consideration & Passage - Oct. 23, 2007 Proposed Ordinance No. 33_ An Ordinance Adopting the Monroe County Code of Ordinances 2007 was published _Oct. 4, 2007 and Oct. 9, 2007.

135 ORDINANCE NO. 34 AN ORDINANCE REGULATING THE USE OF THE WASTE WATER SEWAGE TREATMENT SYSTEM IN MONROE COUNTY, IOWA. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF MONROE COUNTY, IOWA: Article I Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: Section 1. Building Drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to a Building Sewer. Section 2. Building Sewer shall mean that part of the lowest horizontal pipe which begins five (5) feet outside of the wall of a building and connects the Building Drain with the main sewer line. Section 3. Combined Sewer shall mean a sewer receiving both surface runoff and sewage. Section 4. Garbage shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce. Section 5. Industrial Wastes shall mean the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. Section 6. Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater. Section 7. Person shall mean any individual, firm, company, association, society, corporation or group. Section 8. ph shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Section 9. Properly Shredded Garbage shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers. Section 10. Public Sewer shall mean a sewer which serves properties within the City. Section 11. ADLM FMS shall mean ADLM Facilities Management Systems, its designated representatives, successors or assigns. Section 12. Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. Section 13. Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present. Section 14. Sewage Treatment Plan shall mean any arrangement of devices and structures used for treating sewage. Section 15. Sewage Works and Sewer Services shall mean all facilities and systems for collecting, pumping, treating and disposing of sewage. Section 16. Sewer shall mean a pipe or conduit for carrying sewage. Section 17. Shall is mandatory; May is permissive. Page 1 of 6

136 Section 18. Storm Drain (sometimes termed storm sewer ) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water. Section 19. Suspended Solids shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering. Section 20. Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently. Section 21. Town shall mean the unincorporated towns of Monroe County, Iowa, or its designated representatives. Section 22. County shall mean Monroe County, Iowa or its designated representatives. Article II Use of Public Sewers Required Section 1. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property and human or animal excrement, garbage or other objectionable waste. Section 2. It shall be unlawful to discharge any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. Section 3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. Section 4. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes abutting on any street, alley or right-of-way in which there is now located or may in the future be located a sanitary or combined sewer, is hereby required at the owner s expense to install suitable toilet facilities therein, and to connect such facilities directly with said sewer in accordance with the provisions of this ordinance, within sixty (60) days after the date of notice to do so is given by ADLM FMS, provided that said public sewer is within three hundred (300) feet of the property line. Charges for sanitary sewer service will begin the date of said notice to connect to the public sewer. Article III Private Sewage Disposal Section 1. Only in instances where a public sanitary or combined sewer is not available under the provisions of Article II, Section 4, the building sewer shall be connected to a private sewage works complying with the provisions of this Article. Section 2. Before commencement of construction of a private sewage works the owner shall first obtain a written permit from the County. The applicant shall furnish any plans, specifications and other information as are deemed necessary by the County. Section 3. A permit for the private sewage works shall not become effective until the installation is completed to the satisfaction of the County. The County shall be allowed to inspect the work at any stage of construction. In addition, the applicant shall notify the County when the work is ready for final inspection and before any underground portions are covered. Section 4. The type, capacities, location and layout of a private sewage works shall comply with all recommendations of the Department of Environmental Quality of the State of Iowa. No septic tank or cesspool shall be permitted to discharge to any natural outlet. Section 5. At such time as a public sewer becomes available to a property served by a private sewage works, a direct connection shall be made to the public sewer in compliance with Article Page 2 of 6

137 II, Section 4 of this ordinance and any septic tanks, cesspools and similar private sewage works shall be abandoned. Section 6. The owner shall be solely responsible for the operation and maintenance of any private sewage works. Article IV Building Sewers and Connections Section 1. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof. Section 2. Before any connection is made to the public sewer, a permit for such connection must be obtained from ADLM FMS or its designated representative. Each connection to the main sewer shall be made to the fitting designated for that property and under the direct supervision of ADLM FMS. Section 3. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify ADLM FMS from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Section 4. A separate and independent building sewer shall be provided for every building; except where one building stands in the rear of another on an exterior lot, the building sewer from the front building may be extended to the rear building and the whole considered as one sewer when so approved by ADLM FMS. Section 5. Old building sewers may be used in connection with new buildings only when they are found, upon examination and testing by ADLM FMS, to meet all requirements of this ordinance. Section 6. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of applicable rules and regulations adopted by ADLM FMS. Section 7. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means approved by ADLM FMS and discharged to the building sewer. Section 8. No person shall make connection of roof down spouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. Section 9. Installation of building drains and building sewers shall be completed to the satisfaction of ADLM FMS. ADLM FMS shall be allowed to inspect the work at any stage of construction. In addition, the applicant shall notify ADLM FMS when the work is ready for final inspection and before any underground portions are covered. The connection shall be made under the supervision of ADLM FMS. Section 10. All excavations for building sewer installation shall be adequately guarded with barricades and light so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the County. Article V Use of the Public Sewer Section 1. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Page 3 of 6

138 Section 2. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer: a. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solids or gas; b. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, which inure or interfere with the sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant; c. Any waters or wastes having a ph lower than the level established by ADLM FMS, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works; d. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, tar, feathers, plastics, wood, unground garbage, whole blood, paunch manure, hair, and fleshing, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders; and e. Any other limitations which may be established by ADLM FMS. Section 3. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers which waters contain the substances or possess the characteristics which are restricted or limited, ADLM FMS may: a. Disconnect the connection to the public sewer; b. Reject the wastes; c. Require pretreatment to an acceptable condition for discharge to the public sewers; d. Require control over the quantities and rates of discharge, and/or; e. Require payment to cover the added cost of handling and treating the wastes not covered by existing sewer charges. Section 4. If ADLM FMS permits the pretreatment or equalization of waste flows, the plans, specifications and any other pertinent information relating to proposed treatment facilities shall be submitted for the approval of ADLM FMS and no construction of such facilities shall be commenced until said approvals are obtained in writing. Section 5. Grease, oil and sand interceptors shall be provided when in the opinion of ADLM FMS they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients. All interceptors shall be of a type and capacity approved by ADLM FMS, and shall be located as to be readily and easily accessible for cleaning and inspection. Section 6. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in a satisfactory and effective operation by the owner at the owner s expense. Section 7. When required by ADLM FMS, the owner of any property serviced by building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by ADLM FMS. The manhole shall be installed and maintained by the owner s expense, and shall be maintained so as to be sage and accessible at all times. Section 8. No statement contained in this article shall be construed as preventing any special agreement or arrangement between ADLM FMS and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by ADLM FMS for treatment, subject to payment therefore, by the industrial concern. Page 4 of 6

139 Article VI Protection from Damage Section 1. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Article VII Powers of Authority of Inspectors Sections 1. Representatives of ADLM FMS shall be permitted to enter all public and private properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this ordinance. Section 2. Duly authorized employees of ADLM FMS shall be permitted to enter all private properties through which the County or ADLM FMS holds a duly negotiated easement for the purposes of repair and maintenance of any portion of the sewage works lying within said easement. Article VIII Sewer and Connection Charges Section 1. All sewer charges levied by ADLM FMS shall constitutes a lien upon the premises served and if not paid with sixty (60) days after due date, the charges shall be certified by the County Treasurer upon request by ADLM FMS and shall be collectible in the same manner as taxes. Section 2. During the initial construction of the sewage collection system and provided the owner had filed a written request for the construction of a building sewer line on forms provided by ADLM FMS, ALDM FMS, or its designee shall install the initial building sewer line and connection from the public sewer to within five (5) feet of the building. The owner shall be responsible for the final connection and any seeding, sodding plantings, sidewalks and driveway repairs. Once construction is completed, the owner shall accept the ownership, including the use, operation, repair, maintenance and replacement of the building sewer line from the building to the public sewer main. Section 3. Except for connections made during the initial construction of the sewage collection system as provided by Section 2. any person desiring to connect or reconnect to the public sewer shall pay such charges as may be required by ADLM FMS to cover the cost of issuing the permit and supervising, regulating and inspecting the work. Article IX Penalties Section 1. Any person found to be violating any provision of this ordinance shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred dollars ($100), or be subject to imprisonment for a period not exceeding thirty (30) days for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. Section 2. Any person violating any of the provisions of this ordinance shall become liable to ADLM FMS for any expense, loss or damage occasioned ADLM FMS by reason of such violation. In addition, any person violating any of this ordinance shall also become liable to the County for any expense, loss or damage occasioned by the County by reason of such violation. Section 3. As to any person violating any of the provisions of this ordinance or failing to pay the charges for the use of the sewer services, ADLM FMS shall have the right to terminate service to the premises until such time as the violation is cured or until all late charges assessed for the use of the sewer services are paid in full. Page 5 of 6

140 Article X General Section 1. Repealer Clause - All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 2. Severability - If any section, provision or part of this Ordinance shall be adjudged in invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. Effective Date - This Ordinance shall be in effect from and after its final passage, approval, posting and publication as required by law. Passed and approved by the Board of Supervisors the _2nd day of June, MONROE COUNTY, IOWA Dennis J. Ryan DENNIS J. RYAN, Chairman Monroe County Board of Supervisors ATTEST: Jeannie Bettis JEANNIE BETTIS, Monroe Co. Auditor I, Jeannie Bettis, Monroe County Auditor, certify the foregoing Ordinance No. 34 An Ordinance Regulating The Use Of The Waste Water Sewage Treatment System In Monroe County, Iowa was published June 4_ and June 9, Jeannie Bettis JEANNIE BETTIS, Monroe Co. Auditor Passage of Ordinance No. 34 First Reading - June 2, 2009 Second Reading waived June 2, 2009 Third Reading waived June 2, 2009 Final Consideration & Passage June 2, 2009 Proposed Ordinance No. 34 published May 21, 2009 and _May Page 6 of 6

141 Ordinance No. 35 AN ORDINANCE DESIGNATING THE BOUNDARIES OF THE VOTING PRECINCTS OF MONROE COUNTY, IOWA (Repeal of Ord. No. 31 adopted November 9, 2005) BE IT ENACTED by the Board of Supervisors of Monroe County, Iowa: SECTION 1. PURPOSE. The purpose of this Ordinance is to amend the Code of Ordinances of Monroe County, Iowa by repealing Ordinance No. 31 and adding a new Ordinance to establish the precinct boundaries of the election precincts lying outside the corporate limits in Monroe County, Iowa, as provided in Section 49.4, Code of Iowa. The Board of Supervisors has reviewed and certified the 2010 Census Data used to determine the voting precincts of Monroe County, Iowa. SECTION 2. The Code of Ordinances of Monroe County, Iowa is hereby amended by adding a new Ordinance as follows: Ordinance No. 35 The precinct boundaries of those precincts lying within Monroe County, Iowa, outside of the corporate limits as provided in Section 49.4, Code of Iowa shall be as follows and are effective for elections held after January 15, 2012, as provided in Section 49.7, Code of Iowa: Precinct No. 5 Pleasant, Guilford, Troy, Mantua, Monroe & Urbana Townships: All that area lying within the township lines of Pleasant Township (including that portion of Eddyville City lying in Monroe County), Guilford Township, Troy Township (excluding the City of Albia), Mantua Township, Monroe Township (including that portion of Moravia City lying in Monroe County), and Urbana Township of Monroe County, Iowa, as provided in Section 49.6, Code of Iowa. Precinct No. 6 Bluff Creek, Cedar and Union Townships/City of Lovilia: All that area lying within the township lines of Bluff Creek Township, Cedar Township and Union Township, including the City of Lovilia, Monroe County, Iowa, as provided in Section 49.6, Code of Iowa. Precinct No. 7 Franklin, Wayne and Jackson Townships/City of Melrose: All that area lying within the township lines of Franklin Township, Wayne Township and Jackson Township, including the City of Melrose, Monroe County, Iowa, as provided in Section 49.6, Code of Iowa. SECTION 3. REPEALER CLAUSE. All Ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. WHEN EFFECTIVE. This ordinance shall be in effect, after its final passage, approval and publication as provided by law. Passed this 9th day of August, 2011 VOTE: Ryan AYE - Hughes AYE - Beary AYE ATTEST: Jeannie Bettis Jeannie Bettis, Monroe Co. Auditor Dennis J. Ryan Dennis J. Ryan, Chairman Monroe County Board of Supervisors

142 I certify the foregoing Ordinance No. 35 was published on August 11 and August 16, Jeannie Bettis Jeannie Bettis, County Auditor Passage of Ordinance No. 35 (Section ) First Reading - August 5, 2011 Second Reading - August 9, 2011 Third Reading - - waived - Final Consideration - August 9, 2011 & Passage Proposed Ordinance No.35 Published July 21 & July 26, 2011.

143 MONROE COUNTY CODE OF ORDINANCES 2007 Ord. No. Date Adopted Subject Page - Orig Ord Bk 1 Sept. 6, 1983 Tax Exemption Ordinance REPEALED (see Ord Snow & Ice Policy for Sec. Roads) Jan. 29, 1986 Area Service System B Road (Sec. Roads) Sept. 17, 1987 Establishing Requirements for Landfill Operation (amended June 29, 1988) REPEALED (Accepting & Reporting Gifts) REPEALED (see Ord Monroe Co. Unified Development Code) Aug. 3, 1990 Monroe County Comprehensive Zoning Ordinance (amended Sept. 14, 1990) Dec. 27, 1990 Relating to the Disposal of Yard Wastes on and after Jan. 1, Jan. 25, 1991 Relating to Hazardous Waste Clean Up and Cost of Clean Up 10 Dec. 20, 1991 Urban Renewal Area Jan. 5, 1993 Providing for the Issuance of Permits for Utility Installation and Collection of Fees 12 Mar. 9, 1993 Relating to On-site Wastewater Treatment and Disposal System and Providing Penalties for Violations * (amended April 16, 2002) Feb. 8, 1994 Issuing Siting Permits for Solid Waste Landfills Sept. 16, 1994 Regulating the Use of Sewer Treatment System-Avery REPEALED (see Ord. No. 21) Snow & Ice Removal Ord Sept.6, 1995 Setting Forth Certain Restrictions on Use of Cemeteries in Monroe County, Iowa 17 REPEALED (see Ord. No. 26) Est Area Service "C" Road Classification REPEALED (see Ord. No. 24)Restricting Speed of Motor Vehicles/ Sec. Roads Oct. 1, 1999 Rural Addressing Ordinance (911) * (amended April 16, 2002) REPEALED (see Ord. No. 31) Precinct Boundaries REPEALED (see Ord. No. 27) Snow & Ice Removal Ord Jan. 21, 2002 Establishing a Cemetery Commission in Monroe County, Iowa 23 REPEALED (see Ord. No.33) Monroe Co. Code of Ordinances Aug. 19, 2003 Repealing Ordinance 18 - Enacting New Ordinance Restricting Speed of Motor Vehicles on Sec. Roads in Monroe Co. 25 Sept. 16, 2003 Establishing a Local Option Sales & Services Tax in Monroe County, Iowa 26 Nov. 12, 2003 Repealing Ordinance 17 - Enacting New Ordinance Establishing Area Service "C" Road Classification in Monroe County 27 REPEALED (see Ord. No. 30) Snow & Ice Removal Ord May 5, 2004 Establishing a School Local Option Sales & Services Tax Applicable to Transactions within the Albia Comm., Eddyville-Blakesburg Comm., Moravia Comm., and Russell Comm. School Districts in Monroe County, Iowa 29 Sept. 20, 2005 Monroe County Unified Development Code * (Amended Jan. 9, 2007) * (Amended Apr. 7, 2009) * (Amended Dec. 21, 2010) * (Amended Feb. 14, 2012) Nov. 1, 1005 Repealing Ordinance 27 - Enacting New Ordinance Establishing Policy & Level of Service in Respect to Removal off Snow & Ice and Maintenance of Monroe County's Secondary Roads During Winter Months 31 Nov. 9, 2005 Repeal of Ordinance No Establishing the Boundaries of the Voting Precincts of Monroe County, Iowa 32 July 3, 2007 Prohibitibing Sex Offenders from Residing Within Two Thousand Feet of a School, Child Care Facility, Public Park, Public Playground, Church or Public Library Oct. 25, 2007 Adopting the Monroe County Code of Ordinances 2007 (repeal of Ord. 23) June 2, 2009 Regulating the Use of Waste Water Sewage Treatment System in Monroe County, Iowa 35 Aug. 9, 2011 Designating the Boundaries of the Voting Precincts in in Monroe County, Iowa * 29 Ordinance No Monroe County Unified Development Code published on this site with amendments Note: Repealed Ordinances are not published on this website.

144 ORDINANCE NUMBER 29 MONROE COUNTY UNIFIED DEVELOPMENT CODE EFFECTIVE 10/06/2005 Text Amendment: #1: January 16, 2007 Hunting Preserve Criteria Text Amendment #2: April 14, 2009 Highlights include R-S Zoning District; Supplementary Conditions for Specific Uses; General Development Standards and Sign Regulations (See text amendment for specifics.) Text Amendment #3: December 28, 2010 Highlights include Amendments to Chapter 4; Chapter 5; 5.19Telecommunication Towers and Antennas; Add New Sections 5.22 Personal Wind Energy Systems (PWES); 5.23 Commercial Wind Energy Systems (CWES); 5.24 Definitions for Wind Energy Systems (See text amendment for specifics.) Text Amendment #4: February 21, 2012 Highlights include Home Based Business Revisions Add New Section Private School Supplementary Conditions Commercial District Performance Standards Revisions Clarification of Performance Standard for I-1 & 1-2 Districts

145 Text Amendments to Ordinance Number 29 Text Amendment #1 Hunting Preserve Criteria. First Reading January 9, 2007; Second Reading waived January 9, 2007, Third Reading waived January 9, Board of Supervisors Final Consideration & Passage - January 9, ' Amendment to Ordinance 29 was published January 11, 2007 and January 16, EFFECTIVE DATE: JANUARY 16, 2007 Text Amendment #2 Highlights include R-S Zoning District; Supplementary Conditions for Specific Uses; General Development Standards and Sign Regulations. (See text amendment for specifics) First Reading April 7, 2009; Second Reading waived April 7, 2009; Third Reading waived April 7, Board of Supervisors Final Consideration & Passage April 7, 'd Amendment to Ordinance No. 29 was published April 9, 2009 and April 14, EFFECTIVE DATE: APRIL 14, Note: Text amendment #2 was done with the assistance of Michael Lauer, Planner, Our Planning Works Text Amendment #3 Highlights include Amendments to Chapter 4; Chapter 5; 5.19Telecommunication Towers and Antennas and Add New Sections 5.22 Personal Wind Energy Systems (PWES); 5.23 Commercial Wind Energy Systems (CWES) And 5.24 Definitions for Wind Energy Systems (See text amendment for specifics.). First Reading December 21, 2010; Second Reading waived December 21, 2010; Third Reading waived December 21, Board of Supervisors Final Consideration & Passage December 21, a1 Amendment to Ordinance No. 29 was published December 23, 2010 and December 28, EFFECTIVE DATE: DECEMBER 28, TEXT Amendment #4: - The purpose of this amendment to Ordinance No. 29 `The Monroe County Unified Development Code" is to amend Table of Contents to add Section 5.25, Private Schools page 5.26; amend Chapter 2, 2.2 Administrative Permits D.5. Home Occupation Validity; E.5 Home Industry Validity; amend Chapter 3, Section 3.3.G Commercial Service District 3a. Performance Standards; Section 3.3. H I-1 Light Industrial 3a. Performance Standards; Section Heavy Industrial 3a. Performance Standards; amend Exhibit 3.4 Use Matrix Accessory Dwelling and Mixed Uses; amend Chapter 5, 5.7 Home Occupations; 5.8 Home Industry; amend Exhibit 3.4 Use Matrix Chart, Schools to incorporate Private Schools; Add new Section 5.25 Private Schools; and amend Chapter 10, Section 10.2 Definitions. First Reading February 14, 2012, Second Reading Waived February 14, 2012; Third Reading Waived February 14, Board of Supervisors Final Consideration & Passage February 14, rn Amendment to Ordinance No. 29: Published February 16, 2012 AND February 21, EFFECTIVE DATE: FEBRUARY 21, Note: Text amendment #4 was done with the assistance of Michael Lauer, Planner, Planning Works.

146 MONROE COUNTY UNIFIED DEVELOPMENT CODE EFFECTIVE DATE OCTOBER 6, 2005 MONROE COUNTY UNIFIED DEVELOPMENT CODE TABLE OF CONTENTS Page Chapter 1: General Provisions Title Authority Effective Date Purpose Jurisdiction Application Exemptions Rules of Interpretation Coordination with Other Regulations and Plans Fees Severability Repealer Responsibilities for Application of Code Chapter 2: Development Procedures Procedures Common to Applications A. Application Process B. Notice Provisions C. Public Hearing Procedures D. Post-Decision Proceedings E. Expiration of Approval Administrative Permits A. Zoning Placement Permits B. Site Plans C. Sign Permits D. Home Occupation Permit E. Home Industry Permit F. Temporary Use Permits G. Access Permits H. Flood Plain Permits Major Development Applications A. Master Plan Amendments B. Zoning Map Amendments (Rezoning) C. UDC Text Amendments D. Planned Unit Development E. Conditional Use Permits F. Minor Subdivisions G. Major Subdivisions:

147 MONROE COUNTY UNIFIED DEVELOPMENT CODE EFFECTIVE DATE OCTOBER 6, 2005 H. Lot Consolidations and Plat Adjustments I. Development Improvement Agreements J. Variances K. Appeals from Staff Determinations Chapter 3: Zoning Districts/Maps/Uses Establishment of Zoning Districts(R-S Zoning District Effective ) Zoning Map Zoning District Regulations Use Matrix and Interpretation Chapter 4: Non-Conforming Situations (Amended effective 12/28/2010) Purpose Continuation of Non-Conformities Non-Conforming Lots of Record and Use Expansion, Improvements, Restoration and Maintenance of Non-Conformity Certificate of Non-Conformity Change in Use Non-Conforming Signs Abandonment and Discontinuance of Non-Conforming Rights Chapter 5: Supplementary Conditions for Specific Uses Accessory Structures and Uses Bed and Breakfast Establishments Day Care Existing Farm Dwellings Family/Group Home Gun Clubs, Firing Ranges, Skeet Shooting and Related Uses Home Occupations (Amended effective 2/21/2012) Home Industry (Amended effective 2/21/2012) Manufactured Home Subdivision Multi-Family Residential Development Mining, Quarries and Mineral Processing Extraction Recreational Vehicle And Travel Trailer Parks Temporary Roadside Stands Salvage Yards Single Family Residential Design Standards(Revised R-S Regulations ) Solid Waste Disposal Storage/Mini Warehouses Swap Meets and Flea Markets Telecommunication Towers and Antennas (Amended effective 12//28/2010) Temporary Uses Hunting Preserves (Effective ) Personal Wind Energy System(s) PWES (Effective 12/28/2010) Commercial Wind Energy System(s) CWES (Effective 12/28/2010) Definitions for Wind Energy Systems (Effective 12/28/2011) Private Schools (Effective ) 5.26

148 MONROE COUNTY UNIFIED DEVELOPMENT CODE EFFECTIVE DATE OCTOBER 6, 2005 Chapter 6: General Development Standards Dimensional Standards Blocks and Lots Parking Standards Bufferyards and Screening Floodplain Development Chapter 7: Sign Regulations Purpose General Prohibitions Applicability - Effect Signs Allowed on Private Property Sign Permits Required On-Premise Sign Design, Construction, Installation and Maintenance Standards Exempt On-Premise Signs Off-Premise Sign Design, Construction, Installation and Maintenance Standards Temporary Signs Exempt Temporary Signs Signs in the Public Right-of-Way Political Signs Prohibited Signs Master or Common Signage Plans Non-Conforming Signs Variance Enforcement Chapter 8: Adequate Public Facilities Required Adequate Public Facilities Water Centralized Wastewater Systems Private (On-site) Wastewater Systems Stormwater Management Streets Chapter 9: Administration and Enforcement Purpose Violation and Penalties Separate Offenses May Be Charged Civil Remedies and Enforcement Powers Complaints Nuisances Chapter 10: Definitions Rules of Interpretation Definitions (Amended effective 12/28/2010) (Amended effective 2/21/2012)

149 MONROE COUNTY UNIFIED DEVELOPMENT CODE EFFECTIVE DATE OCTOBER 6, 2005 LIST OF EXHIBITS Page Exhibit 2.1A: Development Review Procedures Summary Exhibit 2.1B: Administrative Review Process Exhibit 2.2: Administrative Review Approvals Exhibit 2.3A: Master Plan Amendment Approval Process Exhibit 2.3B: Zoning Amendment Approval Process Exhibit 2.3D: Planned Unit Development Exhibit 2.3E: Conditional Use Permit Process Exhibit 2.3F: Minor Subdivision Approval Process Exhibit 2.3G: Major Subdivision Approval Process Exhibit 2.3J: Variances Exhibit 2.3K: Appeals from Staff Determinations Exhibit 3.4: Use Matrix Exhibit 6.1: Dimensional Standards Exhibit 6.2A: Sight Triangle Exhibit 6.2B: Flag Lots Exhibit 6.3A: Off-Street Parking Requirements Exhibit 6.3B: Parking for Persons with Disabilities Exhibit 6.3C: Minimum Parking Facility Design Standards Exhibit 6.4A: Required Bufferyards Exhibit 6.4B: Bufferyards Exhibit 7.1: Signs Permitted with and without Permits in Zoning Districts Exhibit 8.1: Improvement Requirements for New Development by Zoning District Classification Exhibit 8.2: Design Standards for Streets Exhibit 8.3: Minimum Separation Between Driveways and Intersecting Streets Exhibit 10.2A: Accessory Use Exhibit 10.2B: Berm Exhibit 10.2C: Building Height Exhibit 10.2D: Lots Exhibit 10.2F: Setback Exhibit 10.2G: Sign Types Exhibit 10.2H: Yard Exhibit 10.2E: Flag Lots deleted.

150 MONROE COUNTY UNIFIED DEVELOPMENT CODE Chapter 1: Provisions 1.1 Title General This Ordinance of the Monroe County Code shall be known as the Monroe County, Iowa Unified Development Code, hereinafter referred to as this Code. 1.2 Authority The authority to establish this Unified Development Code of Monroe County, Iowa, is done, at the option of the Board of Supervisors of this County, in accordance with the Code of Iowa. 1.3 Effective Date This Code shall be in full force and effective upon its adoption. 1.4 Purpose In accordance with Chapter 335 of the Code of Iowa and the County s adopted Comprehensive Master Plan, the purpose of this Code is to: A. promote public health, safety, comfort, order and general welfare; B. conserve and protect property values; C. protect private property rights; D. promote orderly development and use of land and natural resources; E. protect the quality and quantity of prime agricultural land; F. facilitate safe and economical provision of streets, water, wastewater disposal, schools, parks and other public requirements; and G. regulate the density of population, the location and use of buildings, structures and land for trade, industry, residence or other purposes. 1.5 Jurisdiction This Code shall apply to all of the unincorporated area located within the County limit boundaries but lying outside the corporate limits of any city in Monroe County, Iowa. All territory which may hereafter become part of the unincorporated area of Monroe County, Iowa, which is regulated by this Code, by the dis-incorporation of any city, or any part thereof, shall automatically be zoned as A-1 Agricultural District until such classification shall have been changed by amendment of this Code as provided by law. 1.6 Application A. Use of Land. Except as provided in this Code, it shall be unlawful to do any excavating, grading, erecting, constructing, reconstructing, enlarging, altering or moving of any land, building, structure or premise or no land, building, structure, or premises shall hereafter be used, occupied or developed and no building, structure, or part thereof, shall hereafter be located, constructed, erected, reconstructed, moved, extended, enlarged, converted, structurally altered or otherwise developed without full compliance with the terms of this Code except agricultural uses as set forth in this Code. Any structure or use lawfully existing on the effective date of this Code, but not in conformity with the regulations of the appropriate zoning district may be continued, subject to Chapter 4 of this Code. B. Subdivision of Land. 1. All division or subdivision of land into two (2) or more parts in the unincorporated areas of Monroe County, unless specifically exempted by these regulations, shall be submitted to the County in accordance with the procedures established in Chapter 2 of this Code, and shall be subject to all the requirements established in this code. 2. All subdivisions of land that are within the jurisdiction of any incorporated community having a Zoning Commission shall be subject to all the procedures and requirements of such community as well as the requirements established in this code. 3. The provisions of these regulations shall apply to the division of any original parcel of land into two (2) or more lots or parcels, any one of which is the less than forty (40) acres or one quarter-quarter section. C. Airborne Aircraft Interference. Not withstanding any other provisions of this Code, no use may be made of land or water within Monroe County in such a manner as to interfere with the operation of any airborne aircraft. The following requirements shall apply to all zoning districts: 1. All lights or illumination used in conjunction with street, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the Albia Municipal Airport or in the vicinity thereof. 2. No operations from any use shall produce smoke, glare or other visual hazards within three (3) statute miles of any usable runway of the Albia Municipal Airport. 3. No operations from any use in Monroe County OCTOBER 6, CHAPTER 1: GENERAL PROVISIONS

151 MONROE COUNTY UNIFIED DEVELOPMENT CODE shall produce electronic interference with navigation signals or radio communications between the airport and aircraft. 1.7 Exemptions A. Farms Exempt from Zoning. 1. Exempt Land and Buildings. No zoning regulations or requirements adopted under the provisions of this Code shall be construed to apply to land, farm houses, farm barns, farm outbuildings or other buildings, structures, or erections which are primarily adapted, by reason of nature and area, for use of agricultural purposes, while so used; provided, however, that such regulations or requirements which relate to any structure, building, dam, construction, deposit or excavation in or on the flood plains of any river or stream shall apply equally to agricultural and non-agricultural lands, buildings and uses. It shall be the responsibility of any person or group claiming that certain property is entitled to an agricultural exemption to demonstrate that the property is used for agricultural purposes. 2. One Farm Dwelling per Farmstead. By definition, a farm dwelling shall be occupied by the owner or operator of a farmstead. Only one dwelling on a farmstead shall be presumed to be a farm house unless the Zoning Administrator finds that evidence provided by the owner assures that a second dwelling will be occupied by an operator of the farmstead. This code also states by definition that a parcel is considered to be a tract of land under the same ownership that is contiguous which has not been divided by deed or subdivision. 3. Evidence of Farm Status. Evidence for determining whether a parcel is a farm shall be based on the type of agricultural activities occurring. For purposes of this determination: a. parcels in excess of eighty (80) acres shall be presumed to be a farm if used for agricultural purposes; b. parcels that are ten (10) to eighty (80) acres in size may be determined to be a farm by the Zoning Administrator if the applicant provides evidence that the property is being used as a farm. c. parcels that are less than ten (10) acres are presumed not to be a farm unless the gross receipts from the sale of farm products exceed 50% of the median household income for the County in the most recent decennial census OR the applicant provides clear and convincing evidence to the Board of Adjustment that there is significant agricultural use of the property. B. Utilities Exempt from Zoning. A special exemption applies to utility companies that are regulated by the Iowa Commerce Commission. Monroe County encourages such companies to comply with the standards and the land use policies of the County. C. Subdivision Exemptions. The following divisions of land shall be exempt from compliance with the subdivision procedures established in Chapter 2 of this Code: 1. The public acquisition of land for the widening of existing streets or for constructing other public works; 2. Any lot, parcel or tract of land located within the area governed by these regulations which has been legally subdivided or re-subdivided by map or deed prior to the adoption of these regulations; 3. A lien, mortgage, deed of trust or any other security instrument regulated under the laws of Iowa; 4. Cemetery lots provided that the lots are in a legally permitted cemetery; 5. An interest in oil, gas, minerals or building materials, which is now or hereafter severed from the surface ownership of real property; 6. A division of property where all new lots or parcels are for agricultural purposes, all lots will be greater than forty (40) acres or one quarter-quarter section, and no street, road, highway opening or widening or easement of any kind is required by these regulations; 7. The creation of a leasehold for a space within a multi-occupant building site or a commercial building site, provided that the property is a part of an approved subdivision or addition and regulated in accordance with the site plan requirements of the County; 8. The creation of a leasehold for agricultural use of the subject property, provided that the use does not involve the construction of a building(s) to be used as a residence or for any purpose not directly related to agricultural use of the land or crops or livestock raised thereon. 1.8 Rules of Interpretation A. Generally. The provisions of this Code shall be held to be the minimum requirements necessary for the promotion of public health, OCTOBER 6, CHAPTER 1: GENERAL PROVISIONS

152 MONROE COUNTY UNIFIED DEVELOPMENT CODE safety, order or the general welfare. Minimum values are not intended to be target values. In some instances, topography or other conditions may create the need to exceed stated minimum standards. B. Rules of Language. For the purpose of interpretation of the Code, the following rules of language shall apply: 1. More specific standards supercede general standards; 2. In case of difference of meaning or implication between the text of this Code and the captions for each section, the text shall control; 3. The word "shall" is always mandatory; the word "may" is permissive and is at the discretion of the Board of Supervisors, Zoning Commission, Board of Adjustment, or the Zoning Administrator, as the context may require; 4. Words used in the present tense include the future; words in the singular include the plural; and words of one gender include all other genders, unless the context clearly indicates the contrary; 5. All words, terms and phrases not otherwise defined herein shall be given their usual and customary meaning, unless the context clearly indicates a different meaning was intended; 6. All terms or definitions not included in Chapter 10 shall be used as defined in the Webster s New Collegiate Dictionary. If more than one meaning is provided, the Zoning Administrator shall determine the most appropriate meaning. 1.9 Coordination with Other Regulations and Plans The use of buildings and land within the County shall be subject to all other applicable provisions of other Monroe County Ordinances as well as this Code, whether or not such other provisions of the Code are specifically cross-referenced in this Code. Cross references to other provisions of the Code are for the convenience of the reader; lack of a cross reference should not be construed as an indication that other provisions of the Code do not apply. A. Consistency with Master Plan. These regulations are intended to implement the goals and policies of the Monroe County Master Plan and are hereby deemed to be consistent with and in accordance with the adopted Master Plan for the County. Any amendments or actions pursuant to this code shall be consistent with the Master Plan. An amendment to the text of these regulations is consistent with the Master Plan if it complies with the goals and policies stated in the plan. An amendment to the zoning map is consistent with the Master Plan if the map amendment is consistent with the Future Land Use Map contained in the plan. B. Conflicts. Whenever any provision of this Code or any other applicable law, rule, contract, resolution or regulation of the City, County, State or Federal government contains certain standards covering the same subject matter, the more restrictive requirements or higher standards shall govern. C. Development Under Prior Regulations. 1. Existing Uses. Existing legally-established uses may continue in compliance with this Code or as legal non-conforming uses pursuant to Chapter 4 of this Code. 2. Non-Conforming Lots. Subject to the provisions of Chapter 4 of this Code, existing legal lots that do not meet minimum area requirements may be developed as nonconforming lots, if the parcel meets all criteria as set out in Chapter 4.3. Development of nonconforming lots without wastewater service will not be authorized unless the applicant can demonstrate compliance with the Monroe County Board of Health Rules and Regulations for septic systems. If lot areas are insufficient for on-site wastewater systems, the County may approve the use of reserved off-site drain fields. 3. Development Under Review. Development under prior regulations shall be allowed, provided a valid permit has been issued by the County and said permit does not expire. Any permit issued under prior regulations shall expire twelve (12) months after adoption of this Code unless renewed by the County. 4. Development of New Uses. Any use previously permitted by right under the zoning district regulations in effect immediately prior to the adoption of these regulations, may be established within six (6) months after adoption of this Code. D. Relationship to Private Agreements. This Code is not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement or legal relationship; provided, however, that where the regulations of the Code are more restrictive or impose higher standards or requirements than such easement, covenant of other private agreement of legal relationship, the regulations of this Code shall govern. OCTOBER 6, CHAPTER 1: GENERAL PROVISIONS

153 MONROE COUNTY UNIFIED DEVELOPMENT CODE 1.10 Fees A. Fee Required. Any action on an application for the development pursuant to Chapter 2 of this Code shall be subject to the required fee. No action shall be taken on any application until the required fee is paid in full. B. Amount of Fee. The amount of each fee shall be as established by resolution by the Board of Supervisors. C. Payment. All fees shall accompany the application, shall be made payable to Monroe County and shall be submitted to the Zoning Administrator. D. Exemptions. No fee is required for an application filed in the public interest by members of the Board of Supervisors or the Zoning Commission. E. Fee Refund. Whether a request is granted or denied by the Zoning Administrator, Board of Adjustment, Zoning Commission or Board of Supervisors, the applicant shall not be entitled to a refund of the fee paid Severability It is hereby declared to be the intent of Monroe County, Iowa that the provisions of this Code shall be severable. If any provision is declared invalid by a court of competent jurisdiction, it is hereby declared to be the legislative intent that: A. the effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and B. such decision shall not affect, impair or nullify this Code as a whole or any other part thereof, but the rest of the Code shall continue in full force and effect Repealer It is hereby declared to be the intent of Monroe County, Iowa that all Ordinances in conflict with this Code are hereby repealed Responsibilities for Application of Code A. Zoning Administrator. The Zoning Administrator shall be appointed by the Board of Supervisors. The Zoning Administrator shall have the responsibility and authority to administer and enforce the provisions of this Code, including, but not limited to the following powers and duties: 1. Serve as staff for the Board of Supervisors, Zoning Commission, and the Board of Adjustment and shall act as a liaison to other agencies and organizations in land use matters. 2. Review and render interpretations to all provisions of the Master Plan and Future Land Use Map. 3. Review and render interpretations to all provisions of the Code and Official Zoning Map. 4. Make recommendations to the Zoning Commission regarding any Master Plan or Future Land Use Map amendments. 5. Make recommendations to the Zoning Commission regarding any necessary amendments to the Code or Official Zoning Map. 6. Accept applications for, review and prepare staff reports recommending approval, approval with conditions or denial of applications for the following: text amendments to the Master Plan, amendments to the Future Land Use Map, amendments to the text of the Code, amendments to the Official Zoning Map, variances, conditional use permits, and planned developments. 7. Review and approve, approve with conditions or deny applications for all applications for certificates and permits, and ensure compliance with conditions of a development permit. 8. Review applications for zoning, building and other permits and issue all permits and certificates required by this Code. 9. Facilitate the creation and adoption of special area plans, corridor plans and neighborhood plans. 10. Monitor and assist in the enforcement of the Code. 11. Review all floodplain development permit applications to ensure that the provisions of this Code will be met. 12. Review floodplain development applications to assure that all necessary permits have been obtained from federal, state and local governmental agencies including approval when required from the Department of Natural Resources for floodplain construction. 13. Maintain a record of the elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of all new or substantially improved structures in the floodplain. 14. Maintain a record of the elevation (in relation to National Geodetic Vertical Datum) to which all new or substantially improved structures have been flood proofed. OCTOBER 6, CHAPTER 1: GENERAL PROVISIONS

154 MONROE COUNTY UNIFIED DEVELOPMENT CODE 15. Notify adjacent communities 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 Emergency Management Agency. 16. Keep a record of all permits, appeals, variances and such other transactions and correspondence pertaining to the administration of this Code. 17. If the Zoning Administrator shall find that one of the provisions of this Code is being violated, the Zoning Administrator shall notify in writing the person(s) responsible for such violation, indicating the nature of the violation and ordering action necessary to correct it. The Zoning Administrator shall order: a. the discontinuance of the illegal use of land, buildings or structures; b. the removal of illegal buildings or structures, or additions, alterations or structural changes thereto; c. the discontinuance of any illegal work being done; d. or shall take any other action authorized by this Code and the Board of Supervisors to ensure compliance and to prevent violation of its provisions including the issuance of a citation as provided by Section 9.4 of this Code and authorized by Section of the Code of Iowa. 18. Other responsibilities as may be assigned by the Board of Supervisors. B. Zoning Commission. The Zoning Commission of Monroe County shall consist of seven (7) members, the majority of whom shall reside in the unincorporated areas of the County. The Zoning Administrator, or other designee, shall serve as staff to the Zoning Commission. 1. Zoning Commission Powers, Duties and Responsibilities. The Zoning Commission s powers and responsibilities include, but are not limited to: a. Review and recommend action on all requests for amendments to the Master Plan and Future Land Use Map; b. Review and recommend action on area plans; c. Review and recommend action on all requests for amendments to the zoning map; d. Review and recommend action on all requests for amendments to the text of the Code; e. Review and recommend action on all requests for subdivisions and amendments to the County Thoroughfare Plan; f. Review and recommend action on requests for rezoning to planned developments; g. Decide on all requests for approval of planned development plans; h. Recommend to the Board of Supervisors, from time to time, amendments, supplements, changes or modifications to the Code or Zoning Map; and i. Perform other duties assigned by state law and or the Board of Supervisors. 2. Membership of the Zoning Commission. The members of the Zoning Commission shall be appointed by the Board of Supervisors. a. Terms of Office. The members shall be appointed for three (3) year terms which terms shall be staggered and terms shall be arranged so that no more than (3) three terms will expire each year. b. Vacancies. New members shall be appointed by the Board of Supervisors. Also, all vacancies shall be appointed by the Board of Supervisors for the unexpired term of any member whose term becomes vacant. c. Removal from the Zoning Commission. The Monroe County Board of Supervisors shall have the power to remove any member of the Zoning Commission for cause, upon written charges and after a public hearing. Members of the Zoning Commission may be removed by the Board of Supervisors for inefficiency, neglect of duty or malfeasance in office. d. Reimbursement. All members of the Zoning Commission shall serve without compensation except for such amounts determined appropriate by the Board of Supervisors to offset expenses incurred in the performance of their duties. 3. Zoning Commission Procedures. a. Rules of Procedure. The Zoning Commission shall adopt rules of procedure consistent with the provisions of this Code, which rules shall not be in conflict with the Code of Iowa. b. Chairperson Administers Oath. The chairperson, or in the absence of the chairperson, the acting chairperson, or Zoning Administrator shall administer oaths and compel attendance of witnesses. c. Notice of Meetings. Publication of the notice of public hearing and notification of affected property owners shall be done OCTOBER 6, CHAPTER 1: GENERAL PROVISIONS

155 MONROE COUNTY UNIFIED DEVELOPMENT CODE in conformance with Chapter 2.1 of this Code. The agenda for the meeting shall be posted in the County Offices three (3) days prior to the scheduled meeting or as prescribed by the Code of Iowa. d. Conduct of Meetings. (1) All public meetings of the Zoning Commission shall be open to the public, except in instances deemed necessary to go into closed session as set forth in the Code of Iowa. (2) The Zoning Commission may meet once a month and more often if necessary, for the transaction of business. e. Minutes. (1) The Zoning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. The completed minutes shall be filed in the office of the Zoning Administrator and shall be public record. (2) The minutes shall include a written finding of fact based on testimony and evidence specifying the reason the Zoning Commission granted or denied the request or application. f. Conflict of Interest. A member of the Zoning Commission shall inform the Zoning Commission before the commencement of the public hearing, of any conflict of interest in the proposed action being reviewed by the Zoning Commission. The Zoning Commissioner shall not participate in any discussion or voting on any action for which the Zoning Commissioner or Zoning Commissioner s family has an interest. g. Vote and Quorum. The affirmative vote of four (4) of the seven (7) member Zoning Commission shall be required before the Zoning Commission shall approve a development request or make a recommendation to the Board of Supervisors. h. Invalidity of a Vote. A recommendation to the Board of Supervisors or approval of a development request shall be voided if a Zoning Commission member votes on a recommendation in which the member has a conflict of interest. The member s vote and the recommendation shall be voided. C. Board of Supervisors. The powers of the Board of Supervisors, as authorized by the Code of Iowa, shall include but shall not be limited to the following: 1. Appoint an Administrative Officer/Zoning Administrator. 2. Appoint members to the Zoning Commission. 3. Appoint members to the Board of Adjustment. 4. Decide all requests for amendments to the Master Plan and Future Land Use Map. 5. Decide all requests for amendments to the zoning map. 6. Decide all requests for amendment to the text of the Code. 7. Decide all requests for rezoning to planned development. 8. Adopt other development manuals. 9. Consider and adopt fees and waivers to fees. 10. Designate local historic sites, structures and districts. 11. Other responsibilities assigned by state law. D. Board of Adjustment. The Board of Adjustment shall have the supervisory and appellate powers provided by law. The Board of Adjustment of Monroe County shall consist of five (5) members, the majority of whom shall reside in the unincorporated areas of the County. The Zoning Administrator, or other designee, shall serve as staff to the Board of Adjustment. 1. Board of Adjustment, Powers, Duties and Responsibilities. The Board of Adjustment shall have the power and duty to: a. Interpret this Code when the meaning of any word or phrase of a section is in doubt, when there is dispute as to such meaning between the appellant and the finding of the Zoning Administrator pursuant to section 1.8.B, or when the location of a zone boundary is in doubt; b. Hear and decide appeals from any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this Code where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by any administrative official or agency based on or made in the enforcement of this Code; c. Hear and decide upon applications for variances from the strict application of this Code requirements to the extent necessary to permit the applicant a reasonable use of the property in those specified instances where there are peculiar, exceptional and unusual circumstances in connection with a OCTOBER 6, CHAPTER 1: GENERAL PROVISIONS

156 MONROE COUNTY UNIFIED DEVELOPMENT CODE specific parcel of land, which circumstances do not generally exist within the locality or neighborhood concerned; d. Hear and decide on all requests for conditional use permits; and e. Other responsibilities assigned by the Board of Supervisors. 2. Powers Not Granted to the Board of Adjustment. It is not the intention of the Code of Iowa or the Board of Supervisors to grant to the Board of Adjustment the power or authority: a. to grant a variance to allow a use not permissible under the terms of this Code in the district involved, or any use expressly or by implication prohibited by the terms of this Code in said district; or b. to alter or change the provisions and requirements of this Code or the Zoning Map. 3. Membership of the Board of Adjustment. The members of the Monroe County Board of Adjustment shall be appointed by the Board of Supervisors. a. Term of Office. The members shall be appointed for five (5) year terms, which terms shall be staggered. All terms shall be arranged so that no more than two (2) terms will expire each year. b. Vacancies. New members shall be appointed by the Board of Supervisors. Also, all vacancies shall be appointed by the Board of Supervisors for the unexpired term of any member whose term becomes vacant. c. Membership on another County Board or Commission Prohibited. No member shall serve on any other County Board or Commission during the term of that member on the Board of Adjustment without the written permission of the Monroe County Board of Supervisors. Except that one (1) member may also be a member of the Zoning Commission. d. Removal from the Board of Adjustment. The Monroe County Board of Supervisors shall have the power to remove any member of the Board of Adjustment for cause, upon written charges and after a public hearing. Members of the Board of Adjustment may be removed for inefficiency, neglect of duty or malfeasance in office. e. Reimbursement. All members of the Board of Adjustment shall serve without compensation except for such amounts determined appropriate by the Board of Supervisors to offset expenses incurred in the performance of their duties. 4. Board of Adjustment Procedures. a. Rules of Procedure. The Board of Adjustment shall adopt rules of procedure consistent with the provisions of this Code, which rules shall not be in conflict with the Code of Iowa. b. Chairperson Administers Oath. The chairperson, or in the absence of the chairperson, the acting chairperson, or Zoning Administrator shall administer oaths and compel attendance of witnesses. c. Notice of Meetings. Publication of the notice of public hearing and notification of affected property owners shall be done in conformance with Chapter 2.1 of this Code. The agenda for the meeting shall be posted in the County Offices three (3) days prior to the scheduled meeting or as prescribed by the Code of Iowa. d. Conduct of Meetings. (1) All public meetings of the Board of Adjustment shall be open to the public, except in instances deemed necessary to go into closed session as set forth in the Code of Iowa. (2) The Board of Adjustment may meet once a month, and more often if necessary, for the transaction of business. e. Minutes. (1) The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. Every rule, regulation, every amendment or appeal thereof, and every order, requirement or determination of the regulation, every amendment or appeal thereof, and every order, of the Board of Adjustment shall be filed in the office of the Zoning Administrator and shall be public record. (2) The minutes shall include a written finding of fact based on testimony and evidence specifying the reason the Board of Adjustment granted or denied the request or variation. OCTOBER 6, CHAPTER 1: GENERAL PROVISIONS

157 MONROE COUNTY UNIFIED DEVELOPMENT CODE f. Conflict of Interest. A member of the Board of Adjustment shall inform the Board of Adjustment before the commencement of the public hearing of any conflict of interest in the proposed action being reviewed by the Board of Adjustment. The member shall not participate in any discussion or vote on any action in which the member or member s family has an interest. g. Vote and Quorum. The affirmative vote of three (3) of the five (5) member Board of Adjustment shall be required to reverse any order, requirement, decision or determination of any administrative official or agency, or to decide in favor of the appellant or applicant or approve any action brought before them. h. Invalidity of a Vote. A recommendation for approval of a variance request or a reversal of any order, requirement, decision or determination of any administrative official or agency, shall be voided if a Board of Adjustment member votes on a recommendation in which the member has a conflict of interest. The member s vote and the recommendation shall be voided. i. Review and Remand by the Board of Supervisors. The Board of Supervisors may provide for its review of variances granted by the Board of Adjustment before their effective date. The Board of Supervisors may remand a decision to grant a variance to the Board of Adjustment for further study. If remanded, the effective date of the variance is delayed for thirty days from the date of the remand. OCTOBER 6, CHAPTER 1: GENERAL PROVISIONS

158 MONROE COUNTY UNIFIED DEVELOPMENT CODE Chapter 2: Development Procedures 2.1 Procedures Common to Applications Any person proposing a land use or development shall comply with the procedures of this Chapter. Exhibit 2.1A summarizes the procedures and agencies and public bodies involved in the development proposal process. Exhibit 2.1A: Development Review Procedures Summary Notes: Required R Review Body ZC Zoning Commission DM Decision Making Body BoS County Board of Supervisors -- No/not applicable A Appeal Body BoA Board of Adjustment Application Process Permits Issued by Staff Approval Duration Acting Body Notices Staff ZC BoS BoA Pub Mail Sign Zoning /Change of Use Permit 6 mos. DM - - A Certificate of Occupancy n/a DM - - A Site Plan/Major Development 12 mos. R R DM Sign Permit 6 mos. DM - - A Home Occupation/Home Industry 12 mos. DM - - A Temporary Use 6 mos. DM - A Access Permits/ Approved by County Engineer varies Floodplain Development 6 mos. DM - - A Master Plan Amendments Text Amendments & Map Amendments Code Amendments Zoning Map Amendments & UDC Text Amendments Planned Developments - R R DM - Τ Τ Τ - R R DM - Τ Τ Τ Preliminary Plan 12 mos. 1 R R DM - Τ Τ Τ Final Plan 12 mos. 1 R R DM - Τ Τ - 1 Approval duration may be increased by the decision-maker at the time of approval for a period of up to two (2) years. One (1)-year extensions of approval may be granted by the decision-maker after the original approval. OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

159 MONROE COUNTY UNIFIED DEVELOPMENT CODE Application Process Plan Amendments Major Minor Subdivisions Major Subdivision Approval Duration - - Acting Body Notices Staff ZC BoS BoA Pub Mail Sign R DM R A DM - Τ Τ Τ - Concept Plan 12 mos. 1 R R DM - Τ Τ - - Preliminary Plat 12 mos. 1 R R DM - Τ Τ Τ - Construction Plans 12 mos. 1 DM - A Final Plat 12 mos. 1 R R DM Plat Change or Amendment - R R DM Τ Minor Subdivision/Splits 12 mos. 1 DM A Lot Consolidations and Plat Adjustments - DM A Final DM Development Improvement Agreement - R - DM Other Applications Variance - Public Improvements or Fee Waivers - Setbacks, height & design 12 mos. R R R - DM - - DM Τ Τ Τ Τ Τ Τ Conditional Use Permit 12 mos. R - - DM Τ Τ Τ Appeals of Staff Determinations - R - - DM Τ Τ - OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

160 MONROE COUNTY UNIFIED DEVELOPMENT CODE A. Application Process The following procedures apply to all applications, except as modified for specific procedures. 1. When Required. For all permit applications, it is recommended that the applicant meet with the Staff to discuss the nature of the proposed application, application submission requirements, the procedure for action, and the standards for evaluation of the application. 2. Submission Requirements Defined. Submission requirements listed in this Code are typical. The type, scope, or location of any specific development application may require different types or levels of information. At the pre-application conference, the Zoning Administrator shall determine what information shall be submitted to provide for an adequate assessment of the project. At any time during the processing of any application, additional information may be required to respond to issues or concerns that may not have been evident at the pre-application conference. The results of the pre-application conference shall be made part of the development file upon submission of an application. 3. Application Materials. Current application materials and schedules for submission may be picked up during normal business hours from the office of the Zoning Administrator. 4. Staff Review. All applications shall be reviewed by County staff and other appropriate agencies for compliance with County codes and policies. Upon completion of staff review, the staff will provide its comments in writing to the applicant. 5. Review by Other Agencies. The staff may forward copies of the applications to applicable agencies for their review of the material submitted. Except as provided by statute, this code or inter-governmental agreement, comments from other agencies are advisory. 6. Agency and Department Comments. The other agencies will be asked to respond, in writing, to the requested review within fifteen (15) days. Review agencies may request additional time for review, which may be granted by the decision-maker if good cause is shown and if such request is made within the review time. The agencies' review will be advisory and does not constitute approval or disapproval. All comments shall be forwarded to the applicant for response. 7. Zoning Administrator s Decision. After the applicant has had the opportunity to respond to the comments of staff and other agencies, the Zoning Administrator shall recommend or deny the application based on the applicable review criteria. 8. Appeals. Appeals to a Zoning Administrator s decision shall be filed within thirty (30) days of the date of the decision of the action being appealed. The appeal shall be in writing. 9. Amendments. Unless otherwise stated, a permit shall be amended through the process it was originally approved. 10. Validity. Zoning permits issued in accordance with the provisions of this section shall be void six (6) months from the date of issuance if the construction, alteration or use has not commenced. If work has been commenced within six (6) months the applicant has eighteen (18) months from the date of application to complete the development, providing evidence that the applicant can proceed with the initial permit in conformance with currently adopted codes and policies. If the development is not completed within the eighteen (18) month period the Zoning Administrator may allow one (1) written extension not to exceed one (1) year from the date that the permit would originally have expired provided that the applicant can proceed with the initial development outlined in the permit and in conformance with currently adopted codes and policies and as the permit was originally approved. If the development is not completed at the end of the extension period the applicant shall make an application for any further extensions to the Board of Adjustment as set out in Section 2.1.C. 11. Enforcement and Revocation. As described in Chapter 9, the Zoning Administrator may revoke any permit for failure to comply with the conditions of the permit. The revocation shall be in writing. OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

161 MONROE COUNTY UNIFIED DEVELOPMENT CODE B. Notice Provisions Public notice shall be provided pursuant to Exhibit 2.1B of this Chapter. Exhibit 2.1B: Administrative Review Process Application Review Decision Appeals 1. Public Hearings. A public hearing shall be held before any action to change or amend this Code, change or amend the zoning district map, or change or amend the Monroe County Master Plan. Public hearings shall also be required for all Conditional Use Permit applications, variance applications or any appeal hearing. 2. Notice Content. The notice of a public hearing shall contain the following information at a minimum: a. the time and place of the hearing; b. the location of the property affected by naming the township and section; and c. the boundaries of the area proposed for amendment or development shall be expressed in terms of metes and bounds wherever possible. 3. Publication and Timing. The notice of the public hearing shall be published at least once, not less than four (4) nor more than twenty (20) days (or as otherwise required by the Code of Iowa) before the date of the public hearing, in one or more newspapers in general circulation in the County. 4. Posted Signs. When required by Exhibit 2.1A or by the Zoning Administrator, the applicant shall post, at a minimum, a distinctive 24" x 24" sign(s) approved by the Zoning Administrator, giving notice of the date, time and place of the hearing and of the action requested. The applicant shall post at least one (1) sign on the subject property at least ten (10) days prior to the hearing in conspicuous places visible from every street along the frontage of the subject property. The sign(s) shall remain posted on the property until after the close of the public hearing. 5. Agenda Notice. Notice of all public hearings will be included in the Board of Adjustment or Planning & Zoning Commission agenda which shall be posted in the County Offices at least three (3) business days prior to any public hearing. 6. Personal Notice. When required pursuant to Exhibit 2.1A, personal notice shall be mailed by certified mail return receipt requested and also by regular mail to owners of property located within five hundred (500) feet of the legal perimeter boundaries of the subject property in all areas except R-1 and R-S. In R- 1 and R-S areas owners of property located within two-hundred (200) feet of the legal perimeter boundaries shall be notified. The owners names shall be obtained from the Monroe County Auditor s Office. The mailed notice shall include the date, time and place of the hearing, a general description of the proposal, the location of the property which is the subject of the hearing and other such requirements as further specified in this Code, and a statement explaining that members of the public may be heard at the public hearing. 7. Failure to Receive Notice. Failure of a property owner to receive notice by mail, if sent in a timely manner and properly addressed to the current owner of record, shall not be grounds for invalidating any action taken by the responsible decision-making body. Failure of the notifying body to notify all property owners by mail as described above shall not invalidate any action taken provided that such failure to notify was unintentional. 8. Notification of Appeal or Revocation. Whenever an appeal of a final decision is filed with the Zoning Administrator, or whenever the County determines to revoke a permit that was obtained following a public hearing, written notice of the appeal or revocation shall be prepared and made in the manner prescribed by this Section. If no hearing was held prior to obtaining the permit, written notice of revocation shall be given only to the holder of the permit. C. Public Hearing Procedures 1. Purpose of Hearing. The purpose of a public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

162 MONROE COUNTY UNIFIED DEVELOPMENT CODE relevant to the application, and to rebut evidence presented by others. 2. Conduct of Hearing. a. Any person or persons may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state, for the record, his or her name, address, and if appearing on behalf of an organization, the name and mailing address of the organization. b. The body conducting the hearing shall exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. At the chairperson's discretion, any person appearing as a witness may ask relevant questions of other persons appearing as witnesses, but shall do so only through the chairperson of the body conducting the hearing. At any point, members of the body conducting the hearing may ask questions of the applicant, staff or public. The order of proceedings shall be as follows: (1) Open public hearing. (2) The Zoning Administrator or appropriate staff member shall present a description of the proposed development and written or oral findings, if required. The findings shall address each factor required by this Code to be considered prior to action or approval on the development permit. (3) The applicant may present any information that the applicant deems appropriate; (4) Public testimony shall be heard first in favor of the proposal, then in opposition to it; (5) The applicant may respond to any testimony or evidence presented by the staff or public; (6) The Zoning Administrator or other staff member may respond to any statement made by the applicant or any public comment; and (7) The body conducting the hearing shall close the public portion of the hearing and conduct deliberations prior to acting on an application. 3. Record of Proceedings. a. The body conducting the hearing shall record the proceedings by any appropriate means and according to such procedures as the Board of Supervisors may, from time to time, prescribe by rule. Such record shall be provided at the request of any person upon application to the Zoning Administrator and payment of a fee set by the Board of Supervisors to cover the cost of duplication of the audio record or tape or preparation of the transcribed record. b. Testimony and statements of personal opinions, the minutes of the secretary, applications, exhibits submitted, all staff and advisory body or commission reports and recommendations, and the decision and report(s) of the body before which the hearing is heard, shall constitute the record. c. The record shall be open for inspection at reasonable times and upon reasonable notice. 4. Continuance of Proceedings. a. Any applicant or authorized agent of an applicant shall have the right to one continuance before the Zoning Commission, Board of Adjustment or Board of Supervisors, provided that a written request is filed. b. The Zoning Commission, Board of Adjustment or Board of Supervisors may grant a continuance at any time for good cause shown. All motions to grant a continuance shall state the date on which the matter is to be heard. A majority vote of those members in attendance shall be required to grant a continuance. (1) The record shall indicate the reason such continuance was made and any stipulations or conditions placed upon the continuance. (2) If the Zoning Commission, Board of Adjustment or Board of Supervisors, continues a public hearing on its own motion, it shall direct the Zoning Administrator to re-notify property owners within five hundred (500) feet of the legal perimeter boundaries of the subject property in all areas except R-1 and R-S. In R-1 and R-S areas owners of property located within two-hundred (200) feet of the legal perimeter boundaries shall be notified, if such notice was required in the first instance. (3) If the continuance of a public hearing is made at the request of an applicant, the Zoning Commission, Board of Adjustment or Board of Supervisors may direct the applicant to re-notify property owners within five hundred (500) feet of the legal perimeter boundaries of the subject property in all areas except R-1 and R-S. In R-1 OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

163 MONROE COUNTY UNIFIED DEVELOPMENT CODE and R-S areas owners of property located within two-hundred (200) feet of the legal perimeter boundaries shall be notified, if such notice was required in the first instance. (4) Re-notification shall be made by certified mail return receipt requested and also by regular first class United States mail. (5) Where an applicant is required to renotify property owners, the applicant shall submit a notarized affidavit to the Zoning Administrator indicating that such re-notification has occurred. (6) If the Zoning Administrator is directed to re-notify the property owners, the applicant shall be required to pay all fees necessary for the re-notification. (i.e. advertising costs, postage, etc.) 5. Action on Applications Requiring Notice. The decision-maker may take any action on an application that is consistent with the notice given, including approval of the application, conditional approval of the application or denial of the application. The decision-making body may allow amendments to the application if the effect of the amendments is to reduce the density or intensity of the original application, reduce the impact of the development, or reduce the amount of land involved from that indicated in the notices of the hearing. 6. Notice of Final Determination. Within thirty (30) days of the date of a final determination on the development application, written notification of the decision shall be mailed to the applicant, stating the action taken and including all conditions imposed and times established for satisfaction of such conditions, if any. If the final decision-maker denies the application, a written statement setting forth the basis for the decision to deny the application shall be included. Record of such notification shall be kept on file in the Zoning Administrator s Office. D. Post-Decision Proceedings 1. Appeals of Action by Final Decision-Maker. Any person or persons, jointly or severally aggrieved by any decision of the Zoning Administrator, Board of Supervisors, or Board of Adjustment may present to a court of record a petition as set out in Chapter 335 of the Code of Iowa, and 2.3.K of this Chapter. 2. Appeals of Action by Final Decision-Maker. Any appeal to a final action by the Zoning Administrator, Board of Supervisors, or Board of Adjustment shall be in writing and shall be filed within thirty (30) days of the action being appealed. 3. Amendments and Revisions. The Zoning Administrator may approve minor amendments and revisions to the terms of approval of an application for development. Minor revisions must be authorized in writing by the Zoning Administrator and are subject to appeal to the Board of Adjustment pursuant to Section 2.3.K. Minor revisions that may be authorized are limited to those that are necessary in light of technical considerations discovered after the decision on the development application by the applicant or the Zoning Administrator. Minor revisions shall not result in higher densities, additional units or floor area, abandonment s of easements or variance from the minimum standards of this Code. Major amendments and revisions of a development proposal shall be reviewed by the approving body after a public hearing in accordance with the provisions of this Section and other applicable sections of the Code. 4. Stay of Action. An appeal stays all proceedings in furtherance of the action appealed unless the Zoning Administrator certifies to the Board of Supervisors or Board of Adjustment, after notice of appeal has been filed, that by reason of the facts stated in the certificate, a stay would, in the Zoning Administrator s opinion, cause imminent peril to life or property. E. Expiration of Approval 1. Time of Expiration. Unless otherwise provided in Exhibit 2.1A, development applications shall automatically expire, and all activities pursuant to such approval thereafter shall be deemed in violation of the Code, when: a. the applicant fails to satisfy any condition that was imposed as part of the original or revised approval of the development application, or that was made pursuant to the terms of any development agreement application, including the failure to abide by specified time limits established therein; b. the applicant fails to present a subsequent development application as required by this Chapter within the time required. If no time limit for satisfaction of conditions is specified in the original or revised approval of the development application, OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

164 MONROE COUNTY UNIFIED DEVELOPMENT CODE the time shall be presumed to be one (1) year from the date of approval. 2. Extension Procedures. Unless otherwise prohibited by the Code, the Zoning Administrator may extend the time for expiration of a development permit or approval for a period not to exceed one (1) year from the date of the original decision granting approval, unless stated otherwise. Subsequent extensions may be made by the final approving body upon finding that conditions at the time of approval have not changed. 2.2 Administrative Permits A. Zoning Placement Permits 1. Purpose. Zoning placement permits are intended to provide a record of development approvals and to ensure that property owners understand and comply with the County s regulations for the development and use of land. 2. Applicability. It shall be unlawful to do any excavating, grading, erecting, constructing, reconstructing, enlarging, altering or moving of any land, building, structure or premise until a zoning placement permit has been issued. No land, building, structure, or premises hereafter shall be used, occupied or developed and no building, or part thereof, or other structure shall be located, constructed, erected, reconstructed, moved, extended, enlarged, converted, structurally altered or otherwise developed without full compliance with the terms of this Code. No land, building, structure or premise shall be occupied or used in whole or in part for any purpose, until a zoning placement permit is issued by the Zoning Administrator. No change of use shall be made in any building or part thereof, until a zoning permit has been issued by the Zoning Administrator. No permit shall be issued to make a change unless the changes are in conformity with the provisions of this Code. 3. Application. An application shall be filed with the Zoning Administrator and shall be accompanied by a site plan prepared pursuant to Section 2.2.B and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Code. The following criteria shall be met before a zoning placement permit is issued. a. Proof of ownership shall be provided before a zoning placement permit is issued; b. In situations where a parcel is being subdivided all documents must be completed, approved by County Officials and recorded, prior to the issuance of the zoning placement permit. (i.e. survey, deed, etc.) ; c. No zoning placement permit shall be issued without a valid 911 address and sign being issued; d. No zoning placement permit shall be issued without a valid septic permit or approval from the County Sanitarian in regards to the sanitation requirements; e. No zoning placement permit shall be issued without adequate access/driveway being approved by the County Engineer. 4. Review Criteria. Zoning Placement Permit applications shall be approved by the Zoning Administrator if: a. The use or development is on a legally created lot or parcel; b. The use is authorized in the existing zoning district; c. The development complies with the standards and conditions of this Code; d. An assigned 911 address and sign has been issued; e. All County Sanitarian requirements have been met; f. Adequate access has been approved by the County Engineer; g. Proof of ownership has been provided; and h. In cases where a parcel has been subdivided, all necessary documents have been completed, approved by County Officials and recorded. 5. Validity. Zoning placement permits issued in accordance with the provisions of this section shall be void six (6) months from the date of issuance if the construction, alteration or use has not commenced. If work has been commenced within six (6) months the applicant has eighteen (18) months from the date of application to complete the development work, providing evidence that the applicant can proceed with the initial permit in conformance with currently adopted codes and policies. If the development is not completed within the eighteen (18) month period the Zoning Administrator may allow one (1) written extension not to exceed one (1) year from the date that the permit would originally have expired provided that the applicant can proceed with the initial development outlined in the permit and in conformance with currently adopted codes and policies and as the permit was originally approved. If the development is not completed at the end of the extension period the applicant shall make an application for any further extensions to the OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

165 MONROE COUNTY UNIFIED DEVELOPMENT CODE Board of Adjustment as set out in Section 2.1.C. Exhibit 2.2: Administrative Review Approvals Application Submittal Staff Review Decision B. Site Plans 1. Purpose. Site plan review ensures that proposed development conforms to Code requirements. Site plan review shall consider the siting of proposed construction and its impact on topography, vegetation, adjacent development, improvements in the immediate area and the site plan s conformance to the policies and standards of the Master Plan and this Code. The design shall discourage unnecessary grading and shall retain the natural character of the site including the preservation of trees and other natural features to the degree of practicality and so long as all required set-backs can be met. 2. Applicability. A site plan shall be required for all new construction, placement of modular or manufactured homes, accessory buildings, extension of the outside lines of any structure, exterior additions, or changes in use to any structure. No zoning placement permit shall be issued for a development subject to site plan review until such site plan has been approved in accordance with this Section. 3. Application. a. Filing. A property owner or designated representative shall initiate site plan review by filing an application with the Zoning Administrator. b. Phasing. A site plan may be prepared and submitted for the entire development at one time or for individual development phases. Where a site plan is submitted for an individual phase of a development on a single parcel, the applicant shall also prepare a conceptual site plan for the remainder of the parcel. The conceptual site plan shall indicate the approximate location of development on the remainder of the parcel, together with proposed driveways, streets and drainage system. c. Single Family and Duplex Development. Unless waived by the Zoning Administrator in writing, all site plans for single family, duplex and accessory buildings shall contain the following information: (1) Names and addresses of record of landowner, and the drafter of the site plan, and/or contractor; (2) Date, north arrow and scale; (3) Location of existing and proposed rights-of-way, easements and infrastructure (streets, sewers, water lines, etc.); (4) Property lines, set-backs from parcel line, lot dimension, size, use and location of existing and proposed structures and driveways on the subject property; (5) Intended uses for all structures. (6) A legal description and accompanying map exhibit of the property, showing the location and type of boundary evidenced. The legal description shall include the following data: (a) Established legal description, approved metes and bounds legal description or subdivision description of all property lines; (b) Total area of property; (7) Location of floodplain areas subject to flooding, centerlines of drainage courses, and finished floor elevations of proposed buildings; and (8) Height, number of floors and proposed square footage of all buildings, both above and below or partially below the finished grade. d. All Other Development. Unless waived by the Zoning Administrator in writing, all site plans for multi-family residential, commercial or industrial development shall contain the following information: (1) Names and addresses of record landowner, and the drafter of the site plan, and/or contractor; (2) Date, north arrow and scale; (3) A scale of not less than 1" = 20' if the site is less than three (3) acres and 1" = 100' if the site is three (3) acres or more; (4) A vicinity map at a scale of not less than one (1) inch equals two thousand (2,000) feet (1" = 2,000 ft.); (5) Location of existing and proposed rights-of-way, easements and infrastructure (streets, sewers, water lines, etc.); (6) Parcel lines, lot dimensions, set- OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

166 MONROE COUNTY UNIFIED DEVELOPMENT CODE backs from parcel lines, size, use and location of existing and proposed structures and driveways on the subject property, and existing structures and driveways within one hundred (100) feet of the property; (7) Intended uses for all structures; (8) A legal description and accompanying map exhibit of the property covered by the application, showing the location and type of boundary evidenced. The legal description shall include the following data: (a) Established legal description, approved metes and bounds legal description or subdivision description of all property lines; (b) Total area of property; (9) Location of floodplain areas subject to flooding, centerlines of drainage courses, and finished floor elevations of proposed buildings; (10) Height, number of floors and proposed square footage of all buildings, both above and below or partially below the finished grade; (11) Traffic and the pedestrian circulation system, including the location and width of all streets, alleys, driveways, entrances and exits to parking areas and parking structures, number of parking spaces, walkways and bicycle paths; (12) Off-street parking and loading areas, including dimensions of proposed drives and parking spaces, and structures and landscaping for parking areas; (13) Recreation and open space areas, together with proposed private recreational areas, specifying the proposed improvement of all such areas, and delineating those areas proposed for specific types of recreational facilities; (14) A master sign plan, detailing all proposed signage for the site; (15) A plan or statement showing the location and design of all screening measures and indicating the type, building materials and height of such screening; (16) When the development is to be constructed in stages or units, a final sequence of development schedule showing the order of construction of such stages or units, and approximate completion date for the construction of each stage or unit; (17) A copy of all covenants, restrictions and conditions pertaining to the use, maintenance and operation of private open space areas; (18) A final statement in tabular form (chart) which sets forth the following data, when such data is applicable to a given development plan: (a) Total number of dwelling units; (b) Residential density and units per acre; (c) Total floor area (in square feet) and floor area ratio; (d) Total area in open space; (e) Total area in developed recreational open space; (f) Total number of off-street parking spaces, required and provided and total off-street loading spaces, required and provided; (19) A landscape plan, which shall show all existing trees greater than eight (8) inches in diameter and proposed landscaping in accordance with Chapter 6.4.C; (20) Drainage information sufficient to meet County requirements; and (21) Comments or reports of advisory body reviewing application. 4. Review Criteria. Before approving the site plan, the Zoning Administrator shall make the following determinations: a. The site is capable of accommodating the building(s), parking areas and drives with appropriate open spaces and is in compliance with all requirements of this Code; b. The site plan provides for safe and convenient ingress, egress and internal traffic circulation; c. All development features, including the principal building and any accessory buildings, open spaces, service roads and parking areas are located so as to minimize the possibility of adverse effects on adjacent properties; d. The plan is consistent with accepted land planning and site engineering design principles; e. The plan represents an overall development pattern that is consistent with the Master Plan, design guidelines and other adopted planning policies; and f. The plan complies with all applicable development regulations. OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

167 MONROE COUNTY UNIFIED DEVELOPMENT CODE 5. Validity. a. Site plan approval shall lapse one (1) year from the date of site plan approval, unless a zoning permit is issued and construction is commenced. b. Site plan approval shall be valid as long as the applicant retains a valid zoning permit. c. Site plan approval shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the application. C. Sign Permits 1. Purpose. A sign permit(s) shall be required for all signs to ensure that signs are safely constructed and comply with the provisions of this Code. 2. Applicability. No person shall erect or display a non-exempt sign as outlined in Chapter 7, until a sign permit has been issued by the Zoning Administrator. Permits are required for all new signs except for onpremise temporary signs in accordance with Chapter 7. The alteration of sign faces by painting or replacement of painted sign face shall not be considered new sign construction and shall not require a permit. Touching up or repainting existing letters, symbols and sign cases and poles shall be considered maintenance and repair and shall not require a permit. 3. Application. The applicant shall file a completed application with the Zoning Administrator, including plans for all signs which indicate: a. the proposed location on the property; b. any other signs located on the property; c. the design, materials, height and area of the proposed sign; and d. other information required to determine compatibility with the requirements of Chapter Review Criteria. All signs shall be designed and constructed in accordance with the requirements of Chapter Validity. The sign shall be completed within six (6) months, or as otherwise indicated in the sign permit. If no construction of the sign has commenced within this time period, the permit shall be no longer valid and a new sign application shall be required. The sign permit shall be valid as long as the use and sign are in compliance with applicable codes. D. Home Occupation Permit 1. Purpose. A home occupation permit is required to ensure that all home occupations are conducted in a safe manner without adverse affects on adjacent residences. 2. Applicability. No person shall conduct a home occupation until a home occupation permit has been issued by the Zoning Administrator. 3. Application. The applicant shall file a completed application with the Zoning Administrator describing the location and operation of the proposed home occupation in sufficient detail to ensure that the occupation will be conducted in accordance with the home occupation regulations in Chapter Review Criteria. All proposed home occupations will be conducted in conformance with the home occupation performance standards established in Chapter 5.7 which shall be used as review criteria to evaluate the home occupation permit application. 5. Validity. After the permit has been issued, it shall be reviewed every second year in January. Monroe County shall contact the home occupation permit holder(s) for the review process and collect the applicable fee. If the use has complied and continues to comply with the provisions of this UDC, then the permit shall be renewed. E. Home Industry Permit 1. Purpose. A home industry permit is required to ensure that all home industries are conducted in a safe manner without adverse affects on adjacent residences. 2. Applicability. No person shall conduct a home industry until a home industry permit has been issued by the Zoning Administrator. 3. Application. The applicant shall file a completed application with the Zoning Administrator describing the location and operation of the proposed home industry in sufficient detail to ensure that the home industry will be conducted in accordance with the home industry regulations in Chapter Review Criteria. All proposed home industries will be conducted in conformance with the home industry performance standards established in Chapter 5.8 which shall be used as review criteria to evaluate the home industry permit application. 5. Validity. After the permit has been issued, it shall be reviewed every second year in January. Monroe County shall contact the home industry permit holder(s) for the review process and collect the applicable fee. If the use has complied and continues to comply OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

168 MONROE COUNTY UNIFIED DEVELOPMENT CODE with the provisions of this UDC, then the permit shall be renewed. F. Temporary Use Permits 1. Purpose. A temporary use permit is intended to ensure that temporary uses are conducted in a safe manner that mitigates potential adverse impacts on County infrastructure and adjacent properties. 2. Applicability. No person shall establish a temporary use until a temporary use permit has been obtained from the Zoning Administrator. 3. Temporary Accessory Dwelling. A temporary accessory dwelling may be authorized only by the Board of Adjustment through issuance of a Conditional Use Permit as outlined in Chapter 5.1.B. 4. Exempt Temporary Uses. The following temporary uses shall be exempt from the requirements of this section subject to the conditions established in Chapter 5 and review criteria established in Section 2.2.F.6. a. Special events and activities conducted on public property such as school sites and County parks; b. Christmas tree sales; c. Garage sales, auctions and other selling of items from a site; d. Seasonal greenhouses that are accessory to an established business; e. Seasonal sale of agricultural products; f. Temporary activities and structures needed as the result of a natural disaster or other health and safety emergencies are permitted for the duration of the emergency; g. Travel trailer(s) located outside of a travel trailer park and placed for less than fourteen (14) days. (A travel trailer or recreational vehicle shall not be allowed as a permanent structure or residence and shall not be permitted as such.) h. Fairs, carnivals and other major public gatherings may be permitted for up to nine (9) consecutive days at a site with an existing institutional use. Up to four (4) events may be allowed per calendar year. If the Zoning Administrator finds that access, parking or other facilities are inadequate then the Zoning Administrator may forward the application to the Board of Adjustment for final determination. 5. Application and Review Procedures. The applicant shall file a completed application with the Zoning Administrator describing the location and operation of the proposed temporary use in sufficient detail to ensure that the use will be conducted in accordance with the temporary use regulations in Chapter Review Criteria. The Zoning Administrator shall issue a temporary use permit only for applications meeting the following criteria: a. The uses are authorized temporary uses pursuant to Chapter 5.20; b. The use will not be detrimental to the public health, safety and general welfare; c. The use shall not be located on publicly owned property unless the applicant first obtains applicable permits through the County or other public property owner; d. Adequate off-street parking shall be provided to serve the use. The entrance and exit drives comply with this Code, except that paving shall not be required for a temporary use; e. Structures and/or display of merchandise: (1) shall comply with the yard and property line set-back requirements of the zone district within which the use is located; (2) shall not interfere with the sight visibility triangle of the intersection of the curb line of any two (2) streets or a driveway and a street; and (3) shall not use the public right-of-way for any activity but site access; f. For temporary sales, a sales tax license shall be obtained from the State Revenue Department; and g. Signing for temporary uses shall be in conformance with Chapter Validity. A temporary use permit shall be valid for a maximum period of six (6) months and shall be neither transferable nor extendable. G. Access Permits 1. Purpose. An access permit shall be required for any development or use within public right-of-way to ensure that the use is conducted safely and does not pose potential burdens on the public. 2. Applicability. No structure (i.e. buildings, driveways, fences, irrigation facilities, culverts and signs) shall be constructed and no use established within a public right-of-way without an access permit. 3. Application. The applicant shall file a completed application with the County Engineer describing proposed structure or use in sufficient detail for the County Engineer to evaluate the impacts of the proposed structure or use on the public health, safety and welfare. 4. Approval Criteria. The County Engineer OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

169 MONROE COUNTY UNIFIED DEVELOPMENT CODE may approve an application for an access permit upon finding that: a. there will be benefits for the community or area by granting the proposed access permit; b. the proposed use will not negatively impact access, traffic circulation, neighborhood stability or character, sensitive areas such as floodplains or natural hazard areas; and c. the proposed use is in conformance with the requirements of this Code and all applicable County policies. 5. Validity. An access permit shall be valid for the term approved by the County Engineer, provided that if the structure is not constructed or the use is not established within six (6) months of issuance, the permit shall be void. H. Flood Plain Permits 1. Purpose. A flood plain development permit is required to ensure that all structures and uses comply with the provisions of this Code and that human life, health and public or private property shall not be adversely impacted by the proposed construction or alteration of the flood plain. 2. Applicability. No construction or development of a flood plain shall occur within any area of special flood hazard as established in Chapter 6.5 unless a flood plain development permit has been obtained. 3. Application. The application requirements shall provide all information required to ensure compliance with the standards of Chapter 6.5. Flood plain development plans shall include, but not be limited to the following information: a. elevation in relation to mean sea level of the lowest floor (including basement) of all structures; b. elevation in relation to mean sea level to which any structure has been flood proofed; c. certification by a registered professional engineer or architect that the flood proofing methods for any non-residential structure meet the flood proofing criteria in Chapter 6.5; and d. description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Chapter 6.5, the Zoning Administrator shall obtain, review, and reasonably use any base flood elevation and flood way data available from any federal, state, or other source as criteria for requiring that new construction, substantial improvements, or other development in Zone A are administered in accordance with Chapter Review Criteria. The Zoning Administrator shall approve the application only upon finding that the application complies with all the requirements of Chapter 6.5 of this Code. 6. Validity. The flood plain development permit shall be valid for the use for which the permit was granted for the length of time indicated in the permit as long as the use is in compliance with applicable codes. Such permit may be revoked by the Board of Adjustment for noncompliance with the terms of the permit. 7. Zoning Administrator s Flood Plain Responsibilities. a. Record Keeping. Information to be obtained and maintained by the Zoning Administrator includes: (1) The actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, whether or not the structure contains a basement. (2) For all new or substantially improved flood proofed structures, the actual elevation (in relation to mean sea level) to which the structure has been flood proofed and the flood proofing certifications required in Chapter 6.5. (3) All records pertaining to the provisions of this Code. b. Alteration of Watercourses. The Zoning Administrator shall: (1) Notify adjacent communities prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the floodcarrying capacity is not diminished. c. Interpretation of FIRM Boundaries. The Zoning Administrator shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

170 MONROE COUNTY UNIFIED DEVELOPMENT CODE Chapter Major Development Applications Exhibit 2.3A: Master Plan Amendment Approval Process Pre Application Meeting Application Submittal Schedule Public Hearing Public Notice Zoning Commission Hearing Board of Supervisors Hearing Board of Supervisors Decision A. Master Plan Amendments (Comprehensive Plan) 1. Purpose. The Master Plan may be amended from time to time. By resolution, the Board of Supervisors may establish a schedule prescribing when and how frequently Master Plan Amendments will be considered.application and Procedures. a. Amendments to the Master Plan Text or Future Land Use Map may be initiated by the Zoning Administrator, Zoning Commission, Board of Supervisors or by written request of an owner of property located in the County. b. Before any application is made, the applicant is encouraged to confer with the Zoning Administrator to discuss, in general, the procedures and requirements for a Master Plan Amendment request pursuant to this Code. c. A property owner may initiate a Master Plan Amendment request by filing an application with the Zoning Administrator and paying the application filing fee as established by the Board of Supervisors. d. A Master Plan text Amendment application shall include the proposed amendment, the name and address of the person(s) proposing the amendment, and the reasons for the amendment. e. A Master Plan map amendment application shall include: (1) A legal description of the subject property for which the master plan amendment is requested; (2) A scaled map of the property, correlating with the legal description, and clearly showing the property's location; (3) The name, address, and telephone number of the applicant and the property owner; (4) A description of the present use of the property and the existing zoning district classification; (5) Identification of the requested new master plan classification; (6) The area of the property in square feet and/or acres; (7) The proposed time schedule for development. (8) The source/method for providing utility/ infrastructure services to the property; (9) A statement from the appropriate fire and law enforcement official(s) stating that adequate fire and police protection will be available to the area; (10) A description of existing road conditions and any new roads to be included in the development and or the effect of the proposed development on existing roads and traffic conditions; (11) Declaration of the property's status relative to flood plain information provided by FEMA; OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

171 MONROE COUNTY UNIFIED DEVELOPMENT CODE (12) A list of any state, federal or other public agency approvals or permits required for the proposed development; (13) The effect that development of the property may have on surrounding properties and any proposed mitigation measures; (14) The existing master plan land use category and zoning districts of adjacent properties; (15) The existing land uses for adjacent properties; (16) The signature(s) of the applicant(s) and owner(s) certifying the accuracy of the required information; (17) Other exhibits or information as may be required by the Zoning Administrator; and (18) Names and addresses of the owners of property located within five hundred (500) feet of the proposed plan amendment site in all areas except R-1 and R-S areas. In R-1 and R-S areas names and addresses of the owners of property located within two hundred (200) feet of the proposed plan amendment. f. No application for a Master Plan Amendment or Master Plan Map Amendment shall be re-submitted for a period of six (6) months from the date of denial. 3. Review Criteria. The following criteria shall be considered when reviewing a Master Plan amendment application: a. Where there was an error in the original Master Plan adoption in that the Board of Supervisors failed to take into account then existing facts, projections or trends that were reasonably foreseeable to exist in the future. b. Whether events subsequent to the Master Plan adoption have invalidated the Board of Supervisors original premises and findings made upon plan adoption. c. Whether any or all of the Board of Supervisors original premises and findings regarding the Master Plan adoption were mistaken. d. Whether events subsequent to the Master Plan adoption have changed the character and/or condition of the area so as to make the application acceptable. 4. Staff Action. The Zoning Administrator shall review the application and prepare a report that includes his/her recommendations to the Zoning Commission and shall forward copies of the application to the Zoning Commission. 5. Zoning Commission Action. a. The Zoning Commission shall hold a public hearing on each proposed Master Plan amendment. The public hearing must be held within sixty (60) days of the completed application date unless a continuance is granted as set out in Section 2.1.C.4. b. When the Zoning Commission deems it necessary or expedient, the Zoning Commission may consider other property for a change or amendment of plan category in addition to the property described in the application provided that such additional property is included in the hearing notices. c. In determining its recommendation of whether the proposed amendment shall be approved, the Zoning Commission shall consider the review criteria established in Section 2.3.A.3. d. Upon conclusion of the public hearing, the Zoning Commission shall forward to the Board of Supervisors a summary of all evidence taken at the hearing, together with its recommendations for any change to the Master Plan. The Zoning Commission may recommend approval, disapproval, or conditional approval. The reasons for the recommendations shall be included. A copy of the recommendations shall be given to the applicant. 6. Board of Supervisors Action. a. Upon the receipt of the recommendation of the Zoning Commission and written public input, the Board of Supervisors shall consider the application at a public hearing to be held within thirty (30) days of the receipt of the written report from the Zoning Commission. The Board of Supervisors may approve, deny, or conditionally approve the recommendation of the Zoning Commission. b. The Board of Supervisors shall consider the review criteria established in Section 2.3.A.3 when making its decision. c. The Board of Supervisors shall provide the applicant written notice of their decision, which shall state the findings of fact supporting the granting or denial of the application and the conditions or restrictions imposed shall be clearly set forth. d. If the Board of Supervisors approves the application, it shall adopt a resolution OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

172 MONROE COUNTY UNIFIED DEVELOPMENT CODE approving this change. If the Plan amendment is approved, future amendments to the Zoning District Map shall be consistent with the approved Master Plan amendment. The Board of Supervisors shall forward their findings to the Zoning Administrator and direct any of the necessary changes to the record be made. All documents shall be kept on file with the Zoning Administrator and made available for public inspection. e. If the application is not approved any person or persons jointly or severally aggrieved by any decision of the Board of Supervisors may present to a court of record a petition as set out in Chapter 335 of the Code of Iowa and as set forth in Section 2.3.K. B. Zoning Map Amendments (Rezoning) Exhibit 2.3B Zoning Amendment Approval Process Pre- Application Meeting Application Submittal Schedule Public Hearing Public Notice Zoning Commission Board of Supervisors Hearing & Decision 1. Purpose. Amendments to the zoning district map may be beneficial from time to time to better achieve the goals of the master plan and to more effectively provide for growth in a manner that is consistent with the Master Plan. 2. Application and Procedures. a. An owner of real property within the County, or that owner's authorized representative, may apply for a change in zoning district boundaries for the landowner's property. Such amendments also may be initiated by the Zoning Commission, County Staff, Zoning Administrator, or the Board of Supervisors. b. Before any application is made, the applicant is encouraged to confer with the Zoning Administrator to discuss, in general, the procedures and requirements for a change in Zoning District boundaries. c. A property owner may initiate a Zoning District Boundary amendment request by filing an application with the Zoning Administrator and paying the application filing fee as established by the Board of Supervisors. d. A change in Zoning District Boundaries request shall include the proposed request, the name and address of the person(s) proposing the request and the reasons for the request. e. When a property owner seeks a change in the zoning district map, the applicant shall submit an application that includes the following information to the Zoning Administrator: (1) Legal description of the property; (2) A scaled map of the property, correlating with the legal description, and clearly showing the property's location; (3) The name, address, and phone number of the applicant and property owner; (4) A description of the present use of the property and existing zoning; (5) Description of proposed use of the property and requested zoning; (6) The area of the property in square feet and/or acres; (7) The proposed time schedule for development; (8) The source/method for providing utility/infrastructure services to the property or area; (9) A statement from the appropriate fire and law enforcement official(s) stating that adequate fire OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

173 MONROE COUNTY UNIFIED DEVELOPMENT CODE and police protection will be available to the property; (10) A description of existing road conditions and any new roads to be included in the development and the effect the proposed development will have on existing road and traffic conditions; (11) Declaration of the property's status relative to flood plain information provided by FEMA; (12) A list of any state, federal, or other public agencies' approvals or permits required for the proposed development; (13) The effect the proposed development may have on surrounding properties; (14) Additional exhibits as may be required by the Zoning Administrator such as a site plan showing elevations of property, location and size of all existing and proposed structures, roadways, easements, and parking areas, and the location of present and proposed points of access of the property; and (15) The signatures(s) of the applicant(s) and owners(s) certifying the accuracy of the submitted information. (16) A list of the owners of property located within five hundred (500) feet of the property to be rezoned in all areas except R-1 and R-S areas. In R-1 and R-S areas owners of property located within two hundred (200) feet of the property to be rezoned will be notified. f. No application for a Zoning District Boundary Amendment shall be resubmitted for a period of six (6) months from the date of denial. 3. Review Criteria. The following criteria shall be considered when reviewing an application to amend the zoning map: a. The proposed change is consistent with the Master Plan. b. The proposed change is consistent with the character of the area in which the requested rezoning is proposed. c. The proposed zoning is compatible with the zoning and uses of property nearby. d. The existing zoning is unsuitable for the development of the uses authorized under the existing zoning classification. e. Public and community facilities, which may include, but are not limited to, sanitary and storm sewers, water, electrical service, police and fire protection, schools, parks and recreation facilities, roads, libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning. f. Authorized uses will not adversely affect the capacity or safety of the street network in the vicinity of the property. g. Potential environmental impacts (e.g., excessive storm water runoff, water pollution, air pollution, noise pollution, excessive lighting, or other environmental harms) of authorized uses will be mitigated. 4. Staff Action. The Zoning Administrator shall review the application and prepare a report that includes his/her recommendations to the Zoning Commission and shall forward copies of the application to the Zoning Commission. 5. Zoning Commission Action. a. The Zoning Commission shall hold a public hearing on each proposed rezoning amendment within sixty (60) days of the application filing date unless a continuance is granted as set out in Section 2.1.C.4. b. When the Zoning Commission deems it necessary or expedient, the Zoning Commission may consider other property for a change or amendment of zoning district in addition to the property described in the application, provided that such additional property is included in the hearing notices. c. When determining its recommendation of whether the proposed amendment shall be approved, the Zoning Commission shall consider the review criteria established in Section 2.3.B.3. d. Upon conclusion of the public hearing, the Zoning Commission shall forward to the Board of Supervisors a summary of all evidence taken at the hearing, together with its recommendations for any change to zoning district boundaries and/or regulations. The Zoning Commission may recommend approval, disapproval, or conditional approval. The reasons for the recommendations shall be included. A copy of the recommendations shall be given to the applicant. 6. Board of Supervisors Action. a. Upon the receipt of the recommendation of the Zoning Commission and any written public input, the Board of Supervisors shall consider the application at a public hearing to be held within thirty (30) days of the receipt of the written OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

174 MONROE COUNTY UNIFIED DEVELOPMENT CODE report from the Zoning Commission. The Board of Supervisors may approve, deny or conditionally approve the recommendation of the Zoning Commission. b. The Board of Supervisors shall consider the review criteria established in Section 2.3.B.3 when making its decision. c. The Board of Supervisors shall provide the applicant written notice of their decision, which shall state the findings of fact supporting the granting or denial of the application and the conditions or restrictions imposed shall be clearly set forth. d. If the Board of Supervisors approves the rezoning request, it shall adopt a resolution approving the change. The amending resolution shall define the change or boundary as amended and instruct the Zoning Administrator and County Auditor to amend the Zoning District Map to reflect such an amendment. The resolution shall be filed with the Monroe County Zoning Administrator and shall be kept on file in the Zoning Administrator s office and made available for public inspection. e. If the application is not approved any person or persons jointly or severally aggrieved by any decision of the Board of Supervisors may present to a court of record a petition as set out in Chapter 335 of the Code of Iowa. C. UDC Text Amendments 1. Purpose. Amendments to the text of this Code may be beneficial from time to time to better achieve the goals and policies of the Master Plan, to more effectively address the impacts of development and to better promote the desired character of development. 2. Application and Procedures. Applications for amendment to the text of this code shall be processed in accordance with the process for zoning map amendments, except that mailed and posted notice shall not be required. a. An application for a text amendment may be initiated by the Board of Supervisors, Zoning Administrator, Planning and Zoning Commission or any owner of property within the County. All applications, which shall be submitted to the Zoning Administrator, shall be in a format clearly indicating the proposed changes and shall state the reasons supporting the amendment and the specific circumstances, if any, requiring the change. b. Before any application is made, the applicant is encouraged to confer with the Zoning Administrator to discuss, in general, the procedures and requirements for a Code Text Amendment. c. A property owner may initiate a Code Text Amendment by filing an application with the Zoning Administrator and paying the application filing fee as established by the Board of Supervisors. d. A Code Text Amendment shall include the proposed change, the name and address of the person(s) proposing the change and the reasons for the request. e. Applications shall describe: (1) Whether such change is consistent with the intent and the purpose of this Code and the goals and policies of the Master Plan; (2) The areas that are most likely to be directly affected by such change and the likely effects; and (3) Whether the proposed amendment is made necessary because of changed or changing social values, new planning or other social or economic conditions in the areas and zoning districts affected. f. No application for a Code Text Amendment shall be re-submitted for a period of six (6) months from the date of denial. 3. Review Criteria. The following criteria shall be considered when reviewing Code Text Amendments; a. The proposed change is consistent with the Master Plan; b. The proposed change will not be detrimental to the public health, safety or welfare; and c. The proposed change will advance the purposes of this Code. 4. Staff Action. The Zoning Administrator shall review the application and prepare a report that includes his/her recommendations to the Zoning Commission and shall forward copies of the application to the Zoning Commission. 5. Zoning Commission Action. a. The Zoning Commission shall hold a public hearing on each proposed Code Text Amendment Change within sixty (60) days of the application filing date, unless a continuance is granted as set out in Section 2.1.C.4. b. When the Zoning Commission deems it necessary or expedient, the Zoning OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

175 MONROE COUNTY UNIFIED DEVELOPMENT CODE Commission may consider other Code Text Amendment Changes provided that such changes are included in the hearing notices. c. When determining its recommendation of the proposed Code Text Amendment shall be approved, the Zoning Commission shall consider the review criteria established in Section 2.3.C.3. d. Upon the conclusion of the public hearing, the Zoning Commission shall forward to the Board of Supervisors a summary of all evidence taken at the hearing, together with its recommendations for any change to Code Text. The Zoning Commission may recommend approval, disapproval, or conditional approval. The reasons for the recommendations shall be included. A copy of the recommendations shall be given to the applicant. 6. Board of Supervisors Action. a. Upon the receipt of the recommendation of the Zoning Commission and any written public input, the Board of Supervisors shall consider the application at a public hearing to be held within thirty (30) days of the receipt of the written report from the Zoning Commission. The Board of Supervisors may approve, deny or conditionally approve the recommendation of the Zoning Commission. b. The Board of Supervisors shall consider the review criteria established in Section 2.3.C.3 when making its decision. c. The Board of Supervisors shall provide the applicant written notice of their decision, which shall state the findings of fact supporting the granting or denial of the application. d. If the Board of Supervisors approves the Text Amendment Change, it shall adopt a resolution approving the change. The amending resolution shall define the Text Change and instruct the Zoning Administrator to amend the Unified Development Code to reflect such change. The resolution shall be filed with the Monroe County Zoning Administrator and shall be kept on file in the Zoning Administrator s office and made available for public inspection. e. If the application is not approved any person or persons jointly or severally aggrieved by any decision of the Board of Supervisors may present to a court of record a petition as set out in Chapter 335 of the Code of Iowa. D. Planned Unit Development 1. Purpose. The Planned Unit Development district may be applied to residential, commercial, industrial and mixed use projects to provide design flexibility not available through strict interpretation of the standards established in this Code. Design flexibility is provided through the Planned Unit Development district to enhance long-term community benefits that may be achieved through high quality development that provides: a. More efficient infrastructure. b. Reduced traffic demands. c. More usable public or private open space. d. Recreational amenities. e. Needed housing choices. 2. Concept Plan. a. Purpose. A Concept Plan constitutes a major step in the review process. The submittal shall be detailed enough to answer the question, "Should this use, designed in this particular manner, be constructed on this site?" The Zoning Commission shall recommend and the Board of Supervisors shall establish the density for all portions of a Planned Unit Development (PUD). All required perimeter rights-of-way shall be dedicated at the time the Concept Plan is approved. b. Application. A Concept Plan application shall be submitted to the Zoning Administrator and be accompanied by a filing fee as established by the Board of Supervisors. The Concept Plan shall include the following information: (1) A conceptual site plan showing the locations, intensity and types existing and proposed land uses, proposed street patterns, and buffers. (2) A written list of: (a) The number of acres in each proposed land use; (b) The density being requested; (c) The character and density of dwellings, structures or uses on each portion of the property; (d) Developments of more than ten (10) acres shall indicate whether portions of the total land area will be phased; projects ten (10) acres in size shall submit the entire area for preliminary review at one time; (e) Proposed schedule of OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

176 MONROE COUNTY UNIFIED DEVELOPMENT CODE development; (f) Legal description of the area proposed for rezoning; and (g) Names and addresses of all adjacent property owners within five hundred (500) feet of all boundaries of the property in all areas except R-1 and R-S. In R- 1 and R-S areas names and addresses of all adjacent property owners located within two hundred (200) feet of all boundaries of the property. (3) If the applicant proposes to establish a homeowners association or corporation to maintain and administer the project's lands, streets and/or facilities, the applicant shall provide Articles of Incorporation and Restrictive Covenants for the review of the County. (4) If private roads are proposed for the PUD district, they shall be so indicated on the Plan. (5) If subdivision of land is required, the applicant shall submit a preliminary plat prepared in accordance with Section 2.3.G. at the time of the Concept Plan application. c. Review Criteria. The Concept Plan application shall be evaluated using the review criteria established for zoning map amendments Section 2.3.B and major subdivisions Section 2.3.G. d. Zoning Commission Action. The Zoning Commission shall review the Concept Plan application at a public hearing and recommend approval, disapproval, or conditional approval. The public hearing shall be held within sixty (60) days of the receipt of the completed application. e. Upon conclusion of the public hearing, the Zoning Commission shall forward to the Board of Supervisors a summary of all evidence taken at the hearing, together with its recommendations to accept the Concept Plan. f. Board of Supervisors Action. The Board of Supervisors shall review the Concept Plan application and proposed zoning amendment at a public hearing and approve, disapprove, or conditionally approve the application. The reasons for the recommendations shall be included. A copy of the recommendations shall be given to the applicant. Exhibit 2.3D: Planned Unit Development Pre-App Mtg. Concept Application Submittal Schedule Public Hearing Public Notice Zoning Commission Hearing Board of Supervisors Hearing Decision on Concept Plan Repeat above steps from application through decision for final PUD Plan Approval g. Validity. The Concept Plan shall be valid for one year, unless otherwise established at the time of approval. An extension of time to comply with the conditions of a rezoning approval may be granted. 3. Final Development Plan. a. Purpose. The Final Development Plan, together with the development schedule and Final Plat, shall act as the blue print OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

177 MONROE COUNTY UNIFIED DEVELOPMENT CODE for development of a Planned Unit Development project over the length of time the project is developed. The Final Development Plan and Final Plat refine the information submitted during the Concept Plan stage. b. Application. (1) The Final Development Plan, Final Plat and rezoning request shall be submitted concurrently. (2) Construction and maintenance of all existing and proposed publicly-or commonly-owned site improvements shall be included in an improvements agreement, improvements guarantee, and development schedule. Such improvements may include, but shall not be limited to: (a) road grading, surfacing /signing /lighting; (b) curbs/gutters; (c) sidewalks/pedestrian walks/trails/associated structures; (d) sanitary sewers as applicable; (e) water lines and fire hydrants as applicable; (f) drainage/structures/ improvements; (g) open space improvements /facilities /landscaping; (h) structures/parking areas; (i) irrigation water system for open space; and (j) irrigation water delivery system for all lots. (3) For phased PUD projects, specific densities shall be assigned to each phase. Density from one phase may be shifted to another phase subject to Board of Supervisors approval, provided that overall density shall not be increased from the approved Concept Plan. (4) If a homeowners association or corporation is proposed, the applicant shall provide Articles of Incorporation and Restrictive Covenants. These documents shall be recorded with the Final Development Plan, Final Plat and zoning amendment. (5) Private roads proposed for the PUD district shall be indicated on the Plan and shall be designed and constructed in accordance with Chapter 8.6. (6) The applicant shall complete or guarantee all improvements in accordance with Section 2.3.I. c. Review Criteria. The Final Development Plan and Final Plat application and submittal shall be in substantial conformance with the Concept Plan. The Final Plan shall be considered in substantial conformance with the Concept Plan if it does not: (1) Vary the proposed gross residential density or intensity of use; (2) Vary the proposed ratio of residential to non-residential use; (3) Involve a reduction of the area set aside for common open space or the substantial relocation of such area; (4) Substantially increase the floor area proposed for non-residential use; or (5) Substantially increase the total ground areas covered by buildings or involve a substantial change in the height of buildings. d. Zoning Commission Action. The Zoning Commission shall review the Final Plan and Final Plat application and proposed zoning amendment and recommend approval, disapproval, or conditional approval. e. Board of Supervisors Action. The Board of Supervisors shall review the Final Plan and Final Plat application and proposed zoning amendment within thirty (30) days following the receipt of the Zoning Commission recommendation. The Board of Supervisors shall approve, conditionally approve or deny the Final Development Plan, development schedule and Final Plat within twenty (20) days of its hearing. The applicant shall provide all required subdivision guarantees prior to the final reading of the ordinance creating the Planned Unit Development. f. Recording. The Final Development Plan and Final Plat with Restrictive Covenants and Articles of Incorporation, if any, and any other related documents and changed zoning shall be recorded in the County Recorder s Office within one hundred eighty (180) days of approval by the Board of Supervisors. g. Amendments to the Final Development Plan and Final Plat. No changes may be made in the approved Final Development Plan and Final Plat unless in conformance with the following requirements: (1) Minor Changes. Minor changes may be authorized by the Zoning Administrator under the following conditions: OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

178 MONROE COUNTY UNIFIED DEVELOPMENT CODE (a) The term "minor changes" as used in this Section is considered to represent changes which do not alter the overall characteristics of the total plan and which create no adverse impacts on adjacent uses or public services and facilities. Some examples of what can be considered as minor changes are: i. changes in location and type of landscaping and/or screening provided that the approved character and intent is maintained; ii. changes in the orientation of portions of parking areas provided that the overall site circulation and parking design continues to be safe and convenient. Parking areas shall be relocated not closer than twenty (20) feet to any residential structure or ten (10) feet to any street or right-of-way lines; and the number of parking spaces shall not be reduced by the relocation. (i) changes in the location of sidewalks and pathways, provided that continuity of pedestrian circulation remains; (ii) the reorientation, but not complete relocation, of major structures; or (iii) changes that will not impact adjacent properties or uses. iii. No minor change authorized by this Section may cause any of the following: (i) change in the permitted uses or of development character; (ii) increased overall coverage of structures; (iii) increased intensity of use; (iv) increased demand for traffic circulation and public utilities; (v) decrease in public or private open space; (vi) decrease in provisions for off-street parking, loading and screening thereof; (vii) decrease in pavement and sidewalk widths; or (viii) increased numbers of dwellings. (2) Major Changes. All other changes to the approved Final Development Plan shall be deemed "major" and shall be approved only by the Board of Supervisors after review of a revised Final Development Plan and/or Map. No amendments may be made in the approved Final Development Plan unless the applicant establishes that such amendments are required as a result of: changes in conditions which occurred after Final Development Plan approval; changes in the development policy of the community; or by conditions that were reasonably unforeseen at the time of Final Development Plan approval. (3) Recording of Changes and Amendments. Any changes which are approved for the Final Development Plan and/or Final Plat shall be recorded as amendments to the previously recorded Plan and/or Map. E. Conditional Use Permits 1. Purpose. Conditional Uses are those uses which may be compatible with the permitted land uses in a given zoning district, subject to site specific conditions. 2. Status of Conditional Permitted Uses. a. The application or request for a conditional use in a zoning district does not guarantee authorization or assurance that such use will be approved. b. Approval of a Conditional Use Permit shall be deemed to authorize only the particular use for which the permit is issued. c. No use authorized by a conditional use permit shall be enlarged, extended, increased in intensity or relocated unless an application is made for a new conditional use permit in accordance with the procedures set forth in this Section. OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

179 MONROE COUNTY UNIFIED DEVELOPMENT CODE d. No use authorized by a conditional use permit transfers with the sale of the real property. A conditional use permit is valid for the approved applicant only. If the real estate or business changes ownership the new owners must re-apply for a conditional use permit in their name, unless originally specified in the Conditional Use Hearing or Permit. e. Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these regulations, other appropriate provisions of the Code, or any permits required by regional, state or federal agencies. Exhibit 2.3E: Conditional Use Permit Process Pre-App Mtg. Application Submittal Schedule Public Hearing Public Notice Board of Adjustment Hearing Board of Adj. Decision 3. Application and Procedures. a. An application for a conditional use permit may be submitted by the property owner or by the property owner's designated representative. b. Before any application is made the applicant is encouraged to confer with the Zoning Administrator to discuss, in general, the procedures and requirements for a conditional use. The application shall be accompanied by a site plan. If a zoning amendment is required or requested, such application shall accompany the application for a conditional use permit. c. A property owner may initiate a conditional use application by filing an application with the Zoning Administrator and paying the application filing fee as established by the Board of Supervisors. d. A Conditional Use request shall include the proposed request, the name and address of the person(s) proposing the request and the reasons for the request. e. When a property owner seeks an application for Conditional Use, the applicant shall submit an application that includes the following information to the Zoning Administrator. (1) A legal description of the property; (2) A description of the present use of the property and existing zoning; (3) The name, address, and phone number of the applicant and property owner; (4) The area of the property in square feet and/or acres; (5) The proposed time schedule for development; (6) The source/method for providing utility/infrastructure services to the property; (7) A statement from the appropriate fire and law enforcement official(s) stating that adequate fire and police protection will be available to the property; (8) The maximum number of employees. (9) Hours of operation; (10) A list of any state, federal or public agencies, approvals or permits required for the proposed development; (11) The effect the proposed development may have on surrounding properties; (12) The type of lighting and impacts on adjacent properties; (13) Additional exhibits as may be required by the Zoning Administrator such as a site plan showing elevations of property, location and size of all existing and proposed structures, roadways, easements, and parking areas, and location of present and proposed points of access of the property; (14) The signature(s) of the applicant(s) and owner(s) certifying the accuracy of the submitted information; OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

180 MONROE COUNTY UNIFIED DEVELOPMENT CODE (15) A list of the owners of property located within five hundred (500) feet of the property to be considered for Conditional Use in all areas except R-1 and R-S areas. In R-1 and R-S areas a list of the owners of property located within two hundred (200) feet of the property to be considered will be provided; and (16) Any other information or exhibits as may be required by the Zoning Administrator or information that the applicant feels is pertinent to or would be helpful to the Board of Adjustment regarding your request. f. If a zoning amendment is required or requested in connection with the Conditional Use Application, an additional application and required fee shall accompany the application for a Conditional Use Application. g. No application for a Conditional Use Permit shall be re-submitted for a period of six (6) months from the date of denial. 4. Review Criteria. The following criteria shall be used when reviewing a Conditional Use Permit: a. The proposed use at the specified location is consistent with the policies embodied in the adopted Master Plan; b. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations and complies with requirements of the Code; c. The proposed Conditional Use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity; d. The proposed use is compatible with and preserves the character and integrity of adjacent development and includes improvements to mitigate adverse development-related impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods; and e. The proposed use does not generate pedestrian and vehicular traffic that will be hazardous to the existing and anticipated traffic in the neighborhood. 5. Staff Action. The Zoning Administrator shall review the application and prepare a report, which includes his/her recommendations to the Board of Adjustment and shall forward copies of the application and other related documents to the Board of Adjustment. 6. Board of Adjustment Action. a. The Board of Adjustment shall hold a public hearing on each application within sixty (60) days of the application filing date, unless a continuance is granted as set out in Section 2.1.C.4. The Board of Adjustment may approve, deny or conditionally approve the application. b. When determining its recommendation of whether the Conditional Use Application shall be approved, the Board of Adjustment shall consider the review criteria established in Section 2.3.E.4 of this chapter. c. Upon conclusion of the public hearing, the Board of Adjustment shall provide the applicant written notice of their decision, which shall state the findings of fact supporting the granting or denial of the application and the conditions or restrictions imposed shall be clearly set forth. d. If the Board of Adjustment approves the Conditional Use Application, it shall adopt a resolution. The resolution shall clearly define any conditions or restrictions imposed and shall be set forth. e. The resolution shall be filed with the Monroe County Zoning Administrator and shall be kept on file in the office of the Zoning Administrator and made available for public inspection. f. If the application is not approved any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment may present to a court of record a petition as set out in Chapter 335 of the Code of Iowa and as set forth in Section 2.3.K. 7. Validity. The Conditional Use permit shall be valid for the duration of the period specified in the resolution approving the conditional use permit unless the Conditional Use permit is revoked by the Board of Adjustment. The duration of the permit may be extended if, upon a review at a public hearing held by the Board of Adjustment, the extension is granted. A conditional use permit is valid for the approved applicant only. If the real estate or business changes ownership the new owners must re-apply for a conditional use permit in their name, unless originally specified in the Conditional Use Hearing. 8. Revocation. Any Conditional Use permit granted under the authority of this Code is subject to revocation by the Board of Adjustment for any or all of the following reasons: a. Non-compliance with any special OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

181 MONROE COUNTY UNIFIED DEVELOPMENT CODE conditions imposed by the Code or by the Board of Adjustment at the time of approval of the Conditional permit. b. Violation of any provisions of the Code pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permit holder or agents of the permitee. c. Violation of any other applicable Code provisions or any state or federal law or regulation by the permit holder or agents of the permit holder, provided that such violations relate to the conduct or activity authorized by the conditional use permit or the qualifications of the permit holder or its agents to engage in such conduct or activity. 9. Expiration of Conditional Use Permit. In the event a conditional use permit is granted, the use is established and the use is subsequently discontinued for a period of one (1) year or more, the Zoning Administrator will send a written notice to the landowner to initiate action to rescind the conditional use permit that was granted. As part of the notice the Zoning Administrator will set a date and time for a public hearing before the Board of Adjustment. Final action shall be taken by the Board of Adjustment and can occur only after said public hearing. F. Minor Subdivisions Exhibit 2.3F: Minor Subdivision Approval Process Application Submittal Staff Review Decision 1. Purpose. The provision of adequate data concerning land use, utility requirements, traffic impact, streets, easements and dedications is vital to ensure the continued health, safety and welfare of the County's residents. Recognizing that the significance of this data is reduced for the small scale projects that are most heavily impacted by cost of producing this data, the County herein establishes a simplified procedure for minor subdivisions. The purpose of this section is to provide minimum standards for the design, development and improvement of all new subdivisions and re-subdivisions of land in a manner consistent with the purposes of this Code. 2. Applicability. Every owner of a tract or parcel of land who shall hereafter subdivide or plat said tract or parcel into two (2) or more parts, any part of which is less than forty (40) acres or an aliquot (quarter-quarter section); shall follow the procedure set forth below and meet the following criteria: a. A survey shall be required for all splits unless determined by all appropriate County Officials that a survey is not needed; b. After each split is created all parcels will meet minimum zoning parcel size requirements. Parcel size shall not include right-of-way; c. After each split is created all existing buildings or structures will meet all side and rear set-back requirements. A sketch or diagram showing all buildings or structures will be provided on the survey or as an addendum to the survey indicating location of existing and proposed rights-of-way and easements; size and location of existing structures or buildings and distances of existing structures or buildings from all property lines; d. Each parcel has an adequate access/ driveway approved by the County Engineer; e. Each new lot or parcel shall front on and have direct access from an existing public street, which is legally open for use. f. No new public street shall be necessary for each lot or parcel to access a public street; g. No off-site improvements to the County s infrastructure are determined to be necessary by the County Engineer; h. No off-site drainage improvements are determined to be necessary by the County Sanitarian; i. The buildable area of any lot meets minimum zoning size requirements without being located within a 100 year floodplain, wetland or area of steep slope (greater than (30%); j Each lot in the subdivision complies with County zoning standards; k. The parent tract was a legally established lot or parcel as of the date of adoption of this ordinance; and OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

182 MONROE COUNTY UNIFIED DEVELOPMENT CODE l. No variances from subdivision or zoning regulations are required. 3. Review Criteria. The Zoning Administrator shall evaluate the minor subdivision in accordance with the approval criteria established in Sections 2.3.G.6.d and 2.3.G.8.d. 4. Recording of Plat. No person(s) shall record a plat of a minor or major subdivision, resubdivision or street dedication, or deed creating a new parcel unless such minor or major subdivision, plat or deed has been reviewed and approved by Monroe County in conformance with this Code and the Code of Iowa. 5. Zoning Permit to be Denied. No zoning permit shall be issued for construction on or use of any parcel or tract where a minor or major subdivision is required by this Code until such subdivision has been approved and recorded in accordance with these regulations and until the improvements required by these regulations have been installed. 6. Application and Procedures. The application and procedure for minor subdivisions shall be the same as for final plats, except that no hearings are required and the Zoning Administrator shall approve, approve with conditions or disapprove the application. In addition to the contents of the final plat, the applicant shall submit a scaled plan showing: a. all portions of the subdivision located within the 100-year floodplain, wetland or area with a slope of greater than 30%; and sinkholes and other hydrological features. G. Major Subdivisions 1. Purpose. The purpose of this section is to provide standards for the design, development and improvement of all new subdivisions and re-subdivisions of land in a manner, consistent with the purposes of this Code and the Master Plan. The provision of adequate data concerning land use, utility requirements, traffic impact, streets, easements and dedications is vital to ensure the continued health, safety and welfare of the County's residents. Recognizing that when development occurs on a larger scale or requires more intensive services the County herein establishes the requirements for a major subdivision. If the requested development does not fall within the scope of a minor subdivision and does not meet the review criteria established for a minor subdivision the applicant shall follow the rules and regulations established for a major subdivision. Exhibit 2.3G: Major Subdivision Approval Process Pre-App Mtg. Sketch Plan Concept Plan for Phased Development Zoning Commission & Board Action Preliminary Plat Zoning Preliminary Commission Plat & Board Action Construction Plans County Engineer Action Final Plat Zoning Commission & Board Action Recordation 2. Applicability. Every owner of any tract or parcel of land who shall hereafter subdivide or plat said tract or parcel into two (2) or more parts, any part of which is less than forty (40) acres or an aliquot (quarter-quarter section); for the purpose of laying out an addition, subdivision, lots, or acreage, within the County, shall plat such area as hereinafter set forth before selling any lots. 3. Recording of Plat. No person shall record a plat of a minor or major subdivision, resubdivision or street dedication, or deed OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

183 MONROE COUNTY UNIFIED DEVELOPMENT CODE creating a new parcel unless such plat or deed has been reviewed and approved by Monroe County in conformance with this Code and the Code of Iowa. 4. Zoning Permit to be Denied. No zoning permit shall be issued for construction on or use of any parcel or tract where a minor or major subdivision is required by this Code until a final plat of such subdivision has been approved and recorded in accordance with these regulations and until the improvements required by these regulations have been installed. 5. Concept Plan. a. Purpose. The purpose of the Concept Plan is to demonstrate conformance with the Master Plan, compatibility of land use, and coordination of improvements within and among individually platted parcels, sections, or phases of a development prior to approval of a Preliminary Plat. Approval of a Concept Plan shall constitute approval of the type(s) and intensity of development and approval of a project phasing plan. A concept plan may be processed concurrently with a preliminary plat. b. Requirements for Application. (1) Concept Plan shall be required when an applicant is applying for the subdivision of less than the entire, contiguous land area held in common ownership. The Concept Plan shall illustrate future development of the entire area under common ownership. A Concept Plan is not required for subdivisions creating a single, nonfarm parcel. (2) The applicant shall file a Concept Plan application with the Zoning Administrator at least thirty (30) days prior to the Zoning Commission's regular meeting at which the applicant seeks to be heard and shall include: (a) Completed application forms and the payment of all applicable fees; (b) A proposed phasing plan for the development of future sections; (c) Any attending documents needed to supplement the information provided on the map; (d) A Concept Plan may be submitted for review and approval simultaneously with a Preliminary Plat; provided, however, that the plat shall not be approved until the Concept Plan has been approved; (e) A Concept Plan shall be printed on 24" x 36" paper at a scale of 1 inch = 100 feet, with all dimensions measured accurately to the nearest foot; provided, however, that a different scale may be used if approved by the Zoning Administrator prior to submittal; (f) The Concept Plan shall contain or have attached thereto: i. Name and addresses of the developer, record owner, land planner and engineer; ii. Proposed name of the subdivision, date prepared and/or revised, north indicator and scale; iii. Location map drawn at a scale of two thousand (2,000) feet per inch showing the area within a one (1) mile radius of the proposed subdivision; iv. A layout of the entire proposed subdivision and its relationship to adjacent property, existing development and recorded maps; v. Topographic contours based on USGS or NAVD Datum at ten (10) foot intervals, unless otherwise approved by the Zoning Administrator; vi. Proposed major categories of land use showing compatibility with the Master Plan; vii. Proposed number of dwelling units and gross density of each type of residence and proposed floor area for each nonresidential parcel; viii. Proposed and existing arterial, collector and local streets (both public and private) to serve the general area; ix. Location of sites for parks, schools and other public uses, and all areas of common ownership; OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

184 MONROE COUNTY UNIFIED DEVELOPMENT CODE x. Significant hydrological features and structures including any 100-year flood plains, floodways and wetlands; xi. Significant man-made features such as railroads, buildings, utilities and drainage structures; xii. Approximate boundaries and timing of proposed phases of development; xiii. Identification of known exceptional topographical, cultural, historical, archaeological, hydrological or any other physical conditions of the property to be developed or the same within one hundred (100) feet on an adjacent existing parcel which will require the establishment of reasonable design standards in excess of the established minimum standards or require a variance from minimum standards. c. Review Criteria. The Zoning Commission shall consider the following criteria when making their recommendation to the Board of Supervisors: (1) The character and zoning of surrounding development; (2) The zoning and uses of the subject property; (3) The suitability of the proposed project for the site; (4) Conformance of the proposed project with the Master Plan and the County s development standards; (5) The availability and adequacy of required public and community facilities, utilities and services to serve the proposed project. These may include, but are not limited to, sanitary and storm sewers, water, electrical services, police and fire protection, schools, parks and recreation facilities, roads, libraries, solid waste collection and disposal and others, as applicable; (6) The extent to which the proposed project would adversely affect the capacity or safety of that portion of the street network influenced by the use; (7) The extent to which the proposed project would contribute to inefficient development patterns; (8) The environmental impacts that the proposed project will generate including, but not limited to, excessive storm water runoff, water pollution, air pollution, noise pollution, excessive nighttime lighting, or other environmental harm. d. Staff Action. (1) The Zoning Administrator shall schedule the Concept Plan for review at a hearing to be held before the Zoning Commission in conformance with Section 2.1.C of these regulations, within forty-five (45) days of the date the application is received. (2) Prior to the Zoning Commission public hearing, the Zoning Administrator shall forward copies of the Concept Plan to appropriate departments and agencies for their review. The Zoning Administrator shall assemble all comments for review by the Zoning Commission. e. Zoning Commission Action. (1) The Zoning Commission shall hold a hearing on the Concept Plan application pursuant to Section 2.1.C. (2) The Zoning Commission shall determine whether the proposed development meets the criteria stated in paragraph 2.3.G c of this section, and shall make a recommendation for approval, disapproval or conditional approval to the Board of Supervisors. f. Board of Supervisors Action. (1) Within thirty (30) days of the Zoning Commission action, the Board of Supervisors shall consider the Concept Plan application. (2) The Board of Supervisors may approve, conditionally approve or deny the Concept Plan application based on the criteria established in paragraph c of this section. g. Effect of Approval. Approval of a Concept Plan constitutes acceptance of the type, density and intensity of land use indicated on the plan; the classification and arrangement of streets indicated; the proposed phasing plan; and the nature of utility service proposed. The approval of the Concept Plan shall not expire as long as the OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

185 MONROE COUNTY UNIFIED DEVELOPMENT CODE development proceeds in accordance with the phasing plan. At such time as the development lags one (1) year behind the approved phasing plan, or a period of one (1) year elapses without approval of a Preliminary Plat, Concept Plan approval shall expire. Upon receipt of a written request, the Board of Supervisors may approve extensions upon finding that conditions in the County do not justify modifications to the approved Concept Plan. Concept Plan approval does not ensure approval of a Preliminary Plat involving a substantially different concept or failing to meet specific requirements of these regulations, and approval does not comprise any vesting of development rights or any assurance that permits of any kind will be issued. h. Denial. If the Board of Supervisors denies a Concept Plan application, it shall record the reasons for denial in the record and forward a written statement of the reasons to the applicant. 6. Preliminary Plat. a. Purpose. Preliminary Plat approval allows the Zoning Commission and Board of Supervisors to review all substantive aspects of a proposed subdivision and impose such conditions as will be necessary to ensure compliance with County plans and regulations. b. Requirements for Application. (1) Before any application is made, the applicant is encouraged to confer with the Zoning Administrator to discuss, in general, the procedures and requirements for Preliminary Plat approval pursuant to these regulations. (2) A property owner or his/her designated representative shall initiate a Preliminary Plat request by filing an application with the Zoning Administrator and paying the appropriate filing fee. (3) A Preliminary Plat application shall be filed thirty (30) days prior to the regular Zoning Commission meeting at which the applicant desires to be heard and shall include: (a) Copies and a reproducible sepia or tracing of the plat as required by the application; (b) Copies of all other information required by this section as specified on the application; and (c) A location map showing; i. The subdivision name. ii. An outline of the area to be subdivided. iii. The existing roads and public or community utilities, if any, adjoining property. iv. North point and scale. (d) The names, mailing addresses and signatures of all owners of record of all land within the appropriate perimeter boundaries of the proposed subdivision; (e) Preliminary Plat of the subdivision drawn to the scale of one (1) inch to fifty (50) feet, provided that if the resulting drawing would be over thirty-six (36) inches in the shortest dimension, a scale of one (1) inch to one hundred (100) feet may be used; (f) The Preliminary Plat shall contain the following information, provided that the Zoning Administrator may waive specific informational requirements upon finding in writing that said information is not needed for evaluation of the proposed subdivision: i. Legal description, acreage and name of proposed subdivision; ii. Name and address of the owner; iii. Name and address of the surveyor or engineer who prepared the map; iv. Location of existing lot lines, public utilities, water mains, sewers, drain pipes, culverts, water course, bridges, railroads and buildings in the proposed subdivision; v. The location, widths, other dimensions and names of all adjoining highways, streets or public ways; vi. The proposed location, width, name and approximate grade of each highway, street, or alley within the proposed subdivision and approximate radius of all OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

186 MONROE COUNTY UNIFIED DEVELOPMENT CODE curves; vii. The width and approximate location of all existing and proposed easements, whether public or private, for roads, drainage, sewers, irrigation or public utility purposes and dedications of land for parks, recreation areas, schools or other public purposes; viii. If other subdivisions adjoin, that portion thereof which so adjoins, showing the streets therein with relation of the streets in the proposed subdivision; ix. Proposed use of lots and public areas; x. Layout of proposed blocks and lots including the dimensions of each; xi. All blocks shall be lettered and block letters shall be consecutive and shall begin with the letter A. Lot numbers shall be consecutive within each block beginning with the number one and the letter A. The dimensions of each lot shall be designated. No lot shall be divided by a city boundary line; xii. If any portion of the land within the boundary of the subdivision is subject to inundation or storm water overflow, that fact and the land so affected shall be clearly designated on the map by a prominent note on each water course within the boundaries of the subdivision; xiii. Contour at vertical intervals of not more than two (2) feet, provided that the County Engineer may relax this requirement at his/her discretion; xiv. Tract boundary lines showing dimensions, bearings angles and references to known lines or bench marks; xv. Date, north point, scale and number of sheet in relation to the total number of sheets; xvi. The location and outline to scale of each existing building or structure which is not to be moved in the development; xvii. A cross section of the proposed roads showing the roadway location, the type width of surfacing, the type of drainage and other improvements to be installed; xviii. The size, type and location of proposed wells and/or water mains and sewage disposal system if a public or community system is used; xix. The drainage of the land including location of proposed storm sewers, ditches, culverts, bridges and other structures; xx. A statement or plan regarding methods and/or techniques to be used in controlling soil erosion during construction and development of the subdivision; xxi. A statement from applicable utility companies indicating their approval of the utility easements shown on the plat; xxii. Sinkholes, wetlands, floodways, floodway fringe areas and areas with slopes exceeding 30%. xxiii. Any additional information determined necessary by the Zoning Administrator, Zoning Commission or the Board of Supervisors. (g) A description of all utilities to be provided to the subdivision. Water quality sampling tests shall be required pursuant to State Health Division policies for any subdivision using individual wells. For parcels smaller than ten (10) acres, the Applicant shall provide soil profile percolation and other information sufficient to OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

187 MONROE COUNTY UNIFIED DEVELOPMENT CODE evaluate the use of on-site wastewater systems. (h) Other information required by the Zoning Administrator to demonstrate compliance with these Regulations. c. Submittal Date. For purposes of these regulations, the date of the regular meeting of the Zoning Commission at which time a complete Preliminary Plat is reviewed shall constitute the official application date of the plat. d. Review Criteria. The recommending and decision-making bodies shall make the following findings before approving a Preliminary Plat: (1) The application conforms with environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal; (2) The applicant has shown the availability of water which meets applicable health standards and is sufficient for the reasonably foreseeable needs of the subdivision; (3) The site is served, or will be served at the time of development, with all necessary public utilities, including, but not limited to, electric and telephone service; (4) The site is located in an area of the County that is appropriate for proposed development activity and which will not contribute to the need for inefficient extensions and expansions of public facilities, utilities and services; (5) The applicant has shown the availability and accessibility of public services such as schools, public safety and fire protection; (6) The site represents an overall development pattern that is consistent with the goals and policies of the Master Plan and any other applicable planning documents adopted by the County; (7) The site and application conform to all applicable provisions of these regulations; (8) The application considers the effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision; (9) The Preliminary Plat shows the location, spacing and design of proposed streets, curb cuts and intersections, all of which are consistent with good traffic engineering design principles; (10) Each lot in the map of a residential development has adequate and safe access to/from a local street. If lot access is to/from a collector or arterial street, the Zoning Commission shall expressly find that such access is safe and that no other lot access or subdivision configuration is feasible; (11) The site contains a parcel, lot and land subdivision layout that is consistent with the Zoning Ordinance, good land planning and site engineering design principles; (12) The site will be laid out and developed in a manner that is sensitive to environmental features and/or characteristics of the tract or parcel including, but not limited to, topography, slope, soils, geology, hydrology, floodplains, wetlands, vegetation and trees; (13) The applicant agrees to dedicate and improve land, right-of-way and easements, as may be determined to be needed to effectuate the purposes of these regulations and the standards and requirements incorporated herein. e. Staff Action. (1) The Zoning Administrator shall transmit copies of the preliminary plat to the Zoning Commission. (2) The County Engineer and County Sanitarian shall be requested to file a written recommendation with the Zoning Commission within fifteen (15) days of receipt of the Preliminary Plat. f. Zoning Commission Action. The Zoning Commission shall, within thirty (30) days of receipt of the plat, submit its recommendation for approval, conditional approval or disapproval to the Board of Supervisors. The sub-divider may agree in writing to an extension of time not to exceed sixty (60) days. A copy of the recommendations shall be forwarded to the sub-divider. Failure of the Zoning Commission to act within thirty (30) days OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

188 MONROE COUNTY UNIFIED DEVELOPMENT CODE shall result in a recommendation of approval. g. Board of Supervisors. The Board of Supervisors, within sixty (60) days of the Zoning Commission s action, shall by resolution approve, conditionally approve or disapprove the preliminary plat. If the preliminary plat is disapproved, the Board of Supervisors shall advise the owner or developer of the reason for disapproval. Approval of the preliminary plat by the Supervisors shall constitute approval to proceed with the preparation of the final plat but not to be deemed approval of the subdivision. h. Plats within the Area of Right of Review of a City. The procedure for plats within the jurisdiction of a city which has established its right to review subdivisions beyond its boundaries under Chapter and of the Code of Iowa shall be the same as set out for preliminary and final plats and as hereinafter provided: (1) The sub-divider also shall file such plats with the municipality in accordance with its established procedures along with the recommendations of the Zoning Commission. (2) If the action by the municipality is in accord with the recommendations of the Zoning Commission, the Board of Supervisors may concur with such action, provided that the design standards and improvements required are not less than those established herein. i. Duration of Permit/Approval. Preliminary Plat approval shall confer upon the applicant, for a period of two (2) years from the date of approval by the Board of Supervisors, the right to proceed to Final Plat approval pursuant to the terms and conditions under which the Preliminary Plat approval was granted by the Board of Supervisors. 7. Construction Plans/Improvements. a. Construction Plans Required. (1) Following approval of the Preliminary Plat, the applicant shall have prepared by a professional engineer, registered in the State of Iowa, Construction Plans consisting of complete plans and specifications for all easements, streets, traffic control devices, street lights, street signs, sanitary sewers, storm water facilities, water system facilities, sidewalks and the provision for all public utility sources to be provided to each lot with the subdivision together with other improvements required by these regulations. Construction Plans together with plan check fees and bond estimate(s) shall be submitted to the Zoning Administrator for review, processing and County approvals. (2) All improvements required pursuant to these regulations shall be constructed in accordance with the design standards and plan requirements of these regulations, the standards and specifications of the County and, where applicable, the requirements and authorization of the appropriate state agency, utility company or local franchise. b. Construction Drawing Requirements. (1) General. The Construction Plans shall be sealed by a professional engineer. Five copies of the Construction Plans shall be submitted to the Zoning Administrator for review. The Construction Plans shall be at any scale from one (1) inch = ten (10) feet through one (1) inch = one hundred (100) feet, as long as the scale is in increments of ten (10) feet and is sufficiently clear to reflect details of the proposed construction. Construction Plans shall be prepared on 24 x 36 inch sheets. The Plans shall include the following information, shown on separate sheets, provided that upon recommendation of the County Engineer, the Zoning Administrator may waive, in writing, informational requirements that are not needed to ensure compliance with the County s improvement requirements: (a) A cover sheet including: owner, developer, engineer (with addresses and phone numbers), a vicinity map, all standard notes, signature block for utility and county approvals, and an index of plan sheets; (b) The Preliminary Plat for the project drawn on the existing topographic survey of the property; (c) Roadway, sidewalk, bikeway and traffic control construction plans, profiles and detail sheets; OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

189 MONROE COUNTY UNIFIED DEVELOPMENT CODE (d) Sanitary sewer system construction plans, profiles and detail sheets (may be combined on roadway sheets); (e) Storm water management plan showing plan and profile of proposed storm sewer and drainage facilities, detail sheets, hydrological and hydraulic calculations and other information as required by the County Engineer (may be combined on roadway sheets); (f) Proposed grading cross sections and final contours in critical drainage areas; (g) Water distribution system construction plans and details (may be shown on roadway sheets); (h) Locations of electric, telecommunications and other utility improvements; (i) A general schedule of the timing and sequence of construction for all required improvements (recommended for inclusion on the cover sheet); (j) Roadway Construction Detail Sheets: All construction details pertaining to the roadway improvements (e.g., surfacing and base details, curbing or shoulder details, sidewalk, unpaved areas, entrances, lighting, etc.) shall be shown on typical section, in plan and profile. Specific details shall include, but not be limited to (and referenced to appropriate County improvement standards): i. Street installation, widening, or resurfacing improvements dimensioned and developed in accordance with County improvement standards; ii. Street widening and resurfacing improvements in the right-of-way as measured from the centerline; iii. Mathematical profile grade and elevations at twentyfive (25) foot intervals on vertical curves and fifty (50) feet intervals on tangent sections for all roadway construction; iv. Resurfacing Profile Grade elevations on existing centerline and edges of pavement at twenty-five (25) foot intervals and breaks in grade (i.e., irregularities in pavement); v. Jointing plan and details for Portland Cement Concrete pavement; vi. Type and location of entrance construction; vii. Proposed traffic control devices and signs to be used during construction and upon completion of the project. (k) Sanitary Sewer, Storm Drainage, and Water Line Plans and Profile Sheets. All construction details pertaining to the sanitary sewerage, storm drainage and water distribution system improvements shall be prepared in accordance with all requirements of these regulations and other pertinent County regulations and standards and shall be shown in plan and profile. With the approval of the County Engineer, the Zoning Administrator may allow profiles to be omitted from water distribution system Plans. Specific details shall include, but shall not be limited to: i. Existing ground and finished grade shown and designated; ii. Methods to be used in repairing open trenching of pavement; iii. Limits of backfill and pavement replacement at all crossings of existing roadway surfaces not bored; iv. Location of all utilities to be encountered in construction. Sufficient copies of plans must be submitted for utility providers; v. Proof of plan approval by any other political subdivisions having jurisdiction over any aspect of the proposed OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

190 MONROE COUNTY UNIFIED DEVELOPMENT CODE development must be received prior to Construction Drawing approval. (l) Grading Plan and Cross Section Sheets. A grading plan for the entire tract within the Preliminary Plat boundaries shall be provided. All grading details pertaining to site development shall be shown in plan or on cross section sheets. Specific details shall include, but shall not be limited to: i. Existing and proposed contours, normally at two (2) foot intervals, in critical drainage areas. Contour intervals for Grading Plans greater than two (2) feet will require the recommendation of the County Engineer and the Zoning Administrator s approval (proposed contours may be omitted, provided sufficient spot elevations are shown); ii. Site grading shall be compatible with ultimate roadway elevations; iii. Where required by the County Engineer, cross sections showing existing ground and finished grades plotted at a scale approved by the County Engineer, typically of not less than one (1) inch = fifty (50) feet horizontal and one (1) inch = six (6) feet vertical; iv. Erosion Control Plan, as applicable, showing compliance with State requirements. (m) An address map incorporating lot numbers per the Final Plat and addresses in conformance with the County s adopted address grid. The address map shall contain separate approval lines for the Engineer. c. Public Agency Reviews. Prior to approving the Construction Plans, the applicant shall submit the Construction Plans to all applicable local reviewing agencies and public utility companies that will service the subdivision. The Zoning Administrator may seek consultation in the review of plans and the costs of such consultations shall be paid by the applicant. d. Approval. Following agency and utility approvals and posting of appropriate bond(s), the Zoning Administrator shall approve, conditionally approve or deny the Construction Plans. Plans that were denied may be amended and immediately resubmitted. Denial may be appealed to the Board of Supervisors within thirty (30) days of notification. e. Timing of Improvements. Except upon the written approval of the Zoning Administrator, no grading, removal of vegetation, land filling, construction of improvements, or other material change, except for purposes of aiding in preparation of final engineering plans, shall commence on the subject property until the applicant has: (1) Entered into a Subdivision Improvement Agreement with the County or otherwise arranged for completion of all required improvements; (2) Received approval of the Construction Plans and all necessary permits from the County; and (3) Obtained necessary approvals and permits from other affected municipal, county or state agencies. f. Modification of Construction Plans. Installation of improvements and construction shall conform to the approved Construction Plans. If the applicant chooses to make minor modifications in design and/or specifications during construction, such changes shall be made at the applicant's own risk. It shall be the responsibility of the applicant to notify the Zoning Administrator of any changes to be made from the approved plans. In the event that actual construction work deviates from that shown on the approved Construction Plans and such deviation was not approved in advance by the Zoning Administrator, the applicant shall provide As-Built plans and may be required to correct the installed improvements to conform to the approved Construction Plans. In addition, the County may take such other actions as may be deemed appropriate including, but not limited to, revocation of map approval and/or OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

191 MONROE COUNTY UNIFIED DEVELOPMENT CODE permits already issued and/or withholding of future approvals and permits. g. As-Built Plans. (1) Prior to final inspection of the required improvements. The applicant shall submit to the Zoning Administrator one (1) reproducible copy and two (2) prints of as-built engineering plans for each of the required improvements that have been completed. Each set of plans shall be certified by the applicant's engineer indicating the date when the as-built survey was made. (2) Sewer and storm drainage. As-built plans shall show the constructed vertical elevation, horizontal location and size of all sanitary and storm sewers, manholes, inlets, junction boxes, detention basins and other appurtenances or elements of the sewer and storm drainage systems constructed to serve the subdivision. (3) Streets and Street Lights. Unless otherwise required by the Zoning Administrator, as-built plans for roadways and street improvements shall be limited to a survey of the street centerline, with final profile elevations recorded on the plans at one hundred (100) foot intervals, plus the notation of changes in horizontal alignment or intersection geometrics which may have been made during construction. This must be accompanied by a sealed or notarized statement that the cross section and drainage do not substantially deviate from the plan. (4) Water. As-built plans for water lines, valves, fire hydrants and other appurtenances or elements of the water distribution system constructed to serve the project shall be limited to horizontal location and size of water lines and location and description of valves with dimensional ties as may be required by the Zoning Administrator. (5) Sidewalks. As-built Plans shall show location with respect to the street right-of-way, width and vertical elevation. (6) Control Points. As-built plans shall show all control points and monumentation. h. Inspection and Acceptance of Improvements. (1) Inspection Required. All improvements required by these regulations shall be inspected by the County Engineer, except for improvements made under the jurisdiction of other public agencies, in which case engineers or inspectors of such agency will make the necessary inspections. Where inspections are made by other agencies, the applicant shall provide the County with written reports of each final inspection. (2) Inspection Schedule. It shall be the responsibility of the applicant to notify the County Engineer of the commencement of construction of improvements twenty-four (24) hours prior thereto. (3) Compliance with Standards. The applicant and the bonded construction contractor shall bear full and final responsibility for the installation and construction of all required improvements according to the provisions of these regulations and the standards and specifications of other public agencies. (4) Acceptance. (a) Approval of the installation and construction of improvements by the Zoning Administrator shall not constitute acceptance by the County of the improvement for dedication purposes. (b) The County shall not have any responsibility with respect to any street or other improvement, notwithstanding the use of the same by the public, unless the street or other improvements shall have been accepted by the Board of Supervisors upon recommendation of the Zoning Administrator. (c) The developer shall maintain a two (2) year warranty with surety posted to ensure that any failures occurring within the warranty period shall be properly repaired. (5) Site Cleanup. The applicant shall be responsible for removal of all equipment, material, and general construction debris from the subdivision and from any lot, street, public way or property therein or adjacent thereto. Dumping of such OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

192 MONROE COUNTY UNIFIED DEVELOPMENT CODE debris into sewers, onto adjacent property or onto other land in the County, other than an approved landfill, is prohibited. (6) Failure to Complete Improvements. If no Subdivision Improvement Agreement has been executed and no security has been posted, the failure to complete all required public improvements within the period specified by the County shall result in expiration of Preliminary Plat approval. If a Subdivision Improvement Agreement has been executed and security has been posted and required public improvements are not installed pursuant to the terms of the Agreement, the County may: (a) Declare the Subdivision Improvement Agreement to be in default and require that all public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default; (b) Suspend Final Plat approval until the public improvements are completed and record a document to that effect with the County Recorder s Office for the purpose of public notice; (c) Obtain funds pursuant to the surety and complete the public improvements by itself or through a third party; (d) Assign its right to receive funds pursuant to the surety in whole or in part to any third party, including a subsequent owner of the subdivision or addition for whom the public improvements were not constructed, in exchange for the subsequent owner's agreement to complete the required public improvements; and/or (e) Exercise any other rights available under the law. 8. Final Plat Required. a. Purpose. Final Plat approval is required as the completion of the major subdivision process so that the subdivision map can be recorded, dedications can be made and building construction can begin. b. Requirements for Application. (1) A Final Plat shall be submitted for a then valid preliminary plat, unless the County agrees to review the preliminary and final plats concurrently. (2) Final Plat approval is a necessary prerequisite to the transfer of ownership of any lots on the subject property or the issuance of any zoning permits for the development. (3) Before any application is made the applicant is encouraged to confer with the Zoning Administrator to discuss, in general, the procedures and requirements for Final Plat approval pursuant to these regulations. (4) The applicant shall initiate a Final Plat approval request by filing an application with the Zoning Administrator and paying the Final Plat application fee as established by the Board of Supervisors. (5) Procedures for final plats shall be the same as set out for preliminary plats, except that a public hearing shall not be required. (6) A Final Plat application shall be filed at least thirty (30) days prior to the Zoning Commission hearing at which the application is to be reviewed and shall include: (a) A sufficient number of copies of the proposed Final Plat as specified on the application; (b) Copies of the additional information required pursuant to the application; (c) A completed application form; (d) The applicable fees for filing and recording the map; and (e) An agreement in writing on a form provided by the County Attorney that the developer will install all of the improvements required herein. (7) Contents. (a) It may include all or only part of the preliminary plat. (b) The Final Plat shall be prepared in accordance with the application requirements. (c) The Final Plat shall contain the following information: i. Name of the subdivision which shall neither duplicate nor too closely OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

193 MONROE COUNTY UNIFIED DEVELOPMENT CODE resemble the name of any existing subdivision unless this is the continuation of an existing subdivision; ii. Date, scale and north arrow, on each page. Each sheet of the map shall indicate its page number in relation to the total number of sheets; iii. Total acreage of the proposed subdivision to the nearest one-hundredth of an acre if the area is two (2) acres or more; or in square feet if the area is less than two (2) acres; iv. Accurate boundary lines, with dimensions and angles, which provided a survey of the tract, closing with an error of not more than one (1) foot in ten thousand (10,000) feet; v. Accurate references to known or permanent monuments, giving the bearing and distance from some corner of a congressional division of the County of which the subdivision is a part; vi. Location, type, material and size of all monuments and markers; vii. The location by section, tract, township, range, city, county and state, including descriptive boundaries of the subdivision based on an accurate traverse giving angular and linear dimensions which shall mathematically close. Bearings and distances of all exterior boundary lines and along the center lines of streets shall be furnished; viii. The legal description of the entire tract to be subdivided; ix. The names, lines and rightof-way widths of all proposed streets with accurate dimensions in feet and hundredths of feet with angles to right-of-way lines and lot lines; x. Accurate location of all existing and recorded roads intersecting the boundaries of the tract; xi. An accurate metes and bounds description of any property offered for dedication to the County or another public entity for public use; xii. Complete survey notes for all curves included in the plat; xiii. The boundary lines of all adjoining lands for a distance of one hundred fifty (150) feet and showing (with dotted lines) the rightof-way lines and adjacent streets and alleys with their widths and names; xiv. Building set-back lines and easements for rights-of-way provided for public use, services or utilities, with figures showing their dimensions and listing uses that are being provided and any limitations on such easement; xv. Building lines and dimensions; xvi. Area in square feet for each lot or parcel under two (2) acres, or in acres to the nearest one-hundredth of an acre if the area is two (2) acres or more, which shall equal or exceed applicable zoning ordinance requirements; xvii. An accurate drawing of the proposed subdivision with the lots clearly numbered in sequence and blocks clearly lettered in sequence; xviii. Approved Construction Plans, or as built plans, conforming with the requirements of these regulations, for all roadway, grading, sanitary sewer system, storm drainage facilities, water distribution system, and other pertinent site improvements; xix. Boundary lines and description of the boundary OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

194 MONROE COUNTY UNIFIED DEVELOPMENT CODE lines of any areas other than streets and alleys which are to be dedicated or reserved for public use; xx. Two (2) copies of all deed restrictions and/or protective covenants and, if applicable, articles of incorporation and bylaws of a homeowner's association for the proposed subdivision; xxi. A statement dedicating all easements, streets alleys and other public areas not previously dedicated; xxii. Other information pertaining to the proposed development as may be determined to be necessary from time to time by the Zoning Administrator or Board of Supervisors to facilitate review of the Final Plat; xxiii. Certificates Required. The Final Plat shall include appropriate certificates as determined by the County Attorney. These certificates shall include, but not be limited to: (i.) If the subdivision is within the jurisdiction of city, a certified Resolution of Approval by the Council of any affected city shall also accompany the final plat. (ii.) Certification by a registered land surveyor of the State of Iowa. (iii.) Certification of dedication of roads and other public property. (iv.) Resolution and certificate for approval by the Board of Supervisors. (v.) Certificate of Ownership of Land. (vi.) Certificate of Zoning Administrator. xxiv. The final plat shall be accompanied by the following instruments: (i.) A certificate bearing the approval of the Board of Supervisors stating that all improvements and installations in the subdivision required by these regulations have been made or installed in accordance with the County specifications, or (ii.) A Subdivision Improvement Agreement and appropriate guarantees, pursuant to Section 2.3I. (iii.) Copy of Restrictive Covenants to be attached to the lots of the subdivision. (iv.) Dedication of agricultural easements for any subdivision within an A-1 zoning district in a form acceptable to the County Attorney and ensuring compliance with the A-1 zoning provisions. (v.) If the land platted is encumbered in the manner set out in Section of the Code of Iowa, there shall also be filed a certificate showing that an encumbrance bond in an amount double the amount of the encumbrance bond and approved by the Monroe County Auditor and which runs to the County for the benefit of the purchasers of the land subdivided has been filed with the Recorder. (vi.) An opinion by a licensed attorney-atlaw showing that the fee title is in the applicant s name and that the land platted is OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

195 MONROE COUNTY UNIFIED DEVELOPMENT CODE free from encumbrance, or is free from encumbrance other than that secured by a bond as provided in Section of the Code of Iowa. (vii.) A fence agreement providing for the construction and maintenance of required fences. c. Determination of Completeness. Within five (5) business days of submission, the Zoning Administrator shall review the Final Plat application to determine its completeness. d. Review Criteria. Before approving the Final Plat, the Zoning Commission and Board of Supervisors shall make the following findings: (1) The Final Plat substantially conforms to the approved Preliminary Plat and any conditions and exceptions granted pursuant thereto; Substantial deviations shall include, but are not necessarily limited to, the following: (a) change in the location or design of a public street; (b) a change in the number or layout of lots or blocks; (c) a change in access to lots; (d) a change in areas, streets or rights-of-way to be reserved or dedicated; (e) a change in the drainage plan which increases the runoff from the tract; (f) a change in the public utilities and facilities to be provided; and (g) a change in the extent of buffering between the proposed subdivision and adjacent areas and/or land uses. (2) The Final Plat conforms to all applicable requirements of these regulations, the zoning ordinance and other applicable land development regulations; (3) All submission requirements of these regulations have been satisfied. e. Staff Action. (1) The Zoning Administrator shall schedule the Final Plat for review before the Zoning Commission within thirty (30) days of the date the application is found to be complete. (2) The Zoning Administrator shall forward copies of the Final Plat to appropriate departments and agencies for their review and shall forward all staff and agency comments to the applicant and Commission. (3) Upon conclusion of the Board of Supervisors review, the Zoning Administrator shall send a letter to the applicant stating the Board of Supervisor s action on the application. f. Zoning Commission Action. The Commission, within thirty (30) days of the Zoning Administrator s determination that a completed application has been filed, shall conduct a hearing and recommend approval, conditional approval or denial of the application. g. Board of Supervisors Action. (1) The Board of Supervisors, within twenty-one (21) business days of the Zoning Commission s action, shall approve or disapprove the Final Plat, and shall transmit written notice of its decision to the applicant. (2) If the proposed Final Plat is approved, a certification of approval signed by the Chairman of the Board of Supervisors and attested by the County Auditor shall be affixed to the original tracing of the final plat and copies of the same filed with such other certification and instruments as may be required by law for recordation. (3) If the Final Plat is denied, the applicant shall be notified of the reasons for denial. h. Filing and Recordation. (1) The Zoning Administrator shall present the approved Final Plat to the County Recorder for filing. (2) The Final Plat shall be recorded within one (1) year of the date of approval. (3) The County Recorder shall not record any Final Plat unless the map contains all of the certificates of approval, conveyance and consent required by these regulations. i. Improvements to Precede Zoning Permits. Zoning permits shall not be issued for any structure within the boundaries of the subdivision until all of the required improvements have been constructed, are available to each lot in the subdivision, and have been inspected and accepted or approved by the B of S unless subject to a OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

196 MONROE COUNTY UNIFIED DEVELOPMENT CODE Development Improvement Agreement and/or bond, or as specifically authorized by the Board of Supervisors in conjunction with Final Plat approval. H. Lot Consolidations and Plat Adjustments 1. Purpose and Applicability. The following short form approval process may be used for: a. Lot consolidations not involving abandonment of easements or rights-ofway; b. Adjustments of boundary lines and/or easements between two abutting parcels; c. Corrections to a plat to: (1) To correct an error in any course or distance shown on the prior plat; (2) To add any course or distance that was omitted on the prior plat; (3) To correct an error in the description of the real property shown on the prior plat; (4) To indicate monuments set after death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; (5) To show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; (6) To correct any other type of scrivener or clerical error, or omission as previously approved by the Zoning Commission or the Board of Supervisors; such errors and omissions may include, but are not limited to: lot numbers, acreage, street names and identification of adjacent recorded plats; and (7) To correct an error in courses and distances of lot lines between two adjacent lots where lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; 2. Procedures. a. The application shall be filed with the Zoning Administrator. b. The Zoning Administrator and/or appropriate County Officials shall review the application within thirty (30) days. c. The Zoning Administrator and/or appropriate County Officials shall approve, approve with conditions or disapprove the application in writing within sixty (60) days of receipt of the completed application. If the written notice results in a written protest to the application, then the Zoning Administrator shall schedule the application for review at the next Zoning Commission meeting and shall notify all affected property owners of such meeting. d. Appeals to this Section shall be reviewed as final plats pursuant to Section 2.3.G.8. e. All lot consolidations and lot line adjustments shall be recorded pursuant to Section 2.3.G.8.h. 3. Approval Criteria. a. All parcels shall comply with the minimum standards required by these regulations; b. No change in street right-of-way locations or reduction of easement width shall occur; c. The action will not adversely affect the character of the previously recorded plat or the character of the area; I. Development Improvement Agreements Except as provided below, before the plat is recorded, all applicants shall be required to complete, to the satisfaction of the Zoning Administrator, all street, sanitary, and other public improvements, as well as lot improvements on the individual residential lots of the subdivision or addition as required by these regulations. The required improvements shall be those specified in the approved Preliminary and/or Final Plat. As a condition of Final Plat approval, the Board of Supervisors may require the applicant to deposit in escrow a deed describing by metes and bounds and conveying to the County all street rights-of-way, easements and public land required by these regulations, pending acceptance of improvements by the County and recordation of the Final Plat. In the event the applicant is unable to complete the required improvements, and such improvements are deemed necessary for the preservation of the public health and safety, the County may compel the delivery of the deed in order to complete the improvements as required. OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

197 MONROE COUNTY UNIFIED DEVELOPMENT CODE 1. Improvement Agreement and Guarantee of Completion of Public Improvements. a. Subdivision Improvement Agreement. The Board of Supervisors may waive the requirement for the completion of required improvements if the applicant enters into a Subdivision Improvement Agreement by which the applicant covenants and agrees to complete all required public improvements no later than two (2) years following the date upon which the final plat is signed. Such two (2) year period may be extended for up to an additional two (2) years at the discretion of the Board of Supervisors. The Board of Supervisors may require the applicant to complete and dedicate some required public improvements prior to approval of the final plat and to enter into a Subdivision Improvement Agreement for completion of the remainder of the required improvements during such two (2) year period. The County Attorney shall approve any Subdivision Improvement Agreement as to form. b. Covenants to Run with the Land. The Subdivision Improvement Agreement shall provide that the covenants contained therein shall run with the land and bind all successors, heirs and assignees of the applicant. The Subdivision Improvement Agreement shall be recorded with the County Recorder. All existing lien holders shall be required to subordinate their liens to the covenants contained in the Subdivision Improvement Agreement. c. Performance Security. (1) Whenever the Board of Supervisors permits an applicant to enter into a Subdivision Improvement Agreement, the applicant shall be required to provide sufficient security to ensure completion of the required public improvements. The security shall be in the form of a cash escrow or a surety bond. (2) The cash escrow or surety bond shall be in an amount estimated by the County Engineer as reflecting 110% of the cost of the improvements in the approved construction plan and shall be sufficient to cover all promises and conditions contained in the Subdivision Improvement Agreement. (3) In addition to all other security, when the County participates in the cost of an improvement, the applicant shall provide a performance bond from the contractor, with the County as a cooblige. (4) The issuer of any surety bond shall be subject to the approval of the County Attorney. 2. Escrow Agent. If security is provided in the form of a cash escrow, the applicant shall deposit same with the County Auditor, a cash amount or certified check endorsed to the escrow agent for a face value in an amount not less than the amount specified by the County Engineer. a. Accrual. The surety bond or cash escrow account shall accrue to the County for administering the construction, operation and maintenance of the improvements. b. Reimbursement. Where oversized facilities are required by the County, the County and applicant shall specify a reimbursement procedure in the Subdivision Improvement Agreement. 3. Maintenance Bond. a. The applicant shall guarantee the improvements against defects in workmanship and materials for a period of three (3) years from the date of County acceptance of such improvements. The maintenance guarantee shall be secured by a surety bond or cash escrow in an amount reflecting 50% of the cost of the completed improvements. b. If the applicant has not entered into a Subdivision Improvement Agreement, the applicant shall guarantee the improvements as required by this Section. c. A surety bond or cash escrow totaling 50% of the costs of the completed improvements shall be provided by the applicant. 4. Temporary Improvements. The applicant shall construct and pay for all costs of temporary improvements required by the County and shall maintain said temporary improvements for the period specified. 5. Governmental Units. Governmental units to which these improvement and security provisions apply may file, in lieu of the Agreement and security, a certified resolution or ordinance by the officers authorized to act on their behalf, agreeing to comply fully with all applicable provisions of these regulations. OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

198 MONROE COUNTY UNIFIED DEVELOPMENT CODE J. Variances Exhibit 2.3J: Variances Pre-App Meeting Application Submittal Schedule Public Hearing Public Notice Board of Adjustment Hearing Board of Adjustment Decision 1. Purpose. Variances provide a mechanism for relief for property owners when strict application of this Code would result in exceptional hardship. 2. Applicability. The Board of Adjustment shall hear and decide all requests for variance(s). No variance shall be granted to allow a use that is not authorized under these regulations or a density that exceeds the maximums established for the applicable zoning district. 3. Application and Procedures. a. An owner of real property within the County, or that owner s authorized representative, may apply for a Variance. b. Before any application for a Variance is made, the applicant is encouraged to confer with the Zoning Administrator to discuss, in general, the procedures and requirements for a Variance Application. c. A property owner may initiate a Variance request by filing an application with the Zoning Administrator and paying the application filing fee as established by the Board of Supervisors. d. A Variance request shall include the proposed request, the name and address of the person(s) proposing the request and the reasons for the request. e. When a property owner seeks a Variance request, the applicant shall submit an application that includes the following information to the Zoning Administrator. (1) A legal description of the property; (2) A description of the present use of the property and existing zoning; (3) The name(s), address(es), and phone number(s) of the applicant(s) and property owner(s); (4) The area of the property in square feet and/or acres; (5) The proposed time schedule for development; (6) The source/method for providing utility/infrastructure services to the property; (7) The effect the proposed development may have on surrounding properties; (8) Will the use and development require the erection of outside lighting? If so, will the lighting be directed to the ground or will it extend beyond the boundaries of the parcel; (9) Additional exhibits as may be required by the Zoning Administrator such as a site plan showing elevations of property, location and size of all existing and proposed structures, roadways, easements, and parking areas, and location of present and proposed points of access of the property; (10) The signature(s) of the applicant(s) and owner(s) certifying the accuracy of the submitted information; (11) A list of the owners of property located within five hundred (500) feet of the legal perimeter boundaries of the land to be considered for the Variance in all areas except R-1 and R-S. In R-1 and R-S areas a list of owners of property located within two hundred (200) feet of the legal perimeter boundaries of the land to be considered for a Variance; and (12) Any other information or exhibits as may be required by the Zoning Administrator or any information that is pertinent to or would be helpful to the Board of Adjustment regarding the applicant s request. f. No application for a Variance shall be resubmitted for a period of six (6) months from the date of denial. 4. Variance Review Criteria. A variance is not a right. The Board of Adjustment may grant a variance only upon finding that: a. the hardship does not generally apply to other properties in the County. Reasons OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

199 MONROE COUNTY UNIFIED DEVELOPMENT CODE for hardship may relate to the particular property, because of size, shape, topography or other physical conditions, rather than personal circumstances; b. the hardship does not exist because of conditions created by the owner or previous owners of the property; c. granting the requested variance will not increase the hazard from fire and other damages to said property; d. granting the requested variance will not increase the congestion and traffic hazards on public roads; e. granting the requested variance will not confer on the applicant any special privilege that is denied by this Code to other lands, structures, or buildings in the same district; f. the granting of the variance will not be contrary to the public interest, will not adversely affect property values, will not adversely affect other property in the vicinity, and will be in harmony with the intent and purpose of this Code; g. the Variance requested is the minimum Variance which would alleviate the hardship; h. the granting of the variance will not merely serve as a convenience to the applicant; i. the granting of the variance will not impair an adequate supply of light and air to adjacent properties; and j. the variance is not based on the nonconforming use of neighboring lands, structures or buildings in the same district, and the permitted or nonconforming use of lands, structures, or buildings in other districts is not grounds for the issuance of the variance. 5. Staff Action. The Zoning Administrator shall review the application and prepare a report that includes his/her recommendations to the Board of Adjustment and shall forward copies of the application and other related documents to the Board of Adjustment. 6. Board of Adjustment Action. a. The Board of Adjustment shall hold a public hearing as set out in 2.1.C of this Chapter, on each requested Variance within sixty (60) days of the application filing date, unless a continuance is granted as set out in Section 2.1.C.4 of this Chapter. b. When determining its recommendation of whether the proposed Variance shall be approved, the Board of Adjustment shall consider the review criteria established in Section 2.3.J.4 of this Chapter. c. Upon conclusion of the public hearing, the Board of Adjustment shall provide the applicant written notice of their decision, which shall state the findings of fact supporting the granting or denial of the application. All conditions or restrictions imposed shall be clearly set forth. d. If the Board of Adjustment approves the variance, it shall adopt a resolution. The resolution shall clearly define and set forth any conditions or restrictions imposed. The resolution shall be filed with the Monroe County Zoning Administrator and made available for public inspection. In granting a variance, the Board of Adjustment may consider prospective financial loss or gain to the applicant but such consideration shall not be the sole reason for granting a variance. e. Review and Remand by the Board of Supervisors. The Board of Supervisors may provide for its review of variances granted by the Board of Adjustment before their effective date. The Board of Supervisors may remand a decision to grant a variance to the Board of Adjustment for further study. If remanded, the effective date of the variance is delayed for (30) thirty days from the date of the remand. f. If the Variance application is not approved any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment may present to a court of record a petition as set out in Chapter 335 of the Code of Iowa and as set forth in Section 2.3.K of this Chapter. OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

200 MONROE COUNTY UNIFIED DEVELOPMENT CODE K. Appeals from Staff Determinations Exhibit 2.3K: Appeals from Staff Determinations Application Submittal Schedule Public Hearing Public Notice b. The Zoning Administrator shall forward to the Board of Adjustment copies of the application and any supporting materials, including staff responses to the appeal. 5. Appeals Review Criteria. The Board of Adjustments scope of review shall be limited to determining whether the decision or interpretation by the Staff was in accordance with the intent and requirements of this Code, and accordingly, the Board of Adjustment will affirm or reverse the decision. 6. Appeal Denied. If the appeal is not approved any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment may present to a court of record a petition as set out in Chapter 335 of the Code of Iowa and as set forth this Section. Board of Adjustment Hearing Board of Adjustment Decision 1. Purpose. Appeals to the Board of Adjustment provide a mechanism for review of any staff determination, including, but not limited to action on a development application or interpretation of development regulations. 2. Applicability. An applicant, aggrieved citizen, or County representative who believes that the County has committed an error in any order, requirement, decision or refusal made by any member of the County s staff, may appeal that action by filing a written notice of appeal with the Zoning Administrator within thirty (30) days of the decision or action.. 3. Requirements for Appeal. The appellant shall submit the following information to the Zoning Administrator: a. Copy of the minutes or letter to appellant describing determination; b. Statement of reason for appeal; and c. Evidence supporting the applicant s appeal. 4. Staff Action on Application. a. The Zoning Administrator shall review the application for completeness and schedule a hearing before the Board of adjustment within thirty (30) days of the appeal. OCTOBER 6, CHAPTER 2: DEVELOPMENT PROCEDURES

201 MONROE COUNTY UNIFIED DEVELOPMENT CODE Chapter 3: Zoning Districts/Maps/Uses 3.1 Establishment of Zoning Districts. In order to carry out the purpose and intent of this Code, the unincorporated area of Monroe County, Iowa is hereby divided into the following zoning district classifications: A-1 Prime Farmland Agricultural District A-2 Agricultural District PUD Planned Unit Development District MHP Mobile Home Park R-1 Low Density Residential District C Commercial Service District I-1 Light Industrial District I-2 Heavy Industrial District AOD Airport Overlay District R-S Recreational Subdivision District 3.2 Zoning Map A. Official Zoning Map District Boundaries. With the exception of the Airport Overlay District discussed below, the boundaries of these districts are indicated upon the Official Zoning Map of Monroe County, Iowa, which map is made a part of this Code by reference. The Official Zoning Map and all the notations, references and other matters shown on the Map shall be as much a part of this Code as if the notations, references and other matters set forth by said map were all fully described in the Code. The Official Zoning Map shall be on file in the office of the Monroe County Zoning Administrator and shall bear the signature of the Chairperson of the Board of Supervisors attested by the County Auditor, under the certification that this is the Official Zoning Map of the Unified Development Code. The Board of Supervisors may, from time to time, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map, in the event that the Official Zoning Map becomes damaged or destroyed, or for purposes of clarity due to a number of boundary changes, or to correct drafting errors or omissions, provided, however, that any such adoption shall not have the effect of amending the original Unified Development Code or any subsequent amendment thereof. B. Airport Overlay Map. The boundaries of the airport overlay district shall be the same as shown on the Albia Municipal Airport Height Zoning Map. This map is hereby adopted by reference as the Official Airport Overlay Map. This map shall have the same force and effect as if it were fully set forth and described herein. The map is available for review in the office of the Monroe County Zoning Administrator. C. Maintenance of Official Zoning Map. If, in accordance with the provisions of this Code, changes are made in the district boundaries or other matters portrayed on the Official Zoning Map, the change, the date of said change and a reference to the change shall be recorded by the County Auditor and Zoning Administrator on the Official Zoning Map. D. Interpretation of the Official Zoning Map. 1. Boundaries indicated as approximately following the centerlines of streets, highways, alleys or other public rights-of-way shall be construed to follow the centerlines. 2. Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines. 3. Boundaries indicated as approximately following section lines, quarter lines, quarter section lines, or quarter-quarter section lines shall be construed as following the lines. 4. Boundaries indicated as approximately following corporate limits shall be construed as following corporate limits. 5. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. 6. Boundaries indicated as approximately following the centerlines of rivers, streams, creeks or other waterways shall be construed to follow the centerlines. 7. Boundaries not capable of being determined in the previous paragraphs shall be as dimensioned on the Official Zoning Map or if not dimensioned, shall be determined by the scale shown on the Map. 3.3 Zoning District Regulations A. Purpose of Zoning Districts. These regulations are made in accordance with the adopted Master Plan for Monroe County, Iowa. The County is zoned in districts that are established to achieve the purposes set forth for each district established in this Chapter. B. A-1 Prime Farmland Agricultural A-1 Summary Primary Agriculture Uses OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

202 MONROE COUNTY UNIFIED DEVELOPMENT CODE 1. Purpose. The A-1 District is intended to serve the agricultural community and protect prime farmland from encroachment of urban uses. The A-1 District is not intended to be used for non-farm residential developments, governmental facilities or commercial businesses. 2. District Policy. The Monroe County Board of Supervisors declares the following policies to be applicable within the A-1 district. a. Right to Farm. The preservation of prime agricultural farmland within the A-1 district shall assure that the owners of such land have the continuing right to farm their property free from nuisance claims from incompatible uses. Any person who requests a zoning permit to place a non-farm dwelling on property which lies within the district is deemed to be aware of the normal agricultural uses and farming practices within the district, including night farming, noise from agricultural operations and other normal farming practices. b. Priority of Development on Non-Prime Farmland. Wherever possible, these regulations shall be interpreted to require development of non-farm dwellings, agricultural service establishments and other uses permitted by conditional use permit on non-prime farmland prior to development of such uses on prime farmland. 3. Authorized Uses. Exhibit 3.4 lists the uses authorized in this district. 4. Performance Standards. Development shall conform to the standards established in Chapter 6 of this Code. Adequate Public Facilities shall conform to the standards established in Chapter 8 of this Code. The County Sanitarian may require centralized water and wastewater provisions based upon lot size, environmental conditions or proximity to existing or planned utilities. C. A-2 Agricultural A-2 Summary Primary Uses Agriculture, Agricultural Services 1. Purpose. The A-2 District is intended for agricultural activities and strongly interrelated agricultural uses. The principal purposes of this zoning district are to: a. Provide an economic benefit to farmers by permitting the use of non-prime farmland for non-farm dwellings and agricultural service establishments; b. Conserve and protect farms and other agricultural uses; c. Foster growth appropriate to rural areas; d. Prevent urban and agricultural land use conflicts; e. Discourage small lot or residential subdivision development where public facilities such as water, sewage disposal, parks and playgrounds, and governmental services such as police and fire protection are not available or could not be made available; and f. Protect agricultural, rural and urban forms of development from incompatible uses. 2. District Policy. The Monroe County Board of Supervisors declares the following policies to be applicable within the A-2 district. a. Right to Farm. The preservation of prime agricultural farmland within the A-2 district shall assure that the owners of such land have the continuing right to farm their property free from nuisance claims from incompatible uses. Any person who requests zoning and building permits to place a non-farm dwelling on property which lies within the district is deemed to be aware of the normal agricultural uses and farming practices within the district, including night farming, noise from agricultural operations and other normal farming practices. b. Priority of Development on Non-Prime Farmland. Wherever possible, these regulations shall be interpreted to require development of non-farm dwellings, agricultural service establishments and other uses permitted by conditional use permit on non-prime farmland prior to development of such uses on prime farmland. 3. Authorized Uses. Exhibit 3.4 lists the uses authorized in this district. 4. Performance Standards. Development shall conform to the standards established in Chapter 6 of this Code. Adequate Public Facilities shall conform to the standards established in Chapter 8 of this Code. The County Sanitarian may require centralized water and wastewater provisions based upon lot size, environmental conditions or proximity to existing or planned utilities. OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

203 MONROE COUNTY UNIFIED DEVELOPMENT CODE D. PUD Planned Unit Development (PUD) Primary Uses PUD Summary Mixed Use Developments Min. District 10 acres Size 1. Purpose. PUD District is intended to encourage innovative land planning and site design concepts, and mixed use developments. All PUDs should include landscaping, passive and/or active recreation areas, open space, trails and greenways, preservation of special natural and historic features, and transportation and access improvements necessary to accommodate projected traffic. Both commercial and industrial PUDs should include extensive buffering between the PUD and abutting residential and lower intensity uses. 2. Establishment of Allowed Uses. The following uses may be authorized within a PUD district at the discretion of the Board of Supervisors: a. Any use specifically authorized within a district that implements the adopted Future Land Use Plan pursuant to this Code. b. Any other use that the Board of Supervisors finds compatible with the existing and planned uses in the development and on adjacent properties. c. Manufactured home subdivision development in conformance with Chapter Adoption and Modification of Authorized Uses. The Board of Supervisors, at the time of adoption of a resolution establishing a PUD district shall list the uses and densities that are authorized by right and by conditional use permit. All authorized uses shall be subject to applicable permit and approval processes established in Chapter 2 of this Code. Modification of the authorized use lists for any planned development shall be processed pursuant to the rezoning process established in Chapter 2 of this Code. 4. Development Standards. a. Generally. Planned developments shall comply with the standards of this Code, except when the County finds that public or private amenities provided by the proposed development exceed those that would be achieved through development that strictly complies with the minimum standards of this Code. b. Residential Density. Gross residential densities for the development shall be established at the time of planned development approval. In determining the gross density, the Board of Supervisors shall consider: (1) the amenities provided for the development s residents; (2) potential conflicts with nearby agricultural operations; (3) natural features, such as wetlands, floodplains, sink holes or steep slopes; and (4) the adequacy of on-site and off-site streets to carry traffic likely to be generated by the development. c. Non-Residential Intensity. Nonresidential development shall be established as a maximum floor area ratio (FAR) at the time of planned development approval. In determining the maximum FAR, the Zoning Commission and Board of Supervisors shall consider: (1) The intensity of adjacent development; (2) Demands for the non-residential development proposed in the PUD; (3) The mix of residential and nonresidential development in the vicinity; (4) The adequacy of transportation facilities, including streets, parking, transit facilities and bicycle/pedestrian facilities; and (5) The adequacy of utilities and public services. d. Minimum District Size. A minimum of ten (10) acres shall be required for the establishment of a Planned Development District, unless the Zoning Commission recommends and the Board of Supervisors finds that a smaller district is appropriate for the development or redevelopment of a smaller infill site. e. Dimensional Standards. All dimensional standards established in Chapter 6 of this Code shall apply to development within the planned development unless the Zoning Commission and Board of Supervisors find that potential negative impacts of proposed exceptions to minimum standards are fully mitigated and are offset by community amenities provided in the development. Furthermore, the applicant must meet the following standards: (1) Set-back Standards. Building setbacks shall not be less than the OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

204 MONROE COUNTY UNIFIED DEVELOPMENT CODE minimum setback standards established in Chapter 6 for the district that implements the designated future land use category unless the applicant can demonstrate that: (a) buildings can be designed safely and compatibly with lesser setbacks; (b) reduced setbacks are offset by the provision of readily accessible private or common open space; (c) modified setbacks provide for the protection of steep hillsides, wetlands or other environmentally sensitive natural features; and (d) all buildings are provided with adequate emergency access for fire protection. (2) Architectural Standards. The architecture of the non-residential construction shall be compatible with the adjacent residential development. Residential development restrictions may be required as part of the development approval process. f. Community Amenities. Deviation from the standards may be recommended by the Zoning Commission and approved by the Board of Supervisors subject to the provision of the following community amenities. (1) Transportation amenities, including additional trails, bike or pedestrian paths, transit-oriented improvements (including school bus shelters); (2) Parks land dedication and facilities for active or passive recreation; (3) Open space or agricultural land reservation; (4) Community facilities for provision of public services beyond those required for development within the PUD; or (5) Other provisions in excess of minimum standards that the Board of Supervisors find that provides sufficient community benefit to offset the proposed deviation from strict development standards. 5. General Provisions. a. Contractual Agreement. Approval of a PUD allows the development and use of a parcel of land under certain specific conditions. These conditions of approval shall be filed with the Zoning Administrator after each subsequent stage in the review process and official actions. No use of the parcel, nor construction, modification or alteration of any use or structures within a PUD project shall be permitted unless such construction or use complies with the terms and conditions of the approved plan. Each subsequent owner and entity created by the development, such as property owner's associations or an architectural review committee, shall comply with the terms and conditions of approval. A seller of a property which is zoned PUD or which is in the process of receiving such zoning approval shall apprise the buyer of the terms and conditions of the PUD approval. The County bears no liability for misrepresentation of terms and conditions of an existing approval. The developer shall set forth the conditions of approval within covenants. Such covenants shall be recorded with the final approved plan and map. b. Conformance with Subdivision Review. Subdivision review shall be carried out simultaneously with the review of a PUD zoning in conformance with Chapter 2. c. Conformance with Subdivision Requirements. The development plans shall satisfy the requirements of the subdivision regulation for preliminary plat and final plat in Chapter 2. d. Final Plat Not Required. The requirements of this section and those of Chapter 2 shall apply to all PUD's except that when a PUD is proposed in an existing subdivision and no changes are proposed in existing lot boundaries, rights-of-way, or public or private easements, no final plat shall be required. 6. Transfer of Ownership. No person shall sell, convey, or transfer ownership of any property or any portion thereof within a planned unit development zone until such person has informed the buyer of the property's exact status with respect to the planned unit development process and conditions of approval. 7. Planned Unit Development Zone Designation. The County Auditor and County Zoning Administrator shall designate each approved PUD on the Official Zoning Map by specifying the official planned unit development change, date of the change and appropriate reference to such change. OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

205 MONROE COUNTY UNIFIED DEVELOPMENT CODE E. MHP Mobile Home Park Primary Uses Mobile Home Park Summary Low density placement of mobile homes Min. District 5 acres Size 1. Purpose. (MHP) These standards and requirements are intended and designed to provide for the development of mobile home parks in those areas of the County where it is determined such uses are compatible with existing and indicated future development of the surrounding area. It is also intended that such Mobile Home Parks be designed and developed in conformity with the standards of the Land Use Plan. It is further intended that such Mobile Home Parks be designed and developed to promote public health, safety, and welfare; to reasonably prevent and minimize undue injury to adjoining areas; and to encourage appropriate land use. 2. Performance Standards. The following performance standards are applicable to Mobile Home Park Districts. a. No part of any park shall be used for nonresidential purposes except such uses that are required for the direct servicing and well being of park residents and for the management and maintenance of the park. This shall in no way prohibit the sale by the resident owner of the mobile home located on a mobile home stand and connected to the pertinent utilities. b. A tract of land considered for a mobile home park shall comprise an area of not less than five (5) acres. c. The maximum density allowed for the gross development area shall be eight (8) mobile home lots per acre. d. The minimum area for a mobile home lot shall be forty-five hundred (4,500) square feet. e. The minimum depth for a mobile home lot shall be ninety (90) feet. f. The front yard set-back for a mobile home shall be a minimum of fifteen (15) feet measured from the edge of the park street to the closest point of the lower face of the mobile home. Side and rear yard set-backs shall be established and maintained so as to provide a separation at the nearest point between mobile homes, and other buildings and structures on adjoining lots of at least twenty-five (25) feet. g. The maximum height of buildings and structures shall be thirty-five (35) feet or two (2) stories, whichever is lower, and an accessory building shall not exceed a height of sixteen (16) feet or one and onehalf (1 ½) stories, whichever is lower. h. A minimum of two (2) off-street parking spaces shall be provided for each mobile home. These required parking spaces or parking areas, shall be so located as to provide convenient access to the mobile home, but shall not exceed a distance of two hundred (200) feet from the mobile home that it is intended to serve. i. Off-street parking and storage shall be provided for storing of park residents boats, boat trailers, travel trailers, etc. Temporary mobile home storage may be permitted prior to permanent placement on the mobile home lot, but shall not exceed seven (7) days. j. Adequate provisions shall be made to handle all surface and storm drainage water as determined by the County Engineer. k. The area of the mobile home stand shall be improved to provide an adequate and approved foundation for the placement and tie-down of the mobile home to secure the structure against uplift, sliding, rotation, or over-turning. The mobile home stand shall be made of incombustible materials and not shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration or other forces acting upon the structure. l. The mobile home stand shall be provided with anchors and tie-downs such as cast-inplace concrete dead men eyelets imbedded in concrete foundations or runways, screw augers, arrowhead anchors or other devices to secure the stability of the mobile home. The tie-down device shall be compatible with the foundation system provided for the mobile home such that the tie-downs are designed to resist the action of fronts in the same manner as the foundation system. 1. Over-the-top ties shall be provided at each of the four (4) corners of the mobile home with two (2) additional ties per side at the intermediate locations. 2. All components of the anchoring system shall be capable of carrying a force of forty-eight hundred (4,800) pounds. m. Skirting of a permanent type material and construction with the design and color of the mobile home shall be installed within ninety (90) days after the placement of the OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

206 MONROE COUNTY UNIFIED DEVELOPMENT CODE mobile home to enclose the open space between the bottom of the mobile home floor and the grade level of the mobile home foundation. Such skirting shall not attach the mobile home permanently to the ground, but shall be constructed to provide substantial resistance to withstand high winds and shall not provide a harborage for junk or rodents, or create a fire hazard. Such skirting shall be provided with removable access panels sufficient to provide easy access for inspection and maintenance of all utility riser connections. The skirting shall be maintained in an attractive manner consistent with the exterior of the mobile home and the appearance of the mobile home park. n. Public or common sewer and water facilities shall be provided for each mobile home lot in accordance with the Monroe County Sanitarian requirements. o. Each mobile home park shall construct and maintain one (1) or more basement or underground storm shelter facilities, adequate in the aggregate to protect all residents of the park from the effects of high winds, including tornados. Such facilities shall be provided with water and sanitary facilities. p. In addition to the above listed standards, requirements or limitations concerning the design and development of such mobile home park may be imposed as may be deemed necessary for the protection of adjacent properties and the public interest. F. R -1 Low Density Residential Primary Uses R-1 Summary Low density single-family uses 1. Purpose. R-1 District is intended for low density residential living in rural subdivisions including activities that traditionally serve residential communities. Any land rezoned to R-1 shall be located on adequately constructed and paved roads. 2. Authorized Uses. Exhibit 3.4 lists the uses authorized in this district. No accessory use or structure may be established unless a permanent residence exists. 3. Performance Standards. Development shall conform to the standards established in Chapter 6 of this Code. Adequate Public Facilities shall conform to the standards established in Chapter 8 of this Code. The County Sanitarian may require centralized water and wastewater provisions based upon lot size, environmental conditions or proximity to existing or planned utilities. All accessory structures, including travel trailers shall be located behind the front building line of the primary residence and shall be located at least eight (8) feet away from the primary structure. Accessory storage of a travel trailer shall be allowed only for an unoccupied trailer belonging to the occupant of the primary residence. 4. Design Standards. See Chapter 5.15 Single Family Residential Design Standards for additional regulations concerning single family residential homes. G. C Commercial Service District Commercial Summary Primary Commercial/ services for Uses local needs Min. District 5 acres Size 1. Purpose. (C) Commercial Service District is intended to provide for the normal business and commercial uses required to serve the local needs of the unincorporated areas in Monroe County. Any land re-zoned to commercial shall be located on adequately constructed and paved roads. Buffering, landscaping and open space areas are required to separate the commercial and office uses from residential uses and to mitigate impacts of the more intensive land uses and traffic activities as well as provide adequate access and traffic improvements. 2. Authorized Uses. Exhibit 3.4 lists the uses authorized in this district. 3. Performance Standards. Development shall conform to the standards established in Chapter 6 of this Code. Adequate Public Facilities shall conform to the standards established in Chapter 8 of this Code. The County Sanitarian may require centralized water and wastewater provisions based upon lot size, environmental conditions or proximity to existing or planned utilities. The following additional performance standards are applicable to Commercial Service Districts: a. Commercial Service District development shall avoid strip development along arterial streets and shall be located as follows, except where an existing commercial center has been established prior to the adoption of this Code: (1) Clustered in nodes located along a State maintained highway within one-half (1/2) mile of the intersection of the State OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

207 MONROE COUNTY UNIFIED DEVELOPMENT CODE maintained highway and a local Level A Road under Monroe County jurisdiction; or (2) Along a paved local Level A Road under county jurisdiction; or (3) Within one-half (1/2) mile of the intersection of a paved local Level A Road under county jurisdiction and any other Level A local road under Monroe County jurisdiction. b. A Commercial Service District shall not be less than five (5) acres in size, unless it is located in an R-1 area and the Zoning Commission and Board of Supervisors finds that the proposed uses may be established compatibly with adjacent neighborhoods. c. All buildings shall be set back a minimum of fifty (50) feet from the front property line, twenty-five (25 ) feet on all side lot lines and forty (40 ) feet on the rear lot line. When the use is adjacent to any R District boundary or an existing residence the side and/or rear yard setbacks shall not be less than one hundred (100) feet. If a reduction is requested to the one hundred (100) feet the applicant shall file an application for Variance as outlined in Chapter 2 of this Code. If a reduction is granted thru the variance process, solid or opaque screening or buffering shall be required as outlined in Chapter 6 and the screening shall be approved by the Zoning Administrator. d. A Commercial Service District may be authorized within an area designated as a residential land use category in the Future Land Use Plan, provided that a site plan demonstrating compatibility with existing or planned development of adjacent property is provided at the time of rezoning. The site plan should address screening of trash storage, dust control from parking and driveway areas, shielding light from fixtures and automobiles, and shielding noise from outside speakers. e. Outdoor storage of materials, products, and equipment shall be limited to areas of the side and rear yards and shall be screened as outlined in Chapter 6. f. Outdoor display of merchandise shall be limited to: (1) goods that are stored in screened display areas outside of the front yard; (2) automobiles, motorcycles, recreational vehicles and manufactured housing in areas outside required parking and landscaping areas and shall be placed on hard surface consisting of concrete or asphalt pad or lot; g. No outside display shall be located within the right-of-way. h. Big box stores, and other buildings greater than fifty thousand (50,000) square feet, shall be authorized only subject to a conditional use permit. The Board of Adjustment and Board of Supervisors shall consider the following standards, in addition to those established in Chapter 2. (1) Parking lots for more than one hundred (100) vehicles shall be split up so that seasonal and overflow parking areas are located to the side of the building. (2) Landscaping shall be incorporated throughout the site with appropriately scaled plantings that will create a natural transition between the large and small buildings. (3) At least 10% of the parking lot shall be landscaped with additional accent plantings placed throughout the pedestrian areas abutting the building facades. Landscaping shall be done in conformance with Chapter 6 of this Code. (4) Outdoor storage areas, loading areas and trash receptacles shall be located behind the buildings, but shall not be located within the access drives or circulation paths. All such areas shall be screened from view of any residential district or use, highways and arterials. Screening shall be done in conformance with Chapter 6. (5) Mechanical and electrical equipment shall be located within the structure when possible. External equipment shall be screened to match the colors of adjacent building material. 4. Height. Building height shall not exceed fortyfive (45) feet. Zoning district height limits do not apply to belfries, cupolas, church spires, domes, monuments, airway beacons, fire towers, water towers, structures for essential services, monuments, stage towers or scenery lots, windmills, flagpoles, chimneys, radio/television receiving antennas or chimney flues. However, no such structure shall be permitted to extend into approach zones, clear zones, or other restricted air space for the protection of any public airport. Height limits also do not apply to any elevator bulkhead, OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

208 MONROE COUNTY UNIFIED DEVELOPMENT CODE cooling tower, water tank, or to any similar structure or necessary mechanical appurtenance extending above the roof of any building if such structure does not occupy more than 33% of the area of the roof. H. I-1 Light Industrial I-1 Summary Primary Uses Min. District Size Light Industrial 5 acres 1. Purpose. I-1 District is intended to accommodate limited, light industries that manufacture and assemble finished products with limited land use impacts located relatively close to existing industrial development. Business park development is encouraged. Extensive buffering, landscaping and open space areas are required to mitigate impacts of the intensive land uses and traffic activities as well as adequate access and traffic improvements. 2. Authorized Uses. Exhibit 3.4 lists the uses authorized in this district. 3. Performance Standards. Development shall conform to the standards established in Chapter 6 of this Code. Adequate Public Facilities shall conform to the standards established in Chapter 8 of this Code. Urban standard streets also may be required by the County, based on drainage patterns and adjacent development characteristics. The following additional performance standards are applicable to the I-1 District: a. I-1 Districts shall abut paved arterials and highways, shall provide paved access or dust control as deemed necessary by the Monroe County Zoning Administrator, to the arterial or highway and should be located in the vicinity of established or existing Industrial areas. For purposes of this section, paved access may be via paved road or paved driveway designed to support trucks and other vehicles used in conjunction with the industry; b. I-1 Districts shall be not less than five (5) acres in area; c. All buildings shall be set back a minimum of fifty (50) feet from the front property line, twenty-five feet (25 ) from all side lot lines and forty feet (40 ) from the rear lot line. When the use is adjacent to any R District boundary line or an existing residence the side and rear yard setbacks shall not be less then three hundred (300) feet. If a reduction to the (300) feet is requested the applicant shall file an application for Variance as outlined in Chapter 2 of this Code. If a reduction is granted through the variance process solid or opaque screening or buffering shall be required as outlined in Chapter 6 and the screening shall be approved by the Zoning Administrator. d. Outside storage of materials, products or equipment shall be limited to areas of the side and rear yards and shall be screened in accordance with Chapter 6; e. Loading docks shall be located in the side or rear yards provided that any loading area facing a street shall be screened in accordance with Chapter 6; and f. Any use located within an I-1 District shall operate only in accordance with the following minimum standards regarding vibration, smoke, odor, noise, glare, wastes, fire hazards and hazardous materials as regulated by State Code. Conditional uses located within this district may have higher standards of performance placed upon them through the approval process. (1) Vibration: No activity or operation shall cause, at any time, vibration of the earth perceptible, without instruments, except that vibration caused by blasting conducted in accordance with requirements of the any appropriate local, state or federal agency. (2) Smoke, particulate matter and gases: All activities and operations shall comply with the adopted air quality regulations of the Iowa Division of Environmental Protection, Iowa Department of Health and the United States Environmental Protection Agency. (3) Odor: Noxious or toxic odors discharged by the activity or operation shall not be detected beyond the property line of the lot on which it is located. OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

209 MONROE COUNTY UNIFIED DEVELOPMENT CODE (4) Noise: No noise shall be emitted beyond the property line or zoning district boundary line. At no time shall the volume of sound continuously or recurrently generate more sound than 65 db measured at the property line or zoning district boundary line or as otherwise regulated. (5) Glare: Glare from spot lights or high temperature processes, whether direct or reflected, shall not be visible beyond the property line on which the activity or operation is located. (6) Solid and Liquid Waste: All solid waste, debris and garbage shall be contained within an approved, closed and screened dumpster(s), refuse bin(s) and/or trash compactor(s) until removed from the site. Exterior incineration of trash or garbage shall not be permitted. Sewage and liquid wastes shall be discharged only in full compliance with applicable County, State and Federal laws. (7) Fire Hazards: Activities or operations within this district shall be operated in conformance with the requirements of the Fire Department and any applicable State regulations. (8) Hazardous Materials: Activities or operations within this district shall provide a list of all materials to be used or located on the site whether on a full-time or part-time basis that is covered by the SARA Title III Community Right to Know. This information shall be provided at the time of site plan review. If the activity or operation is existing and is a change of use or expansion, such information shall be provided to the Zoning Administrator with the change of use permit application or other required permit, but prior to the introduction of the hazardous materials to the site. 4. Height. Building height shall not exceed fortyfive (45) feet. Zoning district height limits do not apply to belfries, cupolas, church spires, domes, monuments, airway beacons, fire towers, water towers, structures for essential services, monuments, stage towers or scenery lots, windmills, flagpoles, chimneys, radio/television receiving antennas or chimney flues. However, no such structure shall be permitted to extend into approach zones, clear zones, or other restricted air space for the protection of any public airport. Height limits also do not apply to any elevator bulkhead, cooling tower, water tank, or to any similar structure or necessary mechanical appurtenance extending above the roof of any building if such structure does not occupy more than 33% of the area of the roof. Primary Uses Min. District Size I. I-2 Heavy Industrial I-2 Summary Heavy Industrial 20 acres 1. Purpose. I-2 District is intended to permit any use allowed in the I-2 District as well as more intensive manufacturing, processing of raw materials. Extensive buffering, landscaping and open space areas are required to mitigate impacts of the intensive land uses and traffic activities as well as adequate access and traffic improvements. 2. Authorized Uses. Exhibit 3.4 lists the uses authorized in this district. 3. Performance Standards. Development shall conform to the standards established in Chapter 6 of this Code. Adequate Public Facilities shall conform to the standards established in Chapter 8 of this Code. Urban standards streets also may be required by the County, based on drainage patterns and adjacent development characteristics. a. I-2 Districts shall abut paved arterials and highways, shall provide paved access to the arterial or highway and should be located in the vicinity of established or existing industrial areas. For purposes of this section, paved access may be via paved road or paved driveway designed to support trucks and other vehicles used in conjunction with the industry; b. I-2 Districts shall be not less than twenty (20) acres in area; c. All buildings shall be set back a minimum of one hundred (100) feet from the front property line and fifty (50) feet from all side and rear lot lines. When the use is adjacent to an R District boundary line or an existing residence, the side and or rear yard setbacks shall be not less than three hundred (300) feet. If a reduction to the (300) feet is requested the applicant shall file an application for a Variance as OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

210 MONROE COUNTY UNIFIED DEVELOPMENT CODE outlined in Chapter 2 of this Code. If a reduction is granted through the variance process solid or opaque screening or buffering shall be required as outlined in Chapter 6 and shall be approved by the Zoning Administrator; d. Outside storage of materials, products or equipment shall be limited to areas of the side and rear yards and shall be screened as outlined in Chapter 6; e. Loading docks shall be located in the side or rear yards provided that any loading area facing a street shall be screened in accordance with Chapter 6; and f. Any use located within an I-2 District shall operate only in accordance with the following minimum standards regarding vibration, smoke, odor, noise, glare, wastes, fire hazards and hazardous materials as regulated by State Code. Conditional uses located within this district may have higher standards of performance placed upon them through the approval process. (1) Vibration: No activity or operation shall cause, at any time, vibration of the earth perceptible, without instruments, except that vibration caused by blasting conducted in accordance with requirements of the any appropriate local, state or federal agency. (2) Smoke, particulate matter and gases: All activities and operations shall comply with the adopted air quality regulations of the Iowa Division of Environmental Protection, Iowa Department of Health and the United States Environmental Protection Agency. (3) Odor: Noxious or toxic odors discharged by the activity or operation shall not be detected beyond the property line of the lot on which it is located. (4) Noise: No noise shall be emitted beyond the property line or zoning district boundary line. At no time shall the volume of sound continuously or recurrently generate more sound than 65 db measured at the property line or zoning district boundary line or as otherwise regulated. (5) Glare: Glare from spot lights or high temperature processes, whether direct or reflected, shall not be visible beyond the property line on which the activity or operation is located. (6) Solid and Liquid Waste: All solid waste, debris and garbage shall be contained within an approved, closed and screened dumpster(s), refuse bin(s) and/or trash compactor(s) until removed from the site. Exterior incineration of trash or garbage shall not be permitted. Sewage and liquid wastes shall be discharged only in full compliance with applicable County, State and Federal laws. (7) Fire Hazards: Activities or operations within this district shall be operated in conformance with the requirements of the Fire Department and any applicable State regulations. (8) Hazardous Materials: Activities or operations within this district shall provide a list of all materials to be used or located on the site whether on a full-time or part-time basis that are covered by the SARA Title III Community Right to Know. This information shall be provided at the time of site plan review. If the activity or operation is existing and is a change of use or expansion, such information shall be provided to the Zoning Administrator with the change of use permit application or other required permit, but prior to the introduction of the hazardous materials to the site. 4. Height. There shall be no limitation on height provided, however, that no structure shall be permitted to extend into the approach zones, clear zones, or other restricted air space for the protection of any public airport. The zoning administrator may require assurances or documentation that the height of the buildings does not violate any state or federal requirements or statutes. J. AOD Airport Overlay District 1. Purpose. The Airport (Overlay) District is intended to place additional restrictions upon land encompassing the Albia Municipal Airport and that land lying under the air space zones required for safe aircraft operations in order to eliminate airport hazards. 2. Airspace Zones and Airspace Height Limitation. In order to carry out the provisions of this section, there are hereby created and established certain airspace zones which are depicted on the Albia Municipal Airport Height Zoning Map. A structure located in more than one (1) zone of the following zones is considered to be only in the OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

211 MONROE COUNTY UNIFIED DEVELOPMENT CODE zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: a. Horizontal Zone. The land lying under a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by: (1) Swinging arcs of five thousand (5,000) feet radii from the center of each end of the primary surface of runway(s) 13 and 31, and connecting the adjacent arcs by lines tangent to those arcs. (Note: The radius of the arc specified for each end of a runway will have the same mathematical value. That value will be the highest determined for either end of the runway. When a five thousand (5,000) feet arc is encompassed by tangents connecting two (2) adjacent, the ten thousand (10,000) feet arc, the five thousand (5,000) feet arc shall be disregarded on the construction of the perimeter of the horizontal surface.) (2) No structure shall exceed a height of one hundred fifty (150) feet above the established airport elevation in the horizontal zone, as depicted on the Albia Municipal Airport Height Zoning Map. b. Conical Zone. The land lying under a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet. No structure shall penetrate the conical surface in the conical zone, as depicted on the Albia Municipal Airport Height Zoning Map. c. Approach Zone. The land lying under a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. (Note: An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.) (1) The inner edge of the Approach Surface is five hundred (500) feet wide for runway(s) 13 and 31. (2) The outer edge of the approach zone is: (a) one thousand, five hundred (1,500) feet for runway 13; (b) two thousand (2,000) feet for runway 31. (3) The Approach Zone extends for a horizontal distance of five thousand (5,000) feet at a slope of twenty (20) to one (1) for runways 13 and 31. No structure shall exceed the approach surface to any runway, as depicted on the Albia Municipal Airport Height Zoning Map. d. Transitional Zone. The land lying under those surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven (7) to one (1) from the sides of the primary surface and from the sides of the Approach Surfaces. No structure shall exceed the Transitional Surface, as depicted on the Albia Municipal Airport Height Zoning Map. e. Structures in Minimum Descent Altitude and Minimum Obstruction Clearance Altitude or Minimum En route Altitude. No structure shall be erected in Monroe County that raises the published Minimum Descent Altitude for an instrument approach to any runway, nor shall any structure be erected that causes the Minimum Obstruction Clearance Altitude or Minimum En route Altitude to be increased on any federal airway in Monroe County. K. R-S Recreational Subdivision (Effective April 7, 2009) Primary Uses Max Density R-S Summary Low density single family uses and seasonal parking of travel trailers. 6 single family dwelling units/acre 1. Purpose. R-S District is intended for low density residential living and seasonal use of travel trailers on individual lots. Any land rezoned to R-S shall be located on adequately constructed roads. 2. Authorized Uses. Exhibit 3.4 lists the uses authorized in this district. No accessory use or structure may be established unless a permanent residence exists except as allowed for a travel trailer. 3. Performance Standards. Development shall conform to the standards established in Chapter 6 of this Code. The County Sanitarian OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

212 MONROE COUNTY UNIFIED DEVELOPMENT CODE may require centralized water and wastewater provision based upon lot size, environmental conditions or proximity to existing or planned utilities. a. The occupancy of a travel trailer shall be subject to the standards established in Chapter 5; Section b. All accessory structures, including travel trailers shall be located behind the front building line of the primary residence and shall be located at least eight (8) feet away from the primary structure. c. Accessory storage of a travel trailer shall be allowed only for an unoccupied trailer belonging to the occupant of the primary residence. d. Mini-warehouses or travel trailer parking areas may be authorized subject to the issuance of a conditional use permit that includes adequate provisions for landscaping, screening and establishing a durable all weather surface for parking areas and driveways. 3.4 Use Matrix and Interpretation Conditional Uses: A C indicates that the listed use is allowed within the respective zoning district only after review and approval of a Conditional Use Permit, in accordance with the review procedures of Chapter 2. Conditional uses are subject to all other applicable standards of this Code. Prohibited Uses: A - indicates that the listed use type is not allowed within the respective zoning district, unless it is otherwise expressly allowed by other regulations of this code. A. Land Use Matrix. Exhibit 3.4 lists the principal uses allowed within the zoning districts and uses permitted by Conditional Use Permit in accordance with Chapter 2. This exhibit is located in the Appendix at the end of Section 3. B. Uses Not Provided for In Zoning Districts. In the case where a use is not specifically listed under any of the permitted, conditional, accessory or temporary uses in the district regulations, the Zoning Administrator shall determine the appropriate district or districts where such use shall be allowed based on a comparison of other uses which most closely resemble the unlisted use. C. Rules for Interpretation of Exhibit 3.4. Exhibit 3.4 lists principal uses authorized in residential, non-residential and agricultural land use districts. Most of the use categories listed in the first column of Exhibit 3.4 are defined in Chapter 10. The second column of the use exhibit contains an abbreviated definition of each respective use category. The provisions of Chapter 10 shall control in the case of uncertainty as to the definition. In some cases, Specific Use Types are listed in the third column of the exhibit. If a Specific Use Type is listed in the exhibit, that use type is allowed only within the districts indicated, not within the districts that allow the broader use category. Permitted Uses: A P indicates that the listed use is allowed by-right within the respective zoning district. Permitted uses are subject to all other applicable standards of this Code. OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

213 MONROE COUNTY UNIFIED DEVELOPMENT CODE Use Category Exhibit 3.4 Use Matrix Definition (Excerpt) See Section 10 for complete description Specific Use Type Zoning Districts A-1 A-2 R-1 C I-1 I-2 R-S Household Living Group Living residential occupancy of a dwelling unit by a household residential occupancy of a structure by a group of people who do not meet the definition of Household Living Single-Family Residence P P P P Primitive Residence Un-improved Cabin P P Bed and Breakfast Home C P C Bed and Breakfast Inn C C C P Duplex - - P Sport's Man Cabin C C C Primary Accessory Building P P Temporary Accessory Dwelling. See Section 5.1B C C C C C C - Assisted Living Facility - - C C Residential Treatment Facility - - C C Group Home (8 or fewer residents) - - C Boarding (8 or fewer residents) - C C P Home Industry Home based businesses that do not comply with the Home Industry P P standards for home occupations. Home Occupation Home Occupation P P P P Accessory Dwelling Mixed Use Accessory dwelling for business owner Any type of residential unit in conjunction with one or more commercial uses. Dwelling for owner, his/her parents or lineal descendant Commercial and residential uses on the same site P C P OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

214 MONROE COUNTY UNIFIED DEVELOPMENT CODE Use Category Exhibit 3.4 Use Matrix Definition (Excerpt) See Section 10 for complete description Specific Use Type Zoning Districts A-1 A-2 R-1 C I-1 I-2 R-S Clubs Fraternal Lodges, Meeting Hall - C C P - - P Community Service uses providing a local Community Activity Building - C C P - - P service to the community All Other Community Service - C C P - - P Cultural Establishments that document the social structures and Museums, Art Galleries, intellectual and artistic Opera Houses, Libraries - C C P manifestations that characterize a society Day Care Detention Facilities Health Care Facilities care, protection & supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day facilities for the detention or incarceration of people uses providing medical, dental or surgical care to patients and alternative medical care Day Care Center more than 12, clients children or adults C C C P Day Care 1-5 clients P P P P Day Care 6-12 clients children or adults C C C C Jails, Honor Camps, Reformatories C C - - Law Enforcement Rehabilitation Centers C C - - Clinics/Medical/Dental Offices P Counseling Centers (nonresident) P Hospital/Mental Hospital, Sanitarium, Nursing Home P Physical and Mental Rehabilitation (resident) P Treatment Facility for Alcohol & Drug Abuse P OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

215 MONROE COUNTY UNIFIED DEVELOPMENT CODE Use Category Parks & Open Space Safety Services Schools Utility, Basic Exhibit 3.4 Use Matrix Definition (Excerpt) See Section 10 for complete description natural areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, etc. public safety and emergency response services public safety service training schools at the preprimary, primary, elementary, middle, junior high, high school level, colleges and vocational schools; other schools of instruction infrastructure services that need to be located in or near the area where the service is provided Specific Use Type Zoning Districts A-1 A-2 R-1 C I-1 I-2 R-S Cemetery - C Golf Course - C C P Campground, primitive - C Golf Driving Ranges - C C P Parks/Lakes/Reservoirs - P P C Fire, Police, EMS and rescue facilities (excluding training - P P P P P - towers and firing ranges) firing range - C - C C C - training towers C C C - Boarding School - C - C Nursery or Pre-School - C C C - - C Dance/Art/Music Schools - - C C Elementary Schools - - C C Private Schools - C C C Secondary Schools - - C C All Other Schools - - C C Vocational/Technical Schools C - - Utility Service Lines and appurtenances P P P P P P P Water and Sewage Treatment - C C C C C C All Other Utility, Basic Public Water Supply C C C C C C C OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

216 MONROE COUNTY UNIFIED DEVELOPMENT CODE Use Category Utility Corridors Exhibit 3.4 Use Matrix Definition (Excerpt) See Section 10 for complete description Passageways for transmitting or transporting electricity, gas, oil, water, sewage, communication signals, or other similar services including transmission lines Specific Use Type Transmission Lines (see definitions) Utility Treatment Production or Service Facilities such as Commercial Electricity Generating Plants and Sewage Treatment Zoning Districts A-1 A-2 R-1 C I-1 I-2 R-S C C C C C C C C C C C P P - Entertainment Event, Major Lodging Office Parking, Commercial activities and structures that draw large numbers of people to specific events or shows hotels, motels and similar establishments activities conducted in an office setting and generally focusing on business, government, professional or financial services Parking that is not necessary to a specific use for which fees may be charged Indoor Facilities C Outdoor Facilities - C - C Hotels & Motels P General Offices P P C - Government Offices / Buildings / Facilities - C - P P C C OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

217 MONROE COUNTY UNIFIED DEVELOPMENT CODE Use Category Recreation & Entertainment Exhibit 3.4 Use Matrix Definition (Excerpt) See Section 10 for complete description Generally large commercial uses that provide continuous recreation or entertainment-oriented activities Specific Use Type Zoning Districts A-1 A-2 R-1 C I-1 I-2 R-S Amusement Park P Bowling Alley, Pool Hall, Billiard Parlor P Campgrounds & Travel Trailer Park - C - C Dance Hall P Drive-In Theater - C - C Miniature Golf - C C P - - C Resort Cabins & Lodges - C - P Gun Clubs - Shooting Ranges (indoor) C C C - Shooting Ranges (outdoor) - C Hunting Preserve - C - C Swimming Pools - C C P Theater P Retail Sales & Service Alcohol Sales, retail P Alcohol Sales, by the drink (primary use), Bar, Tavern P Alcohol Sales, in restaurant P Antique & Art Shops P Book, Candle Gift Shops P Blacksmith - C - P P - - Welding Shop C P P - Clothing P P - - Contractors and Trade Shops - Indoor operations and P P P - storage OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

218 MONROE COUNTY UNIFIED DEVELOPMENT CODE Use Category Retail Sales & Service Exhibit 3.4 Use Matrix Definition (Excerpt) See Section 10 for complete description Specific Use Type Zoning Districts A-1 A-2 R-1 C I-1 I-2 R-S Indoor operations and outdoor storage (including P P P - heavy vehicles Outdoor storage and operations, equipment P P P - storage yard Delivery & Dispatch Services (vehicles on-site) P P P - Drive-thru /Drive-in Facility P P - - Farm Implement Sales/Service P P - - Fertilizer Sales - Outsideopen yard fenced P P P - Food Service - Sit-down Restaurant P Drive-thru Restaurant P Drive-In Restaurant P Catering P Grocery - Neighborhoods (less than 50,000 square feet) P Big Box (50,000 square feet and larger) C Ice Cream, Confectionary, Dairy P Landscaping Materials P P - - Laundry Self-Service C P P - - Cleaning, dyeing P P - Lumberyard P P - - Manufactured Building Sales & Service P Monument Sales Yard P P - - Nursery, Greenhouse - C - P P - - Rental Services P P - - OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

219 MONROE COUNTY UNIFIED DEVELOPMENT CODE Exhibit 3.4 Use Matrix Use Category Definition (Excerpt) See Section 10 for complete description Specific Use Type Zoning Districts A-1 A-2 R-1 C I-1 I-2 R-S Self-Service Storage uses providing separate storage areas for individual or business uses Indoor/Outdoor display / storage C P P - - Repair Services, Appliances P P - - All Other Retail Sales and Service Mini-Warehouse (R-S to include Travel Trailer Storage) C C C C P C - C Telecommunication Commercial Microwave, C C - C C C - Radio and Television Towers Wind Energy Rated Capacity of 100 Personal P P P P - - P System kw or less Rated Capacity of more Commercial C C - P P P kw Vehicle Sales Auto Dealerships, New, Used P Vehicle Service, Limited direct service to motor vehicles Auto Mechanical Repair/Service P Body Shop P Car Wash P Gasoline Sales/No Service P C - - Truck Repair P P - - Truck Stop/Travel Plaza P P - - Tire Recapping and Storage C C - Industrial Service, Manufacturing & Production firms engaged in the repair or servicing of industrial, business or consumer machinery, equipment products or buy-products Indoor Operations and Storage P P - Assembly P P - Food Products: Bottling Works, Wholesale Bakery, P P - Creamery Other manufacturing/ Processing C C - OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

220 MONROE COUNTY UNIFIED DEVELOPMENT CODE Use Category Industrial Service, Manufacturing & Production (cont d) Industrial Service, Manufacturing & Production (cont d) Exhibit 3.4 Use Matrix Definition (Excerpt) See Section 10 for complete description Specific Use Type Zoning Districts A-1 A-2 R-1 C I-1 I-2 R-S Indoor Operations w/outdoor Storage P P - Assembly P P - Builders, contractor s shop and fenced outside storage P P - yard Enameling, Lacquering, Japanning P P - Welding, Metal Work, Machine Shop P P - Other Manufacturing / Processing C C - Outdoor Operations and Storage P P - Assembly C P - Asphalt, Concrete Plant & Products C C P - Grain Mills or Processing for Mine Products - C - - C P - Other Manufacturing / Processing C C - Chemical and/or Mineral Processing and Storage - C - - C C - Bulk Storage of Petroleum Products - C - - C C - Anhydrous Ammonia Storage - C - - C P - Cement, Lime Gypsum and Other Similar Materials C P - Manufacture Fat Rendering, Fertilizer or Glue Manufacture C P - Offal or Dead Animal Reduction C C - OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

221 MONROE COUNTY UNIFIED DEVELOPMENT CODE Use Category Warehouse & Freight Storage, Freighting Warehouse & Freight Storage, Freighting (cont d) Waste-Related Use Exhibit 3.4 Use Matrix Definition (Excerpt) See Section 10 for complete description firms involved in the storage or movement of freight uses that receive solid or liquid wastes from others, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material Specific Use Type Zoning Districts A-1 A-2 R-1 C I-1 I-2 R-S Slaughter Houses, Meat Packing and Processing C C - Plants, and Stockyards Sawmill, Planing Mill P P - Printing, Publishing Houses P P P - Woodworking, Sheet Metal, Plumbing, Sign Painting Shops P P P - Frozen Food Lockers P P P - Indoor Operations, Storage and Loading P P P - Indoor Storage w/outdoor Loading Docks C P P - Outdoor Storage or Loading C P P - Carting, Express Hauling, Truck Terminal P P - Railroad Freight Station P P - Non-Hazardous Waste Transfer Medical/Hazardous Waste Transfer Station C C C C - Solid Waste Disposal Sites C - Salvage Yard - C - - C C - OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

222 MONROE COUNTY UNIFIED DEVELOPMENT CODE Use Category Exhibit 3.4 Use Matrix Definition (Excerpt) See Section 10 for complete description Specific Use Type Zoning Districts A-1 A-2 R-1 C I-1 I-2 Animals Aviation or Surface Passenger Terminal facilities for the land and take-off of flying vehicles or stations for ground-based vehicles, including loading/ unloading areas mining or extraction of mineral or aggregate resources from the ground for off-site use Small Animal Care/Sales Kennel, Indoor C C C P P P C Kennel, Outdoor C C - C P P - Animal Hospital C C - C P P -- Large Animal Care/Sales - C - C - - Airports/Heliports/Helipads C C P - Private Landing Strip C C Bus/Commuter Stops - - C P P P - Bus/Railroad Depot P P P - All Other Aviation or Surface Passenger Terminal C C - Mining Extraction of Sand, Gravel, Minerals C C C - Quarry C C C - Mineral Processing C C C - Temporary Uses Building - Construction Office C C C C C C - Trailer/Portable C C C C C C - Asphalt/Concrete Mixing Transportation Plants - C - C Outdoor Entertainment C C - C Railroad r/w and tracks not incl. switching, storage P P C P P P - terminal facility freight yard. Railroad switching, storage or terminal facilities and freight yards - C - - C P - OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

223 MONROE COUNTY UNIFIED DEVELOPMENT CODE Use Category Agricultural Related Exhibit 3.4 Use Matrix Definition (Excerpt) See Section 10 for complete description raising, producing or keeping of plants or animals and related agricultural activities Specific Use Type Zoning Districts A-1 A-2 R-1 C I-1 I-2 R-S Agricultural Service Establishments C C - P Wholesale Nursery, Garden P P - P Roadside Stand (sale of goods produced on premises) P P Farm Dwelling for Seasonal Employees P P Grain & Seed Sales C C - P Stables - Public C P Private P P OCTOBER 6, CHAPTER 3: DEVELOPMENT PROCEDURES

224 MONROE COUNTY UNIFIED DEVELOPMENT CODE Chapter 4: Non-Conforming Situations 4.1 Purpose Within Monroe County there exist structures, uses of structures and uses of land which were lawful prior to the adoption of this Code, but which now would be prohibited, regulated, or restricted under the provisions of this Code. The purpose and intent of this Code is to permit these non-conformities to continue until they are removed, but not to encourage their continuation. Such uses are declared by this Code to be incompatible with permitted uses in the districts involved. Such nonconformities shall not be enlarged upon, expanded or extended. 4.2 Continuation of Non- Conformities A lawful situation made non-conforming by the adoption of this Code or prior ordinance of the County may continue to operate only as long as such use fulfills all of the requirements of this Chapter. A use made nonconforming by this Code may continue under the terms of the existing development approval, provided that any subsequent approvals must conform to the terms of this Code. The casual, intermittent, temporary, or illegal use of a structure, land, or structure and land in combination shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on part of a lot or tract shall not be construed to have established a nonconforming use on the entire lot or tract. All non-conforming uses shall remain legal and lawful at all times and be able to show adequate documentation of the same. 4.3 Non-Conforming Lots of Record and Use A parcel of land with an area less than what is required for the applicable zoning district may be used for any purpose permitted in the zoning district if: A. The owner is able to demonstrate to the satisfaction of the Zoning Administrator that the parcel was lawful at the time it was created; B. No reasonable alternative exists to make the nonconforming lot conforming, such as the addition of adjoining land under the property owner s control; C. The use meets all other regulations prescribed (i.e. set-backs, etc.) for the zoning district prior to occupancy or use; and D. The proposed use can be developed in a safe manner that adequately provides for water and wastewater facilities in conformance with these regulations. 4.4 Expansion, Improvements, Restoration and Maintenance of Non-Conformity A. Expansion of Non-Conformities. 1. A non-conforming residential use or structure shall not be expanded in scope or area unless it meets all requirements as set out in Section 4.3 of this Chapter. 2. A non-conforming business, commercial or industrial use may be expanded when a structural expansion does not exceed 15% of existing gross floor area of the structure and adequate parking is provided for the existing and expanded business area. This expansion shall be granted only once for any nonconforming business. 3. Criteria for Expansion of Non-Conformities. If any of the following criteria cannot be met or are violated due to the expansion of the nonconformity, then the request shall be reviewed by the Board of Adjustment in accordance with the provisions set forth in Chapter 2 of this Code. No vested interest shall arise out of the approval of the expansion of the nonconformity. a. The continuance of the non-conformity will not be contrary to the public health, safety, welfare or the intent of this Code; and b. The proposed expansion does not require additional off-street parking; and c. The proposed expansion does not generate additional noise, vibration, odor, and is not more intensive than what currently exists; and d. The use and its proposed expansion do not and are not likely to significantly depress the value of nearby properties; and e. Improvement of conditions on the property including, but not limited to, upgrading the appearance of the premises, removal of non-conforming signs or addition of off-street parking and loading facilities. 4. Application for Expansion Required. Application for expansion shall be submitted to the Zoning Administrator, in writing, together with a site plan showing the existing uses, detailing the type and amount of the proposed expansion and the names and addresses of all adjacent property owners within five hundred (500) feet of the property in all areas except R-1 and R-S. In R-1 and R- S areas the names and addresses of adjacent property owners within two hundred (200) feet of the property shall be listed. OCTOBER 6, CHAPTER 4: DEVELOPMENT PROCEDURES

225 MONROE COUNTY UNIFIED DEVELOPMENT CODE 5. Notice of Expansion and Protest. Upon receipt of the application, the property shall be posted within thirty (30) days of receipt of application, providing notification of the proposed expansion. If any protests are received within fifteen (15) days of the posting, the requested expansion shall require a conditional use permit pursuant to Chapter 2.3.E. B. Remodeling, Repair and Maintenance. Remodeling, repair and maintenance not subject to Chapter 4.4.A; the following shall apply: 1. Routine Repair and Maintenance of Non- Conforming Structure/Use. Normal maintenance or minor repair of a nonconforming structure/use shall be permitted. Minor repairs shall be defined as repairs that are non-structural in nature. 2. Restoration of Damaged Non-Conforming Structure/Use. If damage to a non-conforming structure/use is less than 100% of its value, the use may be restored in conformance with this Code, provided that the work is commenced within six (6) months from the date of the damage and completed within one (1) year from the date of the damage and the building is not expanded in area. 3. Restoration of a Destroyed Non-Conforming Structure/Use. Except for schools and residences, a non-conforming building that has been destroyed by 100% of its value shall not be repaired, reconstructed, moved or altered. 4.5 Certificate of Non- Conformity Evidence of the status of a non-conforming structure, use of land or use in a structure shall be supplied by the owner of the property upon request of the Zoning Administrator. A. Proof of Status. Evidence of non-conformity shall be in the form of County maps; repair and maintenance bills and receipts giving proof of the non-conformity s existence; remodeling, mechanical and electrical equipment contractors receipts for installation and construction affecting the non-conformity; bills of sale and contracts; and any other evidence that the Zoning Administrator deems appropriate to the non-conforming structure, land use or use in a structure. One or more pieces of evidence predating the adoption of this Code shall be provided by the applicant and included with the application. B. Certificate of Non-Conformity. The Zoning Administrator shall review the applicant s evidence of pre-existing, non-conforming status and determine if the non-conforming situation is valid. When such a determination is made, the Zoning Administrator shall issue a certificate to the applicant verifying the nature of the nonconformity, date upon which the non-conformity occurred, the duration of the non-conformity and the legal description of the non-conforming property. The Zoning Administrator shall retain an official copy of this certificate of non-conformity. 4.6 Change in Use A. General. Any non-conforming use of land or structure may be changed to another nonconforming use of the same nature or to a less intensive nature if no structural alterations are involved and if it is found that the relation of the structure and proposed use to surrounding property is such that adverse effects on occupants and neighboring property will not be greater than if the original non-conforming use continued. B. Application for Change in Use Required. Application for the change of a non-conforming use shall be submitted to the Zoning Administrator in conformance with the requirements of Chapter 2.2 in writing, together with a site plan showing the existing uses, detailing the type and amount of the proposed expansion and the names and addresses of all adjacent property owners within five hundred (500) feet of the property in all areas except R-1 and R-S. In R-1 and R-S areas the names and addresses of all adjacent property owners within two hundred (200) feet of the property shall be listed. C. Review Criteria for Change in Use Application. Approval for such a change in use shall be approved by the Board of Adjustment. The application shall be processed through the Zoning Administrator. The following additional factors shall be used by the Board of Adjustment to complete their review. The applicant shall be required to provide documentation and or information to complete the following: 1. The proposed use is no more intensive than the existing use; 2. The proposed use requires no more off-street parking than the existing use; 3. Existing lawful non-conforming uses of a structure that changes owners but continues the same use shall be permitted to do so provided that an agreement is signed by the new owner and kept on file in the Zoning Administrator s office stating that the new owner agrees to all conditions placed on the previous owner and use(s) of the structure; 4. The character and history of the use and of development in the surrounding area; 5. The comparable degree of noise, vibration, dust, odor, fumes, glare, or smoke detectable at the property line; 6. The comparative numbers and kinds of vehicular trips to the site; OCTOBER 6, CHAPTER 4: DEVELOPMENT PROCEDURES

226 MONROE COUNTY UNIFIED DEVELOPMENT CODE 7. The comparative amount and nature of outside storage, loading and parking; 8. The comparative visual appearance; 9. The comparative hours of operation; 10. The comparative effect on existing vegetation; 11. The comparative effect on water drainage; and 12. Other factors which tend to reduce conflicts of incompatibility with the character or needs of the area. D. Notice of Change in Use and Protest. Upon receipt of the application, the property shall be posted with notification of the proposed change within thirty (30) days of receipt of the application to allow for any person to protest the change in use application. A public hearing shall be held as outlined in Section 2.1.C. E. Decision of the Board of Adjustment. The Board of Adjustment shall make its recommendations in writing. If the recommendation is for denial, the Board of Adjustment shall provide a written record regarding the reasons for denial. F. Review Criteria. The Board of Adjustment shall use the criteria set in Chapter 4.6.C to make its recommendation. G. Appeals. If the application is not approved any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment may present to a court of record a petition as set out in Chapter 335 of the Code of Iowa and as set forth in Section 2.3.K of this Code. tract shall not be considered to have established a non-conforming use on the entire lot or tract. C. Removal of a Non-Conforming Mobile Home. A non-conforming mobile home not located in a mobile home park, having been removed from its foundation or pad shall constitute abandonment of the use and shall comply with the provisions of this Code. Evidence of intent to abandon the nonconforming mobile home use is not required. 4.7 Non-Conforming Signs Any non-conforming sign which has been damaged in excess of 50% of its replacement cost by fire, wind or other cause except vandalism shall not be restored without conformance with the provisions of this Code. 4.8 Abandonment and Discontinuance of Non- Conforming Rights A. General. Except for agricultural activities located in the Agricultural Districts, whenever a nonconforming structure or use has been discontinued for a continuous period of one (1) year or longer, neither this structure or use nor any other nonconforming structure or use shall be re-established and shall be deemed to be abandoned, and any further use of the property shall be in conformance with the provisions of this Code. Evidence of intent to abandon the non-conforming structure or use is not required. B. Intermittent Uses. The casual, intermittent, temporary or illegal use of a structure, land or structure and land in combination shall not be sufficient to establish the existence of a nonconforming structure or use, and the existence of a non-conforming structure or use on part of a lot or OCTOBER 6, CHAPTER 4: DEVELOPMENT PROCEDURES

227 MONROE COUNTY UNIFIED DEVELOPMENT CODE Chapter 5: Supplementary Conditions for Specific Uses 5.1 Accessory Structures and Uses Accessory buildings or structures and uses may be developed, used and operated in conformance with the standards of this Code and any other applicable codes, regulations and policies adopted by the County, State or Federal Government. A. Accessory Buildings and/or Structures. An accessory building or structure is a subordinate building or structure, the use of which is secondary to the principal building or structure. 1. In all areas except A-1 and A-2 areas accessory buildings or structures shall not be constructed or permitted on a lot or parcel unless permitted or constructed in conjunction with a principal structure or a principal structure or building already exists or has been permitted. 2. Primary Accessory Building or Structure. In A-1 and A-2 areas an accessory building or structure may be allowed as a primary structure subject to the follow conditions. a. When permitted as a primary structure it shall follow the set-backs of a primary structure and not those of an accessory building or structure. b. If there is water to the property a valid septic system shall be installed subject to approval of the Monroe County Sanitarian and the Monroe County Board of Health Rules and Regulations. c. If there is no water to the property an outside privy will be constructed subject to approval of the Monroe County Sanitarian. Also, a signed notarized affidavit will be signed by the property owner(s) agreeing that should water be brought to the property, a valid septic system shall be installed subject to the approval of the Monroe County Sanitarian and the Monroe County Board of Health Rules and Regulations. 3. Accessory buildings or structures shall not be constructed in any required set-back area and shall meet the set-backs and requirements as specified in said district. 4. Any accessory building attached to the principal building shall be considered as part of the principal building and shall meet the setbacks and requirements as specified for the principal building in said district. 5. Regardless of its location, a detached accessory building shall maintain a distance of eight (8) feet (wall to wall) from any principal building or structure, or other detached accessory building situated on the same lot. 6. Mobile homes, manufactured homes and Pre- Hud mobile home, whether converted to real estate or not, shall not be utilized as an accessory building. 7. Portable accessory buildings less than onehundred (100) square feet are exempt from obtaining a zoning placement permit as long as they are not placed in the set-back area on the property. 8. No accessory building shall be used for dwelling purposes unless specifically permitted. B. Temporary Accessory Dwellings. A temporary dwelling unit may be allowed as an accessory use when all the following conditions are met: 1. Accessory dwelling units are subject to a conditional use permit pursuant to Chapter 2.3.E; 2. The time frame that the temporary accessory dwelling will be allowed to remain will be established by the conditional use permit but shall not exceed a two year period; 3. Accessory dwelling units shall be anchored to a permanent perimeter foundation; 4. The accessory dwelling unit may not be sold separately from the sale of the entire property, including the principal dwelling unit; 5. The accessory dwelling unit shall comply with all required building setbacks for the principal residential use; 6. The overall height of an accessory dwelling shall be limited to one story, or fifteen (15) feet; 7. One additional off-street parking space shall be provided for any accessory dwelling; 8. Accessory dwellings shall not exceed 80% of the square footage of the primary residence; 9. All accessory dwelling units shall comply with the County Sanitarian in regards to water and septic conditions; 10. If the principal dwelling purpose or ownership changes the temporary accessory dwelling must be removed or application made by the new owners for a conditional use permit; 11. When the temporary accessory dwelling permit expires the accessory dwelling must be removed, unless application is made and approved and the temporary accessory dwelling can comply with all permanent residential regulations including but not limited to minor subdivision requirements; and 12. Pre-Hud - Mobile Homes shall not be allowed under any circumstances as temporary accessory dwellings. C. Accessory Uses. Accessory uses in noncommercial districts are incidental and subordinate OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

228 MONROE COUNTY UNIFIED DEVELOPMENT CODE to the principal use permitted in that district and shall be located on the same parcel as the principal use or structure. Accessory uses within nonresidential districts shall comply with the specific density and dimensional standards for the district in which the use is located, except that the height of accessory uses located on the roof of a building may exceed the district height requirements by a maximum of 20%. Overnight parking of a travel trailer or recreational vehicle is allowed only as an accessory use except within a recreational vehicle and travel trailer park as outlined in Section 5.12, campground or vehicle storage yard. 5.2 Bed and Breakfast Establishments In all districts in which bed and breakfast homes or bed and breakfast inns are permitted, the following standards shall apply (or as otherwise prescribed by the Code of Iowa): A. General Provisions. 1. Cooking facilities are not permitted in individual guest rooms. 2. Parking provisions shall be in conformance with Chapter 6.3 of this Code. 3. In A-1 and A-2 non-residential zoning districts, common dining areas for bed and breakfast inns may be leased for social events or a meeting/reception area, if off-street parking is provided. 4. In residential zoning districts, common dining areas shall not be leased for social events. 5. Bed and breakfast inns shall have direct access to a paved collector or arterial street. B. Specific Provisions. These specific standards shall apply to bed and breakfast establishments: 1. Bed and breakfast homes shall: a. only serve food to the parties that are overnight guests; b. advertise as a bed and breakfast home, but not as a hotel, motel or restaurant; c. be exempt from licensing and inspection as a food service establishment and as a hotel; d. have a smoke detector in working order in each sleeping room; e. maintain a fire extinguisher in working order on each floor; f. have the water tested annually if water is not received from a public water supply; g. no more than four (4) guest families can be accommodated at the same time; and h. if food is served to the general public, that is persons that are not overnight guests, the facility must be licensed and inspected as a food service establishment as set out in the Code of Iowa. 2. Bed and breakfast inns shall: a. be licensed and inspected by the County Sanitarian as a hotel under Chapter 137C of the Code of Iowa; b. have nine (9) or less guest rooms. c. have a toilet and lavatory facilities for overnight guests, but separate toilet and lavatory facilities are not required for each guest room; d. be exempted from food service establishment licensing and regulations if food is served to overnight guests only; e. be licensed and inspected if the inn serves food to the general public, other than overnight guests, and must meet the requirements of the Food Service Ordinance to serve to the general public, except that a separate kitchen shall be required; and f. shall provide documentation that they are in compliance with the State Fire Code. 5.3 Day Care Day care homes with up to five (5) individuals may be permitted by right, and day care homes for six (6) to twelve (12) individuals may be permitted with a conditional use permit, in all agricultural and residential districts in conformance with the Code of Iowa and with the following requirements: A. General. 1. Applicant shall provide sufficient evidence that the proposed use will comply with all State and County regulations. 2. No identification from a public street by signage, graphics, display, or other visual means is allowed. 3. The Zoning Administrator may add additional conditions as necessary to protect the welfare of the neighborhood and adjacent properties, including a reduction in the maximum number of people to be cared for on-site to less than that allowed by state or federal regulations and/or requiring outdoor play space perimeter fencing. 4. An off-street passenger loading zone shall be provided for the safe delivery and pick-up of passengers. 5.4 Existing Farm Dwellings Nothing in this Code shall require any person or persons occupying a farm dwelling, principal or secondary, at the date of passage of this Code to vacate the dwelling or to involuntarily sever it from the remainder of the farm. If the dwelling is voluntarily severed from the farm in order to be used and maintained as a non-farm residence by the occupant or for sale or lease to others, it shall be surveyed and divided pursuant to the Code of Iowa and meet any applicable subdivision requirements OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

229 MONROE COUNTY UNIFIED DEVELOPMENT CODE of this Code, including, but not limited to meeting all side and rear setback requirements. The surveyed lot shall be no larger than necessary, with a minimum area of two (2) acres, to include the typical farm buildings and accessory work area. 5.5 Family/Group Home A family/group home, as defined by the Code of Iowa and in Chapter 10, may be operated in all residential zoning districts if a conditional use permit is granted. Family/group homes owned or operated by public or private agencies shall be dispersed throughout the community so that a distance of at least one thousand three hundred twenty (1,320) feet is maintained between each family/group home and any other family/group home. An elder home shall be considered a family/group home. 5.6 Gun Clubs, Firing Ranges, Skeet Shooting and Related Uses A. Firing Ranges. All firing ranges shall be authorized subject to the conditional use permit requirements established in Section 2.3.E and the requirements of this section. B. Indoor firing ranges. All indoor firing ranges and gun clubs shall be located at least five hundred (500) feet from any residential district or dwelling, within a completely enclosed structure designed to significantly prevent the escape of sound from the property. C. Outdoor firing ranges. All outdoor firing ranges: 1. Shall be located at least one thousand two hundred (1,200) feet from all property lines or any residential district, and on a site of at least ten (10) acres. 2. Shall comply with all state and NRA design standards and regulations. 3. A Type E Bufferyard as outlined in Chapter 6 shall be provided along all abutting property lines of outdoor facilities. 4. Hours of operation for outdoor facilities shall be determined by the Board of Adjustment. 5.7 Home Occupations (Amended Effective 2/21/2012) A. Purpose. 1. To permit and regulate the conduct of home occupations as a secondary use to a dwelling unit, whether owner or renter occupied, but with the property owner's consent; 2. To ensure that such home occupations are compatible with, and do not have a harmful effect on nearby residential properties and uses; 3. To adequately protect existing residential neighborhoods from dust, odors, noise, traffic and/or other potentially adverse effects of home occupations; 4. To allow residents of the community to use their homes as a work place and a source of livelihood, under certain specified standards, conditions and criteria; 5. To enable the fair and consistent enforcement of these home occupation regulations; and 6. To promote and protect the public health, safety and general welfare. B. Generally. No home occupation, except as otherwise provided herein, shall be initiated, established, or maintained in the County except in conformance with the regulations, administrative procedures and standards set forth in this Section. The applicant shall apply for a home occupation permit and pay the fee as established by a resolution of the Board of Supervisors. And shall be subject to a review every second year thereafter. Monroe County shall contact the home occupation permit holder(s) for the review process and collect the applicable fee. The Zoning Administrator may require an inspection prior to issuing a home occupation permit. Home occupations that are more intensive shall be known as a home industry and shall be permitted in conformance with Section 5.8 of this Chapter. C. General Performance Standards. Home Occupations are authorized in an A-1, A-2, R-1or R-S districts if they comply with the performance standards set forth herein. 1. No retail sales shall be allowed, except those approved by conditional use as authorized in Chapter 2, Section 2.3E and also as authorized in D.3. of this section. 2. Incidental retail sales will be allowed not exceeding the lesser of 200 square feet or ten (10) percent of the floor area of the home or accessory structure used for the home occupation. 3. The location of operations must be located in a residence or accessory structure. 4. Customer hours shall be limited to the hours between 7:00 a.m. to 7:00 p.m. 5. Shipping deliveries by common carrier delivery companies (excluding U.S. mail) are limited to two (2) per day. 6. Excluding common carrier delivery companies vehicles allowed in Section 5.7.C.4, no vehicle requiring a Class A or Class B operator license by the State of Iowa shall be used in conjunction with a home occupation. 7. Up to three (3) non-resident on-site employees are allowed. 8. Home Occupations shall only be operated by a full-time resident of the property. OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

230 MONROE COUNTY UNIFIED DEVELOPMENT CODE 9. The home in which the occupation occurs shall maintain a residential appearance. The outside appearance of the residence shall not be modified to call attention to the home occupation. Home Occupations may be conducted in an accessory building on the premises. 10. No outdoor storage of materials or equipment used in the home occupation shall be permitted. 11. Home Occupations shall not include the use or storage of tractor-trailers, semi-trucks or heavy equipment such as construction equipment. 12. Signage shall comply with the provisions of Chapter 7 of this Code. 13. Noise levels from the home occupation, shall not exceed a level generally accepted by that area. 14. The applicant for a home occupation shall demonstrate that public facilities and utilities are adequate to safely accommodate the home occupation and will be inspected and permitted, if required, by the County Sanitarian. 15. Off-street parking spaces shall be provided as required for the residential use, plus one (1) space for each allowed employee and one space for each client allowed to visit at a given time. 16. Storage of dangerous, combustible or volatile materials used in conjunction with the home occupation shall not be permitted in residential dwellings. 17. Small animal grooming and training as a business is allowed, but boarding of animals is prohibited. 18. More than one (1) home occupation is allowed per property; however, the sum of the total area, signage, parking and employee limitations of the property shall not exceed the limitations set by this Code for a single home occupation. D. A-1 and A-2 District Performance Standards. The following home occupation criteria apply within A-1 and A-2 districts in addition to the general performance standards in section 5.7.C. 1. Client Vehicle Limitation. No more than an average of three (3) client vehicles at a time with a maximum of eight (8) visits per day. 2. The maximum area for a home occupation is two thousand five hundred (2,500) square feet. (Note: If the applicant requests square footage greater than two thousand five hundred (2,500) square feet, the applicant shall apply for a variance as outlined in Chapter 2.) 3. Retail sales of goods produced on the premises may be authorized through the conditional use permit process as authorized in Chapter 2, Section 2.3.E and shall also be subject to the following criteria: a. The site shall abut directly on a paved road; b. The site shall have direct access on a paved road; c. On-site parking areas and driveways shall be paved or gravel and treated to control dust if the areas are adjacent to an off-site residence or R-1 zoning district. d. Adequate sanitary facilities shall be provided to satisfactorily support all authorized employees and customers as permitted and inspected by the County Sanitarian. e. All required federal, state and local licenses and permits shall be secured and maintained. E. R-1 and R-S District Performance Standards. The following home occupation criteria apply within R-1 or R-S Districts in addition to the general performance standards in section 5.7.C. 1. Client Vehicle Limitation. No more than an average of two (2) client vehicles at a time with an average of five (5) client visits per day. 2. The maximum area in R-1 or R-S district is two thousand five hundred (2,500) square feet. In the R-1 or R-S district no increase in size shall be permitted under any circumstances. 3. Home Occupations shall not include the use or storage of tractor-trailers, semi-trucks or heavy equipment such as construction equipment. F. Exempt Home Occupations. The following home occupations shall be subject to all applicable home occupation regulations and standards of this Section, but shall not be required to obtain a home occupation permit, if all persons engaged in such activities live on the property and the following conditions are met: 1. artists, sculptors, composers not selling their artistic product to the public on the premises; 2. craft work, such as jewelry-making and pottery with no sales permitted on the premises; 3. home offices with no client visits to the home permitted; 4. telephone answering and message services without non-resident employees. 5. day care for five (5) or fewer children, other than the occupants own children. G. Non-Conforming Home Occupations. All existing home occupations which are either expressly prohibited or which are not in conformity with Chapter 4 of this Code shall be removed or modified to become conforming. H. Unsafe Home Occupations. If in the opinion of the Zoning Administrator, any home occupation has become dangerous or unsafe, or presents a OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

231 MONROE COUNTY UNIFIED DEVELOPMENT CODE safety hazard to the public, pedestrians or motorists, or presents a safety hazard to adjacent or nearby properties, residents or businesses, the Zoning Administrator shall issue an order to the dwelling owner and/or tenant on the property on which the home occupation is being undertaken directing that the home occupation be immediately made safe or be terminated. The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Zoning Administrator shall take any action to make the home occupation and dwelling safe. Costs incurred by the Zoning Administrator, if forced to take enforcement actions, shall be borne by the property owner and, shall be treated as a zoning violation pursuant to Chapter 9 of this Code. 5.8 Home Industry (Amended Effective 2/21/2012) A. Purpose. 1. To permit and regulate the conduct of home industry as a secondary use to a dwelling unit, owner, or renter occupied; 2. To ensure that such home industries are compatible with, and do not have a harmful effect on, nearby residential properties and uses; 3. To adequately protect existing residential neighborhoods from dust, odors, noise, traffic and/or other potentially adverse effects of home industries; 4. To allow residents of the community to use their homes as a work place and a source of livelihood, under certain specified standards, conditions and criteria; 5. To enable the fair and consistent enforcement of these home industry regulations; and 6. To promote and protect the public health, safety and general welfare. B. Generally. No home industry, except as otherwise provided herein, shall be initiated, established or maintained in the County except in conformance with the regulations, administrative procedures and standards set forth in this Section. The applicant shall apply for a home industry permit and pay the fee as established by a resolution of the Board of Supervisors. And shall be subject to a review every second year thereafter. Monroe County shall contact the home industry permit holder(s) for the review process and collect the applicable fee. The Zoning Administrator may require an inspection prior to issuing a home industry permit. C. Performance Standards. Home industries are authorized in the A-1 and A-2 districts if they comply with the performance standards set forth herein. 1. The minimum parcel size shall be five (5) acres unless the home industry was previously permitted as a legal and lawful home industry on a smaller parcel. 2. The location must be located in a residence or accessory structure. 3. In A-1 and A-2 districts, limitation of an average of five (5) client vehicles at a time with a maximum of ten (10) client visits per day. 4. Customer hours shall be limited to the hours between 6:00 a.m. to 9:00 p.m. 5. Shipping deliveries by common carrier delivery companies (excluding U.S. mail) are limited to three (3) per day. 6. Excluding common carrier delivery company s vehicles allowed in section 5.8.C.5, no vehicle requiring a Class A operator license by the State of Iowa shall be used in conjunction with a home industry. 7. The maximum area for a home industry is three thousand (3,000) square feet. 8. Up to six (6) non-resident on-site employees are allowed. 9. Home industries shall only be operated by a full-time resident of the property. 10. The home in which the home industry occurs shall maintain a residential appearance. The outside appearance of the residence may not be modified to call attention to the home industry. Home industries may be conducted in an accessory building on the premises. 11. No outdoor storage of materials or equipment used in the home industry shall be permitted except in conformance with the following standards: a. For contractors shops or small equipment and vehicle repair outdoor storage of up to two (2) operable vehicles with valid license and registration is allowed, provided that they are parked behind the front building line. Up to two (2) additional vehicles or pieces of small equipment may be stored outside subject to the Zoning Administrator s approval of a site plan showing that the storage area for all vehicles used in conjunction with the home industry is behind the front building line and is screened from view from the street and from adjacent residences. b. Products produced in the home industry may be stored behind the structure used for the home industry provided that the storage area shall OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

232 MONROE COUNTY UNIFIED DEVELOPMENT CODE be screened by solid or opaque screening. The screening shall be approved by the Monroe County Zoning Administrator. 12. Signage shall comply with the provisions of Chapter 7 of this Code. 13. The applicant for a home industry shall demonstrate that public facilities and utilities are adequate to safely accommodate the home industry and shall be inspected and permitted, if required, by the County Sanitarian. 14. Off-street parking spaces shall be provided as required for the residential use, plus one (1) space for each allowed employee and one (1) space for each client allowed to visit at a given time. 15. Storage of dangerous, combustible or volatile materials used in conjunction with the home industry shall not be permitted in residential dwellings. 16. Noise level from the home industry shall not exceed a level generally accepted by that area. 17. More than one (1) home industry is allowed per property; however, the sum of the total area, signage, parking and employee limitations of the property shall not exceed the limitations set by the Code for a single home industry. 18. Home industries involving the raising, boarding or treatment of animals are allowed. D. Non-Conforming Home Industries. All existing home industries which are either expressly prohibited or which are not in conformity with Chapter 4 of this Code shall be removed or modified to become conforming. E. Unsafe Home Industries. Any home industry that has become dangerous or unsafe, or presents a safety hazard to the public, pedestrians or motorists, or presents a safety hazard to adjacent or nearby properties, residents or businesses, the Zoning Administrator shall issue an order to the dwelling owner and/or tenant on the property on which the home industry is being undertaken, directing that the home industry be immediately made safe or be terminated. The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Zoning Administrator shall take any action to make the home industry and dwelling safe. Costs incurred by the Zoning Administrator, if forced to take enforcement actions, shall be borne by the property owners and shall be treated as a zoning violation pursuant to Chapter 9 of this Code. 5.9 Manufactured Home Subdivision A manufactured home subdivision may be permitted as a Planned Unit Development as outlined in 2.3.D and the maximum density of a subdivision shall not exceed eight (8) manufactured homes per acre. The following standards shall also apply: A. All manufactured home spaces shall abut on a hardsurfaced roadway of not less than twenty-six (26) feet in width which shall be adequately lighted and drained and shall have unobstructed access to a paved public street or highway. B. No manufactured home or structure shall be closer than twenty-five (25) feet to any property line of the manufactured home park nor closer than twenty (20) feet to another manufactured home or any building in the park except where manufactured homes are parked end to end, the end clearance shall be at least fifteen (15) feet. C. No additions shall be built onto any manufactured home other than a porch or entry-way. Such porch or entry way shall be at least fifteen (15) feet from the nearest manufactured home. D. All buildings and manufactured homes within the subdivision shall be served with community or municipal water supply and sewage disposal systems approved by the County and State Health Departments. E. Two (2) off-street parking spaces shall be provided for each manufactured home site and one (1) space for every fifty (50) square feet of floor area in administration and service buildings. F. All manufactured homes shall be skirted and anchored in a manner approved by the Zoning Administrator. G. Approval Criteria. The Zoning Commission and the Board of Supervisors shall evaluate the following: 1. The effect of the proposed manufactured home subdivision on adjacent property values. 2. The consistency and compliance of the proposed manufactured home park with the provisions of applicable County and State regulations. 3. The suitability of the site for the proposed use with special attention given to topography, subsurface conditions and the availability of necessary utility service. 4. The relationship of the population density resulting from the proposed manufactured home subdivision and the public interest. 5. The use of sound planning and engineering practices regarding transportation, water and sewerage. 6. The availability of access from existing highways and the nature of the altered traffic pattern resulting from the manufactured home subdivision. OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

233 MONROE COUNTY UNIFIED DEVELOPMENT CODE 7. The availability of adequate public facilities: schools, police protection, fire protection and other public services. H. In the event of approval, the Zoning Commission and Board of Supervisors shall specify appropriate conditions and safeguards to protect the character of existing and future development of adjoining properties as well as the manufactured home park Multi-Family Residential Development A. Multi-Family Buildings. Multi-family buildings shall be separated by a minimum of fifteen (15) feet. No multi-family building shall be located within fifty (50) feet of the front or rear wall of another residence as measured perpendicular from that wall. B. Private Open Space. 1. A minimum of two hundred (200) square feet of usable common open space shall be provided for each multi-family dwelling unit to provide for active recreational needs of residents. Usable open space excludes parking areas, required landscape areas, land within a floodway, water bodies, and land with steep slopes. Open space shall be accessible to all residents of the development and measure at least thirty (30) feet across its narrowest dimension. 2. The Zoning Administrator may waive up to 50% of the open space requirement if the development satisfies one of the following criteria: a. All units are located within one thousand (1,000) feet of a public park as measured along a public sidewalk, trail or bikeway; or b. The development includes active recreation amenities for residents such as pools, tennis courts or playgrounds Mining, Quarries and Mineral Processing Extraction A. Applicability. Mining, mineral extraction and quarry operations and activities may be permitted with the approval of a conditional use permit to allow such uses in the A-1, A-2, and I-2 districts. Mineral processing may be permitted with the approval of a conditional use permit to allow such uses in the A-1, A-2, and I-2 districts. B. Application. The conditional use permit application shall include, at a minimum, the following information in addition to that required under Chapter 2.3.E. 1. Plan for staged extraction; 2. Plan for blasting; 3. Plan for reclamation; 4. Plan for transporting materials to and from the site; 5. Plan for reuse of the land affected by the application; and 6. Evidence of compliance with applicable Federal and State regulations. C. Bond Required. The applicant shall post a bond with the Monroe County Auditor to assure the County that the restoration for reuse, as provided in the approved plan for reclamation, shall be completed by the developer within one (1) year of discontinuance of the extraction activities specified in the approved plan. The amount of the bond shall not be less than the estimated cost of the restoration, and the amount of the estimate shall be approved by the County Engineer. In no case shall the amount be less than three thousand dollars ($3,000) per acre. Such bond shall be approved as to form and legality by the County Attorney and shall be secured by an insurance company licensed in the State of Iowa, or be a cash escrow, or be an irrevocable letter of credit from an approved lending institution. If the restoration is not completed within the specified time, the County may use the bond or any portion of it to complete the restoration. Bond requirements may be waived or modified if the applicant can demonstrate that bonding under compliance with Chapters 207 and 208 of the Code of Iowa will be sufficient to ensure restoration of the site. D. Minimum Setbacks. To mitigate the negative impacts of mining, mineral processing extraction and quarry operations upon human life and abutting property, downstream residential uses, waterways, streams or drainage channels and environmentallysensitive lands, the mining, mineral processing extraction and quarry operations shall be set back two hundred (200) feet from all property lines and street lines, except that such operations shall be set back a minimum of one thousand (1,000) feet from any residence, residential district, school or park. The setback requirement may be reduced on the sides adjacent to roadways if the Board of Supervisors determines that such a reduction will not be detrimental to the public health, safety or welfare. Additionally, the Board of Adjustment may recommend, and the Board of Supervisors may approve, a reduction of the required setback, provided the applicant provides a landscape buffer that forms an opaque landscape screen. However under no circumstances shall the distance be less than two hundred (200) feet. An opaque landscape screen shall consist of a berm of not less than four (4) feet in height and a combination of evergreen trees and shrubs planted at sufficient densities to create an opaque screen of ten (10) feet in height within three (3) years of planting. E. Performance Standards. 1. Drainage Plan. The site plan shall show OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

234 MONROE COUNTY UNIFIED DEVELOPMENT CODE graphically and in writing plans to prevent stormwater runoff from entering streams, drainage channels, waterways and environmentally-sensitive lands. 2. Disposal of Refuse and Water-Carried Wastes. The site plan shall show graphically and in written detail the methods to be employed to dispose of refuse and water waste. 3. Nuisance Mitigation. The applicant shall state in writing and show graphically in the site plan, as applicable, methods that will be employed to assure that obnoxious or offensive odors, dust, smoke, gas, noise or similar nuisances will not be emitted beyond the property boundaries of the mine, quarry or mineral extraction operation. 4. Fencing, Buffering and Landscaping. A Type E bufferyard as defined in Chapter 6 of the Code forty (40) feet in width shall be provided to protect the public and property, minimize nuisances and ensure safety and limit hazards. 5. Access. All mining, mineral processing, extraction and quarry operations shall have direct access to a paved arterial road, except that the Board of Supervisors may approve alternative access when the applicant agrees to enter into a development agreement providing for the additional improvements and maintenance necessary to meet the demands generated by the site. Heavy equipment storage areas may be gravel, but driveways providing access to operations and storage areas shall be paved. 6. Reclamation Plan. The application shall include a plan for site restoration, including methods to ensure financing of the restoration after a quarry ceases to operate. The reclamation plan shall include the following: a. Phasing and schedule of work to be conducted; b. Phasing and schedule of reclamation to be conducted; c. Materials to be used in the reclamation; d. The effect of the operations and reclamation on surface and subsurface hydrology and drainage patterns; e. A transportation study demonstrating truck routing and proposing mitigation measures for off site street damage and traffic impacts; f. A dust mitigation plan; g. Plans for future use of the land; and h. A discussion of how the proposed reclamation plan is consistent with the Master Plan. 7. Validity of Permit. The conditional use permit shall be valid for the period of time established by the Board of Adjustment. However, if the applicant violates any of the conditions applied to the use, the permit may be revoked after a public hearing before the Board of Adjustment. 8. Prohibited Activities. Extraction, movement, or stockpiling of mineral and aggregate resources or the disposal or storage of waste products within a required setback is prohibited. The tops and toes of cut and fill slopes shall remain outside the required setback. Structures, exterior storage, and parking areas for trucks or equipment are not allowed within the required setbacks. 9. Additional Documents or Information. The applicant shall be required to provide any additional information, documents or exhibits as required by the Zoning Administrator or deemed necessary or pertinent by the Board of Adjustment in the evaluation and review of the request Recreational Vehicle And Travel Trailer Parks Any person, firm or corporation may maintain, conduct or operate a recreational vehicle and trailer park (RV park) within an A-2 or (C) Commercial Service District following issuance of a conditional use permit and the following conditions; A. Required Plans. Each application for a conditional use permit from the Zoning Administrator shall be accompanied by a plot plan, road layout and plan of proposed sanitary facilities. B. Trailer Lot Dimensions, Setback. A trailer at any RV park shall not be parked within one hundred (100) feet from the ROW of any state or public highway or road. 1. Parking. a. The minimum size lot for each individual trailer shall be not less than forty (40) feet wide by sixty (60) feet deep. b. The minimum distance between pads shall be twenty (20) feet. 2. Roads within RV Park. All lots shall access an internal road of not less than twenty-six (26) feet in width. The roads shall be properly surfaced and maintained by the permittees with adequate surfacing, grading and drainage to prevent ruts, depressions and dust. Construction of all roads shall be approved by the County Engineer. 3. Water Supply. An adequate supply of potable water from a source approved by the County Sanitarian shall be provided to each space. 4. Sanitary and Sewage Facilities. a. A central sewage system or individual septic tanks shall be installed for restroom facilities and showers in conformance with local and state health codes. b. Adequately lighted and ventilated OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

235 MONROE COUNTY UNIFIED DEVELOPMENT CODE restrooms for each sex shall be provided within a distance of two hundred (200) feet of any space. c. Every restroom shall have a minimum of one (1) hand-washing facility. d. One shower shall be provided for every fifteen (15) trailer lots. e. The floors of all restroom facilities and showers shall be constructed and maintained in waterproof condition by using cement, concrete, tile or other type of waterproof material. 5. Garbage and Rubbish. A central collection point or disposal system shall be maintained subject to the approval of the County Sanitarian. a. Where a central system is not provided, metal or plastic containers with tight fitting covers, appropriately labeled, shall be provided by the permittee for garbage and rubbish. b. Where mixed collection is practiced, at least one (1) rubbish container shall be provided for every two (2) trailers or fractional part thereof. c. All containers for garbage and rubbish shall be emptied each day and refuse removed from the premises and disposed of in a sanitary manner approved by the County Sanitarian. 6. Grading and Drainage. All lots and abutting roads or driveways shall be kept free from heavy or dense growth of brush or weeds and from any poisonous or obnoxious weeds, and so graded as to insure rapid drainage. 7. Registration of Guests. A guest register shall be kept in the applicant s office. Upon arrival, the owner or person in control of the vehicle or vehicles and trailer, shall register his name and address and all persons using same, the date of arrival, the state vehicle license plate number and the name of the state issuing the license. The register shall be kept up to date on a daily basis indicating the population of the RV park and shall be available at all times for inspection by the Zoning Administrator, County Sanitarian or designees. 8. Limitation of Trailers. No person, firm or corporation permitted to operate an RV Park shall allow the parking of trailers to an excess of the number specified in the application and permit under which the RV Park is operated. 9. Temporary Habitation. Sites in a park shall be occupied only by camping units and tents suitable for temporary habitation and used for travel, vacation and recreation purposes. 10. Not Used As a Place of Permanent Habitation. No camping unit or tent shall be used as a permanent place of abode, dwelling or business, or for indefinite periods of time. Camping units or tents shall not be on the site, whether occupied or not, for no more than one hundred eighty (180) days during any twelve (12) month period except for a single residence of the RV Park supervisor or caretaker. 11. External Appurtenances. No permanent external appurtenances such as carports, decks, or patios may be attached to any recreational vehicle. 12. Removal of Wheels. Any action towards removal of wheels of a recreational vehicle, except for temporary purposes of repair, or placement of the unit on a foundation is prohibited. 13. Required Yard or Setback. Recreational vehicle sites and off-street parking spaces shall not be located within any required yard or setback. 14. No Parking, Loading in Public Street. In connection with use of any recreational vehicle park, no parking, loading or maneuvering incidental to parking or loading shall be permitted on any public street, sidewalk, required buffer, right-of-way, or on any public rounds, or on any private grounds not part of the park, unless the owner has given written permission for such use. Each park shall provide off-street parking, loading and maneuvering space located and scaled so that the prohibition above may be observed, and park owners shall be held responsible for violations of these requirements. 15. Necessary Access. All recreational vehicle parks shall be provided with safe and convenient vehicular access from an improved public street. It shall be the responsibility of the developer to provide the necessary access in all cases where there is no existing improved street or road connecting the park site with an improved existing public street or road. 16. Buffering. The RV Park shall have a Type E Bufferyard as defined in Chapter 6 of this Code between any parking area and an adjacent property Temporary Roadside Stands A. Applicability. Roadside stands are a permitted accessory use in any agricultural district and do not require a permit provided the property owner complies with the Performance Standards listed in this Section. B. Performance Standards: 1. Maximum size of roadside stand area: four hundred (400) square feet. 2. Minimum setback: twenty (20) feet from the OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

236 MONROE COUNTY UNIFIED DEVELOPMENT CODE right-of-way. 3. A minimum of six (6) off-street parking spaces shall be provided. 4. Temporary facility removed after thirty (30) days. 5. Temporary use acceptable for thirty (30) day intervals, maximum of ninety (90) days in a calendar year Salvage Yards A. Applicability. An applicant proposing to establish a salvage yard shall be required to obtain a conditional use permit in A-2, I-1, and I-2 zoning districts. A salvage yard shall not be located within a five (5) mile radius of any other lawfully-existing salvage yard in Monroe County. B. Bond Required. The Board of Supervisors may require the applicant to post a bond with the Monroe County Auditor to assure the County that the restoration for reuse, as provided in the approved plan, shall be completed by the developer within one (1) year of discontinuance of the salvage yard. The amount of the bond shall be not less than the estimated cost of the restoration, and the amount of the estimate shall be approved by the County Engineer. The form and legality of the bond shall be approved by the County Attorney and shall be secured by an insurance company licensed in the State of Iowa, or be a cash escrow, or be an irrevocable letter of credit from an approved lending institution. If the restoration is not completed within the specified time, the County may use the bond or any portion thereof to complete the restoration. C. Performance Standards. 1. Set-backs. No salvage materials shall be stored within one hundred (100) feet of any property line. 2. Compatibility. The proposed buildings or use shall be constructed, arranged and operated so as to be compatible with the character of the zoning district and immediate vicinity, and shall not interfere with the development and use of adjacent property. The proposed development shall not present an unsightly, obnoxious or offensive appearance to abutting or nearby properties. 3. Fencing and Buffering. An opaque fence, not less than eight (8) feet in height, shall surround all storage areas. Outside the fence, the applicant shall maintain a Type E bufferyard as defined in Chapter 6 of this Code of at least forty (40) feet in width. 4. Vehicular Circulation. Adequate access shall be provided to the site approved by the appropriate jurisdiction (County Engineer, IDOT, etc.) with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access. 5. Storage Yard Maintenance. a. Lot Surfacing. Driveways providing access from the right-of-way to the parking area shall be permanently paved in conformance with Chapter 6 of this Code. b. Items that cannot be reused shall be disposed of on a regular basis and shall not be allowed to collect on the premises. c. All tires not mounted on a vehicle shall be neatly stacked or placed in racks, in a covered area. If stacked, the stacks shall not be stacked over six (6) feet in height. d. No garbage or other foul smelling waste likely to attract vermin shall be kept on the premises. Gasoline, oil or other hazardous materials which are removed from scrapped vehicles or parts of vehicles kept on the premises shall be disposed of in accordance with applicable federal, state and local regulations. e. Firewood for home heating shall be exempted from the area or space limitation imposed for salvage material. 6. Nuisance Control. Weeds shall be cut or removed before they reach twelve (12) inches in height. Excessive dust, noise, vibration, smoke, fumes, odors or glare shall not be detected beyond the property lines. 7. Abandonment. The applicant shall provide a written statement that the area will be cleaned up to the satisfaction of the Zoning Administrator and County Sanitarian should the salvage yard be abandoned or moved in whole or in part. A salvage yard which remains idle or unused for a continuous period of one (1) year, whether or not fixtures or equipment are removed, shall constitute abandonment. The casual, intermittent, temporary or illegal operation of a salvage yard shall not be sufficient evidence to establish continuous use. If the owner fails to clean up and restore the salvage yard within one (1) year of cessation of operation or abandonment, the Zoning Administrator/Monroe County shall have the premises cleaned up and shall use the bond to pay for the costs of cleanup incurred by the County Single Family Residential Design Standards: Revised A. Applicability. The following regulations shall apply to all construction or placement of a single family dwelling, manufactured home or modular home in any district in Monroe County. OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

237 MONROE COUNTY UNIFIED DEVELOPMENT CODE B. Development Standards. 1. One (1) Residence Per Lot or Parcel. There shall only be one (1) residence allowed per lot or parcel, subject to adequate water and wastewater availability as provided in Chapter 8 of this Code. 2. Potable Water- Sanitary Facilities. All single family residences in Monroe County shall be connected to an adequate potable water supply and have a sanitary sewer as outlined in Chapter 8 of this Code and the Monroe County Board of Health Rules and Regulations with approval from the Monroe County Sanitarian. 3. (Pre-Hud) Mobile Home. No Pre-HUD mobile home shall be used as a permanent or temporary accessory dwelling in Monroe County. No Pre- Hud mobile home shall be allowed as an accessory building. 4. Accessory Building. Except as otherwise provided, in this section, no accessory building shall be allowed prior to the establishment of the primary residence. No modular or manufactured home shall be used as an accessory building. 5. Foundation. Unless otherwise provided by state law, all dwellings shall be attached to a permanent foundation. In the case of a manufactured or modular home a pier system may be used in lieu of a permanent foundation. In all instances, there should be no uncovered open areas except vents and crawl spaces. 6. Primitive Residence (Cabin). Primitive cabins shall be allowed in A-1 or A-2 areas only. All primitive residences (cabins) shall have an outside privy constructed in accordance with the Monroe County Board of Health Rules and Regulations and approved by the Monroe County Sanitarian. 7. Manufactured Homes. a. All wheels, hitches, axles, transporting lights and removable towing apparatus shall be permanently removed prior to installation of the home. b. All manufactured homes shall be anchored to the foundation and shall comply with any requirements of the State. Anchors shall be marked so that after installation, the identification is in plain view for inspection. 8. Siding. a. The exterior material shall be of a color, material and appearance compatible with those of existing single-family dwellings including, but not limited to, the following: (1) residential horizontal aluminum lap siding; (2) residential horizontal vinyl lap siding; (3) cedar or other wood siding; (4) wood grain, weather resistant, press board siding; (5) brick, stone or masonry siding; or (6) other siding materials which are determined by the Zoning Administrator to be aesthetically compatible with the above-referenced materials. b. Flat or corrugated sheet metal shall not be used for exterior siding material. c. The exterior covering material shall extend to the top of the perimeter foundation. 9. Travel Trailers or Recreational Vehicles (RV s). Travel trailers or RV s shall not be permitted as a permanent residence in Monroe County. a. General: (1) Travel trailers are authorized if they comply with the applicable requirements of this section. (2) Travel trailers may not be parked on any street for more than twenty-four (24) hours. (3) No travel trailer may be occupied or stored on a lot in an agricultural or residential district unless it is road worthy and has a current license and registration. (4) Travel trailers shall not be permitted as permanent residence(s) in Monroe County. (5) The travel trailer shall be located outside of the required setback areas and parked on an approved pad site. The pad site must be level, well drained, at least twelve (12) feet wide by thirty (30) feet long, and surfaced with at least six (6) inches of compacted gravel, four (4) inches of concrete reinforced with 3/8 inch rebar, or two (2) inches of macadam on four (4) inches of compacted gravel. The travel trailer shall meet required setbacks when all slides, extensions and pop-outs are fully extended. (6) Any travel trailer that is not exempt from temporary use permit shall obtain a permit from the Zoning Administrator. a. A permit for the temporary travel trailer will be issued at a cost of $ b. The permit must be issued to the property owner(s) of the real estate; c. The current registration of the OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

238 MONROE COUNTY UNIFIED DEVELOPMENT CODE travel trailer to be placed shall be presented to the Zoning Administrator (Note the current license plate number AND the 911 address of the property will serve as the permit number); d. The permit shall be placed on the travel trailer so that it may be clearly visible from the road; e. The travel trailer shall meet the requirements of the County Sanitarian as outlined in the Monroe County Board of Health Rules and Regulations and Monroe County Ordinance 12; f. As part of the permitting process, both the property owner and the registered owner of the travel trailer must sign a notarized affidavit agreeing to abide by the conditions of the permit and other applicable requirements. g. The travel trailer shall be served by 100 amp electrical service and shall not use a generator for power except for emergency power supply when service to the subdivision is interrupted. b. Travel trailers located in a R-1 District may be used on a temporary basis if they meet and comply with the provisions of paragraph A of this section and the following criteria: (1) Only one (1) temporary travel trailer will be allowed for each permanent residence. (2) The property owner must own a minimum of two (2) adjoining lots or have sufficient area within the residential lot to park the travel trailer outside of the required building setback areas. In no case shall a travel trailer subject to a temporary use permit be parked in front of the primary residence. The travel trailer shall meet required setbacks when all slides, extensions and pop-outs are fully extended. (3) A temporary travel trailer may be placed for a period not to exceed one hundred twenty (120) calendar days. (4) Before a temporary travel trailer is placed, a temporary use permit shall be secured subject to the requirements of this code. (5) The permit will be issued for up to one hundred twenty (120) calendar days. When the permit is issued, the property owner is required to return the temporary permit at the end of the one hundred twenty (120) days. If not returned the Zoning Administrator shall charge a $25.00 re-inspection fee and pick up the temporary permit and administer enforcement as outlined in Chapter 9. There will be a system in place to track these permits. Only one (1) temporary permit will be allowed per calendar year. The cost for failure to return a temporary permit shall be paid prior to issuance of any additional permits for the lot or parcel. c. Travel trailers in a R-S District may be used on a seasonal basis subject to issuance of a temporary use permit in compliance with this code if they meet the provisions of paragraph A of this section and the following criteria: (1) One (1) travel trailer may be located on a lot as a primary or accessory use from the Friday at the beginning of Memorial Day weekend through Labor Day subject to issuance of a permit. Only one (1) permit is required per season, regardless of whether the travel trailer is removed from the site during the season. (2) One (1) travel trailer may be located on a lot on a temporary basis for up to four (4) weeks between Labor Day and Memorial Day weekend subject to issuance of a temporary use permit. Up to two (2) off-season permits may be issued for any lot or parcel between Labor Day and Memorial Day weekend in any year. If the applicant wishes to use the off-season permits to extend the season, the Zoning Administrator may note this on a single permit. (3) When a permit is issued, the property owner is required to return the temporary permit at the end of the permit period. If not returned the Zoning Administrator shall charge a $25.00 re-inspection fee, pick up the temporary permit and administer enforcement as outlined in Chapter 9. There will be a system in place to track these permits. The cost for failure to return a seasonal or off-season permit shall be paid prior to issuance of any additional permits for the lot or parcel. 10. More Than One Lot Used for Set-Backs. In R-1 and R-S areas where more than one (1) lot is used and developed to meet minimum required setbacks when obtaining a zoning placement permit a notarized affidavit will be signed by the property owner with assurances that the property owner will maintain the lots OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

239 MONROE COUNTY UNIFIED DEVELOPMENT CODE as one (1) parcel to preserve the setbacks established and recorded in the Office of the Recorder. 11. Floor Area. A dwelling unit shall not be less than six hundred forty (640) square feet and at least 75% of its narrow dimension shall have a minimum width of twenty (20) feet. In the R-S District, the minimum square footage for a dwelling unit is three hundred fifty (350) square feet and the narrowest horizontal dimension shall be twelve (12) feet. For the purposes of this section the floor area square footage shall be based on the exterior main level dimension Solid Waste Disposal A. Applicability. An applicant proposing to establish a solid waste disposal facility, as defined in Chapter 10, shall be required to obtain a conditional use permit, in conformance with Section 2.3.E of this Code. A solid waste disposal facility shall be located only in the I-2 Heavy Industrial District. B. Procedure. The applicant shall follow the procedures stated in Section 2.3.E and also shall be required to provide additional information as follows: 1. Evidence that the proposed site meets or exceeds all requirements for such activities as regulated by the Iowa Department of Natural Resources. 2. Evidence that any additional permits required for solid waste disposal and land filling have been obtained from the appropriate county and/or state officials and compliance with the requirements of the Iowa Department of Natural Resources as provided for in Chapter 455B of the Code of Iowa has been achieved. C. Performance Standards. 1. Minimum Setbacks. All landfill activities shall be set back at least one hundred (100) feet from all property lines. No such activity shall be authorized within two thousand six hundred forty (2,640) feet of a residence or residential district. 2. Compatibility. The proposed solid waste disposal activities shall be arranged and operated to be compatible with the character of the abutting zoning district(s), and shall not interfere with the development and use of adjacent property. 3. Fencing and Buffering. An opaque fence, not less than eight (8) feet in height, shall surround all storage areas. Outside the fence, the applicant shall maintain a Type E bufferyard as outlined in Chapter 6 of this Code of at least forty (40) feet in width. 4. Vehicular Access and Circulation. The development shall provide a paved driveway from the street into the site. Traffic control and emergency access shall be provided on site. 5. Any Other Documents, Information or Exhibits. The applicant shall be required to provide any additional information, documents or exhibits as required by the Zoning Administrator or deemed necessary or pertinent by the Board of Adjustment in the evaluation and review of the request. Also, the applicant may provide additional information that the applicant feels is pertinent to or would be helpful to the Board of Adjustment regarding the request Storage/Mini Warehouses A. Applicability. Storage or mini warehouse facilities may be permitted in commercial districts and shall be required to obtain a conditional use permit in an A-2, R-1, R-S, or I-1 district. All facilities shall comply with the conditions established in this section. B. Bufferyards. A Type C Bufferyard as outlined in Chapter 6 of this Code shall be provided adjacent to any residential district. C. Commercial Activity Prohibited. The sale of goods or merchandise from or at a storage unit is prohibited. D. Accessibility. Vehicular ingress-egress shall provide for safe access by customers and emergency vehicles. Access aisles within the site shall be a minimum of twenty (20) feet wide. E. Height. Building height shall not exceed eighteen (18) feet Swap Meets and Flea Markets A. Accessibility. Swap meets and flea markets shall be accessible from a collector or arterial street. B. Consent. The event shall be conducted with the consent and approval of the property owner. Any temporary structure used shall be promptly removed upon the cessation of the event. C. Signage. No more than one (1) banner shall be displayed, and shall be displayed for a maximum of fifteen (15) days. All other signage requirements are subject to Chapter 7 of this Code. D. Adequate Parking. Adequate off street parking will be required Telecommunication Towers and Antennas A. Purpose. To establish general guidelines for the siting of towers and antennas for commercial wireless telecommunications as provided for in the Federal Telecommunications Act of 1996 and any OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

240 MONROE COUNTY UNIFIED DEVELOPMENT CODE other communication towers which meet the structural criteria listed in this Code. B. Permitted Locations. Telecommunication towers may be permitted as a conditional use in the Agricultural, Commercial and Industrial Zoning Districts. Telecommunication towers are not permitted in residential zoning districts. C. Application Requirements. The applicant for a conditional use permit for construction of a telecommunications tower or placement of a commercial telecommunications towers on an existing structure other than a tower previously permitted shall file an application with the Zoning Administrator. The application shall include the following documents: 1. A site plan, drawn to scale, identifying the site boundary; tower location; tower height; guy wires and anchors; existing and proposed structures including accessory structures; photographs or elevation drawings depicting design of proposed structures, parking, fences and landscape plan; and existing uses on adjacent parcels. A site plan is not required if an antenna is to be mounted on an approved existing structure; 2. A current map showing locations of the applicant's antennas, facilities, existing towers and proposed towers which are reflected in public records, serving any property within the County; and 3. A report from a structural engineer containing the following: a. A description of the tower, including a description of the design characteristics and material; b. Documentation to establish that the tower has sufficient structural integrity for the proposed uses at the proposed location and meets the minimum safety requirements in Electronics Industries Association (EIA) Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures."; and c. The general capacity of the tower in terms of the number and type of antennas it is designed to accommodate. 4. Written authorization for the telecommunications tower application, if the applicant is other than the site owner; 5. Identification of the owners of all antennas and equipment to be located at the site; 6. Evidence that a valid Federal Communications Commission (FCC) license for the proposed activity has been issued; 7. Evidence that necessary Federal Aviation Administration (FAA) approval has been obtained; 8. A line-of-sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts (areas); 9. A written agreement to remove the tower and/or antenna within one hundred eighty (180) days after cessation of use; 10. Documentation that the proposed tower site and height have been approved by the appropriate Airport authority; and 11. Additional information as required to determine that all applicable conditions of this Code have been met. D. Applicable Conditions. Any applicant must show that all of the following applicable conditions are met: 1. Co-location. Prior to consideration of a permit for location on private property which must be acquired, documentation must be provided that the applicant contacted owners of all existing or approved towers within one-half (1/2) mile radius of the proposed new tower site, including county-owned property showing that available publicly-owned and available privately-owned sites are unsuitable for operation of the facility under applicable telecommunications regulations and applicant's technical design requirements. A separate tower is not allowed if a co-location can be found upon an existing or alternative tower structure which meets the engineering requirements of an applicants' cellular network or other broadcasting needs within a one-half (½) mile radius of the proposed new tower site. 2. Applicant must show that the new tower is designed to accommodate applicant's future demand for additional antennas. 3. Applicant must show that all applicable health, nuisance, noise, fire, building, and safety code requirements are met to include but not limited to: a. Environmental Impact Study (NEPA): Provide an environmental impact study (EIS) prepared by a qualified consultant for the project. b. Archaeology Study (SHPO): Provide an Archaeological study prepared by a Professional Archeologist for the project. 4. All towers and telecommunications facilities should be camouflaged and should be designed to blend into the surrounding environment. At a minimum, all towers not requiring Federal Aviation Administration (FAA) painting or markings shall have an exterior finish which is galvanized or painted dull blue, grey or black. 5. For telecommunication towers on County property, the applicant must file with the Monroe County Auditor and Zoning Administrator a written indemnification of the County and proof of liability insurance or other proof of financial ability to respond to OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

241 MONROE COUNTY UNIFIED DEVELOPMENT CODE claims up to $1,000, in the aggregate which may arise from operation of the facility during its life, in form approved by the County Attorney. This information shall be updated annually by the applicant. 6. Land use regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and all other general zoning regulations except setback and height shall apply to the telecommunications tower. 7. The setback on all sides of the telecommunication tower(s) shall be equal to or greater than the height of the tower and shall be measured from the base of the tower to the outside perimeter of the parcel that the tower is located on. 8. All towers shall be located a minimum distance of no less than one thousand three hundred twenty feet (1,320 ft) or ¼ (one-fourth) mile from any existing inhabited residence, school, hospital, church, public library, public building or structure other than those associated with the tower facility. 9. The base of any telecommunication(s) tower and/or equipment buildings shall be screened from view with an opaque solid screen fence a minimum of six (6) feet in height, or evergreen plantings around an unscreened fence. The evergreens shall reach a height of six (6) feet within three (3) years and shall be planted on five (5) foot centers. The fence and/or plantings shall be maintained and kept in good quality condition at all times. 10. Upon completion, a sign at the entrance to the tower site shall identify a name and phone number of whom to contact in case of emergency. E. Inspection. At least every twenty-four (24) months, every telecommunications tower shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of telecommunication towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection check list provided in the Electronics Industries Association (EIA) Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures." A copy of such inspection record shall be provided to the Zoning Administrator. F. Abandonment. In the event the use of any telecommunications tower has been discontinued for a period of one hundred eighty (180) consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the County Zoning Administrator. Upon such abandonment, the tower owner shall have an additional one hundred eighty (180) days within which to (1) reactivate the use of the tower, or (2) dismantle and remove the tower. If the tower is not dismantled and removed as required, the County may do so and assess the cost against the property for collection in the same manner as a property tax, pursuant to Section of the Code of Iowa Temporary Uses This section allows short-term and minor deviations from the requirements of the Code for uses which are truly temporary in nature, will not adversely impact the surrounding area and land uses, and which can be terminated and removed immediately. Temporary uses have no inherent rights within the zoning district in which they locate. A. Temporary Residence for Use During Construction. 1. No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed, except for a period not to exceed one (1) year during construction of the principal building. The use of a basement or cellar for a temporary residence shall require a temporary use permit. As part of the approval criteria for the temporary use permit, the applicant shall ensure that the safety standards have been met. The use of the basement or cellar shall terminate immediately upon issuance of a Certificate of Occupancy of the principal building. 2. Manufactured Home. Manufactured homes may be used for a residence while a permanent residence is being constructed. Manufactured homes may remain on the site until the completion of the construction, or for not more than eighteen (18) months, with an option of applying for an extension of up to six (6) months. The manufactured home shall be removed within one (1) month of completion of permanent residence. 3. Residential Sales Offices. Sales offices for major subdivisions or planned unit developments are allowed at the development site until 80% of the lots or dwelling units are sold. The temporary use permit shall be renewed each year with the Zoning Administrator. Use of the sales office for sites outside of the project is prohibited. B. Review Criteria for Exempt Temporary Uses. 1. Christmas tree sales shall be limited to a period of time not to exceed forty-five (45) days. This use may include a portable structure no larger than one hundred twenty (120) square feet or a recreational vehicle for use as a sales office that shall be removed at the end of the permitted period. 2. Garage sales, auctions and other selling of OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

242 MONROE COUNTY UNIFIED DEVELOPMENT CODE items from a site may occur for no more than three (3) consecutive days on four (4) different occasions during a calendar year. 3. Seasonal greenhouses that are accessory to an established business shall be limited to nonresidential zoned districts for a period of time not to exceed six (6) months per calendar year. A maximum of one (1) building shall be allowed and may cover a maximum of two thousand (2,000) square feet. The structure shall be portable and completely removed at the end of the permitted period. 4. Seasonal sale of agricultural products may be permitted in agricultural and non-residential zoned districts for a period of time not to exceed four (4) consecutive months per calendar year. A maximum of one (1) building or display booth shall be allowed and may cover a maximum of four hundred (400) square feet. The structure shall be portable and completely removed at the end of the period. Roadside stands shall comply with Chapter Fairs, carnivals and other major public gatherings may be permitted for up to nine (9) consecutive days at a site with an existing institutional use. Up to four (4) events may be allowed per calendar year. If the Zoning Administrator finds that access, parking or other facilities are inadequate then the Zoning Administrator may forward the application to the Board of Adjustment for final determination. 6. Natural Disasters and Emergencies. Temporary activities and structures needed as the result of a natural disaster or other health and safety emergencies are permitted for the duration of the emergency. 7. Special events and activities conducted on public property, such as school sites and County parks, shall be exempt from these requirements. 8. Travel trailer(s) located outside a travel trailer park, R-1 District or R-S District shall not be used as a place of human habitation for more than one hundred twenty (120) days in any twelve (12) month period, or it shall be classified as a mobile home. Monroe County shall not enforce temporary use permit requirements for a single travel trailer parked for two (2) or fewer nights on any lot or parcel in the R-1 or R-S Zoning Districts Hunting Preserves (Effective January 9, 2007) A. Applicability: All hunting preserves shall be authorized subject to the Conditional Use permit requirements established in Section 2.3.E and the requirements of this section and any other applicable codes, regulations and policies adopted by the County, State or Federal Government. B. Purpose: The purpose of this section is to regulate and permit the establishment or expansion of all hunting preserves located within the unincorporated area of Monroe County. C. Generally: No Hunting Preserve shall be initiated, established, maintained or enlarged in the County except in conformance with the regulations, administrative procedures and standards set forth in this section. The applicant shall apply for a Conditional Use Permit as established in Section 2.3.E and pay the fee established by resolution by the Board of Supervisors. D. Performance Standards: Hunting Preserves are authorized if they comply with the performance standards set forth herein and all requirements established in the Conditional Use Permit. 1. The proposed hunting preserve shall contain at least three hundred twenty (320) contiguous acres but shall not contain more than two thousand (2000) contiguous acres. A person may own or control by a written lease a portion of the proposed area but the lease shall be for a minimum of a five (5) year period from the date of the approval of the Conditional Use Permit. 2. The total area of all hunting preserves shall not exceed three percent (3%) of the total land area in the county. 3. At least two-thirds (2/3) of the area included in the Hunting Preserve shall be in an A-2 District. 4. Upon approval of a conditional use permit the applicant shall immediately construct and maintain boundary fences at least one thousand two hundred feet (1200) from the outside perimeter of the approved hunting preserve area. Said fence shall not be closer than one thousand two hundred feet (1200 ) to any established public roadway or residence. The boundary fence shall be constructed and maintained to adequately animal proof the required area. The preserve fencing shall be a minimum height of eight feet (8 ) above ground level. The fencing shall be inspected and approved by the Zoning Administrator or designee prior to certification. Follow-up fence inspections by the Zoning Administrator shall be allowed at any reasonable time by appointment or by providing the landowner or preserve registrant with at least forty-eight (48) hour notice. Boundary fence gates shall remain closed at all time except for preserve maintenance activity at which time no open gate shall be left unattended. OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

243 MONROE COUNTY UNIFIED DEVELOPMENT CODE 5. The game birds or ungulates released in the preserve shall not be detrimental to the other existing wildlife or environment. 6. The proposed hunting preserve shall not interfere with the normal activities of migratory birds or other wildlife. 7. All hunting preserves shall post and maintain boundary signs which meet the following specifications. One hundred sixty square inch (160) square-inch surface area; and Sign material of wood, steel, aluminum or heavy poly-plastic; and White/red color combination with the message Registered Hunting Preserve ; and Boundary sign shall be posted at each entrance and perimeter gate and at every boundary corner. 8. All hunting preserves shall allow all records be available for inspection by the Zoning Administrator or designee during any reasonable hours. 9. All hunting preserves shall keep their records and reports current and shall reflect a true and accurate account of registrant activities. 10. All hunting preserves shall notify the Zoning Administrator within thirty (30) days in writing if the operator ceases operation as a hunting preserve 11. All hunting preserves shall be reviewed annually (by March 31 of each year) to determine if they are in full compliance with all applicable County, State and Federal regulations. The Zoning Administrator or designee may request copies of all documents in regards to other County, State or Federal regulatory reporting requirements PERSONAL WIND ENERGY SYSTEM(S)(PWES): Effective:Dec. 28, 2010 DEFINITION: A Personal Wind Energy System (PWES) is defined as a wind energy system, which has a rated capacity of 100 kw or less; shall be limited to one for each property; and is used exclusively to supply electrical power for on-site use for no more than one (1) dwelling and the associated accessory structure(s), except that excess electrical power generated by the PWES and not needed for on-site use may be used by the utility company. SPECIAL EXEMPTION: Small wind energy systems of less than 20 kw and are mounted on a structure other than a free standing tower are eligible for a special exemption and are not subject to the rules and regulations set forth in the Unified Development Code. A. Applicability: All PWES shall be authorized subject to the requirements established in Section 2.2A (Zoning Placement Permits) and the requirements of this section, the Monroe County Unified Development Code and any other applicable codes, regulations and policies adopted by the County, State or Federal Government. B. Purpose: The purpose of this section is to preserve and protect public health, safety and welfare without significantly increasing the cost or decreasing the efficiency of a PWES by establishing general guidelines and regulations for the siting of all PWES proposed after the effective date of the adoption of this code and located within the un-incorporated area of Monroe County. C. Construction: No PWES or Turbine shall be constructed, erected, converted, installed, reconstructed, enlarged, located, relocated, structurally altered or otherwise developed including the placement of additional buildings and appurtenances without obtaining a zoning placement permit and being in full compliance with the terms of this section and the Monroe County Unified Development Code and any other applicable codes, regulations and policies adopted by the County, State or Federal Government. D. Permitted Locations: Personal Wind Energy Systems (PWES) shall be permitted in an Agricultural, Residential and Commercial Zoning Districts. PWES shall be prohibited in an Industrial Zoning District. E. Application Requirements: The applicant for placement and construction of a PWES shall file an application with the Zoning Administrator accompanied by the filing fee as set forth in the Resolution Establishing Zoning Fees. The application shall include the following information and documents: 1. Applicant Information: Name, address and telephone number of the applicant. 2. Application Authority: Evidence that the applicant is the owner of the property or written approval of the property owner authorizing the applicant to make the application for the PWES. 3. Legal Description: Complete legal description and address of the project. 4. Detailed Description of the Project: A description of the project including specific information on the type, size, height, rated power output, performance, safety, and noise characteristics of PWES and the diameter and material of the rotor. OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

244 MONROE COUNTY UNIFIED DEVELOPMENT CODE 5. Site Plan: A site plan drawn to scale; prepared and stamped by a qualified, licensed professional engineer with the following items clearly outlined: a. Property lines and physical dimensions of the property; b. Location and height of the proposed PWES; c. Location of all existing structures including accessory structures; d. The right-of-way of any public road that is contiguous with the property; e. Any overhead utility lines; f. Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed); g. Tower foundation blueprints or drawings; h. Tower blueprint or drawing; 6. Analysis: An engineering analysis of the tower showing compliance with the applicable regulations and certified by a qualified licensed professional engineer. This analysis is frequently supplied by the manufacturer. 7. FAA Notification: A copy of written notification to the Federal Aviation Administration (FAA) and their approval of the project. 8. Utility Notification: Utility interconnection data and a copy of a written notification to the utility of the proposed interconnection. 9. Flood Plain: All applications shall be accompanied by a detailed report which shall address the potential for wind erosion, water erosion, sedimentation and flooding, and which shall propose mitigation measures for such impacts if located within a flood plain area. 10. Additional Information: Any other additional information as required by the Zoning Administrator to assist in the approval process. F. Applicable General Requirements: Any applicant for Personal Wind Energy System(s) (PWES) must show that all of the following applicable requirements are met: 1. Placement: No more than one (1) PWES shall be installed on any lot that is used for residential purposes or that is located in a residential zoning district. Also, a PWES shall be located entirely in the rear yard in a residential zoning district. 2. Set Backs: The base of the structure of the PWES (as measured from the base of the pole) shall be set back from all property lines and road easements a minimum distance equal to the height of the tower including rotor and/or blades when at their highest point. All other structures shall comply with the applicable setbacks as set forth by the applicable zoning district. 3. Color and Finish: PWES shall remain painted or finished as applied originally by the manufacturer, but shall be a nonreflective color. 4. Tower Configuration: All wind turbines, which are part of a PWES, shall be installed with a tubular monopole type tower. 5. Maximum Height: There is no maximum height limit. 6. Lighting: PWES sites shall not be artificially lit, except to the extent required by the Federal Aviation Administration (FAA) or other applicable authority. Lighting intensity and frequency of strobe shall adhere to but not exceed requirements established by the FAA permits and regulations. 7. Signage: All signs, other than the manufacturer s or installer s identification, appropriate warning signs, or owner identification on a wind generator, tower building, or other structure(s) associated with a PWES shall be prohibited. 8. Electrical Wires: All electrical wires associated with a PWES, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground. 9. Minimum Ground Clearance: The ground clearance for rotors or blades shall be no less than fifteen feet (15 ) or onethird (1/3) the height of the tower, whichever is greater. 10. Signal (Electromagnetic) Interference: The PWES applicant shall not cause vibration perceptible beyond the property on which it is located. The PWES shall also minimize and mitigate any interference with communication facilities, such as radio, cell tower systems, television, microwave, navigational etc. The owner of the PWES shall take necessary corrective action to eliminate this interference, including relocation or removal of the PWES, subject to the approval of the appropriate approving authority. The permit may be OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

245 MONROE COUNTY UNIFIED DEVELOPMENT CODE revoked if electromagnetic interference from the PWES becomes evident and not resolved. 11. Emergency Communications: No PWES shall be constructed in a manner which will interfere with emergency communication transmissions of the County. The applicant shall provide documentation from the County Sheriff to verify that said wind turbine will not create such interference. Any cost incurred in the process of certifying that the Personal Wind Turbine Generator and associated equipment will not interfere with emergency communication transmissions shall be at the applicant s expense. 12. Federal Aviation Administration (FAA): All PWES shall comply with FAA regulations, standards and permits, including but not limited to any necessary approvals for installation close to airports. 13. Electrical Codes and Standards: All PWES and accessory equipment and facilities shall comply with the National and State Electrical Code(s) and other applicable standards. All applications shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This information is frequently supplied by the manufacturer. 14. Utility Notification: No PWES shall be installed until evidence has been given that the utility company has been informed of the customer s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. 15. Utility Interconnection: PWES systems that connect to the electric utility shall comply with the Iowa Utilities Board (IUB) adopted rules for interconnection standards. 16. Compliance with Noise Regulations Required: A PWES permit shall not be granted unless the applicant demonstrates that the proposed project complies with all noise ordinances and/or regulations. 17. Noise Standards: Audible noise due to PWES site(s) operations shall not exceed fifty (50) dba for any period of time as measured from the property line. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms. a. In the event audible noise due to PWES operations contains a steady pure tone, such as a whine, screech, hum or repetitive impulsive sounds, the standards for audible noise set forth in this section shall be reduced by five (5) dba. b. Any noise level falling between two whole decibels shall be the lower of the two. 18. Avoidance and Mitigation of Damages to Public Infrastructure: Applicants shall identify all roads to be used for the purpose of transporting PWES(s), substation parts, concrete etc., and/or equipment for construction, operation or maintenance of the PWES(s) and obtain applicable weight and size permits from the appropriate authorities prior to construction. 19. Inspection: At least every twenty-four (24) months, every PWES shall be inspected by a certified structural engineer who is regularly involved in the maintenance, inspection and/or erection of Wind Turbines. A copy of such inspection record shall be provided to the Zoning Administrator. 20. Safety: The following safety measures shall apply to all PWES. a. All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. b. The tower shall be designed and installed to provide step bolts or a ladder readily accessible to the public at least a minimum height of eight (8) feet above the ground. 21. Abandonment: A PWES shall be considered an abandoned use if the system is out of service or otherwise unused for a continuous one (1) year period. a. If the PWES is considered abandoned the zoning administrator may issue a Notice of Abandonment to the owner of the personal wind energy system(s). The owner shall have the right to respond to the Notice of Abandonment within thirty (30) days from the date of the notice. The OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

246 MONROE COUNTY UNIFIED DEVELOPMENT CODE Zoning Administrator shall withdraw the Notice of Abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the personal wind energy system has not been abandoned. b. If the PWES is determined to be abandoned, the owner of the personal wind energy system shall remove the PWES, supporting equipment and all accessory buildings at the owner s sole expense within three (3) months of receipt of Notice of Abandonment. If the owner fails to remove the PWES, supporting equipment and all accessory buildings to the approval of the Zoning Administrator or the Zoning Administrator s designee, the County may do so and assess the cost against the property for collection in the same manner as a property tax, pursuant to Section of the Code of Iowa COMMERCIAL WIND ENERGY SYSTEM(S) CWES Effective:December. 28, 2010 DEFINITION: A Commercial Wind Energy System (CWES) is defined as one or more wind energy system(s) of greater capacity than 100 kw and/or whose primary function is to generate power for offsite consumption. CWES shall include but are not limited to Commercial Wind Turbine generators, operations and maintenance buildings, meteorological towers, electrical collector systems, communications, roads and substations. And where CWES is written it is assumed to be inclusive of (MET) Meteorological Towers, where applicable. A. Applicability: All Commercial Wind Energy Systems shall be authorized subject to the requirements established in Section 2.2A (Zoning Placement Permits) and Section 2.3.E (Conditional Use Permits) as applicable AND the requirements of this section, the Monroe County Unified Development Code and any other applicable codes, regulations and policies adopted by the County, State or Federal Government. B. Purpose: The purpose of this section is to preserve and protect public health, safety and welfare by establishing general guidelines and regulations for the siting of all Commercial Wind Energy Systems (CWES) proposed after the effective date of the adoption of this code and located within the unincorporated areas of Monroe County. C. Construction: No CWES or Wind Turbine shall be constructed, erected, converted, installed, reconstructed, enlarged, located, relocated, structurally altered or otherwise developed including the placement of additional buildings and appurtenances without obtaining a zoning placement permit and being in full compliance with the terms of this section and the Monroe County Unified Development Code and any other applicable codes, regulations and policies adopted by the County, State or Federal Government. D. Permitted Locations: CWES may be permitted as a Conditional Use in the A-1 and A-2 Agricultural Districts. CWES s shall be permitted in a Commercial District and Industrial Zoning Districts. CWES shall not be permitted in a residential area. E. Application Requirements: The applicant for placement and construction of a CWES shall file an application with the Zoning Administrator accompanied by the filing fee as set forth in the Resolution Establishing Zoning Fees. The application shall include the following information and documents: 1. Applicant Information: Name, address and telephone number of the applicant. 2. Application Authority: Evidence that the applicant is the owner of the property or written approval of the property owner authorizing the applicant to make the application for the CWES. 3. Legal Description: Complete legal description and address of the project. 4. Detailed Description of the Project: A description of the project including specific information on the number, type, size, height, rated power output, performance, safety, and noise characteristics of each CWES and the diameter and material of each rotor. 5. Turbine Drawings: Detailed drawings of each wind turbine CWES model including the tower and foundation. 6. Site Plan: A site plan drawn to scale; prepared and stamped by a Licensed Professional Engineer with the following items clearly outlined. a. Physical dimensions of the parcel boundaries; b. Number, location and height of each CWES(s); OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

247 MONROE COUNTY UNIFIED DEVELOPMENT CODE c. Location of all proposed and existing structures including accessory structures; d. Elevation drawings depicting the design of proposed CWES(s); e. Location of all electrical lines and facilities and the interconnection points with the electrical grid; f. Computer Simulation or Drawings: One or more detailed computer or photographic simulation drawings showing the site fully developed with all proposed CWES(s) and accessory structure(s); g. Existing topography, proposed plan for grading and removal of natural vegetation, proposed plan for site restoration after construction is completed and landscape plan; h. Plan for access (ingress and egress) to the proposed site identifying the following factors; the road surface material, width and length of access road and dust control procedures. Access may be permitted by direct access or by easement. i. Map showing all inhabited structures to include residence(s), school(s) hospital(s), church(s) public library(s) and public building(s) within two thousand five hundred feet (2,500 ) of the proposed CWES(s). The map shall also show all public roads, railroads, communication and electrical lines within one and one half (1 ½)times the height of the CWES; j. Wind Access Agreements: Evidence that the applicant has negotiated with adjacent landowners and has obtained written agreements with all landowners that could potentially interfere with the applicant s access to the wind; F. Noise Report: A noise report that shall at a minimum include the following items: 1. A description and map of the project s noise producing features, including the range of noise levels expected and the tonal frequency characteristics expected, and the basis of the expectation; 2. A survey and report prepared by a qualified engineer, that analyzes the preexisting routine ambient noise (including seasonal variation), including but not limited to: separate measurements of low frequency and A-weighted noise levels across a range of wind speeds (including near cut-in), turbulence measurements, distance from the turbines, location of sensitive receptors relative to wind direction; and analyses at affected sensitive receptors located within two thousand five hundred feet (2,500 ) of the proposed project site. Potential sensitive receptors at relatively less windy or quieter locations than the project should be emphasized; 3. A description and map showing the potential noise impacts and the cumulative noise impacts; 4. Summary of Project Developer s proposed Noise Complaint Resolution Program; 5. Manufacturers Noise design and field testing data (both audible (dba) and low frequency (deep base vibration) for all proposed structures; 6. A report that outlines issues and considerations for individuals that use hearing aids; G. Environmental Impact Study (NEPA): Provide an environmental impact study (EIS) prepared by a qualified consultant for the project. H. Archaeology Study (SHPO): Provide an Archaeological study prepared by a Professional Archeologist for the project. I. Soil s Report: A geotechnical report that shall at a minimum include the following; 1. Soils engineering and engineering geological characteristics of the site based on, on-site sampling and testing; 2. Foundation design criteria for all proposed structures; 3. Slope stability analysis; 4. Grading criteria for ground preparation, cuts and fills and soil compaction. J. Ice Throw Calculations: A report from a Licensed Professional Engineer that calculates the maximum distance that ice from the turbine blade could be thrown. The basis of the calculation and all assumptions must be disclosed and the incidence of reported ice throws and the conditions reported at the time of the ice throw. K. Blade Throw Calculations: A report from a Licensed Professional Engineer that calculates the maximum distance that pieces of the turbine blades could be thrown. The basis of the calculation and all assumptions must be disclosed. Include the incidence of reported blade throws within the U.S. and the conditions at the time of the blade throw. L. Catastrophic Tower Failure: A report from the CWES (turbine) manufacturer stating. OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

248 MONROE COUNTY UNIFIED DEVELOPMENT CODE 1. The wind speed and conditions that the turbine is designed to withstand (including all assumptions); 2. The incidence of catastrophic failures experienced by the manufacturer and others within the U.S. within the past ten (10) years, and the conditions reported at the time of failure; M. Air Navigation: An analysis to reduce air navigation clutter on airport radar facilities. N. FAA Notification: A copy of written notification to the Federal Aviation Administration (FAA) and their approval of the project. O. Utility Notification: Utility interconnection data and a copy of a written notification to the utility of the proposed interconnection. P. Flood Plain: All applications shall be accompanied by a detailed report which shall address the potential for wind erosion, water erosion, sedimentation and flooding, and which shall propose mitigation measures for such impacts if located within a flood plain area. Q. Additional Information: Any other additional information as required by the Zoning Administrator or final approving body. R. Applicable General Requirements: Any applicant for CWES must show that all of the following applicable requirements are met: 1. Set Backs: The following set-backs and separation requirements shall apply to all CWES(s) and Meteorological Towers. (In regards to the CWES and MET Tower; set-backs shall be measured from the base of the pole). All other structures shall comply with the applicable setbacks as set forth by the applicable zoning district. 2. Inhabited Structures. Each CWES shall be set back from the nearest existing inhabited residence(s), school(s), hospital(s), church(s), public library(s) or public building(s), a distance no less than two thousand five hundred feet (2500 ); 3. Public Roads and Railroads. Each CWES shall be set back from the nearest public road(s) and/or railroad(s) a distance no less than one and one-half (1½) times the total height of the tower and rotor, determined at the nearest boundary of the underlying right-of-way for such public road or railroad; 4. Communication and Electrical lines. Each CWES shall be set-back from the nearest above-ground electric power line, telephone line or other types of communication line(s) a distance no less than 1.1 times the total height of the tower and rotor, determined from the existing overhead power line, telephone line or communication line(s); 5. Property Lines. Each CWES shall be set-back from the nearest property line a distance no less than 1.1 times the total height of the tower and rotor, unless appropriate recorded easements are secured from the adjacent property owners, or other acceptable mitigation is approved by the appropriate approval authority; S. Color and Finish: CWES shall remain painted or finished as applied originally by the manufacturer, but shall be a non-reflective color. T. Tower Configuration: All wind turbines, which are part of a CWES, shall be installed with a tubular monopole type tower. U. Maximum Height: There is no maximum height restriction. V. Lighting: CWES sites shall not be artificially lit, except to the extent required by the Federal Aviation Administration (FAA) or other applicable authority. Lighting intensity and frequency of strobe shall adhere to but not exceed requirements established by the FAA permits and regulations. W. Signage: All signs, other than the manufacturer s or installer s identification, appropriate warning signs, or owner identification on a wind generator, tower building, or other structure(s) associated with a CWES shall be prohibited. X. Feeder Lines: All electrical wires associated with a wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground. Y. Waste Disposal: Solid and hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site in a time period as established by the Monroe County Sanitarian and disposed of in accordance with all applicable local, state and federal regulations. Z. Minimum Ground Clearance: The ground clearance for rotors or blades shall be no less than twenty five (25) feet or one-third (1/3) the height of the tower whichever is greater. AA. Signal (Electromagnetic) Interference: The applicant shall minimize and mitigate any interference with communication facilities, such as radio, cell tower systems, and telephone or television signals caused by any CWES. The owner of the CWES shall take necessary corrective action to eliminate OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

249 MONROE COUNTY UNIFIED DEVELOPMENT CODE this interference, including relocation or removal of the facilities, subject to the approval of the appropriate approving authority. The conditional use permit or placement permit may be revoked if electromagnetic interference from the CWES becomes evident and not resolved. BB. Emergency Communications: No CWES shall be constructed in a manner which will interfere with emergency communication transmissions of the County. The applicant shall provide documentation from the County Sheriff to verify that said wind turbine will not create such interference. Any cost incurred in the process of certifying that the CWES and associated equipment will not interfere with emergency communication transmissions and shall be at the applicant s expense. CC. Federal Aviation Administration (FAA): All CWES shall comply with FAA standards and permits, including but not limited to any necessary approvals for installation close to airports. DD.Electrical Codes and Standards: All CWES and accessory equipment and facilities shall comply with the National and State Electrical Code(s) and other applicable standards. EE.Compliance with Noise Regulations Required: A CWES permit shall not be granted unless the applicant demonstrates that the proposed project complies with all noise regulations. FF.Noise Study Required: Each applicant shall submit a Noise Study based on the requirements set out in the application section. The appropriate approving authority shall determine the adequacy of the Noise Study and if necessary, may require further submissions. GG.Noise Complaint and Investigation Process Required: Each applicant shall submit a Noise Complaint and Investigation Process based on the requirements set out in the Application section. The Board of Adjustment or the Zoning Administrator, as applicable, shall determine the adequacy of the Noise Complaint and Investigation Process. HH.Noise Standards: Audible noise due to CWES site(s) operations shall not exceed sixty (60) dba for any period of time as measured from any dwelling, school, hospital, church or public library from the property line existing on the date of approval of any Conditional Use Permit or Zoning Placement Permit. 1. In the event audible noise due to CWES operations contains a steady pure tone, such as a whine, screech, hum or repetitive impulsive sounds, the standards for audible noise set forth in this section shall be reduced by five (5) dba; 2. In the event the ambient noise level (exclusive of the development in question) exceeds the applicable standard given above, the applicable standard shall be adjusted so as to equal the ambient noise level. The ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dba which is succeeded for more than five (5) minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected existing residence(s), school(s), hospital(s), church(s),public library(s) and public building(s). Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind generated noise at the microphone. Ambient noise level measurements may be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation, provided that the wind velocity does not exceed thirty (30) mph at the ambient noise measurement location; 3. Any noise level falling between two (2) whole decibels shall be the lower of the two(2); II. Safety: All CWES shall comply with the following safety requirements: 1. All wiring between Wind Turbines and the CWES substation shall be underground. If the applicant can demonstrate the need for an overhead line and the acceptance of landowners for this line, such option may be approved conditionally by the Monroe County Board of Adjustment or Zoning Administrator, as applicable; 2. CWES and Meteorological Towers shall be designed so all climbing apparatus is located at least fifteen (15) feet above ground level, and are designed to prevent climbing within the first fifteen (15) feet; 3. All access doors to CWES and Meteorological Towers and electrical equipment shall be locked when not being serviced; OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

250 MONROE COUNTY UNIFIED DEVELOPMENT CODE 4. Appropriate warning signage shall be placed on all CWES towers, electrical equipment, and CWES(s) entrances; 5. For all CWES(s), the manufacturer s engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the CWES(s) is within accepted professional standards, given local soil and climate conditions; 6. For all guyed towers, visible and reflective objects, such as plastic sleeves, reflectors or tape, shall be placed on the guy wire anchor points and along the outer and innermost guy wires up to a height of eight (8) feet above the ground. Visible fencing shall be installed around anchor points of guy wires; JJ. Avoidance and Mitigation of Damages to Public Infrastructure: 1. Roads: Applicants shall identify all roads to be used for the purpose of transporting CWES(s), substation parts, concrete etc., and/or equipment for construction, operation or maintenance of the CWES(s) and obtain applicable weight and size permits from the appropriate authorities prior to construction; 2. Existing Road Conditions: Applicant shall conduct a site review, prior to construction, with the County Engineer or his designee to determine existing road conditions. The site review shall include photographs and a written agreement to document the condition of the road(s). The applicant will be held responsible for any road damages caused by construction. The applicant will also be responsible for the cost of the dust control application to the haul route if it is determined to be necessary by the Monroe County Engineer; 3. Drainage System: The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the CWES; 4. Required Financial Security: The applicant shall be responsible for restoring or paying damages as agreed to by the County Engineer sufficient to restore the road(s) and bridge(s) to conditions prior to construction Financial Security in a manner approved by the Monroe County Attorney shall be submitted covering one hundred thirty percent (130%) the costs of all required improvements; KK. Inspection: At least every twenty-four (24) months, every CWES shall be inspected by a certified structural engineer who is regularly involved in the maintenance, inspection and/or erection of Wind Turbines at the expense of the owner of the CWES. A copy of such inspection record shall be provided to the Zoning Administrator. LL. Discontinuation and De-Commissioning (Abandonment): 1. Each CWES shall have a De- Commissioning agreement signed by the landowner and owner of the CWES outlining the anticipated means and cost of removing the CWES, supporting equipment and all accessory buildings at the end of their serviceable life or upon becoming a discontinued or abandoned use. The cost estimates shall be made by a Licensed Professional Engineer. The agreement shall identify the financial resources that will be available to pay for the de-commissioning and removal of the CWES, supporting equipment and all accessory buildings. The approving authority may require a Letter of Credit or a payment and Performance Bond for the removal of CWES, buildings, abandoned power lines and equipment. The agreement shall identify that said agreement shall be binding on future property owner(s) and future owner(s) of the CWES. The agreement shall also include the legal description of the property on which the CWES(s) and all supporting equipment and accessory buildings shall be located; 2. A CWES shall be considered a discontinued or abandoned use after one (1) year without energy production, unless a plan is developed and submitted to the Zoning Administrator prior to the CWES remaining idle. The plan shall outline the steps and schedule for returning the CWES to service. Determination of the date of abandonment shall be made by the County Zoning Administrator. If the OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

251 MONROE COUNTY UNIFIED DEVELOPMENT CODE CWES is considered abandoned the zoning administrator may issue a Notice of Abandonment to the owner of the CWES. The owner shall have the right to respond to the Notice of Abandonment within thirty (30) days from the notice receipt date. The Zoning Administrator shall withdraw the Notice of Abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the CWES has not been abandoned. 3. Upon such abandonment, the CWES owner shall have an additional one hundred eighty (180) days within which to dismantle and remove the CWES, supporting equipment and all accessory buildings; 4. The owner of the CWES or the landowner shall take appropriate site reclamation steps to a below grade depth of four (4) feet. If the CWES, supporting equipment and all accessory buildings are not dismantled and removed to the approval of the Zoning Administrator or the Zoning Administrator s designee the County shall complete the removal and reclamation and assess the cost against the property for collection in the same manner as a property tax, pursuant to Section of the Code of Iowa. Monroe County may require a Letter of Credit or a Payment and Performance Bond for the removal of towers, buildings, abandoned power lines and equipment DEFINITIONS FOR WIND ENERGY SYSTEMS: Effective: December 28, 2010 Due to the unique nature of the unfamiliar terms in Sections 5.22 and 5.23 we have chosen to insert the definitions as Section 5.24 and inserted where applicable in Chapter 10: Definitions. AMBIENT NOISE LEVEL: Background noise level prior to installing the Wind Energy System (CWES or PWES). COMMERCIAL WIND ENERGY SYSTEM (CWES): One or more wind energy system(s) of greater capacity than 100 kw and/or whose primary function is to generate power for offsite consumption. CWES shall include but are not limited to Commercial Wind Turbine generators, operations and maintenance buildings, meteorological towers, electrical collector systems, communications, roads and substations. And where CWES is written it is assumed to be inclusive of (MET) Meteorological Towers, where applicable. FAA: Federal Aviation Administration. FALL ZONE: The area, defined as the furthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. This area is less than the total height of the structure. FEEDER LINE: Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the wind energy system. HUB HEIGHT: The distance measured from ground level to the center of the turbine hub of a Wind Energy System (CWES or PWES). METEOROLOGIAL TOWER: (Met Tower); Towers which are erected primarily to measure wind speed and directions plus other data relevant to siting wind energy system(s). MONOPOLE TOWER: A tower consisting of a single pole, constructed without guy wires and ground anchors. NEPA: The National Environmental Policy Act [42 U.S.C et seq.] was signed into law on January 1, The Act establishes national environmental policy and goals for the protection, maintenance, and enhancement of the environment and it provides a process for implementing these goals within the federal agencies OFF-GRID: Not connected to a public utility. ON-GRID: Connected to a public utility. PERSONAL WIND ENERGY SYSTEM (PWES): A wind energy system, which has a rated capacity of 100 kw or less; shall be limited to one for each property; and is used exclusively to supply electrical power for on-site use for no more than one (1) dwelling and the associated accessory structure(s), except that excess electrical power generated by the PWES and not needed for onsite use may be used by the utility company. ROTO DIAMETER: The diameter of the circle described by the moving rotor blades. OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

252 MONROE COUNTY UNIFIED DEVELOPMENT CODE SHPO: State Historic Preservation Officer; The official designated by the Governor to administer the State s historic preservation program and the duties described in 36 CFR Part 61 including nominating properties to the National Register. SUBSTATION(S): Any electrical facility designed to convert electricity produced by wind turbines to a voltage greater than 35,000 volts (35V) for interconnection with high voltage transmission lines and shall be located outside of the road right of way. TOTAL SYSTEM HEIGHT: The highest point from ground level to the tip of a wind generator blade (or any other part of the wind energy system) at its highest point. TOWER: The vertical structures that support the electrical generator, rotor blades, or meteorological equipment of a wind generator. TRANSMISSION LINE: Electrical power lines that carry voltage of at least 69,000 volts (69 V) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers. WIND ENERGY SYSTEM: Electricity generating facility consisting of one or more Wind Turbines under common ownership or operating control, and may include substations, meteorological tower (MET Tower), cables/wires and other buildings accessory to such a facility, whose main purpose is to supply electricity to off-site customer(s) or to individual system owners/ property owners. WIND ENERGY SYSTEM PLACEMENT PERMIT: Placement permit for a Commercial Wind Energy System(s) (CWES) and Personal Wind Energy System(s) (PWES) in accordance with the provisions of the Monroe County Unified Development Code. WIND TURBINE: A wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator, and includes the turbine, blade, tower, base and pad transformer, and any and other related equipment. WIND TURBINE GENERATOR: Component of a wind energy conversion system that transforms mechanical energy from the wind into electrical energy Private Schools (Effective February 21, 2012) A. Applicability. All private schools shall be authorized subject to the Conditional Use permit requirements established in Section 2.3.E and the requirements of this section and any other applicable codes, regulations and policies adopted by the County, State or Federal Government. B. Purpose: The purpose of this section is to establish appropriate conditions for the establishment or expansion of private schools within the un-incorporated area of Monroe County to protect the public health, safety and welfare of all residents. C. Performance Standards: Private schools are authorized if they comply with the performance standards set forth herein and all requirements established in the Conditional Use Permit. 1. Compliance with applicable state standards. Compliance with applicable state standards is required. With the exception of fire standards, review of the validity of a conditional use permit based on compliance with state standards will be invoked only upon request of the applicable state agency. 2. Maximum Enrollment. The conditional use permit shall establish the maximum student enrollment. Maximum enrollment may be based on building capacity, transportation system capacity or other pertinent factors as determined by the County. 3. Location Criteria. a. Schools located on an unpaved road shall allow an enrollment of no more than fifty (50) students and shall be located within two (2) miles from a minor collector or greater. b. Schools with a maximum enrollment of more than fifty (50) students shall be located on hard surface and within a ten (10) minute driving response time of fire and hospital or first responder s medical service. 4. Building Criteria. a. The minimum floor area in classrooms shall be thirty-five (35) square feet per student at maximum enrollment. b. The school shall provide indoor bathrooms connected to a potable water supply and a septic system approved and permitted by the County Sanitarian, a community sewer system or a centralized sewer system. Said water supply and wastewater system shall have the capacity to serve the maximum number of authorized students and staff. c. The building shall comply with state fire standards for schools. 5. Site Development Criteria. a. The minimum parcel size shall be two (2) acres. OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

253 MONROE COUNTY UNIFIED DEVELOPMENT CODE b. Buildings shall be set back at least one hundred (100) feet from all property lines. c. Separate access/driveway approved by the County Engineer shall be provided for each school. d. Surfaces for each access/driveway shall be gravel or other durable surface as approved by the County Engineer. e. Vehicle use areas and parking shall accommodate anticipated traffic and parking demands on the site based on maximum enrollment as demonstrated by the applicant. f. The application shall describe the mode of transportation and anticipated need for parking and queues (lines) of vehicles used for picking up and dropping off students. g. If horses or other animals are used to transport students, the applicant will show facilities shall be provided to accommodate animals that will remain on site. h. The site shall designate an area of at least one-half acre that will be reserved for outdoor recreation and physical education. This area shall not include any required vehicle use area. 6. Off-Site Improvements. The applicant shall pay for school warning signs to be posted on adjacent road(s) as required by the County Engineer. OCTOBER 6, CHAPTER 5: DEVELOPMENT PROCEDURES

254 MONROE COUNTY UNIFIED DEVELOPMENT CODE Chapter 6: General Development Standards 6.1 Dimensional Standards A. General. No zoning permit or other development approval shall be granted except in compliance with the minimum dimensional standards established in this Code. Exhibit 6.1, on the following page, summarizes the dimensional standards for lot development in Monroe County except as provided in other sections of this Code. Topography, hydrology or other unusual conditions may require greater setbacks or greater lot sizes. There shall only be one (1) residence allowed per lot or parcel, subject to adequate water and wastewater availability as provided in Chapter 8 of this Code. All residences shall be permanently anchored to a permanent foundation, except as authorized within a campground or trailer and recreational vehicle park. B. Measurements and Exceptions. 1. Lot Area. a. Measurement. Lot area is measured as the net amount of contiguous land area contained within the property lines of a lot or parcel, not including streets or rightsof-way, floodways, wetlands, ponds or slopes. b. Exceptions. No zoning permit or other development approval shall be granted for a lot that does not meet the minimum lot requirements of this Code except in the following case: Utilities using land or an unoccupied building covering less than one thousand (1,000) square feet of site area are exempt from minimum lot area standards (i.e., sewer lift station buildings etc.). 2. Lot Width. Lot width is the narrowest distance between side lot lines measured between the front and rear setback lines. 3. Street Frontage. Street frontage is measured between side lot lines along the front lot line. 4. Front Lot Line. The lot line separating the front of the tract or parcel from the street. However, in cases where the tract or parcel abuts two streets the front lot line shall be determined to be the side facing the street on which Monroe County 911 has addressed the property and which the 911 sign is located. 5. Rear Lot Line. The lot line which is opposite and most distant from the front lot line. 6. Side Lot Line. Any lot line other than a front or rear lot line. A side lot line separating a tract or parcel from a front or rear lot line. 7. Setbacks. a. Setbacks are measured between the furthermost projection of a structure and nearest the property line of the lot on which the structure is located. Setbacks must be unobstructed from the ground to the sky except as specified in this Section. The setback of the building from front, side and rear lot line shall be measured at right angles from the lot line to the nearest point of the adjacent building wall. b. Exceptions and Permitted Encroachments. The following features may encroach into required setbacks: (1) Landscaping and light fixtures; (2) Bay windows, belt courses, cornices, ornamental features and sills, and roof overhang, eave, gutter, cornice, or other architectural features and awnings, not to encroach more than three (3) feet; (3) Open-lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than three (3) feet and where the same do not obstruct light and ventilation; (4) Clothesline post, flag poles, mail boxes, driveways, curbs and sidewalks; (5) Heating and cooling units, not to encroach more than three (3) feet; (6) Septic systems, wells and underground utilities; (7) Steps, stairs or fire escapes (nonenclosed), not to encroach more than six (6) feet; (8) Uncovered, unenclosed terraces or porches, platforms and ornamental features which do extend more than three (3) feet above the floor level of the ground story, provided these uses maintain a minimum distance of five (5) feet from the adjacent side and rear lot lines; and (9) Other items as approved by the Zoning Administrator. OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

255 MONROE COUNTY UNIFIED DEVELOPMENT CODE Exhibit 6.1: Dimensional Standards Zoning District Min. Lot Size (net) 1 Lot Area Per Dwelling Unit in Square Feet Lot Area (sq ft.) Single Family Dwelling Two Family Dwelling Lot Width Ft. Minimum Setbacks Front (ft.) Side 2 (ft.) Rear 2 (ft.) Max. Height (ft.) A-1 2 acre 2 acre Prohibited /5 40 A-2 2 acre 2 acre Prohibited /5 40 R-1 S. Family DU 2 Family DU 8,000 10,000 8, , /5 15/5 35/5 35/5 35/15 35/15 R-S 6,000 6,000 Prohibited /10 20/10 35/15 C 5 Acres Prohibited Prohibited I-1 5 Acres Prohibited Prohibited I-2 20 Acres Prohibited Prohibited No Limit 5 AOD See the restrictions in Section 3.3.J 1Net on minimum lot size means the lot/parcel size without right-of-way included. 2 Principal/accessory use setbacks are shown as applicable. 3 When the use is adjacent to any R District boundary line or an existing residence, the side and/or rear yard setbacks shall be not less than 100 feet for all buildings. 4 When the use is adjacent to an R District boundary or an existing residence, then the side and/or rear yard setbacks shall be not less than 300 feet for all buildings. 5 There shall be no height limitation, provided, however, that no structure shall be permitted to extend into the approach zones, clear zones, or other restricted air space for the protection of any public airport. OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

256 MONROE COUNTY UNIFIED DEVELOPMENT CODE 8. Height. a. All buildings or structures shall comply with the maximum height regulations in Exhibit 6.1. b. Exceptions to maximum Height Standards. Zoning district height limits do not apply to belfries, cupolas, church spires, domes, monuments, airway beacons, fire towers, water towers, structures for essential services, monuments, stage towers or scenery lots, windmills, flagpoles, chimneys, radio/television receiving antennas or chimney flues. However, no such structure shall be permitted to extend into approach zones, clear zones, or other restricted air space for the protection of any public airport. Height limits also do not apply to any elevator bulkhead, cooling tower, water tank, or to any similar structure or necessary mechanical appurtenance extending above the roof of any building if such structure does not occupy more than 33% of the area of the roof. 6.2 Blocks and Lots A. Blocks. When reviewing proposed lot and block arrangements, the following factors shall be considered: 1. Adequate Building Sites Required. Provisions of adequate building sites, suitable to the special needs of the type of land use (residential, commercial or other) proposed for development, shall be provided, taking into consideration topographical and drainage features. 2. Minimum Lot Sizes Established. Minimum zoning district and lot requirements defining lot sizes and dimensions shall be accommodated without creating unusable lot remnants. 3. Block Width. The width of the blocks should be arranged so as to allow two tiers of lots with utility easements, except where a single row of lots back up to an arterial street or highway. 4. Block Lengths. Blocks shall not be longer than one thousand (1,000) feet unless topography or other conditions, in the opinion of the County Engineer, justify a longer length. 5. Dead End Streets. Dead end streets shall not be permitted unless the dead end street is planned to connect with another street on adjacent land. 6. Cul-de-sac Blocks. Blocks that terminate in a cul-de-sac shall be permitted if the form or contour of the land makes it difficult to plat connecting streets. Cul-de-sacs and courts shall be no longer than six hundred (600) feet and shall have a turnaround with a minimum radius of fifty (50) feet. 7. Pedestrian Walkways. The Board of Supervisors may require the dedication of a pedestrian access easement or crosswalk, a minimum width of twenty (20) feet, for any residential block that exceeds eight hundred (800) feet in length except for commercial and industrial blocks which exceed six hundred (600) feet. The pedestrian walkway should be located mid-block. B. Lot Dimensions. The lot standards provided in this Section shall apply in each zoning district in which such uses are permitted. In the event that standards identified in this Section vary from those regulations specified in the zoning district text, the most restrictive standard shall govern. C. Single-Family Lots/ Parcels. 1. Dimensional Standards. Single-family development shall comply with standards for dimensions as indicated in Exhibit Cul-de-Sac Lots. Cul-de-sac lots shall have a minimum width of twenty-five (25) feet at the street line. 3. Corner Lot Setback. The corner lot setbacks from abutting rights-of-way shall be the same as that required for the front setback. 4. Minimum Lot or Parcel Size. In A-1 and A- 2 Districts the minimum parcel size shall be two acres not including right of way. 5. Minimum Yard Requirements. Where a lot or parcel abuts an arterial street along the side or rear property line, the minimum setback requirements shall be at least thirty (30) feet. 6. Principal Buildings on Lot or Parcel. Only one (1) principal dwelling is permitted on a lot or parcel in an agricultural or residential district. D. Non-Residential Use Setbacks. 1. Canopies connected to the main building shall be set back a minimum of fifteen (15) feet from any property line. 2. No interior side yard will be required on contiguous lots developed as a common project, except as required to comply with fire codes. E. Corner Lots. 1. Visibility at Intersection. On a corner lot in any district, no fence, wall, hedge or other planting, sign or structure shall be installed if it obstructs vision between a height of three and one-half (3-1/2) feet and ten (10) feet above the centerline grades of the intersecting streets within the site triangle as Defined in Exhibit 6.2A. The County Engineer may allow OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

257 MONROE COUNTY UNIFIED DEVELOPMENT CODE modifications to the distance required at intersections if the safety of pedestrians, bicyclists and motorists is ensured. 2. Access. Lots adjacent to streets of different classifications shall gain access from the street designed for the lower traffic volume. Exhibit 6.2A: Sight Triangle F. Through Lots. Through lots, or double-frontage lots, shall be avoided except to separate residential development from arterial roads or to overcome specific disadvantages of topography and orientation. Access to through lots shall be from the street with the lowest traffic volume. G. Flag Lots. Flag lots shall be allowed in all Agricultural and Residential zoning districts in accordance with the standards of this subsection, provided they comply with the minimum driveway spacing standards. Exhibit 6.2B: Flag Lots 1. Frontage. Each flag lot shall have at least twenty-five (25) feet of street frontage, provided that the County may require a minimum access easement of fifty (50) feet at each location where a flag lot reaches public right-of-way. Said easement shall run the full depth of the lot or lots as shown in Exhibit 6.2B. 2. Lot Area Calculation. The area of the access easement shall not be counted as part of lot area. 3. Driveways. Driveways shall be designed to allow vehicles to drive-out forward. Common driveways shall be allowed to serve up to six (6) lots. 4. Number. A maximum of two (2) flag lots are allowed in subdivisions of four (4) lots or less. No more than 20% of the lots within a subdivision containing five (5) or more lots shall be flag lots. No more than two (2) flagpole lots may be contiguous. 5. Front Yard Setback. The front yard setback shall be measured from the easement along the pole of a flag lot. H. Lot Lines. All lots shall have side lines that are at right angles to straight street lines or are radial to curved street lines. Unusual or odd-shaped lots having boundary lines that intersect at extreme angles shall be avoided I. Lot Access. Lot access shall be provided in conformance with Chapter 8 of this Code. J. Lot Orientation. All lots shall face the front line of a street right-of-way. Wherever feasible, lots shall be arranged so that the rear line does not abut the side line of an adjacent lot. K. Driveways. Up to six (6) lots may have access from a shared driveway, provided that an access easement may be required to facilitate pedestrian and bicycle access through any subdivision within one-half (1/2) mile of a school, park or neighborhood commercial center. L. Lot Remnants. No lot or parcel shall be created which fails to meet the minimum standards of the applicable zoning district and this Code, except pursuant to a Planned Unit District or variance. M. Number of Principal Uses and Structures per Lot. In any commercial or industrial district, more than one (1) principal structure may be erected on a single lot provided that: 1. The area, yard, setbacks and other requirements of this Code shall be met for each structure as though it were on an individual lot; and 2. Only one (1) dwelling may be permitted on any lot or parcel, except as specifically authorized as part of a Planned Unit Development District. OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

258 MONROE COUNTY UNIFIED DEVELOPMENT CODE 6.3 Parking Standards A. Parking Required for All Structures. Off-street parking shall be provided for all buildings or structures. Parking spaces shall be located entirely on the same property as the main use with no portion other than the necessary drives extending into any street right-of-way or other public way. B. Minimum Parking Requirements. 1. Number of Spaces. Each use shall provide the number of parking spaces specified in Exhibit 6.3A and Exhibit 6.3B. 2. Standards for Unlisted Uses. The Zoning Administrator shall determine the number of parking spaces required for uses not referenced in Exhibit 6.3A by applying the standard for the most similar use or uses as listed in the exhibit. If there is no similar use, the Zoning Administrator shall make a determination based on available parking studies or standards. 3. Calculation of Space. Any fraction of a parking space calculated as required under this Section shall be counted as a full parking space. 4. Location. Parking shall be provided on the same lot with the use except as otherwise permitted by this Section. 5. Additional Parking Required. Off-street parking facilities shall be provided for any new building constructed, for any new use established, for any addition or enlargement of an existing building or use, or for any change of occupancy or manner of operation that would result in additional parking spaces being required. If insufficient parking exists on a lot or parcel, then the number of spaces required to meet the needs of both the existing and proposed buildings or uses shall be provided. 6. Existing Parking Facilities Maintained. Facilities being used for off-street parking on the effective date of this Code shall not be reduced in capacity to less than the number of spaces in existence on the date of adoption of this Code. 7. Multi-Use Site Parking. For sites with more than one use, or for adjacent sites served by a common parking facility, the parking requirement shall be the total number of spaces required for each site or use, except as otherwise provided. 8. Head-In Parking, When Prohibited. Headin parking from any public right-of-way shall not be permitted. 9. Off-Site or Remote Parking. The Zoning Administrator may approve off-site parking when: a. both the primary use and the off-site parking are located in an area zoned for the primary use served by the off-site parking; b. the off-site parking is located within three hundred (300) feet of the primary use it serves; c. the applicant has provided written documentation of the continued availability of the proposed off-street parking facilities; and d. adequate parking is provided on-site for persons with disabilities. C. Parking for Persons with Disabilities. Parking spaces for persons with disabilities shall be provided in all parking lots in accordance with Americans with Disabilities Act Accessibility Guidelines (ADAAG) for Buildings and Facilities at the following rates: Exhibit 6.3A: Off-Street Parking Requirements Use Categories Specific Uses Vehicle Spaces Residential Group Living Household Living Nursing Homes; Assisted Living Facility; Treatment Facility; Small Group and Large Group Living Facilities Other Group Living Business Residence Bed and Breakfast Single-Family and Duplex Multi-Family 1 per 4 beds + 1 per each 3 employees 1 per 4 beds 1 per residence + business parking 1 per guest room + 2 spaces for owner s portion 2 accessible (non-tandem) spaces per dwelling unit 2.2 per unit OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

259 MONROE COUNTY UNIFIED DEVELOPMENT CODE Use Categories Specific Uses Vehicle Spaces Institutional College, Vocational / Technical Schools Community Services Day Care Detention Facilities Hospital/Clinic Parks and Open Areas All Other Household Living Community Center Jails, Honor Camps, Reformatories, Law Enforcement Rehabilitation Centers Campground Golf Course All Other 1 per unit 1 per 2 students 1 per 250 square feet or 1 per 4 patrons, whichever results in more spaces 1.5 per employee + drop-off/pick-up area 1 per employee on maximum shift, 1 per service vehicle 1 per 2 beds + 1 per employee 1.2 per (10'x30') campsite+ 4 per laundry & shower facility 4 spaces per hole 20 spaces per athletic field or ball diamond or 1 per 4 seats whichever results in more spaces Religious Assembly 1 per 3 seats (one seat = 18") Safety Service Schools Fire or Police Station; Emergency Response Service Elementary and Junior Highs High Schools Schools of Private Instruction 1 per employee + 1 per each 3 volunteer personnel on normal shift + 1 per 200 square feet of usable office space 2 per classroom 1 per 4 students 1 per 200 square feet Commercial Office Recreation and Entertainment, Outdoor Recreation and Entertainment, Indoor Drive-Thru Uses General Offices; Governmental Offices Medical/Dental Driving Range Miniature Golf 1 per 300 square feet 3 per each patient room 1 per tee 2 per hole Assembly/Auditorium (bed and breakfast reception area) 1 per 4 seats or 1 per 50 square feet of gross floor area if not permanent seats Amusement Center 1 per game table, video game or amusement device Bowling Alley 4 per lane Clubs/Lodges 1 per 3 persons Health Club/Fitness Center 1 per 200 square feet Bank, Drive-Thru Facility 6 per window for vehicle stacking room in addition to required bank parking (see office) Drive-In Cleaners; Drive-In Liquor 3 per window and store parking OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

260 MONROE COUNTY UNIFIED DEVELOPMENT CODE Use Categories Specific Uses Vehicle Spaces Retail Sales and Service Storage Vehicle Repair Vehicle Service, Limited Industrial Manufacturing and Production Warehouse and Freight Movement Wholesale Sales Fuel sales 1 per service position + 1 per 200 square feet of store Restaurant, Fast-Food with Drive-In Facilities Bars / Nightclubs Banks (Branch and Drive-In) Convenience Store Hotels/Motels; Bed and Breakfast Inns Restaurants Shopping Centers Theaters Vehicle Sales, New & Used, including Recreational Vehicles/Boats Other Retail Sales, High Volume, Stand-Alone (e.g., supermarkets, clothing and department stores, shopping complexes, hardware building supplies, book stores, big box stores and similar uses) Other Retail Sales/Services, Low Volume, Stand-Alone (e.g., appliance and sales, repair shops, nurseries, green houses and similar uses) Self-Service Bulk or Tank Stations Car Wash, Self-Service Car Wash, Full-Service Service Stations; Oil, Lube, Muffler Service Tire, Batteries, Accessory Retailers 1 per 4 seats, 10 per window 1 per 200 square feet 1 per 300 square feet + required stacking spaces for drive-through 1 per 200 square feet 1 per room + 75% of spaces required for other associated uses (e.g., restaurants, bars, office, meeting areas) 1 per 3 seats or 1 per 75 square feet of dining area 1 per 200 square feet 1 per 250 square feet 1 per 4 seats spaces equal to 10% of vehicle display area 1 per 200 square feet (includes employee parking) 1 per 400 square feet (includes employee parking) 1 per 8 storage units + 1 per employee on maximum shift 1 per employee + 1 per facility vehicle + 10,000 square feet of loading space 2 per service bay + 1 per employee 3 per bay 10 per bay 4 per service bay 3.3 per 1,000 square fee of gross floor area 1.1 per employee 1 per 1.5 employees or 1,000 square feet, whichever results in more spaces 1.1 per employee OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

261 MONROE COUNTY UNIFIED DEVELOPMENT CODE D. Parking Design Standards. 1. Minimum Standards. Exhibit 6.3C establishes the minimum design standards for parking areas; the Zoning Administrator may require modifications to parking lot design to ensure the safety of pedestrians, bicyclists and motorists. 2. Timing of Parking. All parking areas and drives shall be ready for use prior to occupancy of a building or site, and shall be approved by the Zoning Administrator. The Zoning Administrator may grant special permission to delay this requirement due to weather conditions not being satisfactory for proper installation of surfacing materials. Parking Capacity Spaces Required for Persons with Disabilities* Up to 100 spaces to 200 spaces or more spaces 9 plus 1 handicapped space per 100 spaces over 500 Exhibit 6.3B: Parking for Persons with Disabilities *At least one space shall be van accessible unless all spaces comply with the universal parking design as specified in ADAAG Section A (or applicable section) Otherwise, 1 of every eight (8) handicapped accessible spaces shall be van accessible. Parking Angle (degrees) Maneuvering Lane Width (feet) Parking Space Dimensions (feet) Total Width of 2 Tiers of Spaces & Maneuvering Lane (feet) One Way Two Way Width Length One Way Two Way 30Ε - 50Ε Ε - 75Ε Ε - 90Ε N/A N/A 60 Exhibit 6.3C: Minimum Parking Facility Design Standards 3. Location. All off-street parking shall be located outside of required landscape areas. a. No part of any parking space shall be closer than five (5) feet to any established highway, road or street right-of-way line. In case the parking lot adjoins a residential district, it shall be set back at least fifteen (15) feet from the residential district boundary and shall be screened from the adjacent property by a planting screen not less than ten (10) feet in width and six (6) feet in height or by a fence, wall, berm or other comparable means. Bufferyards, fences and walls and landscaping shall be developed in conformance with Section 6.4 of this Code. b. Off-street parking and loading areas may not occupy any part of dedicated open space or setback area, but may occupy a part of the required yard area, subject to the provisions of this Code. 4. Design Standards. Parking facilities constructed or substantially reconstructed subsequent to the effective date of this Code, whether required or not, shall conform to these design standards. 5. Maintenance of Required Spaces. All required parking facilities shall be maintained for the duration of the use requiring such facilities. Required parking facilities shall be used exclusively for the temporary parking of OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

262 MONROE COUNTY UNIFIED DEVELOPMENT CODE passenger automobiles, motor vehicles or light trucks not exceeding one ton in capacity, and shall not be used for the sale, display or storage of merchandise, or for the storage or repair of vehicles or equipment. 6. Accessibility. Each standard parking space shall consist of an independently accessible rectangular or trapezoidal area. 7. Vertical Clearance. Each parking space shall have a vertical clearance of at least eight (8) feet. 8. Circulation. Each parking and loading area shall have adequate drives, aisles, turning and maneuvering areas, access to a street or alley and provide sidewalk access to buildings. E. Parking Area Paving and Drainage. 1. Paving Required. a. Driveways for use in the Agricultural Districts shall not be required to be paved provided the driveway has an all-weather surface to facilitate access by emergency vehicles. b. All parking areas for uses in nonagricultural districts, projected to generate one hundred (100) or more average daily trips, shall provide paved parking areas and driveways. c. Driveways providing access to residential lots in the R-1 and R-S District(s) may be paved with an all-weather surface as approved by the County Engineer. 2. Pavement Materials. a. All-Weather Surface. Non-permanent and semi-permanent driveway surfacing may be either four (4) inches of gravel or chip and seal. b. Heavy equipment storage areas that are accessory uses for agricultural service establishments and non-agricultural commercial uses in the Commercial and Industrial Districts may be surfaced and maintained with gravel, chip and seal or a similar durable, dustless surface. However, all driveways leading to such areas shall be permanent. 3. Parking and Loading Facilities. The County Engineer shall require engineering design computations for commercial and industrial lots of more than one acre by a professional engineer. All parking and loading facilities shall be designed, graded and provided with permanent storm drainage facilities that prevent standing water on any parking area, and do not increase the flow of water onto adjacent properties, streets or alleys. F. Parking Area Lighting. If provided, lighting used to illuminate parking areas shall be arranged, located or screened so that light is reflected away from adjacent streets and residential districts. G. Off-Street Loading Requirements. At least one (1) off-street loading space shall be provided in any district in connection with every building or part thereof hereafter erected having a gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital or other uses involving the receipt or distribution of material or merchandise. 1. Each loading space shall be not less than twelve (12) feet in width by forty (40) feet in length with a fifteen (15) foot vertical clearance. 2. Such space may occupy all or part of any required yard, except when adjoining a Residential District, in which case it shall be set back twenty-five (25) feet and shall be screened from the adjacent property by a planting screen, wall, fence or berm that shall measure not less than ten (10) feet in width and six (6) feet in height. 6.4 Bufferyards and Screening A. Purpose. The purpose of these bufferyard and screening requirements is to promote land use compatibility by establishing efficient, effective minimum standards for buffering between land uses of different intensities, screening of land uses and utility and equipment areas that may create a negative impact, for the protection of natural resources, and the installation and continued maintenance of landscaped areas within Monroe County. B. Interpretation of Landscaping Terms. Where necessary to interpret the precise meaning of technical landscaping terms used in this section, reference shall be made to The American Standard For Nursery Stock, as published by the American Association of Nurserymen (AAN). C. Landscaping Plan Required. A plan showing required bufferyards and landscaping of the bufferyards shall be submitted in support of a site plan or building permit for any development within a development area, except for farms, single-family dwellings and two (2) family dwellings. All landscaping plans for bufferyards and related areas shall include the following information: 1. The locations, varieties, number and size of plants to be planted within required landscaped bufferyard areas; 2. Topographic information showing the final site grading and drainage for landscape area, and properly specify planting for areas needing slope protection; 3. Impervious surfaces, including sidewalks, pavement areas and building footprints; 4. Property boundaries; 5. Mature sizes of plant materials shall be drawn to scale; OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

263 MONROE COUNTY UNIFIED DEVELOPMENT CODE 6. Existing trees which shall be preserved, eight (8) inch caliper or larger, measured two (2) feet above ground level that are proposed to remain; and 7. The boundaries and edge treatments of all landscaped and bufferyard areas. D. Minimum Size of Landscape Materials. Landscape materials shall measure the minimum sizes at the time of planting as described below. 1. Trees: two and one-half (2½)-inch caliper measured at two (2) feet above ground level. 2. Shrubs: twenty-four (24) inches tall from ground level to the top of the shrub. E. Bufferyards and Screening Development Standards. The following standards shall apply to all multi-family dwellings and all commercial and industrial projects which site plans also shall include detailed drawings of enclosure and screening methods as provided. The bufferyards required between land uses are shown in Exhibit 6.4A and diagrams of the bufferyards are shown in Exhibit 6.4B. OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

264 MONROE COUNTY UNIFIED DEVELOPMENT CODE Exhibit 6.4A: Required Bufferyards Adjacent Development Proposed Development Single-family; Two family Office Commercial Industrial Agricultural Use B B B Not Required Single-family; Two-family Not Required Office C Not Required C D E Commercial D A Not Required B Industrial E C C Not Required A C Exhibit 6.4B: Bufferyards A-1 5 A-2 10 A-3 20 B-1 10 B-2 15 B-3 30 C-1 15 C-2 30 C-3 40 D-1 20 D-2 30 D-3 40 E-1 20 E-2 40 E-3 60 Plantings per 100 linear feet Deciduous Tree Evergreen Tree Berm or Opaque Fence Bufferyard Type 4 Shrubs required per tree OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

265 MONROE COUNTY UNIFIED DEVELOPMENT CODE F. Bufferyard Location. Bufferyards and open spaces shall be provided on the site of the new development, regardless of existing setbacks, bufferyards or open space otherwise provided on the existing developed site unless a written agreement is made with the owners of abutting lots. Bufferyards may be included within required building setbacks and shall be shown as landscape easements on the plat and site plan. G. Screening of Utility Areas and Equipment. 1. Solid Waste Collection Areas. Solid waste receptacles, shipping pallets, bundled cardboard and similar waste materials stored for collection shall be enclosed on all sides and screened from public view of adjoining residential properties or any street right-of-way with a six (6)-foot solid enclosure with a gate. The enclosure shall be constructed of cedar, redwood, masonry or other material compatible with the building. The floor of the gated enclosure shall be a concrete pad which shall extend five (5) feet beyond the gate. Trash enclosures shall be located a minimum of fifty (50) feet from any residential zoning district. 2. Mechanical Equipment. All electrical and mechanical equipment shall be screened from view or isolated so as not to be visible from adjacent residential parcels. Such screens and enclosures shall be coordinated with the building to present a unified appearance. H. Fencing Standards. 1. Fences for Non-Agricultural Land Uses Located In The Front Yard. In R-1 and R-S areas or any tract or parcel used for residential purposes opaque or solid fences shall be placed no closer to the front lot line than the front yard setback line established by the building(s) erected upon said lot and shall not exceed eight (8) feet in height provided that they do not conflict with the required sight triangle. Picket fences, chain link fences, wrought iron fences and other decorative fences not exceeding three and one-half (3 1/2) feet in height, may be located within the limits of the front yard, provided that they do not conflict with the required sight triangle and they are not located in the ROW. In all cases fences shall be constructed with the best side facing the neighboring land user. For purposes of this section best side facing means the finished side (side without posts) of the fence shall face out or away from the property upon which the fence is constructed. 2. Fences for Non-Agricultural Land Uses located in the side or rear yard. In R-1 and R-S areas or any tract or parcel used for residential purposes, fences are permitted in the limits of the side and rear yards and shall not exceed eight (8) feet in height provided that they do not conflict with the required sight triangle and are not located in the ROW, except where used for public utilities, public or private schools, public or private recreation facilities. In all cases fences shall be constructed with the best side facing the neighboring land user. For purposes of this section best side facing means the finished side (side without posts) of the fence shall face out or away from the property upon which the fence is constructed. 3. Retaining Walls or Supporting Embankments. In R-1 and R-S areas and any lot used for residential purposes retaining walls or supporting embankments will be measured from the part of the wall or embankment that is above the ground surface of the retaining wall or supporting embankments. 4. Fences for Agricultural Land Uses. The use of property line fences is encouraged to prevent livestock from crossing onto adjacent property and may be required along the perimeter of any subdivision abutting an agricultural district. The fencing shall be maintained in good repair. 5. Electric Fences. Electric fences shall be permitted only in the agricultural districts. 6. Barbed Wire Fencing. Barbed wire fences or barbed wire assemblies atop fences shall be permitted in the Agricultural and Industrial Districts and may be incorporated into fencing for utility substations, but shall be prohibited in all other districts. I. Commercial and Industrial Equipment and Lot Screening. 1. Purpose. The intent of commercial and industrial lot screening is to ensure that items which cannot be enclosed with a building are screened on all sides from the view of adjacent rights-of-way and more restrictive zoning districts. 2. Lot Screening. The outside storage of salvage or scrap materials, household goods or furniture, or business equipment or materials for more than forty-eight (48) hours shall not be allowed except where permitted by this Code and shall be in compliance with these screening standards. a. Loading, Storage and Service Areas. Loading, storage and service areas shall be visually screened from view of residentially zoned properties with a fence or wall, dense landscape plantings and/or berms. b. Outside Storage Areas. Outside storage shall be limited to areas of the side and rear yards and screened from abutting residential districts and public streets with a wall, opaque fence or combination wall, berm and landscaping, not less than six OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

266 MONROE COUNTY UNIFIED DEVELOPMENT CODE (6) feet in height. The screen design and construction materials shall be approved by the Zoning Administrator. c. No yard or storage lot shall be placed on or maintained within a required yard setback. d. Stored items shall not project above the screening. e. All sites shall be maintained free of vermin infestation and shall be cleaned of litter and loose debris on a regular basis as established by the Zoning Administrator based upon the storage use of the property. J. Timing of Installation of Required Landscaping. All required landscaping materials shall be in place prior to occupancy, weather permitting. In periods of adverse weather conditions, temporary approval to occupy may be granted, subject to the posting of a cash escrow or irrevocable letter of credit in an amount equal to one and one-half (1½) times the estimated cost of the landscaping, with the estimated cost to be certified by the landscape provider. The cash escrow or irrevocable letter of credit may be forfeited if the landscaping is not completed within one (1) year after the approval of the temporary occupancy. Forfeiture of any cash escrow or irrevocable letter of credit shall not relieve the owner of the responsibility to complete the required landscaping. K. General Landscaping and Site Maintenance. 1. The applicant, property owner and/or subsequent or successor owners and their agents shall be responsible for maintenance of any landscaping and any landscaped bufferyard on the property on a continuing basis for the life of the development as specified in this Section. This shall include, but not be limited to, mowing, edging, pruning, fertilizing, watering, weeding and other activities common to the maintenance of landscaping. Failure to maintain the landscape plantings shall be considered a violation of this Code. 2. Landscaped areas shall be kept free of trash, litter, weeds and other materials or plants not a part of the landscaping. 3. All required plant material shall be maintained in a healthy, growing condition appropriate for the season. Plant materials which exhibit evidence of insect pests, disease and/or damage shall be appropriately treated, and dead plants promptly removed and replaced with the next planting season. 6.5 Floodplain Development A. Scope of Floodplain Management. The provisions of this subsection shall apply to all unincorporated areas of Monroe County identified on the Flood Insurance Rate Maps (FIRM) or Floodway Maps as provided by the Federal Emergency Management Agency (FEMA) and determined to be within the Floodway (FW) and Floodway Fringe (FF) districts as defined in this Code. B. Disclaimer of Liability. The provisions of this subsection do not imply or otherwise warrant that areas outside of the Floodway and Floodway Fringe districts or land uses permitted in said districts will be free from flooding or flood damage, nor does this Code create liability on the part of Monroe County, its officers or employees for any flood damages that may result from reliance on these floodplain management provisions, FEMA or any regulations or administrative decision made hereunder. C. Permit Required. In all areas covered by these floodplain management provisions, no development or construction, including manufactured homes located, extended, converted, structurally altered or otherwise, shall be permitted except upon County issuance of a permit to develop granted under the procedures stated herein: 1. No person, firm or corporation shall initiate any development, construction or substantial improvement or cause the same to be done with a designated floodplain without first obtaining a separate permit for development under these floodplain management provisions and in compliance with FEMA regulations. 2. Application for a permit for development, construction or substantial improvement within a designated floodplain shall be made in accordance with this Code. 3. Development shall be limited in the floodplain and shall require engineered flood proofing of businesses and residences. a. No development shall be allowed in the Floodway (FW) district. b. The extent of a one hundred (100) year flood inundation area shall be shown on the plat based on a drainage study by a registered professional engineer. 4. Uses Prohibited in a Floodplain. The following uses shall not be permitted in a floodplain: a. Storage transfer or disposal of hazardous substances; b. Solid waste disposal sites; c. Livestock operations; and d. RV and manufactured home subdivisions. 5. Automatic Equalization of Hydrostatic Flood Forces. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that may be subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

267 MONROE COUNTY UNIFIED DEVELOPMENT CODE requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwater. 6. Enforcement Officer. The Zoning Administrator is hereby designated as the Enforcement Officer for compliance under these floodplain development provisions and FEMA regulations. 7. Duties of Enforcement Officer. The duties of the Enforcement Officer shall include, but not be limited to, the following: a. Review of all applications for development permits to require that sites are reasonably safe from flooding and that the permit requirements of this Section have been satisfied as well as the other requirements of this Code. b. Review of all permits for proposed developments to confirm that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. c. Notify adjacent communities and the State of Iowa Division of Water Resources prior to any alteration or relocation of a watercourse, and to provide evidence of such notification for FEMA. d. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the floodcarrying capacity is not diminished. e. Require verification, recording and updating of records of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, using reference marks ( RM ) established by FEMA. f. Require verification, recording and updating of records of the actual elevation (in relation to mean sea level) using reference marks ( RM ) established by FEMA, to which the new or substantially improved structures have been flood proofed and certified by a qualified individual as defined by FEMA when flood proofing as defined herein is utilized for a particular structure. g. Take any actions necessary to assure compliance with FEMA regulations in the granting or denial of applications for any permits in the Floodway (FW) and Floodway Fringe (FF) districts. h. Require that all proposals for subdivisions and other new development (including manufactured home subdivisions or parks) are consistent with the need to minimize floor damage and that: (1) all public utilities and facilities such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate damage from floods; (2) adequate drainage is provided for the purpose of reducing exposure to flood hazards; and (3) regulatory flood elevations utilizing FEMA RM are included in all proposals for all development. 8. Floodplain Permit Application Requirements. All written applications for development or substantial improvement in said districts shall: a. identify and describe the development to be covered by the permit; b. describe the land on which the proposed development is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or development; c. indicate the use or occupancy for which the proposed development is intended; d. be accompanied by plans and specifications for proposed construction; e. be signed by the proposed permittee or his authorized agent who may be required to submit evidence to indicate such authority; f. provide such other information as reasonably required by the Enforcement Officer or as required from the applicant under any part of this Code including, but not limited to, evidence of compliance with FEMA regulations or guidelines for anchoring to prevent flotation and lateral movement, the use of flood resistant materials and utility equipment and construction methods which minimize flood damage. 9. Variance from Floodplain. In acting upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Code: a. the danger that materials may be swept onto other lands to the injury of others; b. the danger to life and property due to flooding or erosion damage; c. the susceptibility of the proposed facility OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

268 MONROE COUNTY UNIFIED DEVELOPMENT CODE and its contents to flood damage and the effect of such damage on the individual owners; d. the importance of the services provided by the proposed facility to the community; e. the necessity to the facility of a waterfront location, where applicable; f. the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. the compatibility of the proposed use with the existing and anticipated development; h. the relationship of the proposed use to the Master Plan and floodplain management program for that area; i. the safety of access to the property in times of flood for ordinary and emergency vehicles; j the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and k. the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. 10. Limitations on Floodplain Variances. a. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. b. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. c. Variances shall only be issued upon: (1) a showing of good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. d. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation. OCTOBER 6, CHAPTER 6: DEVELOPMENT PROCEDURES

269 MONROE COUNTY UNIFIED DEVELOPMENT CODE Chapter 7: Sign Regulations 7.1 Purpose The purposes of these regulations are to ensure that persons and businesses desiring to exercise their rights under the First Amendment of the U.S. Constitution by expressing commercial and non-commercial messages shall be treated uniformly while ensuring that the public health, safety and welfare are protected. These regulations encourage the effective and safe use of signs as a means of communication while maintaining an aesthetic and safe environment for all. These regulations provide enough flexibility and choice so that economic development and growth can occur while, at the same time, possible adverse impacts upon public and private property are minimized. 7.2 General Prohibitions These general prohibitions apply to all types of signs. A. No sign may encroach on or hang over the highway or road right-of-way except as stated in Section B. No sign may be lighted so it impairs the vision of any motor vehicle driver. C. No sign may obstruct the view of any highway, road or railroad to the extent it makes it dangerous to use the highway, road or railroad. D. No sign may imitate or resemble an official traffic control sign, signal or device. E. No sign may obscure or physically interfere with, an official traffic control sign, signal or device. 7.3 Applicability - Effect Other than lawful nonconforming signs, no signs shall be permitted in any district except in accordance with the provisions of this Chapter. A. The provisions of this Chapter shall apply to the erection, alteration, reconstruction, construction and maintenance of all on-premise and off-premise signs within the County. B. To the extent that any other provision of this Ordinance shall be more restrictive than the provisions set forth in this Chapter, the more restrictive provision shall apply. C. No Content Restrictions. Notwithstanding any other provision of this Chapter, no sign shall be subject to any limitation based on the content of the message contained on such sign. Any sign authorized in this Article may contain noncommercial copy in lieu of any other copy. 7.4 Signs Allowed on Private Property Signs shall be allowed on lots, tracts or parcels within Monroe County in conformance with these regulations. The type of sign permitted, maximum size, maximum height, maximum projection, lighting method, duration of installation and permit requirements shall be in conformance with Exhibit Sign Permits Required The applicant shall obtain a permit to erect a sign or change sign faces prior to commencement of work in conformance with this Section. The purpose of a sign permit is to ensure that signs are safely constructed and comply with the provisions of this Chapter. Signs requiring permits are shown in Exhibit 7.1. Erection of a sign or changing of sign faces without a required permit shall be a violation of this Code. A. Applicability. No person shall erect, change sign faces or alter a non-exempt sign until a sign permit has been issued by the Zoning Administrator. However, the following signs and sign activities shall not require permits provided that no structural change is made to the sign and sign faces are not replaced: 1. Replacing or altering changeable copy on theater marquees, off-premise and similar signs. 2. Touching up or repainting existing letters, symbols and sign cases and poles. 3. Actions taken to ensure that the sign is safe and maintained. 4. Traffic or other municipal or informational signs; legal notices; railroad crossing signs; danger, warning and such temporary, emergency or non-advertising signs necessary for traffic control or as may be approved by the Board of Supervisors. 5. Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface. B. Pre-Application Conference. The applicant is encouraged to meet the Zoning Administrator to discuss the nature of the proposed sign application, the submittal requirements and procedure for action. Requirements and information from the pre-application conference shall be recorded on a form supplied by the Zoning Administrator and made part of the development file upon submittal of an application. C. Application Requirements. Current application materials and schedules for submittal are available during normal business hours from the office of the Zoning Administrator. 1. Application Fees. Any action on an application for the erection, change of sign face or structure or display of a sign pursuant to this Chapter shall be subject to the required fee in the amount as established by the Board of Supervisors. In addition to the sign permit fee, a fee also will be required for an application for a sign variance and a conditional use permit for signs to be reviewed OCTOBER 6, CHAPTER 7: DEVELOPMENT PROCEDURES

270 MONROE COUNTY UNIFIED DEVELOPMENT CODE and approved by the Board of Adjustment. All fees shall accompany the permit application, shall be made payable to Monroe County and shall be submitted to the Zoning Administrator. Under no condition shall the fee or any part thereof for a request for a variance or a conditional use permit be refunded for failure of said request to be approved by the Board of Adjustment. D. Zoning Administrator s Report and Recommendation. When the Zoning Administrator is required to refer an application for a sign permit to the Board of Adjustment, the Zoning Administrator shall prepare a report with a recommendation for action and provide it to the applicant and the Board of Adjustment prior to the hearing regarding the application. The Zoning Administrator shall approve, conditionally approve or deny approval of all sign permits except, however, that applications for conditional use permits and sign variances shall be forwarded to the Board of Adjustment who shall approve, approve with conditions, or deny the application. E. Review Criteria. All signs shall be designed and constructed in accordance with the requirements of this Chapter and all other applicable laws, regulations and ordinances. F. Validity. The sign shall be completed within six (6) months or as otherwise indicated in the sign permit. If no construction of the sign has commenced within this time period, the permit shall no longer be valid and a new sign application shall be required. The sign permit shall be valid as long as the use and sign are in compliance with applicable codes. 7.6 On-Premise Sign Design, Construction, Installation and Maintenance Standards On-premise signs shall not be erected or structurally modified prior to issuance of a permit by the Zoning Administrator. A. Sight Triangle. As determined by the County Engineer, no sign may be located in such a manner that it interferes with the sight triangle necessary for motorists to proceed safely through intersections or to enter onto or exit from public or private streets. Exhibit 7.1 shows the required maximum overall height of a sign if the sign does not interfere with a sight triangle area. B. Sign Setback. Signs shall be setback on private property a minimum of ten (10) feet from the front and back property lines and twenty-five (25) feet from side property lines. Signs shall not be placed within required bufferyards or in setbacks that abut residentially zoned areas. C. Sign Size. On-premise signs shall be in conformance with Exhibit 7.1. D. Distraction. No sign may be erected in such a manner that by its location, color, size, shape or nature of message it would tend to obstruct the view of, or be confused with, traffic signals or other signs erected by governmental agencies. No sign may physically interfere with a motor vehicle operator s view of approaching, merging, or intersecting traffic. E. Illumination. Illumination of signs may be either direct, indirect, backlit or internal in conformance with Exhibit 7.1. Illumination shall not cause a glare, be pulsating, flashing or intermittent or be so bright as to interfere with vision of safe use of the public rights-of-way and roadways. Exterior lighting fixtures shall be shielded to prevent lighting and glare from being directed upon abutting residences or residential districts. F. Maintenance. All signs shall be of sound structural quality, be maintained in good repair and have a clean and neat appearance. All structural members and all advertising copy shall be kept painted and clean so as to prevent deterioration, oxidation, paint fading, paint peeling or other unsightly conditions. Land adjacent to such signs shall be kept free from debris, weeds and trash. G. Secure Installation. Freestanding signs shall be securely fastened to the ground or to some other substantial supportive structure so that there is minimal risk that either the sign or the supportive structure may be moved by physical force, wind or other forces of nature and cause injury to person(s) or property. H. Inspection/Permit Revocation. The Zoning Administrator shall inspect or cause to be inspected all signs and shall require the removal of any sign found to have been established in violation of this Chapter. If a sign is not being maintained and the Zoning Administrator determines it to be a public hazard or nuisance, such a sign shall be ordered repaired or removed. The Zoning Administrator shall give written notice to correct the condition or remove the sign. After two (2) written notices, the Zoning Administrator shall follow the guidelines established in Chapter 9 of this Code. The Zoning Administrator shall require the removal or repair of any sign which is: 1. Not securely affixed to a substantial structure or anchored to the ground. 2. Not in good repair. 3. Related to a business or product which is no longer in operation or available. 4. Unclean or faded to such an extent as to be unsightly. 5. Creating a dangerous or unsafe condition for traffic or pedestrians. 7.7 Exempt On-Premise Signs As noted below, the following signs are excluded from regulation under this Section. Exemption from the sign OCTOBER 6, CHAPTER 7: DEVELOPMENT PROCEDURES

271 MONROE COUNTY UNIFIED DEVELOPMENT CODE regulations does not exempt property owners from duties and responsibilities established by private deed restrictions or covenants. A. Residential Signs. Signs associated with residential use, such as signs identifying personal names or numbers or signs on mailboxes shall be exempt. Signs of a commercial nature, including permitted home occupations and home industry, are not exempt. B. Governmental or Public Utility Signs. Signs erected, by or on behalf of, or pursuant to the authorization of a governmental body or public utility company, shall be exempt. C. Flags. United States, State and County flags up to sixty (60) square feet in size, with a maximum height of thirty (30) feet above ground level, may be erected in any district and shall be exempt from the regulations of this Section. Other flags shall be permitted as signs and shall conform to the applicable regulations for the district in which they are located. D. Decorative/Architectural Features. Integral decorative or architectural features of buildings or works of art, so long as such features or works do not contain letters, trademarks, moving parts or lights. E. Incidental Signs. 1. Commercial Signs. Rear Entrance. Signs on or adjacent to doors at the rear of commercial buildings displaying only the names and addresses of the occupant, which shall not exceed two (2) square feet. Where multiple tenants share the same rear door, the sign may display the names and addresses of each tenant; and 2. Directional Signs. Signs directing and guiding traffic and parking on public or private property but bearing no advertising matter. F. Vehicular Signs. Signs painted on or otherwise permanently attached to currently licensed and operable motor vehicles, which vehicles are not stored in open areas or primarily used as signs. G. Non-Commercial Signs. Signs expressing constitutionally protected speech. H. Warning Signs. Warning signs, no trespassing, no hunting and similar signs not to exceed two (2) square feet in area located on the premises. 7.8 Off-Premise Sign Design, Construction, Installation and Maintenance Standards Off-premise signs shall not be erected or structurally modified prior to issuance of a permit. A. Generally. Off-premise signs shall be limited to the (C) Commercial Service District, I-1 and I-2 Districts. B. Sight Triangle. As determined by the County Engineer, no sign may be located in such a manner that it interferes with the sight triangle necessary for motorists to proceed safely through intersections or to enter onto or exit from public or private streets. Exhibit 7.1 shows the required clearance between the grade level and the bottom of the sign and the maximum overall height of a sign located within a sight triangle area. C. Sign Setback. 1. All off-premise signs shall be ten (10) feet from front and back property lines and shall be twenty-five (25) feet from side property lines. See Exhibit No off-premise or advertising signs shall be located within five hundred (500) feet of a residence, school, park, cemetery or public or semi-public building. 3. No off-premise or advertising signs shall be located within five hundred (500) feet of another off-premise or advertising sign. D. Sign Size. Off-premise signs shall be in conformance with Exhibit 7.1. E. Minimum Parcel Size. No minimum parcel size shall be required for off-premise signs except that the parcel shall be large enough to accommodate the sign in its entirety and shall be adequately described with an approved metes and bounds legal description. In most instances a survey shall be required to adequately describe the parcel. F. Distraction. No off-premise sign may be erected in such a manner that by its location, color, size, shape or nature of message it would tend to obstruct the view of, or be confused with, traffic signals or other signs erected by governmental agencies. No offpremise sign may physically interfere with a motor vehicle operator s view of approaching, merging or intersecting traffic. G. Illumination. 1. Any lighting arrangements, facilities, or fixtures, which are intended to illuminate any sign, shall be hooded, shielded, or diffused in such a manner as to prevent any beams or rays of light from being directed into any portion of pavement of a highway or road or onto any residence or Residential District. 2. No off-premise sign shall be permitted with moving, flashing, or pulsating lighting arrangements, or which give the visual illusion of such arrangements; nor any revolving or rotating signs. H. Maintenance. All off-premise signs shall be of sound structural quality, be maintained in good repair and have a clean and neat appearance. All structural members and all advertising copy shall be kept painted and clean so as to prevent deterioration, oxidation, paint fading, paint peeling or other unsightly conditions. Land adjacent to such signs shall be kept free from debris, weeds and trash. I. Identification. Each off-premise sign shall have a placard of identification affixed to the side of the OCTOBER 6, CHAPTER 7: DEVELOPMENT PROCEDURES

272 MONROE COUNTY UNIFIED DEVELOPMENT CODE off-premise sign, or it s supporting structure, nearest to and visible from the pavement. The placard shall be made of durable material and shall contain the name of the sign owner(s) and the sign permit number. Lack of such a placard or the illegibility of the information required thereon, shall be considered just cause for revocation of the conditional use permit and subsequent removal of the sign. J. Secure Installation. Freestanding off-premise signs shall be securely fastened to the ground or to some other substantial supportive structure so that there is minimal risk that either the off-premise sign or the supportive structure may be moved by physical force, wind or other forces of nature and cause injury to persons or property. K. Inspection/Permit Revocation. The Zoning Administrator shall inspect or cause to be inspected all signs and shall require the removal of any sign found to have been established in violation of this Chapter. If a sign is not being maintained and the Zoning Administrator determines it to be a public hazard or nuisance, such a sign shall be ordered repaired or removed. The Zoning Administrator shall give written notice to correct the condition or remove the sign. After two (2) written notices, the Zoning Administrator shall follow the guidelines as established in Chapter 9 of this Code. The Zoning Administrator shall require the removal or repair of any sign which is: 1. Not securely affixed to a substantial structure or anchored to the ground. 2. Not in good repair. 3. Related to a business or product which is no longer in operation or available. 4. Unclean or faded to such an extent as to be unsightly. 5. Creating a dangerous or unsafe condition for traffic or pedestrians. 7.9 Temporary Signs (On-Premise or Off-Premise) Temporary advertising devices erected for the purpose of notifying the public of non-commercial community events including but not limited to fairs, centennials, festivals, and celebrations open to the general public and sponsored or approved by a city, county or school district. A. Temporary Signs. These signs are limited to banners and window signs but shall not include portable signs, sandwich signs, spring back or similar signs and shall be permitted subject to the following requirements: 1. Term: No more than thirty (30) days prior to the date of the special event. 2. Number: One sign per lot or parcel. 3. Other Conditions: Allowed in all districts subject to the other requirements of that district. 4. Size: Refer to Exhibit 7.1. B. Temporary Street Banners. The Board of Supervisors may authorize the installation of street banners within the public right-of-way to advertise special events beneficial to the public and community. Street banners permitted by the Board of Supervisors shall not require sign permits. C. Permits for Temporary Signs. The procedures for permitting a temporary sign shall be the same as those required for permanent signs as in Section 7.5. D. Removal of Temporary Signs. Temporary signs, installation materials and securing materials shall be removed upon expiration of the temporary sign permit. Any temporary sign or related installation structure that is not removed within forty-eight (48) hours of the expiration of the permit shall be a violation of this Section of the Code. E. Temporary Sign Appearance and Installation. Temporary signs for special events may be approved provided the signs do not have moving parts, blinking or flashing lights, glaring lights, neon or extensive use of bright, offensive colors. All temporary signs shall be secured on at least two sides to the ground or a building or structure or self supporting to prevent the sign from being moved by physical or weather forces Exempt Temporary Signs (On-Premise or Off-Premise) Placement of temporary, non-illuminated signs are permitted, without the granting of a permit, in any zoning district provided they meet the following conditions. A. The intent is to direct attention to orchards, berry farms, seed corn test plots, auctions, garage sales, community events or similar activities; B. Sign placement occurs no more than ninety (90) days during a calendar year; C. Sign placement occurs on private property with permission from the property owner; and D. For maximum size and height refer to Exhibit Signs in the Public Rightof-Way No temporary or permanent signs shall be permitted in a public right-of-way except for the following: A. Public/Governmental. Public or governmental signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic. B. Transportation. Bus stop signs, commuter parking lot signs or other signage for public transportation erected by a public transportation entity except for advertising of non-public transit products or services. OCTOBER 6, CHAPTER 7: DEVELOPMENT PROCEDURES

273 MONROE COUNTY UNIFIED DEVELOPMENT CODE C. Public Utility. Informational signs and public utility signs regarding its poles, lines, pipes or facilities. D. Emergency. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within a public right-of-way. E. Directional Signs. Directional signs are intended to provide the motorist with specific information about activities or sites of significant interest to the traveling public. Monroe County will use Iowa DOT s requirements pertaining to directional signs Political Signs Political signs are signs erected to solicit votes or support for, or in opposition to any candidate or any political party under whose designation any candidate is seeking nomination or election. Political signs may also contain messages concerning any public question on the ballot in an election held under the laws of the state. Political signs shall be regulated by the Code of Iowa Prohibited Signs The following signs shall not be permitted in any district: A. Signs with flashing, pulsating or glaring parts and signs which resemble traffic control signs or devices or use the words "stop", "slow", "danger", "caution" or the like; B. Strings of lights, pennants, banners except as allowed in Section 7.7, search lights, beacons; C. Abandoned signs or signs advertising a business, service or product no longer offered on the premises; D. Signs containing obscene messages or false or misleading advertising or information; E. Off-premise signs except as allowed under Section 7.8; F. Signs located within a sight triangle, attached to trees, telephone poles, public benches, streetlights, utility poles, fences, or placed on any public property or public right-of way; and G. Signs placed on vehicles or trailers, which are parked or located for the primary purpose of displaying said sign Master or Common Signage Plans A. Purpose. The purpose of a master signage plan is to establish a planned method of sign usage for a group of signs installed within a specific area. The signage shall be designed for the tenants of the building and shall be uniform to the extent that the signage promotes the theme of the center in an aesthetic manner. The Zoning Administrator will maintain the master signage plan for future use to ensure consistency when new sign permits are issued for new tenant signs. B. Master Signage Plan Contents. The site plan submittal shall include the master signage plan, which shall show the following information: 1. Plot plan at scale; 2. Location of buildings, parking lots, driveways and landscaped areas; 3. Computation of the maximum total sign area, maximum area of individual signs, height of signs, number of freestanding signs; 4. Location of signs on buildings, structures, and lots; 5. Setbacks and projection dimensions; and 6. Color scheme, lettering and/or graphic style, lighting, material and sign proportions; C. Master Signage Plan for Planned Unit Development. A master signage plan shall be required for planned unit developments and shall be included with the preliminary and final plans Non-Conforming Signs A. Purpose. The purpose of this Section is to provide for the regulation of signs and sign structures which legally existed prior to the effective date of this Chapter, but which fail to comply with one (1) or more of the applicable regulations or standards established by this Chapter or subsequent amendment(s) of this Chapter, or which have been rendered nonconforming due to circumstances which were not self-created. This Section recognizes that nonconforming situations that are otherwise lawful have a vested property right so long as they remain lawful otherwise. It is the intent of these regulations to specify those circumstances and conditions under which such nonconformities shall be permitted to continue. B. Applicability. These regulations apply to nonconforming signs and sign structures which were originally allowed and have been maintained over time. These signs and sign structures have legal nonconforming status and may continue so long as they are legal otherwise. Nonconforming signs and sign structures that were not permitted when they were established and have been maintained over time, have no legal right to continue and shall be terminated. C. Status of Legal Nonconforming Signs. Any onpremise or off-premise sign which was lawfully established, erected or affixed prior to the adoption of this Chapter and which complied with all regulations in force at the time it was erected or affixed, but which fails to conform to all applicable regulations and restrictions of these regulations, shall be considered a legal nonconforming sign. A legal nonconforming sign may be continued so long as it is in conformance otherwise with these standards and is maintained in good condition. The owner of a sign shall register the sign with the Zoning Administrator and shall provide OCTOBER 6, CHAPTER 7: DEVELOPMENT PROCEDURES

274 MONROE COUNTY UNIFIED DEVELOPMENT CODE documentation of the prior existence of the nonconformity within twelve (12) months of the adoption of this Chapter. Documentation may include: 1. A dated receipt for sale or erection from a sign contractor or sign shop; 2. Dated utility bills for separate meter to service this sign; 3. Advertisements with a photograph of the sign in dated publications; or 4. Documentation from the County Assessor. D. Determination of Legal Nonconforming Status. Owners of nonconforming signs and sign structures shall notify the Zoning Administrator and shall provide evidence to the Zoning Administrator within twelve (12) months of adoption of this Chapter documenting that the nonconforming sign or sign structure was permitted at the time it was established. 1. If the Zoning Administrator determines that the nonconforming sign was permitted at the time of initial construction or installation and has been legally maintained over time, then the Zoning Administrator shall issue a Certificate of Nonconforming Use Status to the applicant. 2. If the Zoning Administrator determines that the nonconforming sign was not permitted at the time of initial construction or installation but has been maintained over time, then the Zoning Administrator may issue an Order of Removal to the applicant. E. Prohibited Nonconforming Signs. Any sign that is prohibited under this Chapter shall be removed or made to conform to the current sign regulations within thirty (30) days of receipt of a notice of nonconformity. F. Conditions Under Which Legal Nonconforming Signs Shall Be Permitted to Continue. 1. The message displayed on a nonconforming sign may be changed and painted messages on a nonconforming sign may be repainted. 2. A non-illuminated, nonconforming sign shall not be illuminated. 3. A nonconforming on-premise sign may be changed or altered for the express purpose of making it a conforming sign. 4. In order to eliminate unsafe condition(s), the Zoning Administrator may order that repairs and/or alternations be made to a nonconforming sign. Such ordered repairs shall be the minimum necessary to correct an unsafe situation(s). 5. The type of materials used in the construction of the structural elements of a sign shall not be changed after the date the sign becomes a nonconforming sign nor shall structural alterations be made to a nonconforming sign except as may be required. 6. Nothing contained in this Section shall be construed so as to permit the enlargement of a nonconforming sign. G. Conditions Under Which Nonconforming Signs Shall Not Be Permitted to Continue. 1. Illegal Sign. The sign was not established or expanded in conformance with the regulations of this Chapter or previous ordinances adopted by the County to regulate advertising and signs. 2. Destruction or Damage Unintentional. If any nonconforming sign is completely destroyed or damaged, due to circumstances beyond the control of the owner or his agents, to the extent of 50% or more of the replacement cost of the sign and its structure, as determined by a certified real estate appraiser, the sign shall not be replaced. 3. Destruction or Damage Intentional. A sign which has been intentionally damaged by fire or other causes within the control of the owner or his agents shall not be permitted to be rebuilt or re-established. 4. Value of Maintenance or Repairs Excessive. If the value of maintenance or repairs to ensure the safety and compliance of the sign with the regulations of this Chapter, is 50% or more of the fair market value of the property, as determined by a certified real estate appraiser, the sign shall be brought into conformance with the provisions of this Chapter. 5. Cessation of Use of Property for Which a Sign was Used. A nonconforming sign shall be removed or made to conform with all the requirements of this Chapter if one (1) or more of the following occurs: a. The use of the property for which the sign was intended to advertise is discontinued for a period of one hundred eighty (180) consecutive days. b. The products or services offered on the site for which the sign was intended are no longer offered for a period of one hundred eighty (180) consecutive days. c. The nonconforming sign ceases to be used for the purpose for which it was intended for a period of one hundred eighty (180) consecutive days. 6. Time for Compliance: Non-Conforming Signs without Permits. a. Legal Non-Conforming Signs. Where a non-conforming sign is installed on a lot or parcel on which a certified, legal nonconforming use was in operation but ceased to be operated as the nonconforming use for a period of three hundred sixty-five (365) consecutive days, said sign shall be removed or made to conform with all the requirements of this Section. OCTOBER 6, CHAPTER 7: DEVELOPMENT PROCEDURES

275 MONROE COUNTY UNIFIED DEVELOPMENT CODE b. Prohibited Non-Conforming Signs. Any sign that is prohibited under Section 7.13 shall be removed or made to conform to the current sign regulations within thirty (30) days of receipt of notice of nonconformity Variance A. Requesting a Variance. When requesting a variance, it shall be the responsibility of the applicant to show how the sign, property and/or particular circumstance creates a practical difficulty or unnecessary hardship as defined in Chapter 2.3.J of this Code. B. Additional Criteria. Before granting any variance, the Board of Adjustment shall find all of the following: The proposed variance, if granted, would: 1. Not eliminate an adequate supply of light or air to adjacent property nor endanger the safety of the public. 2. Not be unduly injurious to the use and enjoyment of adjacent property nor would it substantially diminish property values in the neighborhood. 3. Not permit obtrusive or incompatible signs to injury the character of the neighborhood. 4. Not obstruct significant views. 5. Not to obstruct vision where such obstruction could create a traffic hazard. 6. Be in keeping with the general spirit and intent of this Chapter. 7. A variance, if granted, shall be limited to the minimum variance necessary to resolve, in whole or in part. C. Granting a Variance. In granting a variance, the Board of Adjustment may impose such conditions upon the sign and/or premises receiving the variance as may be necessary to ensure that the variance shall be in conformance with all applicable laws, regulations and ordinances. other advertising structures are hereby declared to be a public nuisance. When any sign is removed summarily without notice, the owner or lessees thereof shall have the right to a post-seizure administrative hearing to determine whether there was probable cause to remove the sign. Nothing contained herein shall prevent the County from taking such other lawful actions as may be necessary to prevent or remedy any violation. B. Appeal of Decisions of Zoning Administrator. Where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator, any aggrieved person(s) may appeal the order, requirement, decision or determination to the Board of Adjustment Enforcement A. Enforcement by Zoning Administrator. If the Zoning Administrator shall find that any sign or other advertising structure regulated herein is unsafe or insecure, is a menace to the public, is abandoned or maintained in a dilapidated condition, or has been constructed or erected without a permit or is being maintained in violation of the provisions of this Chapter, he/she shall give written notice to correct the condition or remove the sign. After two (2) written notices, the Zoning Administrator shall follow the guidelines as established in Chapter 9 of this Code. The Zoning Administrator may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily without notice. Such signs or OCTOBER 6, CHAPTER 7: DEVELOPMENT PROCEDURES

276 MONROE COUNTY UNIFIED DEVELOPMENT CODE Zoning District Exhibit 7.1: Signs Permitted With and Without Permits in Zoning Districts Type of Sign Permanent On-Premise Signs Identification of premises, product, material or equipment for sale/use on A-1, A-2 premise - one sign Subdivision Signs - one per R-1, R-S entrance, monument base On-Premise: Any Combination of wall sign, fascia sign, or freestanding polemounted or monument base Commercial sign. Roof signs I-1, I-2 are not permitted Off-Premise and Billboard Signs Commercial I-1, I-2 Maximum Sign Area or Maximum Size of Sign Per Face (Square Feet) 20 square feet total Maximum Height 10 feet Lighting Duration Permit Direct, indirect, back lit or internal Permanent Yes 20 square feet total 5 feet Indirect Permanent Yes Total Sign Area: 200 square feet 25 feet Off-Premise signs: Identification of off-premise, product, material or equipment for sale/use offpremise/one sign 200 square feet 25 feet Internal, indirect, direct or back lit Permanent Yes Direct or indirect Permanent Yes OCTOBER 6, CHAPTER 7: DEVELOPMENT PROCEDURES

277 MONROE COUNTY UNIFIED DEVELOPMENT CODE Zoning District Type of Sign Maximum Sign Area or Maximum Size of Sign Per Face (Square Feet) Maximum Height Temporary Signs Signs to direct attention to orchards, berry farms, seed corn test plots, community events All or similar activities 10 square feet 5 feet Unlighted Lawn Signs, (real estate signs, garage sale, All auctions, etc.) 5 square feet 3.5 feet Unlighted Political - Regulated by the All Code of Iowa Banner - Civic, community event, or business 32 square feet Unlighted Lighting Duration Permit Remove upon sale, lease, hire No more than 90 days in a calendar year 30 days prior to the event. Must be removed immediately following the event Miscellaneous Signs A-1, A-2, R-1 R-S Home Occupation 20 square feet 10 feet Unlighted Permanent Yes A-1, A-2, Home Industry 20 square feet 11 feet Unlighted Permanent Yes Flags (United States, State, County) a) Up to 60 square feet Exempt All b) 60 square feet and over Conform to applicable district regulations No No No No OCTOBER 6, CHAPTER 7: DEVELOPMENT PROCEDURES

278 MONROE COUNTY UNIFIED DEVELOPMENT CODE Zoning District Type of Sign Maximum Sign Area or Maximum Size of Sign Per Face (Square Feet) Maximum Height Lighting Duration Permit All R-1; R-S All All All All Governmental, Public Utility, or Emergency Signs Residential Signs - Signs associated with residential use, such as signs identifying personal names or numbers or signs on mailboxes Vehicular Signs - Signs painted or otherwise attached to currently licensed and operable motor vehicles (not stored in open areas) primarily used as signs Non-Commercial Signs - Signs expressing constitutionally protected speech Warning Signs - Warning signs, no trespassing, no hunting and similar signs not too exceed two (2) square feet in an area located on the premise Directional signs - Intended to provide motorist with specific information about activities or sites of significant interest to the traveling public Exempt Exempt Exempt Exempt Exempt Must comply with Iowa DOT requirements and regulations OCTOBER 6, CHAPTER 7: DEVELOPMENT PROCEDURES

279 MONROE COUNTY UNIFIED DEVELOPMENT CODE SET BACK STANDARDS: 1.) Set-backs for on-premise signs: Minimum of ten (10) feet from the front and back property lines and twenty-five (25) feet from side property lines. Signs shall not be placed within required buffer yards or in set-backs that abut residentially zoned areas. 2.) Set-backs for off-premise signs: a. All off-premise signs shall be ten (10) feet from the front and back property lines and twenty-five (25) feet from side property lines. b. No off-premise or advertising signs shall be located within five hundred (500) feet of a residence, school, park, cemetery or public or semipublic building. c. No off-premise sign or advertising signs shall be located within five hundred (500) feet of another off-premise or advertising sign. OCTOBER 6, CHAPTER 7: DEVELOPMENT PROCEDURES

280 MONROE COUNTY UNIFIED DEVELOPMENT CODE Chapter 8: Adequate Public Facilities Required 8.1 Adequate Public Facilities A. Purpose. The purpose of these regulations is to ensure that land proposed for development shall be served by public facilities, at the levels of service established by Monroe County, which are adequate to support and service the area of the proposed development. Land shall not be approved for development unless and until adequate public facilities exist or provision has been made for the following essential public facilities: water service, wastewater treatment and disposal, storm water management, electrical service, telecommunications service and streets and public transportation facilities. Public facilities shall be provided in a manner that is consistent with the Comprehensive Plan, this Code and other standards adopted by the County. 1. New development shall provide adequate facilities and services to accommodate demands from proposed development in conformance with the minimum standards established in Sections 8.1 through 8.6 of this Code. 2. Un-constructed improvements shall be bonded prior to the recording of the final plat in conformance with Section 2.3 of this Code. 3. New development shall be phased in at a pace that will ensure the adequate provision of community facilities and services for proposed and future development. 4. Each phased development project shall be designed so that the project is capable of functioning effectively and independently at completion of each phase. 5. Adequate roadway facilities shall be provided concurrently with new development and shall be designed and constructed in conformance with applicable County standards. 6. All required facilities shall be inspected and approved by the County prior to issuance of a building permit, except sidewalks. B. Consistency with Master Plan Required. Proposed public improvements shall conform to and be properly related to Monroe County s Master Plan and all applicable capital improvement plans. C. Water. All habitable buildings and buildable lots shall be connected to a public or private water system capable of providing water for health and domestic purposes, including adequate fire protection as required in Section 8.2. D. Wastewater. All habitable buildings and buildable lots shall be served by an approved means of wastewater collection and treatment as required in Section 8.3 or 8.4. E. Storm Water Management. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in peaks or velocity of downstream flooding. The County may require the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed development pursuant to Section 8.5. F. Streets. Proposed streets shall provide a safe, convenient and functional system for vehicular, pedestrian and bicycle circulation, shall be properly related to the Master Plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Adequate street capacity and street design and construction shall be done in conformance with the standards in Section 8.6. New development shall contribute to the construction of the transportation facilities needed to meet the demands attributable to the development. Such roadways shall be provided concurrently with new development. The subdivider shall provide the grading of the entire street right-of-way, alley or public place and pave the streets in conformance with Section 8.6. Dedication of rights-of-way and other access easements necessary for needed transportation facilities for current and future phases shall be required of new development. G. Extension and Oversized Facilities Policies. All public improvements and required easements shall be extended through the parcel on which new development is proposed. Streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunications lines shall be constructed through new development to promote the logical extension of public infrastructure. The County may require the applicant of a subdivision to extend offsite improvements to reach the subdivision or to oversize required public facilities to serve anticipated future development as a condition of map approval. Reimbursements for oversized facilities shall be determined by the County in accorance with policy and as stated in this Chapter. H. Phasing. The County may require the phasing of development or improvements to maintain adopted levels of service for existing public services and facilities or for other reasons based upon maintaining the health, safety and general welfare of the County's inhabitants. I. Easements/Rights-of-Way. 1. Except as otherwise provided in this Code, an applicant for a development approval shall ensure that adequate on-site and off-site easements are provided for future roadways, water, wastewater and other public utilities. 2. The property owner shall grant adequate utility easements for all public and private utilities along rear and side property lines as OCTOBER 6, CHAPTER 8: DEVELOPMENT PROCEDURES

281 MONROE COUNTY UNIFIED DEVELOPMENT CODE recommended by the Zoning Administrator. Utility easements shall be shown on the plat and dedicated in conjunction with recordation of the final plat. 3. All public utility easements shall be at least ten (10) feet wide. Additional width may be required for unusual topography or for easements needed for multiple utilities to ensure the proper placement and maintenance of utility lines. 4. Except where prohibited by topography, easements shall be located on the centerline of lot lines. The County may require all easements for drainage or sewer to be selectively cleared of undergrowth, trees and other obstructions by the applicant prior to final approval of the easement. No buildings or structures, except as necessary for utilities, shall be permitted within or on easements. 5. An applicant shall provide adequate on-site rights-of-way for anticipated traffic demands in a manner consistent with this Code, the Master Plan and project specific traffic impact analysis (TIA), if applicable. If a TIA, prepared in accordance with Section 8.6, shows that a proposed development creates the need for additional off-site right-of-way, the applicant may be required to provide right-ofway proportional to the demand created prior to development approval. 6. Where streams and watercourses are located within a subdivision, the sub-divider shall dedicate easements on both sides of the watercourse to permit proper maintenance by the County. J. Construction and Materials. Except as otherwise provided in this Code, the construction and material specifications shall comply with the standards established by the Iowa Department of Transportation (IADOT), except as modified by policies and codes adopted by the Board of Supervisors. K. Inspections/Acceptance. The County will inspect public improvements to ensure that such improvements are constructed to County standards and specifications. County acceptance of required improvements shall be required prior to use or occupancy of a development. The cost of inspection shall be borne by the applicant. If needed, a third party licensed Engineer may be required to inspect the public improvement. All costs and expenses shall be paid by the applicant. L. Maintenance. The County shall require performance bonds and/or maintenance guarantees/warranty agreements for any street, wastewater line or drainage facility as a condition of accepting such improvement. OCTOBER 6, CHAPTER 8: DEVELOPMENT PROCEDURES

282 MONROE COUNTY UNIFIED DEVELOPMENT CODE Exhibit 8.1: Improvement Requirements for New Development by Zoning District Classification Facilities/ Improvements Zoning District A-1 A-2 R-1:R-S C I-1 I-2 Legal Access Τ Τ Τ Τ Τ Τ Grants of Rights-of-Way and Easements Τ Τ Τ Τ Τ Τ Paved Access Arterial Collector Road Local Road Τ Τ Τ Τ Τ Τ Chip Sealed Access Arterial Collector Road Local Road Gravel Access Arterial Collector Road Local Road Τ Τ Τ Τ Τ Τ Τ Τ Τ 1 Τ Τ Τ Electricity Τ 3 Τ 3 Τ Τ Τ Τ Wastewater Centralized Service On-Site Systems Τ Τ Water Centralized Service Individual Well Τ Τ Τ 4 Τ 5 Τ 5 Τ Τ Τ Τ 5 Τ 5 Τ 5 Fire Protection Fire Flow 6 Τ Τ Τ Τ Notes for Improvements Standards Matrix 1) Local roads need not be paved or chip-sealed unless the average daily trip counts on the roadway are projected to exceed two hundred fifty (250) trips. For local streets projected to carry more than two hundred fifty (250) vehicles per day at full development, the County will determine the most appropriate surface. 2) Requirements for these improvements may be waived by the County along local streets and where the minimum lot size is one-half (½) acre or more. If located more than one-fourth (¼) mile from the Towns of Albia, Lovilia or Melrose and lot size is one-half (½) acre or more, the County may accept graded gravel walkways or other acceptable pedestrian/bicycle conveyances. 3) Connection to public electric utility is required if service is available. However, alternative sources of power may be provided. 4) On-site disposal systems may be authorized by the County for lots of two (2) acres or larger, provided no wastewater facilities are located within four hundred (400) feet of the proposed development. 5) Centralized service requirements may be waived by the County for developments with a minimum lot size of two (2) acres, provided the applicant demonstrates the availability of water for domestic use. 6) Where centralized systems are unavailable or inadequate to provide required fire flow, the applicant may be required to construct and dedicate a standpipe or other suitable water source for fire protection as approved by the County. OCTOBER 6, CHAPTER 8: DEVELOPMENT PROCEDURES

283 MONROE COUNTY UNIFIED DEVELOPMENT CODE 8.2 Water A. Generally. All new buildable lots within a subdivision shall be connected to a centralized public water system which is capable of providing water for health and domestic purposes, including adequate fire protection as required in Exhibit 8.1. A signed agreement from the public utility shall be obtained indicating that the water system is adequate to provide services to the sub-division as a whole. All new buildable lots (outside a subdivision and in the unincorporated area of the county) shall be connected to a potable water system which is capable of providing water for health and domestic purposes, including adequate fire protection as required. All individual systems and all centralized public water systems shall be constructed in accordance with the adopted Monroe County Board of Health Rules and Regulations and inspected by the Monroe County Sanitarian. Centralized water facilities shall be designed in accordance with Iowa Design Standards and requirements of the DNR for public and non-public water supplies, as applicable. The Zoning Administrator and Zoning Commission may recommend and the Board of Supervisors may approve subdivisions which do not comply with the guidelines in Exhibit 8.1, subject to the following conditions: 1. The applicable water supplier has reviewed the proposed development and stated in writing that it has budgeted improvements to provide water supplies consistent with the guidelines in Exhibit 8.1 within two (2) years. 2. The Board of Supervisors finds that the proposed development: a. will be adequately served for normal water demands; b. will not reduce system water pressures or supplies so as to create a hazard to the public health or safety within other development served by the water system; c. will not pose a threat to life or property within or adjacent to the proposed development due to inadequate fire protection; and d. will not impede the logical extension of services to serve growth in the County in accordance with the Master Plan. B. Off-Site Improvements. The developer shall provide for on-site and off-site improvements required to adequately serve a proposed development, provided, however, that the Zoning Administrator may authorize development to proceed if the water provider certifies that the necessary capital improvements have been funded for construction within two (2) years of recording of the final plat. In no event shall approval be granted to allow occupancy prior to connection to an adequate public water supply. C. Extension/Oversizing. The Board of Supervisors may require that water lines be oversized and be phased in coordination with the pace of new development to ensure the development will be adequately served by community facilities and services. The sub-divider shall be required to provide water systems with adequate capacity to serve the subdivision and all proposed future expansions. An agreement with Rural Water or the City, (whichever is applicable) and reviewed by the County will be obtained to make sure all appropriate regulations have been met. Water systems shall be extended to the boundaries of the subdivision when required to facilitate future extensions of such systems. When over-sizing of a water main in excess of the County s design standards is required by the Board of Supervisors to facilitate community usage, the County may reimburse the construction cost of the oversize to the sub-divider upon completion and approval of such improvements, if jointly agreed upon in writing in advance of the construction. D. Water System Easements. The applicant shall dedicate adequate easements to accommodate all water system facilities required to serve new development, except individual service lines. The County Engineer, in consultation with the water provider, shall identify the location and dimensions of required easements, but in no instance shall an easement be narrower than ten (10) feet in width. Easements should follow property lines to the greatest extent possible. E.Individual Wells and Central Water Systems. 1. Public Water Supply Unavailable. Where public water supply is not available and the density of the subdivision is two (2) units per acre or less, individual wells may be used to provide water to each and every lot within the subdivision. The applicant shall demonstrate the availability of water for domestic use and shall submit samples of the water to the Monroe County Health Department for its approval. Individual wells shall be approved by the appropriate health authorities and such approvals shall be submitted to the Zoning Commission for approval prior to final subdivision plat approval. 2. Public Water Supply Available in the Future. If the Zoning Commission requires that a connection to a public water main be made in the future when the main becomes available, the applicant shall make arrangements to receive future water service prior to approval of the final plat. The Zoning Commission may require a performance or cash bond to ensure compliance. F. Fire Protection. In all rural areas an agreement with the appropriate fire district shall be obtained to make sure adequate fire protection will be available OCTOBER 6, CHAPTER 8: DEVELOPMENT PROCEDURES

284 MONROE COUNTY UNIFIED DEVELOPMENT CODE for the planned development. 8.3 Centralized Wastewater Systems A. Generally. All habitable buildings and buildable lots shall be served by an approved means of wastewater collection and treatment as follows: 1. Centralized wastewater collection and treatment shall be required for any new development of lots in residential districts that are smaller than two (2) acres and any manufactured home park allowing more than one (1) unit per two (2) acres. 2. Centralized wastewater collection shall be required for all development of lots smaller than two (2) acres that is located within a reasonable distance of an existing wastewater system which can provide adequate service. 3. On-site disposal systems may be authorized by the County for lots of two (2) acres or larger, provided: a) no wastewater facilities are located within a reasonable distance of the proposed development; and b) be subject to a satisfactory perc test and/or a soil analysis is conducted by a competent professional and approved by the Monroe County Sanitarian. 4. If centralized water service is provided, then the Monroe County Board of Health may recommend, and the Board of Supervisors may approve, the use of on-site systems on lots smaller than two (2) acres, subject to the provisions of Section 8.2. B. Design Standards. All wastewater systems shall be designed and constructed to comply with state and local standards as determined by the County Sanitarian. 1. These design standards are not intended to cover extraordinary situations. Deviations will be allowed and may be required in those instances where recommended by the Monroe County Sanitarian and Monroe County Health Department. 2. Sanitary sewer systems shall be designed and built for the ultimate tributary population. Sewer capacities shall be adequate to handle the anticipated maximum hourly quantity of sewerage and industrial waste together with an adequate allowance for infiltration and other extraneous flow. Design flows shall be subject to approval of the Monroe County Sanitarian and Monroe County Health Department and/or Department of Natural Resources (DNR) for each particular development. C. Off-Site Improvements. The developer of a parcel shall provide for on-site and off-site improvements required to adequately serve a proposed development, provided, however, that the Zoning Administrator may authorize development to proceed if the service provider certifies that the necessary capital improvements have been funded for construction within two (2) years of plat recordation. In no event shall a zoning permit be granted prior to connection to an approved wastewater system, unless the Board of Supervisors has approved an interim service plan. D. Extension/Over-sizing. Upon recommendation of the County Engineer and the Monroe County Sanitarian, the Board of Supervisors may require that wastewater lines be over-sized to accommodate planned and future development. E. Wastewater System Easements. The property owner shall dedicate adequate easements to accommodate all wastewater system facilities required to serve new development, except individual service lines. The Monroe County Sanitarian shall identify the location and dimensions of required easements, but in no instance shall an easement be narrower than ten (10) feet in width. Easements should follow property lines to the greatest extent possible. 8.4 Private (On-site) Wastewater Systems A. Generally. Where on-site sewage disposal systems are to be installed, they shall be subject to County approval and in compliance with applicable State and County regulations. B. Permit Required. Any person who desires to install, add to, alter, expand or repair a private waste treatment system shall make a written application on forms provided by the Monroe County Sanitarian. No person shall install, add to, alter, expand or repair a private waste treatment system without a valid permit issued by the County Sanitarian. C. Failure to Comply with Stop Work Order. Failure to comply with a stop work order or other lawful order of the Monroe County Sanitarian or Monroe County Health Department issued pursuant to this Section is a violation of these regulations. D. One Residence Per Individual On-Site System. Only one residence shall be connected to an individual on-site sewage treatment system, except that the County Sanitarian and County Health Department may jointly authorize connection of additional units upon finding that the system can accommodate all uses. E. When Private Waste Treatment System Constitutes a Public Nuisance. Any private waste treatment system installed, added to, altered, expanded or repaired in violation of this Section and the rules and regulations of the County or State is a threat to the health, safety and welfare of the County and is a public nuisance. OCTOBER 6, CHAPTER 8: DEVELOPMENT PROCEDURES

285 MONROE COUNTY UNIFIED DEVELOPMENT CODE F. Private Waste Treatment, Issuance of Permit. The Monroe County Sanitarian and Monroe County Health Department shall issue the appropriate permit in compliance with this Section and any rule or regulation adopted pursuant to this Section, and payment of the appropriate fee. G. Private Waste Treatment, Standards. All private waste disposal systems shall be installed, altered, expanded, repaired or operated according to State and the Monroe County Board of Health Adopted Rules and Regulations and the following standards: 1. Not Create a Public Nuisance. The location and installation of private waste disposal systems shall be such that with reasonable maintenance, the private waste disposal system will function in a sanitary manner and will not create a nuisance, health hazard or endanger the safety of any domestic water supply. 2. Factors Considered. When reviewing an application for a subdivision with individual waste treatment systems, consideration shall be given to the size and shape of the lots, slope of natural and finished grade, soil type and classification, depth of ground water bedrock, or any limiting layer, proximity of existing or future water supplies and possible expansion of the system. 3. Designed to Receive All Sewage. The systems shall be designed to adequately receive all sewage from the dwelling. Footing or roof drainage shall not enter any part of the systems. 8.5 Stormwater Management A. Purpose. The purpose of these stormwater management provisions is to protect life and property from reasonably preventable flood hazards; protect the quality of surface waters from contamination; and to minimize loss of valued wildlife by preserving habitat and linkages between wildlife habitat areas. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding. Storm water drainage systems shall be separate and independent of any sanitary sewer system whether public or private. The County may require the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed development to achieve these purposes. B. Design Standards. Storm water systems shall be designed to State Standards unless otherwise stated below. 1. Where appropriate, natural drainageways shall be retained to minimize interference with potential flood water conveyance, flood water storage, wetlands, and both surface and subsurface hydrology. The County Engineer may recommend approval of modifications to natural channels that are consistent with the other provisions of the Code. 2. Storm sewers, where required, shall be designed by the Rational Method or other method approved by the County Engineer and a copy of the design computations shall accompany the plans. 3. On-site storm water detention basins shall be required where needed to protect public or private property from increased volumes or velocity of storm water runoff. 4. Erosion and sedimentation controls shall be required during and after new construction as needed to prevent increased erosion or increased deposits of material downstream from the development. 5. Development design shall accommodate one hundred (100) year floods and smaller, more frequent floods along major and minor waterways without damage to private property or public facilities. 6. Storm water systems shall be designed to minimize future operational and maintenance expenses. 7. Storm water systems shall be designed to reduce the exposure of streets, utilities and other public facilities to damage from storm water. Culverts and inlets shall be provided so that surface water is not carried across or around any intersections nor for a distance of more than six hundred (600) feet in the gutter. Surface water drainage patterns shall be shown for each lot and block of the subdivision. 8. Every parcel less than five acres (5) shall have at least one (1) all-weather access designed to remain open during the one hundred (100) year storm event. 9. Storm water drainage easements may be required where necessary for County maintenance of dedicated storm water facilities. Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within the road right-of-way, perpetual, unobstructed easements at least fifteen (15) feet wide for drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be shown on the plat. 10. Low-lying land along watercourses subject to overflowing or flooding during storms and land in flood plains shall not be used for drainage ways and surface water drainage shall be diverted away from this area. The area shall be preserved and retained in its natural state. Such land or lands subject to periodic flooding shall not be computed in determining the number of lots to be used for average OCTOBER 6, CHAPTER 8: DEVELOPMENT PROCEDURES

286 MONROE COUNTY UNIFIED DEVELOPMENT CODE density procedures nor for computing the area requirement of any lot. 11. Storm water facilities shall be designed so that existing spring water or surface water runoff created by new development is diverted away from the site to a public open drainage ditch or storm sewer system. Provisions shall be made in the system design to slow down the rate of flow so that public rights-of-way will not be flooded by water released from detention ponds. C. Storm Water Management System Design in Streets and Rights-of-Way. 1. Inlets, catch basins and manholes shall be designed in accordance with the Iowa Department of Transportation standards and specifications. 2. Manhole Spacing: Pipe Size 15 inches or < 500 feet 18 inches to 36 inches 600 feet 42 inches to 60 inches 700 feet Manhole Spacing 60 inches feet + 3. Manhole Construction: a. Sealed Pre-cast concrete, sections. b. Manhole frames and covers: cast iron with locking devices and STORM SEWER integrally cast into cover. 4. Manhole Installation: a. Top riser termination less than one (1) foot below finished grade. b. Manhole covers flush with finished grade. D. Standards for Storm Water Detention Facilities. The policies and criteria set forth in the following paragraphs shall be applied to the design and development of the final storm water management facility, if such facility is required by the County. In general, the storm water detention facility shall be designed to accommodate the rate of flow from new development. The rate of flow from the new development shall not exceed the rate of flow that existed prior to the new development. Where practical, all storm water detention facilities shall be designed so that they are located as far as possible from the groundwater both horizontally and vertically. Design plans and calculations for the storm water detention facility shall be provided as part of the site plan review submission. 1. Slope of Structure. The slope of the sides of the storm water detention system shall not exceed a slope of three to one (3:1). 2. Storage Volume. The detention facility shall be designed so that the system is sufficient to control the differential runoff from a one hundred (100)-year storm return-frequency of twenty-four (24)-hour duration. 3. Freeboard. Adequate capacity shall be maintained in the detention facility so that the maximum tributary runoff volume is maintained at least two (2) feet below the facility brim or bank unless otherwise required by state or federal regulations. 4. Detention Components. All detention components shall be designed by a Licensed Professional Engineer and approved by the County Engineer. 5. Maintenance and Repair of Facility. The owner of a non-residential facility and the Administrator of the homeowners association or similar entity of a facility serving a residential development shall be responsible for the maintenance and repair of the storm water detention facility. For subdivisions, this responsibility shall be documented in the subdivision covenants that shall be recorded with the final plat. a. Transfer of Ownership. In the event the property upon which the facility is located is sold or transferred to another owner or entity, the transferring owner or entity shall execute a legally binding, recorded document transferring ownership rights and maintenance and repair responsibilities to the successors in title, a certified copy of which shall be provided to the County Recorder. b. Bond Required. A bond in an amount determined by the County Engineer shall be provided by the owner or entity to ensure that maintenance and repair will be provided for the facility in the event the owner or entity is unwilling or unable to provide same. c. Notice Required. The County Engineer shall notify the owner or entity in writing of potential danger(s) to health and safety or of nuisance conditions involving the facility. The owner or entity shall have a specified period of time in which to cure the violation. The time period shall be determined by the County Engineer based upon the severity and immediacy of the violation. If the owner or entity fails to respond to the written notice and request for service within the time period established, the County Engineer shall cause the maintenance or repair of the facility and the property owner shall reimburse the County s expenses. If the costs are not paid within the time frame established by the County, the County Attorney shall file a lien against the property for collection of the expenses plus interest. OCTOBER 6, CHAPTER 8: DEVELOPMENT PROCEDURES

287 MONROE COUNTY UNIFIED DEVELOPMENT CODE 6. Detention Design Data. In addition to the construction plans for the stormwater detention facility, the applicant shall provide complete design calculations prepared by an engineer registered in the state of Iowa. The County Engineer shall review, approve, conditionally approve or disapprove these calculations in conjunction with the facility plans prior to the issuance of a building permit. 7. Detention Facility Types Permitted. a. Dry Bottom Basins. (1) Interior drainage to include provisions of natural grades to outlet structures, longitudinal and transverse grades to perimeter drainage facilities or installation of subsurface drains. (2) Minimum unpaved bottom slope - 2%. (3) May be used for secondary purposes - recreation, open space, etc - not affected by intermittent flooding. b. Parking Lot Storage. Parking lots may be used for temporary storage of water provided vehicles are not endangered. The parking lot facility outlets shall be designed to allow the gradual emptying of surface waters. c. Underground Detention. Stormwater may be detained in underground pipes, tanks or reservoirs. d. Wet Basins With Permanent Pools. (1) Minimum depth before introduction of stormwater - four (4) feet. (2) Design shall include mechanical methods to allow drainage and cleaning. (3) Aeration required as needed to prevent pollution of water and resulting odors. 8.6 Streets A. Streets, Generally. 1. All development shall be provided with safe and adequate access designed to accommodate development at maximum planned densities unless the applicant restricts future subdivision through deed restrictions. Street systems shall be designed and constructed in accordance with this Section. 2. The applicant may propose and construct approved traffic mitigation measures to provide adequate roadway capacity for the proposed development. The applicant for any development projected to generate more than the number of vehicle trips per day specified in the following paragraphs shall submit a traffic impact analysis in accordance with Section 8.6.D. Trips shall be projected using the latest ITE Trip Generation Manual. a. 200 vehicle trips per day on an unpaved road; b. 750 vehicle trips per day on a paved County road; or c. 1,500 vehicle trips per day on a State Highway. B. Street Design. 1. Street Design, Generally. The standards established by this Section shall apply to all public and private roads in Monroe County. Monroe County s Master Plan shall serve as a guide for the location and scale of future major and minor streets. Street and sidewalk design and construction shall be in conformance with AASHTO, Highway Construction Manual and ITE Standards, where applicable. 2. Street Classification. All streets shall be classified as major, minor or local streets as described in Exhibit 8.2. Any street that is not already classified in the County Road System shall be classified by the County Engineer subject to confirmation by the County Board of Supervisors. In classifying streets, the County shall consider projected traffic demands after twenty (20) years of development. All section line roads shall be considered collector streets unless specifically designated otherwise in the Master Plan, or unless the County Engineer finds that there will be no future need for a collector road along a particular section boundary. 3. Street Design Standards. All street improvements intended to become a part of the County Road System shall be designed according to the standards shown in Exhibit Topography and Arrangement. a. Roads shall be related appropriately to the topography. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. b. All streets shall be aligned with the existing and proposed system of thoroughfares and dedicated rights-of-way as established in the Master Plan. c. All thoroughfares shall be properly related to special traffic generators such as industries, business districts, schools, churches, and shopping centers to population densities, and to the pattern of existing and proposed land uses. d. Minor or local streets shall be laid out to conform as much as possible to the topography to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to OCTOBER 6, CHAPTER 8: DEVELOPMENT PROCEDURES

288 MONROE COUNTY UNIFIED DEVELOPMENT CODE property. e. The rigid rectangular gridiron street pattern need not necessarily be adhered to, and the use of curvilinear streets shall be encouraged where such use will result in a more desirable layout. f. Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless, in the opinion of the Zoning Commission, such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracks. Exhibit 8.2: Design Standards for Streets Design Standard Street Classification Major Minor Local Road Minimum Right-of-Way 100 feet 80 feet 66 feet Minimum Street Width 24feet 24 feet 24 feet Traffic Lanes 2 (1) 2 (1) 2 Design Speed (mph) (2) 55 (2) Minimum Intersection / Driveway Spacing Shoulder (not required if curbs and gutters are provided) based on arterial type and location 300 feet 125 feet from intersection with collector or arterial street 8 feet each side 8 feet each side 3 feet each side On-Street Parking not permitted controlled controlled (1) Turn lanes may be required by the Board of Supervisors. (2) Lower design speeds may be approved by the Board of Supervisors. g. In business and industrial developments, the streets and other access ways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and sidewalks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian. 5. General Street Arrangement. a. Adequate Traffic Circulation. Provisions shall be made for adequate traffic circulation. Local streets shall be designed to limit through traffic. b. Lot Access. Every lot shall have approved access to a public right-of-way or an approved private facility. c. Street Connections. Streets should connect with those already dedicated in adjoining or adjacent subdivisions and provide for future connections to adjoining un-subdivided tracts whenever possible. d. Dead End Streets. Dead end streets are prohibited, except where a street is planned to continue past the sub-divider s property, in which case a temporary dead end may be allowed. (1) Temporary. If the adjacent property is undeveloped and the street must temporarily be a dead end street, the right-of-way shall be extended to the property line. A temporary cul-desac T- or L-shaped turnabout shall be provided on all temporary dead end streets, with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to abutting property owners whenever the street is continued. The Zoning Commission may limit the length of temporary dead end streets. (2) Permanent. Where a road does not extend beyond the boundary of the subdivision and its continuation is OCTOBER 6, CHAPTER 8: DEVELOPMENT PROCEDURES

289 MONROE COUNTY UNIFIED DEVELOPMENT CODE not required by the Zoning Commission for access to adjoining property, its terminus shall normally not be nearer to such boundary than fifty (50) feet. However, the Zoning Commission may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic or utilities. A cul-de-sac turnaround shall be provided at the end of a permanent dead end street. e. Intersection of Streets. Streets shall intersect at ninety (90) degree angles as nearly as possible and no other street shall intersect any other street at less than a sixty (60) degree angle. An oblique street should be curved approaching an intersection and should be approximately at ninety (90) degree angles for at least one hundred (100) feet there from. f. Multiple Intersections and Street Jogs. No more than two (2) streets shall cross or intersect at the same point. No off-set intersections will be allowed. g. Intersection Lot Corners. At intersections of major streets, and otherwise as necessary, lot corners abutting the intersection shall be rounded with a radius sufficient to provide necessary space within the right-of-way for sidewalks, traffic control devices, and other necessary improvements without encroaching onto the corner lots. h. New Arterial Street Access. New arterial streets shall be located so as to not require direct access from the arterial street to abutting lots. 6. Cul-de-sac Streets. a. Cul-de-sac Approaches. Cul-de-sac approaches shall have a minimum rightof-way width of eighty (80) feet. Development on cul-de-sacs longer than three hundred (300) feet shall not generate more than three hundred (300) vehicle trips per day as projected using the current Institute of Transportation Engineers Trip Generation Manual. A cul-de-sac street shall not exceed six hundred (600) feet in length. No parking will be allowed on cul-de-sac streets. b. Cul-de-sac Turnarounds. Cul-de-sac turnarounds shall have an outside radius of fifty (50) feet plus sufficient area for easements needed for utilities, drainage and mail service. Cul-de-sacs that end in a hammerhead or a T- turn-around shall have a width of eighty (80) feet for the T and no more than five (5) lots shall abut the T. No on-street parking will be allowed in cul-de-sac turn arounds. c. Temporary Cul-de-sac. A street in a phased development may be constructed without a turnaround if it is constructed one (1) lot in length. A street constructed in a phased development which is longer than one (1) lot shall have a temporary turnaround meeting the cul-de-sac dimensions. Temporary turnarounds may be provided at the end of streets that will be extended within three (3) years from construction of the street. 7. Alleys. Twenty (20) foot wide alleys shall be required in commercial areas with normal street frontage and where justified by special conditions such as the continuation of an existing alley in the same block. Alleys are optional in residential districts. Dead-end alleys are prohibited, unless provided with a minimum right-of-way diameter of one hundred (100) feet. 8. Half Streets. Half streets are prohibited, except where an existing platted half street abuts the subdivision. Where a platted half street exists, the other half street shall be required to be completed by the sub divider. 9. Private Streets. The County may approve private streets for a subdivision. Such streets shall be built to County standards. The County will not maintain private streets. The applicant shall be required to post a maintenance bond for private gravel streets in conformance with Section 8.6.C of this Code. A homeowner s association, or other appropriate entity, should be established to ensure the ongoing maintenance of private streets. 10. Secondary Access. Secondary access shall be provided for any development projected to generate more than three hundred (300) trips per day or to take sole access from a street projected to carry more than three hundred (300) trips per day. 11. Curbs and Gutters. Curbs and gutters may be required by the Board of Supervisors for any development on lots of one-quarter (¼) acre or less, or along streets located within two (2) miles of the City. 12. Future Streets. When a tract is subdivided into larger than normal lots, such lots shall be arranged to permit the logical location and opening of future streets and appropriate resubdivision with provision for adequate utility connections for such re-subdivision. 13. Street Names. New streets shall be named in conformance with the Monroe County 911 system so as to provide continuity of name with existing streets and to prevent conflict or confusion with identical or similar existing street names. All street names shall be approved by the Board of Supervisors and the OCTOBER 6, CHAPTER 8: DEVELOPMENT PROCEDURES

290 MONROE COUNTY UNIFIED DEVELOPMENT CODE Monroe County 911 Board. 14. Street Dedication and Maintenance. No road or street shall be accepted by the County unless it meets the design standards established by this Code and all other design standards established by the County. C. Street Construction Standards. 1. Pavement Types. Pavement types which may be used for construction of County streets include pavements of seven (7) inches of Portland cement concrete (PCC) or hot-mixed asphalt-concrete of equivalent thickness under laid with a crushed stone base of not fewer than six (6) inches. The type of pavement and thickness proposed to be constructed within each development shall be approved by the County Engineer. 2. Design Input Variables. Parameters which must be evaluated in order to design an adequate pavement structure include sub-grade soil properties, surface and subsurface drainage, materials properties, environmental factors and traffic loading over the analysis period. The minimum traffic analysis period to be used for the design of pavements for County streets is thirty (30) years. 3. Pavement Design Procedures. All pavement design shall be reviewed and approved by the County Engineer. D. Traffic Impact Analysis. Traffic impact analysis is needed to ensure that Monroe County s roads will continue to safely, efficiently and conveniently meet traffic demands by mitigating the impacts of projects which will generate high volumes of traffic, lead to excessive road maintenance or create traffic safety hazards. 1. Applicability. An applicant for a re-zoning, Master Plan amendment or subdivision may be required to prepare a traffic impact analysis in conformance with the provisions of this Section under the following circumstances: a. projected generation of more than one hundred (100) vehicle trips per day accessing an unpaved county road; b. projected generation of more than five hundred (500) vehicle trips per day accessing a paved county road; c. projected generation of more than ten (10) daily trips of trucks larger than two (2) ton capacity accessing an unpaved street; d. projected generation of more than thirty (30) average daily trips of trucks larger than two (2) ton capacity accessing a paved county street; or e. projected generation of more than fifty (50) average daily trips of trucks larger than two (2) ton capacity accessing a state highway. Any application that triggers any of the above criteria shall be considered a conditional use, and shall be processed in accordance with Section 2.3.E. 2. Contents. At a minimum, the traffic impact analysis shall include the following: a. Existing traffic conditions and peak hour levels of service on adjacent roadways and intersections located within one (1) mile of the project; b. Average daily and peak hour traffic demands to be generated by the project; c. Existing capacity of adjacent roadways; d. Projected roadway level of service, based on full development of the project and any other approved projects within one (1) mile of the subject property, on adjacent roadways and at intersections located within one (1) mile of the project; e. Recommended traffic mitigation measures for any development for which it is projected to result in a level of service "D" or worse as defined by the Transportation Research Board's Highway Capacity Manual. Mitigation measures shall result in a projected level of service "C" or better; f. Projected impacts of proposed heavy vehicle traffic on the existing and mitigation measures; g. Costs of the recommended traffic safety and capacity mitigation measures and additional maintenance costs resulting from truck traffic; and h. Other information, as deemed necessary by the County Engineer to measure the impact of the project on the County s street system. 3. Procedures. The applicant shall contact the County Engineer to establish whether a traffic study is needed and to define the parameters for the study. Following preparation of any traffic study, copies of the study report shall be submitted to the Zoning Administrator for distribution to staff involved in the construction and maintenance of public roadways serving the development. A conference between the staff and applicant shall be held within ten (10) days to discuss the content and findings of the report and determine the need for any supplemental study or analysis. When the County Engineer has determined that the content of the report adequately addresses all significant traffic issues, a finding shall be made that the traffic impact study is complete and proceedings on any application that was stayed pending completion of a traffic analysis can resume. 4. Report Findings. When the technical analysis is complete, the study shall be forwarded to the Zoning Commission and Board of Supervisors at their next regular meetings. Negotiations with the Board of Supervisors, if needed, shall be held, and a Development Agreement detailing the applicant's OCTOBER 6, CHAPTER 8: DEVELOPMENT PROCEDURES

291 MONROE COUNTY UNIFIED DEVELOPMENT CODE responsibilities and the County s responsibilities for implementing any mitigation measures shall be prepared. If staff finds that the proposed development will not meet applicable service level standards, staff shall recommend one or more of the following actions on the associated development application, as may be needed: a. Reduce the size, scale, scope or density of the development to reduce traffic generation; b. Divide the project into phases and authorize only one (1) phase at a time until traffic capacity is adequate for the next phase of development; c. Dedicate right-of-way for street improvements; d. Construct new streets; e. Expand the capacity of existing streets; f. Redesign ingress and egress to the project to reduce traffic conflicts; g. Alter the use and type of development to reduce peak hour traffic; h. Reduce background (existing) traffic; i. Eliminate the potential for additional traffic generation from undeveloped properties in the vicinity of the proposed development; j. Integrate non-vehicular design components (e.g., pedestrian and bicycle paths or transit improvements) to reduce trip generation; or k. Recommend denial of the application for development for which the traffic impact analysis is submitted. E. Traffic Control. Traffic control devices shall be provided for new development pursuant to standards adopted by the County. F. Access Standards. 1. Access to Collectors. Where a subdivision borders on or contains an existing or proposed arterial, the Zoning Commission may require that access to such streets be limited by one of the following means: a. The subdivision of lots to back onto the major collectors and front onto a parallel local street; no access shall be provided from the major collector. b. An internal street system designed so no lot directly accesses the major collector road. c. A marginal access or service road (separated from the primary collector by a planning or grass strip and having access at suitable points). 2. Railroads and Limited Access Highways. a. In residential districts, a buffer strip at least seventy-five (75) feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the railroad right-of-way or limited access highway. This strip shall be part of the platted lots and shall be designated on the plat: This strip is reserved for screening. The placement of structures on this land is prohibited. b. Wherever practical, the nearest street extending parallel or approximately parallel to the railroad right-of-way shall be at a sufficient distance from the railroad right-of-way to ensure suitable depth for planned uses. c. When streets parallel to the railroad rightof-way intersect a street which crosses the railroad right-of-way at grade, they shall, to the extent practical, be at a distance of at least one hundred fifty (150) feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients. 3. Proper access design and location are essential to the maintenance of safe, efficient traffic flow. Access standards shall apply to all development to prevent a large number of poorly spaced driveways that can reduce the safety and carrying capacity of community streets. 4. Except as expressly provided below, no building permit shall be issued for any lot or parcel which does not abut a public street or an approved private street. a. Private driveways may be allowed as an interim condition between construction and acceptance by the County. b. A private drive may access up to eight (8) dwellings, provided the driveway is constructed of an all-weather surface and is a minimum of twenty-four (24) feet wide. c. All shared private drives and roadways shall be designed and constructed as allweather surfaces, a minimum of twentyfour (24) feet wide, to provide adequate emergency access. 5. Driveways shall be constructed to conform to the Monroe County Driveway Standard Policy and approved by the County Engineer. a. Minimum separation between driveways will be regulated as listed in Exhibit 8.3. b. Minimum distances between a corner lot driveway and the street intersection shall comply with the standards in Exhibit 8.3. c. Corner lots shall have access from the street of the lowest functional class or lowest traffic volume except where street function classifications are equal, access shall be from the street with the greatest frontage. 6. Access grades shall not exceed 3% within public rights-of-way. 7. Turning lanes may be required along arterial streets. When channelized right turn lanes are used, the minimum spacing between the OCTOBER 6, CHAPTER 8: DEVELOPMENT PROCEDURES

292 MONROE COUNTY UNIFIED DEVELOPMENT CODE driveways and intersections shall be based on AASHTO standards. 8. Except in the A-1 and A-2 districts, no single family or two (2)-family lot smaller than two (2) acres shall be created which is accessed from an arterial street. 9. These standards are not intended to preclude access to existing lots. Where the County's standards would preclude access to a lot, the Zoning Commission may vary the access standard. G. Over-Sizing of Streets. 1. Where a designated street, according to the Master Plan, runs through the proposed subdivision, the sub-divider shall be responsible for the construction of such street to a collector street standard. Exhibit 8.3 Minimum Separation Between Driveways and Intersecting Streets Intersecting Street Local Collector Arterial Driveway Located On: Local Collector Arterial If the designated street exceeds the minor collector standard, the sub-divider shall be required to construct the designated street subject to reimbursement by the County for the construction cost of the difference between the minor collector street and major collector arterial street. Should reimbursement funds by the County not be available, the sub-divider s responsibility for construction shall be limited to a minor collector standard; however, the design shall be modified to facilitate future expansion of such street. Any required improvements altered by the Zoning Administrator in order to facilitate the future street expansion shall not relieve the responsibility of the sub divider for such improvements. The cost of such deleted improvements shall be paid to the County. Such monies shall be deposited in a street construction fund, which may be expended by the Board of Supervisors for the purpose of construction of major and minor arterial and collector streets within the County. Should the sub divider make such payments, he shall be relieved of any obligation for the completion of such altered improvements. H. Other Improvements. 1. Trails and Walkway Standards. a. Sidewalks or pedestrian paths may be required along minor and major collector and arterial streets within one thousand three hundred twenty (1,320) feet of a school site, park or library. b. Sidewalks or pedestrian paths may be required along all minor and major collector and arterial streets located within one-half (½) mile of the Town of Albia, Lovilia or Melrose. Concrete curbs are required for all roads when sidewalks are required by these regulations. c. Walkways shall be designed to comply with the Americans with Disabilities Act, provided that the Board of Supervisors may approve a different standard for walkways across private property. 2. Street Signs. The County shall install all road signs at the sub-dividers expense before issuance of a zoning permit for any building on the streets approved. The sub-divider shall place street name signs at all intersections within or abutting the subdivision, the type and location of which shall be approved by the County Engineer. 3. Utilities. a. Location. All utility facilities including, but not limited to, gas, electric power, telephone, cable TV, and CATV cables shall be located underground throughout the subdivision. Whenever existing utility service facilities are located above ground, except when existing on public roads and rights-of-way, they shall be removed and placed underground. All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plat. b. Easements. (1) Easements centered on rear lot lines shall be provided for utilities (private and municipal) and such easements shall be at least ten (10) feet wide. Proper coordination shall be established between the sub-divider OCTOBER 6, CHAPTER 8: DEVELOPMENT PROCEDURES

293 MONROE COUNTY UNIFIED DEVELOPMENT CODE and the applicable utility companies for the establishment of utility easements established in adjoining properties. (2) When topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements at least ten (10) feet in width shall be provided along side lot lines with satisfactory access to the road or rear lot lines. Easements shall be indicated on the preliminary and final plats. OCTOBER 6, CHAPTER 8: DEVELOPMENT PROCEDURES

294 MONROE COUNTY UNIFIED DEVELOPMENT CODE Chapter 9: Administration and Enforcement 9.1 Purpose The purpose of this Chapter is to set forth penalties for violations to this Code. The penalties set forth are those authorized by Section and of the Code of Iowa. 9.2 Violation and Penalties The remedies provided in this section for violations of any provision of this Code, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law. Except as otherwise provided in this Code, any development or use initiated after adoption of this Code, or maintained in violation of this Code, which is not in compliance with the provisions of this Code is prohibited and shall be referred to herein as an "unlawful" development or use. A. Types of Violations. Any of the following shall be a violation of this Code and shall be subject to the remedies and penalties provided for in this Code: 1. Use, Structure or Sign without Permit or Approval. To place any use, structure or sign upon land that is subject to this Code without all of the approvals required by this Code. 2. Activities Inconsistent with this Code. To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure, land or sign, or to engage in development or subdivision of any land in conflict of any zoning, subdivision, sign or other regulation of this Code. 3. Activities without Permit or Approval. To engage in any subdividing, development, construction, remodeling or other activity of any nature upon land that is subject to this Code without all of the approvals required by this Code. 4. Activities Inconsistent with Permit. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity. 5. Activities Inconsistent with Conditions. To violate, by act or omission, any term, condition, or qualification placed by a decision-making body upon any permit or other form of authorization. 6. Making Lots or Setbacks Nonconforming. To reduce or diminish any lot area so that the size, setbacks or open spaces shall be smaller than prescribed by this Code. 7. Increasing Intensity of Use. To increase the intensity of use of any land or structure, except in accordance with the procedural requirements and standards of this Code. 8. Removing or Defacing Required Notice. To remove, deface, obscure or otherwise interfere with any notice required by this Code. 9. Failure to Remove Signs or Other Improvements. To fail to remove any sign or other improvement installed, created, erected or maintained in violation of this Code, or for which the permit has lapsed. 9.3 Separate Offenses May Be Charged The owner or tenant of any building, structure, premises or part thereof, any architect, builder, contractor, agent, or other person(s) who commits, participates in, assists in or maintains such violation may each be found guilty of a county infraction and suffer the penalties herein provided. Each and every day that a violation remains uncorrected shall constitute a separate violation of this Code after receiving notice of the violation from the County in writing. Each separate offense of the provisions of the various Chapters of this Code shall constitute a separate offense. 9.4 Civil Remedies and Enforcement Powers. Failure to comply with any provision of this Code shall be declared unlawful. Any person(s) violating any of the provisions contained in this Code shall be deemed guilty of a county infraction. The owner or tenant of any building, structure, premise or pert thereof, and any architect, builder, contractor, agent, or other person(s) who commits, participates in, assists in or maintains such violation may each be found guilty of a county infraction and suffer the penalties herein provided. Enforcement of a county infraction shall be pursuant to Section , of the Code of Iowa. A county infraction is a civil offense punishable by a civil penalty of not more than seven hundred fifty dollars, ($750.00), for each violation or if the infraction is a repeat offense a civil penalty not to exceed one thousand dollars, ($ ), for each repeat offense. The following remedies and enforcement powers may be used to administer and enforce this Code. A. Withhold Permit. The County may deny or withhold all permits, certificates or other forms of OCTOBER 6, CHAPTER 9: DEVELOPMENT PROCEDURES

295 MONROE COUNTY UNIFIED DEVELOPMENT CODE authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this Code or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the County. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question. The County may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of this Code. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property in violation. 1. Permits Approved with Conditions. Instead of withholding or denying a permit or other authorization, the County may grant such authorization subject to the condition that the violation be corrected. 2. Revoke Permits. Any development permit or other form of authorization required under this Code may be revoked when the Zoning Administrator determines: a. that there is departure from the plans, specifications, or conditions as required under terms of the permit; b. that the development permit was procured by false representation or was issued by mistake; or c. that any of the provisions of this Code are being violated. 3. Written Notice. Written notice of such revocation shall be served upon the owner, the owner s agent or contractor, or upon any person employed on the building or structure for which such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed. 4. Stop Work. With or without revoking permits, the County may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this Code or of a permit or other form of authorization issued hereunder, in accordance with its power to stop work under its zoning codes. The County Attorney, in addition to other remedies, shall institute any proper action or proceedings in the name of Monroe County, Iowa, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about said premises. 5. Revoke Plan or Other Approval. Where a violation of this Code involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject to compliance, the Board of Supervisors may, upon notice to the applicant and other known parties of interest (including any holders of building permits affected) and after a public hearing, revoke the plan or other approval to require strict compliance with this Code, the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the Board of Supervisors may reasonably impose. 6. Civil Penalty. Any person who fails to comply with any provision of this ordinance shall be subject to a civil penalty of up to the maximum allowed by state law. Each day that a violation exists shall constitute a separate offense. Every such action shall be brought by the County before the Magistrate Court. The Court may order that the person successfully bringing the action to recover such civil penalty may receive all or a portion of any penalty imposed by the Court. The prevailing party in any such suit is entitled to recover judgment against any person failing to comply with any provision of this ordinance for reasonable attorney's fees in an amount determined by the Court. The County, its officers and employees may initiate an action under this section, but neither the County nor its officers or employees shall be liable for any claim of civil penalty. Any person initiating an action for civil penalties, pursuant to this section, shall cause written notice thereof to be given to the County Attorney. 7. Injunction and Abatement. The County, through its authorized agents, including the Zoning Administrator, may initiate injunction or abatement proceedings or other appropriate action in the Magistrate Court or District Court against any person who fails to comply with any provision of this Code, or any requirement or condition imposed pursuant to this Code, to prevent, enjoin, abate, or terminate violations. The County may seek a court order in the nature of mandamus, abatement, injunction or other action for proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation. 8. Other Lawful Action. Nothing herein contained shall prevent the County from taking other lawful action as necessary to prevent or remedy any violation. 9. Alternative Relief. Seeking a civil penalty does not preclude seeking alternative relief from the court in the same action, including, but not limited to, criminal prosecution as a simple misdemeanor; an order for abatement; OCTOBER 6, CHAPTER 9: DEVELOPMENT PROCEDURES

296 MONROE COUNTY UNIFIED DEVELOPMENT CODE or injunctive relief. 10. Civil Citation. The Zoning Administrator may be authorized by Monroe County to enforce this Code and may issue a civil citation to a person who commits a county infraction as set forth in of the Code of Iowa. 9.5 Complaints Complaints. Whenever a zoning violation occurs, or is alleged to have occurred, any person(s) may file with the Zoning Administrator a signed, written complaint which states fully the causes and basis thereof. The Zoning Administrator shall record properly such complaint, immediately investigate and take appropriate action thereon. All complaints shall be in writing and shall be signed by the complainant. 9.6 Nuisances No land or building in Monroe County shall be used in any manner so as to create any dangerous, injurious, noxious or other objectionable conditions or hazards, or the potential thereof. A nuisance is defined as any structure or use in violation of this Code and in addition any use or structure which injures or endangers health, safety or welfare or constitutes or creates a fire hazard or obstructs or endangers the use of streets or public ways or is offensive to the senses. A nuisance created prior to and maintained after the effective date of this Ordinance shall not be considered a nonconforming use. The following structures and uses of property are declared to be a nuisance: A. Storage, accumulation, keeping or allowing trash, garbage, junk, scrap and wrecked, worn out, broken or inoperative or partially destroyed or disassembled personal or real property of any kind, including motor vehicles, trailers, machinery and equipment. B. Accumulation of any matter which produces a foul or noxious odor, or serves as a haven for rats, or is so unsightly as to depreciate property values or creates a fire hazard. OCTOBER 6, CHAPTER 9: DEVELOPMENT PROCEDURES

297 MONROE COUNTY UNIFIED DEVELOPMENT CODE Chapter 10: Definitions (Amended effective 12/28/2010) (Amended effective 2/21/2012) 10.1 Rules of Interpretation For the purpose of interpretation of the Ordinance, the following rules of language shall apply: A. the particular controls the general; B. in case of difference of meaning or implication between the text of the Code and the captions for each section, the text shall control; C. the word "shall" is always mandatory. The word "may" is permissive and is at the discretion of the Board of Supervisors, Zoning Commission, Board of Adjustment or the Zoning Administrator, as the context may require; D. words used in the present tense include the future; words in the singular include the plural; and words of one gender include all other genders, unless the context clearly indicates the contrary; E. all words, terms and phrases not otherwise defined herein shall be given their usual and customary meaning as defined in the Webster s New Collegiate Dictionary, unless the context clearly indicates a different meaning was intended. If more than one meaning is provided, the Zoning Administrator shall determine the most appropriate meaning; and F. All terms and definitions not included in Chapter 10 shall be used as defined in the Webster s New Collegiate Dictionary. If more than one meaning is provided, the Zoning Administrator shall determine the most appropriate meaning Definitions Abut. Immediately next to or sharing common property ownership or easement boundaries. (Eff. 2/21/2012) Accessory Building. An accessory building or structure is a subordinate building, structure or use, the use of which is customarily secondary to the principal building. See also Accessory Use or Structure. Customary accessory uses include but are not limited to, tennis courts, swimming pools, detached garages, garden houses, children s playhouses, fireplaces, patios and storage sheds; but under no circumstances including incomplete (dismantled) or inoperable motor vehicles. Garages or other accessory buildings or uses attached to the principal structure shall be considered a part thereof and meet the requirements of the principal structure. Accessory Dwelling Unit. A dwelling unit that has been added onto, or created within, a dwelling or building for occupancy by an individual as a residence. Accessory Dwelling (Temporary). A residence permitted thru the Conditional Use permitting process on the same tract of land that the principal residence is located on. A temporary accessory dwelling is permitted for a short duration of time as established in the Conditional Use Permit but shall not exceed a two year period. Exhibit 10.2A Accessory Use Accessory Use or Structure. A use or structure subordinate to the principal use of a structure or land on the same lot or parcel of ground and serving a purpose customarily incidental to the use of the principal structure or use of the land. (See Exhibit 10.2A) Acres, Gross. The total area within a parcel or within contiguous acres under common ownership. Acres, Net. The area of a lot or parcel remaining after deducting the following land: street right-ofway, floodways, wetlands, ponds, areas with slopes of 30% or greater, and 50% of the one hundred (100) year floodplain. Net acres must be contiguous. Acquisition Plat. The graphical representation of the division of land or rights in land, created as the result of a conveyance or condemnation for right-ofway purposes by an agency of the government or other persons having the power of eminent domain. OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

298 MONROE COUNTY UNIFIED DEVELOPMENT CODE Adequate Public Facilities. Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by the Board of Supervisors based upon specific levels of service. Adjacent. Any building or property located within five hundred (500) feet of the boundary of the property on which development occurs. Administrative Officer. The individual designated by the Board of Supervisors and this Code who is responsible for the enforcement of the regulations imposed by the Unified Development Code. This person may also be referred to as the Zoning Administrator. Agriculture. The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock including the breeding and grazing of livestock, bees and apiary products, trees and forest products, fruits and vegetable of all kinds, floral, ornamental or greenhouse products, or land devoted to a soil conservation or forestry management program. Airport. The Albia Municipal Airport. Airport Elevation. The highest point of an airport s usable landing area measured in feet above mean sea level, which elevation is established to be nine hundred sixty-three (963) feet. Airport Hazard. Any structure or tree or use of land which would exceed the Federal obstruction standards as contained in Section (14) Code of Federal Regulations Sections 77.21,77.23 and as revised March 4, 1972, and which obstruct the airspace required for the flight of aircraft and landing or takeoff at an airport or is otherwise hazardous to such landing or taking off of aircraft. Airport Primary Surface. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. Airspace Height. For the purpose determining the height limits in all zones set forth in this Ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified. Aliquot Part. A fractional part of section within the United States public land survey system. Only the fractional parts one-half (½), one-quarter (¼), onehalf (½) of one-quarter (¼), or one-quarter (¼) of one-quarter (¼) shall be considered an aliquot part of a section. Alley. A public thoroughfare which affords only a secondary means of access to abutting property. Alteration, Structural. Any change in the supporting members of a building such as bearing walls, columns, beams or girders. Ambient Noise Level. Background noise level prior to installing the Wind Energy System (CWES or PWES). Animals: Small dogs, cats, birds, other animals generally lighter than 125 pounds at adulthood. Large horses, cows, pigs and other animals generally heavier than 125 pounds at adulthood. Apartment Unit. One (1) or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit. Arterial Street or Arterial. A primary street or highway that provides access through Monroe County to abutting counties. Arterial streets include all state maintained highways and other streets designated as arterial streets on a functional street classification map adopted by the County. (Eff. 2/21/2012) Assisted Living Facility. Residences for the frail elderly, or similar individuals, that provides rooms, meals, personal care and supervision of selfadministered medication. They may provide other services, such as recreational activities, financial services and transportation. Such facilities do not include homes for the developmentally disabled. Auditor s Plat. A subdivision plat required by either the auditor or assessor, prepared by a surveyor under the direction of the auditor. Automobile Service and Repair Station. Any building or premises used for the retail sale of liquefied petroleum products for the propulsion of motor vehicles and may include such products as kerosene, fuel oil, packaged naphtha, lubricants, tires, batteries, antifreeze, motor vehicles accessories and other items customarily associated with the sale of such products, for the rendering of services and making of adjustments and replacements to motor vehicles, and the washing, waxing and polishing of motor vehicles, as incidental to other services rendered; the making of repairs to motor vehicles except those of a major type. Repairs of a major type are identified to be spray painting, body, fender or OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

299 MONROE COUNTY UNIFIED DEVELOPMENT CODE complete recapping or retreading of tires. Also known as a motor fuel station. Base Flood - The flood having 1% chance of being equaled or exceeded in any given year. (See one hundred (100) year flood). Basement - Any enclosed area of a story of a building, but not more than 50%, which has its floor or lowest level below ground level (sub grade) on all sides. Also see "lowest floor." Bed and Breakfast Home. As established in Chapter 137C, Code of Iowa, a private residence which provides lodging and meals for guests, in which the host or hostess resides and in which no more than four (4) guest families are lodged at the same time and which, while it may be advertised and accept reservations, does not hold itself out to the public to be a restaurant, hotel or motel, and serves food only to overnight guests. Bed and Breakfast Inn. As established in Chapter 137B and 137C, Code of Iowa, a hotel which has nine or fewer guest rooms. Berm. A strip of mounded topsoil, with a minimum height of three (3) feet, which provides a visual screen. (See Exhibit 10.2B) Exhibit 10.2B: Berm Billboard. An advertising sign, regardless of the material or erection method, for a business, commodity or service located or offered elsewhere than upon the premises where such sign or billboard is located. Block. An area of land within a subdivision that is entirely bounded by streets, railroad rights-of-way, rivers, tracts of public land, or the boundary of the subdivision. Board of Adjustment. An appointed body with the responsibilities outlined in Section 1.12.D. of this Code. Boarding (Rooming) House. A dwelling or part thereof, other than a hotel or motel, occupied as a single housekeeping unit, in which lodging is provided by the owner or operator to one (1) to eight (8) boarders. Bond. Any surety bondman amount and form satisfactory to and approved by the Board of Supervisors. Building (Structure). Anything constructed, erected, or built, the use of which requires a location on the ground and designed for the support, enclosure, shelter or protection of persons, animals, chattels, or property of any kind, including but without limiting the generality of the foregoing, installations such as signs, billboards, radio towers, and other facilities not designed for storage of property or occupancy by persons. Bulk Stations. Distributing stations, commonly known as bulk or tank stations, used for storage and distribution of flammable liquids, or liquefied petroleum products where the aggregate capacity of all storage tanks is more than twelve thousand (12,000) gallons. Campground. An area which is designed, maintained, or intended for the purpose of supplying a location for accommodation of two (2) or more travel trailers, camping trailers, cabins or tent sites with necessary incidental services, sanitation, and recreation facilities, which is used primarily for recreational purposes and retains an open air or natural character. Carport. A roofed structure providing space for the parking of motor vehicles and enclosed on not more than two (2) sides. For the purpose of this Ordinance, a carport attached to a principal building shall be considered part of the principal building and subject to all yard requirements herein. A carport not attached to a principal building will be considered an accessory building and shall meet the set-back requirements for an accessory building. Cellar. A story having not more than 50% its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement. Collector Street. A primary street that carries moderate amounts of traffic as designated on a functional street classification map adopted by the County. (Eff. 2/21/2012) Commercial Wind Energy System (CWES). One or more wind energy system(s) of greater capacity than 100 kw and/or whose primary function is to generate power for offsite consumption. CWES shall include but are not limited to Commercial Wind Turbine generators, operations and maintenance buildings, meteorological towers, electrical collector systems, communications, roads and substations. And where CWES is written it is assumed to be inclusive of (MET) Meteorological Towers, where applicable. OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

300 MONROE COUNTY UNIFIED DEVELOPMENT CODE Commission. The Zoning Commission of Monroe County, Iowa. Common Carrier Delivery Company: A company primarily engaged in shipping packages deliveries, including FedEx, UPS, DSL or similar package delivery service, but not including individuals or companies primarily engaged in shipping bulk goods by tractor trailer or other large truck. (Eff. 2/21/2012) Common Sewer System. A central sewer collecting system available to each platted lot and discharging into a treatment plant, the construction and location of which is approved by the appropriate County and/or State agency. Common Water System. A central water supply system available to each platted lot for one (1) single source approved by the appropriate County and/or State agency. Community Services Building. A building or structure used for recreational, social, educational and cultural activities, open to the public or a designated part of the public, providing governmental-type community services to the public, owned and operated by a public or non-profit group or governmental agency. Community services may include, but are not limited to, services performed by charitable organizations, community shelters for the victims of domestic violence or the homeless, or services for disaster relief, but are provided to individuals on a short-term, critical-need basis. Conditional Use. A use permitted in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or use as specified in the Code and authorized by the Board of Supervisors. Condominium, Office. As established in Chapter 499B, Code of Iowa, an office building (or group of buildings) organized, owned and maintained as a condominium. Condominium, Residential. As established in Chapter 499B, Code of Iowa (as amended), a building or group of buildings in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. A condominium may be for other than residential use. Control Zone. Airspace extending upward from the surface of the earth which may include one (1) or more airports and is normally a circular area of five (5) statute miles in radius, with extensions where necessary to include instrument approach and departure paths. Corn Suitability Rating. The corn suitability rating provides an index for ranking the corn suitability of soil for row-crop production in Iowa. Corn Suitability ratings range from five (5) to one hundred (100), with one hundred (100) reserved for those soils: a) located in areas of most favorable weather conditions for Iowa; b) that have high yield potential; and c) that can be continuously row-cropped. The corn suitability rating is based on the Soil Survey of Monroe County, Iowa and the Monroe County Soil Survey Report Supplement which lists the corn suitability rating for each soil type listed in the Soil Survey. County. The unincorporated portions of Monroe County, Iowa. County Engineer. The professional engineer registered in the State of Iowa designated as County Engineer by the Governing Body or other hiring authority. Conveyance. An instrument filed with a recorder as evidence of the transfer of title to land, including any form of deed or contract. Cul-de-sac. A street having one (1) end connecting to another street, and the other end terminated by a vehicular turn-around. Day Care. The care, supervision, or guidance of a child or adult by a person other than the parent, guardian, relative, or custodian for periods of less than twenty-four (24) hours per day per individual on a regular basis in a place other than the individual s home, but does not include care, supervision, or guidance of the individual by any of the following; An instrumental program administered by a public or non-public school system accredited by the department of education or the state board of regents or a program under section or 280.3A of The Code of Iowa. A church-related instructional program of not more than one (1) day per week. Short-term classes held between school terms. A nonprofit program operated by volunteers for no charge for not more than two (2) hours during any twenty-four (24) hour period. A program provided by the state or a political subdivision, which provides recreational classes for a period of less than two (2) hours per day. A program administered by a political subdivision of the state which is primarily for recreational or social purposes and is limited to children who are five (5) years of age or older and attending school. An instructional program administered by a nonpublic school system which is not accredited by OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

301 MONROE COUNTY UNIFIED DEVELOPMENT CODE the department of education or the state board of regents. A program where adults with special needs are supervised. Development. Any man-made alteration of existing land use or change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Development Agreement. Agreement between the Board of Supervisors and developer through which said Board agrees to vest development use or intensity or refrain from interfering with subsequent phases of development through new legislation in exchange for the provision of public facilities or amenities by the developer. District. An area or areas for which the district regulations governing the use of buildings, and land or lot area and height of buildings are uniform. Division. The dividing of a tract or parcel of land into two (2) parcels of land by conveyance or for tax purposes. The conveyance of an easement, other than public highway easement, shall not be considered a division for the purpose of this Code. Drive-In/Drive-Thru Facility. An establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or to be entertained while remaining in an automobile. Drive-In-Restaurant. Any place or premises used for the sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat and drink the food, refreshments, or beverages on the premises. Dwelling. Any building or portion thereof which is designed for or used exclusively for residential purposes. Dwelling, Multi-Family. A dwelling containing more than two (2) dwelling units with separate housekeeping and cooking facilities for each. Dwelling, Single-Family. A building designed for or occupied by one (1) family. Dwelling, Two-Family (Duplex). A dwelling containing two (2) dwelling units with separate housekeeping and cooking facilities for each. Dwelling Unit. Any building or portion thereof having one (1) or more habitable rooms which are designed and arranged to be occupied by one (1) family with facilities for living, sleeping, cooking, eating, and sanitation. Easement. An authorization by a property owner for another to use a designated part of his property for a specified purpose. Educational Facility. Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge. See also, school. Employee. As defined by the Internal Revenue Service, pursuant to the Internal Revenue Code of 1986, as amended, including any corresponding provision(s) of succeeding law. Essential Services. The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Existing Construction. Any structure for which the "start of construction" commenced before the effective date of the community's Flood Insurance Rate Map. May also be referred to as "existing structure". Existing Factory-Built Home Park or Subdivision. A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the community. Expansion of Existing Factory-Built Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FAA. Federal Aviation Administration. Factory-Built Home. Any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this Code, factory-built homes include modular homes and manufactured homes. Factory-Built Home Park. A parcel or contiguous OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

302 MONROE COUNTY UNIFIED DEVELOPMENT CODE parcels of land divided into two (2) or more factorybuilt home lots for sale or lease. Fall Zone. The area, defined as the furthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. This area is less than the total height of the structure. Family. One (1) or more persons occupying a single dwelling unit, living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house or hotel. A family, as defined herein, shall include not more than four (4) unrelated persons, unless a majority of the members are related by blood, marriage or adoption. Family Group Home. A community-based residential home which is licensed as a residential care facility under Chapter 135C, Code of Iowa, or as a child foster care facility under Chapter 237, to provide room, board and personal care, habilitation services and supervision in a family environment for eight (8) or fewer developmentally disabled persons. However, family home does not mean an individual foster family home licensed under Chapter 237 Code of Iowa. Farm. An area which is used for the growing of farm products such as vegetables, fruits and grains and their storage in the area, as well as for the raising of farm poultry and farm animals. The term farming includes the operation of such area for one or more of the above uses with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities. Farmstead. The combination of farm dwelling and any farm accessory buildings, wells, windbreak plantings or irrigation used or previously used and occupied by a person or family fully or partially employed in the agricultural pursuits of the farm on which it is located. Farm Dwelling. A dwelling located on a farm and occupied by the owner or operator of the farm on which it is located. Feeder Line. Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation servicing the wind energy system. Feedlot. A lot, yard, corral or other area in which livestock are confined, primarily for the purposes of feeding the growth prior to slaughter or the sale of products derived from such animals. The term does not include areas which are used for the raising of crops or other vegetation, and upon which livestock are allowed to graze or feed. Flea Market. A shop or open market selling used household goods, curios, antiques and similar goods and materials. Floor Area. The square feet of floor space within the outside line of walls, including the total of all space on all floors of a building. Floor area shall not include porches, garages or space in a basement or cellar which is used for storage or mechanical space. Floor Area Ratio. The gross floor area of all buildings on a lot divided by the lot area on which the building or buildings are located. Flood. A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source. Flood Elevation. The elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the one hundred (100)- year flood elevation is the elevation of flood waters related to the occurrence of the one hundred (100)- year flood. Flood Hazard Area. Any area subject to flooding by 1% probability flood, otherwise referred to as one hundred (100)-year flood, as designated by the Iowa Natural Resources Council or the Federal Insurance Administration. Flood Insurance Rate Map (Firm). The official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community. Floodplain. Any land area susceptible to being inundated by water as a result of a flood. Floodplain Management. An overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of flood plains, including but not limited to emergency preparedness plans, flood control works, flood proofing and flood plain management regulations. Flood Proofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures. Floodway. The channel of a river or stream and those portions of the flood plains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

303 MONROE COUNTY UNIFIED DEVELOPMENT CODE not cumulatively increase the water surface elevation of the base flood by more than one (1) foot. Floodway Fringe. Those portions of the flood plain, other than the floodway, which can be filled or otherwise obstructed without causing substantially higher flood levels or flow velocities. Forty-Acre Aliquot Part. One-quarter (¼) of onequarter (¼) of a section. Frontage. All the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street. General Services. Establishments primarily engaged in providing assistance, as opposed to products, to individuals, businesses, industry, government and other enterprises, including hotels and other lodging places; personal business, repair and amusement services; health, legal, engineering and other professional services; educational services; membership organizations; and other miscellaneous services. Governing Body. The Board of Supervisors of Monroe County, Iowa. Government Lot. A tract, within a section, that is normally described by a lot number as represented and identified on the township plat of the United States Public Land Survey System. Grade. The average level of the finished surface of the ground adjacent to the exterior walls of the building except when any wall approximately parallels and is not more than five (5) feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade. Group Home. A facility licensed by the State for developmentally disabled residents requiring custodial care. (See also Family Home) Group Quarters. A building or structure used as a place of residence by several persons who share the living accommodations and do not occupy separate dwelling units. Group quarters are found in institutions, dormitories, rooming and boarding houses, lodges, sorority and fraternity houses, and similar establishments. For the purpose of determining lot area requirements for group quarters, sleeping capacity for six (6) individuals shall be treated as one (1) dwelling unit. Health Care Facility. A facility or institute, whether public or private, principally engaged in providing services for health maintenance, diagnoses or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, outpatient clinic, dispensary, home health care agency, and bio-analytical laboratory or central services facility serving one (1) or more institutions but excluding institutions that provide healing solely by prayer. Height of a Building. The vertical distance from the grade to the highest point of the coping of flat roof or to the deck line of a mansard roof or the ridgeline for a gambrel roof; or to the mean height level between eaves and ridges for gable and hip roofs, or twothirds (2/3) the distance between grade and ridge for A-type roofs and other roofs with a 12:12 or greater pitch. (See Exhibit 10.2C) Exhibit 10.2C Building Height Historic Structure. Any structure that is: a. Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of the National Register; b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or, d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either; i) an approved state program as determined by OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

304 MONROE COUNTY UNIFIED DEVELOPMENT CODE the Secretary of the Interior; or ii) directly by the Secretary of the Interior in states without approved programs. Home Occupation. An occupation or a profession which is accessory and incidental to the residential use of the property. Home Industry. A home-based business that is similar to, but more intensive than, a home occupation. Hotel. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, but not a boarding house or lodging house. Hub Height. The distance measured from ground level to the cener of the turbine hub of a Wind Energy System (CWES or PWES). Hunting Preserve: means property and facilities either privately owned or leased for holding, rearing, releasing, or processing captive raised game for the purpose of hunting, for a fee. Individual Sewage Disposal System. A septic tank, seepage tile sewage disposal system or any other approved sewage treatment device. Improvements. Changes to land necessary to prepare it for building sites including, but not limited to, grading, filling, street paving, curb paving, sidewalks, walkways, water mains, sewers, drainage ways and other public works and appurtenances. Incidental Retail. Sales of goods that is secondary to the primary service or activity of a home occupation or industry in terms of area and income generation. (Eff. 2/21/2012) Inoperable Vehicle. Any motor vehicle, including implements of agriculture not a part of a farm or farming operation, which lacks a current registration or a registered vehicle which lacks two (2) or more wheels or any other component parts, the absence of which renders the vehicle illegal for use on the highway. Intersection. The meeting of two (2) paved roads. Junk. Any scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed or other such use or disposition. Junk Yard. See salvage yard. Kennel. An establishment where dogs are boarded for compensation or where dogs are bred or raised for commercial purposes or sale. Large Equipment/Vehicle Repair. The repair of any motorized vehicle or piece of equipment weighing in excess of 1000 lbs. (Eff. 2/21/2012) Lineal Descendant. A lineal descendant refers to a blood relative in the direct line of descent. The children, grandchildren, great-grandchildren, etc. of a person. (Eff. 2/21/2012) Livestock. Cattle, horses, sheep, swine and poultry. Any other animal or fowl which are being produced primarily for use as food or food products for human consumption. Loading Space. A space within the main building or on the same lot provided for the standing, loading, or unloading of trucks. Local (Street). A thoroughfare that provides access to individual lots and that carries low volumes of traffic at low speed. See adolpted Master Plan. Lot. A legally platted parcel of land occupied or intended for occupancy by one or more main buildings together with accessory buildings. The boundaries of the lot shall be determined by its lot lines. Exhibit 10.2D Lots Exhibit 10.2D). Lot Area. Total horizontal area within lot lines. Lot, Corner. A lot abutting upon two (2) or more streets at their intersection. (See Exhibit 10.2D). Lots, Depth, of. The mean horizontal distance between the front and rear lot lines. Lot, Flag. A lot having no frontage or access to a street or place except by a narrow strip of land. Lot, Front. The lot line separating the front of the tract or parcel from the street. However, in cases where the tract or parcel abuts two streets the front lot line shall be determined to be the side facing the street on which Monroe County 911 has addressed the property and which the 911 sign is located. OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

305 MONROE COUNTY UNIFIED DEVELOPMENT CODE Lot, Interior. a lot other than a corner lot. Lot Line. Property line bounding a lot. Lot Line, Rear. The lot line which is opposite and most distant from the front lot line. Lot Line, Side. Any lot line other than a front or rear lot line. A side lot line separating a tact or parcel from a front or rear lot line. Lot of Record. A lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder. Lot, Through or Double Frontage. A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot. (See Exhibit 10.2D). Lot Width. The width of a lot measured at the required front building setback and at right angles to its depth. Lowest Floor. The floor of the lowest enclosed area in a building including a basement except when all the following criteria are met: a. The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of Section 6.5 of this Code; and b. The enclosed area is unfinished (not carpeted, dry walled, etc.) and used solely for low damage potential uses such as building access, parking or storage; and c. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one (1) foot above the one hundred (100)-year flood level; and d. The enclosed area is not a "basement" as defined in this section. In cases where the lowest enclosed area satisfies criteria a, b, c, and d above, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above. Major Collector Street. A primary street that carries moderate to high volumes of traffic and collects the traffic from local streets as designated on a functional street classification map adopted by the County. (Eff. 2/21/2012) Manufactured Home. (HUD Homes) A home built entirely in the factory under a federal building code administered by the U.S Department of Housing and Urban Development (HUD). The Federal Manufactured Home Construction and Safety Standards (commonly know as the HUD Code) went into effect June 15, Manufactured homes may be single- or multi-section and are transported to the site and installed and used as a place for human habitation as defined by a dwelling unit, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A manufactured home will be titled and will have a metal seal on the back left corner with the HUD number on it. Manufactured Home Park. Any site, lot, or tract of land upon which two (2) or more occupied manufactured homes are harbored, either free of charge, or for revenue purpose and as regulated by the Code of Iowa. Meteorological Tower (Met Tower). Towers which are erected primarily to measure wind speed and directions plus other data relevant to siting wind energy system(s). Metes and Bounds. A description of land that uses distances and angles, uses distances and bearings, or describes the boundaries of the parcel by reference to physical features of the land. Minimum Descent Altitude. The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach to during circle-to-land maneuvering in execution of a standard instrument approach procedure, where no electronic glide slope is provided. Minimum En-Route Altitude. The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes. Minimum Obstruction Clearance Altitude. The specified altitude in effect between radio fixes on VOR airways, off-airway routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage only within twenty-two (22) miles of a VOR. Mining. The extraction of sand, gravel, rock, soil, coal or other material from the land in the amount of one thousand (1,000) cubic yards or more and the removing thereof from the site including coal processing. The only exclusion from this definition shall be removal of materials associated with the construction of a building. Minor Collector Street. A primary street that carries light to moderate amounts of traffic and collects traffic from local streets as designated on a functional street classification map adopted by the County. (Eff. 2/21/2012) Mixed Use. Any development that includes both residential and commercial uses on a single site, excluding home occupations and home industries. (Eff. 2/21/2012) Mobile Home. (Pre-HUD Home) Term used for manufactured homes produced prior to June 15, OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

306 MONROE COUNTY UNIFIED DEVELOPMENT CODE 1976, when the HUD Code went into effect. Modular Home. Factory-built structure, which is manufactured or constructed under the authority of 42 U.S.C and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axels. This home is built to the state, local or regional code where the home will be located. Modules are transported to the site and installed. (Also see manufactured housing.) A modular home must be on a basement as set out in the Code of Iowa. A modular home is built to UBC Code and will not have a title. Monopole Tower. A tower consisting of a single pole, constructed without guy wires and ground anchors. NEPA. The National Environmental Policy Act [42 U.S.C et seq.] was signed into law on January 1, The act establishes national environmental policy and goals for the protection, maintenance, and enhancement of the environment and it provides a process for implementing these goals within the federal agencies. New Construction. Those structures or development for which the start of construction commenced on or after the adoption of these regulations. New Factory-Built Home Park or Subdivision. A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the effective date of flood plain management regulations adopted by the community. Non-Conforming Use. Any use lawfully established prior to the time of passage of this ordinance or amendments thereto, which does not conform after the passage of this ordinance or amendments thereto with the use regulations of the district in which it is situated. Nursing Home. A home for aged, chronically ill or incurable persons in which three (3) or more persons, not of the immediate family, are received, kept and provided with food or shelter and care for compensation. Nursery School/Pre-School. A school for children ages six (6) and under who receive instruction and participate in recreation, arts and crafts for less than eight (8) hours per day. It does not include child care centers or home day care where care and supervision are provided for more than eight (8) hours per day for any child. Off Grid. Not connected to a public utility. Official Plat. Either an auditor s plat or a subdivision plat that meets the requirements of this Code and has been filed for record in the offices of the recorder, auditor and assessor. On Grid. Connected to a public utility. One Hundred (100)-Year Flood - A flood, the magnitude of which has a 1% chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded a least once every one hundred (100) years. Opaque Screening. Screening that is opaque (solid) from the ground to a height of at least six feet provided that they do not conflict with the required sight triangle and are not in the right of way. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. (Eff 2/21/2012) Overlay District. A district which acts in conjunction with the underlying zoning district or districts. Development within the overlay district must conform to the requirements of both zones or the more restrictive of the two. Owner. The legal entity holding title to the property being divided, or such representative or agent as is fully empowered to act on its behalf. Parcel. A tract of land under the same ownership that is contiguous which has not been divided by deed or subdivision. Parking Space. A surfaced area, enclosed in the main building or in any accessory building, or unenclosed, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway. Paved Road. A road constructed with cement concrete or asphaltic concrete. (Eff 2/21/2012) Permanent Foundation. A site-built or siteassembled system of stabilizing devices. It shall be capable of transferring design dead loads and live loads required by Federal regulations and other design loads unique to local home sites, wind, seismic, soil, and water site conditions that may be imposed on the structure. The foundation shall be to a depth of not less than forty-two (42) inches below grade and constructed of materials approved by Sections 25, 26 or 29 of the Uniform Building Code Standards dated Permanent Real Estate Index Number. A unique number or combination of numbers assigned to a parcel of land pursuant to Section of the Code OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

307 MONROE COUNTY UNIFIED DEVELOPMENT CODE of Iowa. Personal Services. Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, and which may be regulated or licensed by an appropriate governmental jurisdiction or agency. Personal services include, but are not limited to: laundry, including pressing and cleaning service, linen supply, diaper service, beauty shops, barbershops, shoe repair, funeral services, steam baths, reducing salons and health clubs, clothing rental, locker rental, porter service, domestic services, tattoos, body piercing or massage. Personal Wind Energy System (PWES). A wind energy system, which has a rated capacity of 100 kw or less; shall be limited to one for each property; and is used exclusively to supply electrical power for onsite use for no more than one (1) dwelling and the associated accessory structure(s), except that excess electrical power generated by the PWES and not needed for on-site use may be used by the utility company. Place. An open unoccupied space or a public or private thoroughfare, other than a street or alley, permanently reserved as the principal means of access to an abutting property. Plat. A map, drawing or chart on which a sub divider s plan for the subdivision of land is presented, that he or she submits for approval and intends, in final form, to record. Porch Unenclosed. A roofed projection which has not more than 50% of each outside wall area enclosed by a building or siding material other than meshed screens. Pre-HUD Mobile Home. Term used for manufactured homes produced prior to June 15, 1976, when the HUD Code went into effect. Prime Farmlands. All land in capability Class I, most of Class II, and Class III that has an adequate water management system, and as identified in the soil conservation service technical guide entitled Iowa Soil Map Units that Qualify as Prime Farm Land, April 1984, and which boundaries are identified in the Monroe County soil survey issued September Primitive Residence (Cabin), A single family residence without potable water or sanitary facilities. Allowed in A-1 or A-2 areas only with an outside privy required. Principal Use or Structure. The predominant use of land or structures as distinguished from an accessory use. Proprietor. A person who has a recorded interest in land, including a person selling or buying land pursuant to a contract, but excluding persons holding mortgage, easement or lien interest. Premises. The land together with any buildings or structures located thereon. Rational Method. A method of calculating stormwater runoff. A Rational Formula (Q=CIA) is used to estimate the peak rate of runoff from a given drainage basin. Recreational Vehicle. A vehicle which is: a. Built on a single chassis; b. Designed to be self-propelled or permanently towable by a light duty truck; or c. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Residential Treatment Facility. Residences usually occupied by the frail elderly, or similarly frail individuals, that provide rooms, means, personal care and health monitoring services under the supervision of a professional nurse, and that may provide other services such as recreational, social and cultural activities, financial services and transportation. The facility does not include developmentally disabled individuals. Re-subdivision. Any subdivision of land that has previously been excluded in a recorded plat. In appropriate context, it may be a verb referring to the act of preparing a plat of previously subdivided land. Right-of-Way. Land area, the right to possession of which is secured or reserved by the contracting authority for road purposes. Road (Street). A public or private thoroughfare which affords the principal means of access to abutting property. Roadside Stands. A temporary structure for the display and sale of agricultural products. Roto Diameter. The diameter of the circle described by the moving rotor blades. Runway. A defined area on an airport prepared for landing and take-off of aircraft along its length. Salvage Yard. Any area, lot, land, parcel, building or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage or disposal of junk. The presence on any lot, parcel or tract of land of three (3) or more inoperable motor vehicles shall constitute prima facie evidence of a salvage yard. School. Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge. School, Boarding. A non-profit or for-profit school in which lodging and meals are provided. School, Parochial. Any school supported and controlled by a church or religious organization. OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

308 MONROE COUNTY UNIFIED DEVELOPMENT CODE School, Primary. Any school licensed by the state for elementary education. School, Private. Any building or group of buildings the use of which meets state requirements for elementary, secondary or higher education and which does not secure the major part of its funding from any governmental agency. School, Secondary. Any school licensed by the state that is authorized to award diplomas for secondary education. Setback. The minimum required distance from the property line to any portion of a structure. (See Exhibit 10.2F). Exhibit 10.2F Setback church or school, and visible from any public street or right-of-way and designed to attract attention for commercial or non-profit purposes. This is not to be construed to include directional signs erected or required by governmental bodies, legal notices, signs bearing only property numbers or names of occupants of premises. (See Exhibit 10.2G and Section 7.7) Exhibit 10.2G Sign Types Sewer System, Community. A public or private sewerage collection system with treatment and disposal facilities providing secondary treatment meeting applicable County and State effluent standards. A community sewer system as herein defined shall not include septic tanks. SHPO. State Historic Preservation Officer; The official designated by the Governor to administer the State s historic preservation program and the duties described in 36 CFR Part 61 including nominating properties to the National Register. Sign. Any word(s), lettering, figures, emblems, pictures, trade names, or trademarks used by an individual, firm or association, a corporation, a profession, a business, a service, a community, Sign, Awning. A sign that is mounted or painted on, or attached to an awning, canopy, or marquee that is otherwise permitted by ordinance. Sign, Facade. See Sign, Wall. Sign, Ground. Any sign other than a pole sign, placed upon or supported by the ground independent of any other structure. Also called a berm sign. Sign Lighting - Back Lit. Sign illumination from behind. Sign Lighting Direct Lighting. Lighting in which the greater part of the light goes directly from the source to the area lit. Sign Lighting Indirect Lighting. Sign lighting in which the light emitted by a source is not directly (diffusely) reflected. Sign Lighting Internal Lighting. Sign illuminated by artificial lighting from the interior. Sign, Pole. A sign that is mounted on a free standing pole or other support so that the bottom edge of the sign is six (6) feet or more above ground. Sign, Portable. A sign that is not permanently affixed to a building, structure or the ground. Sign, Projecting. A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building. Sign, Roof. A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

309 MONROE COUNTY UNIFIED DEVELOPMENT CODE line of a building with a mansard roof. Sign, Wall. A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than twelve (12) inches from such building or structure. Sign, Window. A sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window. Shopping Center. A separate and distinct commercially used area under single ownership or unified control, including one (1) or more separate business establishments. Small Equipment/Vehicle Repair. The repair of any motorized vehicle or piece of equipment weighing less than 1000 lbs. (Eff. 2/21/2012) Solid Waste Disposal. Land utilized for disposing of solid wastes in accordance with the rules and regulations of the Department of Environmental Quality. Special Flood Hazard Area. The land within a community subject to the "one hundred (100)-year flood". This land is identified as Zone A on the community's Flood Insurance Rate Map. Stable, Private. A building or structure used or intended to be used for housing horses belonging to the owner of the property only for non-commercial purposes. Stable, Public and Riding Academy. A building or structure used or intended to be used for the housing only of horses on a fee basis. Riding instruction may be given in connection with a public stable or riding academy. Start of Construction. Includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within one hundred eighty (180) days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. Storage Units. An enclosed structure containing separate storage spaces of varying sizes leased or rented on an individual basis with no exterior storage. Story. That portion of a building, other than a basement or cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, the space between the floor and the ceiling next above it. Story, (Half). A space under a sloping roof which has a line of intersection of roof decking and wall face not more than four (4) feet above the top floor level. Street (Road). A public or private thoroughfare which affords the principal means of access to abutting property. Street (Local). A thoroughfare that provides access to individual lots and that carries low volumes of traffic at low speed. See adopted Master Plan. Street Line. The right-of-way line of a street. Structural Alterations. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantive change in the roof or in the exterior walls beyond ordinary repairs and maintenance. Structure (Building). Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory- built homes, storage tanks, and other similar uses. Sub divider. The owner of the property being subdivided, or such other person or entity empowered to act on the owner s behalf. Subdivision. The division of land, whether vacant or improved, into two or more parts for the purpose, whether immediate or future, of transfer of ownership or building development, including re-subdivision. The term, when appropriate to the context, may refer to the process of subdividing or to land subdivided, or to interests for the purpose of sale or lease, whether by deed, metes and bounds, description, devise, intestacy, map, plat or other recorded instrument. Subdivision Plat. The graphic representation of the subdivision of land, prepared by a registered land surveyor, having a number or letter designation for each lot within the plat and a concise name or title OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

310 MONROE COUNTY UNIFIED DEVELOPMENT CODE that is unique for the county where the land is located. Substation(s). Any electrical facility designed to convert electricity produced by wind turbines to a voltage greater than 35,000 volts (35V) for interconnection with high voltage transmission lines and shall be located outside of the road right of way. Surveyor. A registered land surveyor who engages in the practice of land surveying pursuant to Chapter 542B of the Code of Iowa. Telecommunication Tower. A structure that is intended to send and/or receive radio, television or telephone communications. Temporary Accessory Dwelling. A residence permitted thru the Conditional Use process on the same tract of land that the principal residence is located on. A temporary accessory dwelling is permitted for a short duration of time as established in the Conditional Use Permit but shall not exceed a two year period. Total System Height. The highest point from ground level to the tip of a wind generator blade (or any other part of the wind energy system) at it highest point. Tower. The vertical structures that support the electrical generator, rotor blades, or meteorological equipment of a wind generator. Tract. An aliquot part of a section, a lot within an official plat or a government lot. Transmission Line. Electrical power lines that carry voltage of at least 69,000 volts (69V) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers. Travel Trailer or Camping Trailer. A vehicle with or without motive power that is or was initially used, designed or constructed to be used as a conveyance upon the public streets and highways and so designed to permit the vehicle to be used as a place of human habitation by one or more persons. This definition includes recreational vehicles. Travel Trailer or Recreational Vehicle Park. An area licensed and used or offered for use in whole or in part, with or without charge, for the parking of occupied travel trailers, pickup campers, converted buses, motor homes, tent trailers, tents or similar devices used for temporary, portable housing. Unoccupied travel trailers and similar devices may be stored in the park, but only in an area marked for storage. No repair, maintenance, sales or servicing, or such devices are allowed in the park. Ungulate: means hoofed non-domesticated mammal other than livestock. Use. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained. Use, Accessory. A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Use, Conditional. A use classified as conditional may be appropriate or desirable in a specified zone, but requires special approval because if not carefully located or designed, it may create special problems such as excessive height, bulk or abnormal traffic congestion. Use, Non-Conforming. Use of land, buildings or structures legally existing at the effective date of this Code which does not comply with all regulations of the Code, or any amendments hereto, governing the zoning district in which such use is located. Use, Permitted. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district. Use, Principal. The main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional. Utilities. The generation, transmission, distribution or collection of water, gas, electricity, steam, wastewater, stormwater or communications. Variance. A variance is a modification of the requirements of the Code where such variance will not be contrary to the public interest and where, because of conditions peculiar to the property, a literal enforcement of the requirements would result in unnecessary and undue hardship. Vested Rights. Right to initiate or continue the establishment of a use which will be contrary to a restriction or regulation coming into effect when the project associated with the use is completed. Violation. The failure of a structure or other development to be fully compliant with this Unified Development Code and or other governmental rules and regulations to include the community's flood plain management regulations. Visual Runway. A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, or by any planning document submitted to the FAA by competent authority. Water System, Community. A public or private water distribution system having a common source of supply and necessary treatment facilities. Wind Energy System. Electricity generating facility consisting of one or more Wind Turbines under OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

311 MONROE COUNTY UNIFIED DEVELOPMENT CODE common ownership or operating control, and may include substations, meteorological tower (MET Tower), cables/ wires and other buildings accessory to such a facility, whose main purpose is to supply electricity to off-site customer(s) or to individual system owners/property owners. Wind Energy System Placement Permit. Placement permit for a Commercial Wind Energy System(s) (CWES) and Personal Wind Energy System(s) (PWES) in accordance with the provisions of the Monroe County Unified Development Code. Wind Turbine. A wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator, and includes the turbines, blade, tower, base and pad transformer, and any other related equipment. Wind Turbine Generator. Component of a wind energy conversion system that transforms mechanical energy from the wind into electrical energy. Yard. An open space between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from two and one half (2½) feet above the ground upward except as otherwise provided herein. (See Exhibit 10.2H). Exhibit 10.2H Yard Yard, Rear. The area between the rear lot line and the rear of the main building or any projection thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. Yard, Side. The area between the main building and the side line of the lot and extending from the front yard to the rear yard, except on the street side of a corner lot, the side yard shall extend from the front yard to the rear lot line. Zoning Amendment. A change of the official zoning map, code text, master plan, comprehensive plan and other zoning adaptations authorized by the Board of Supervisors, which changes the same. Zoning Commission. The appointed commission designated by the Governing Body for the purpose of this Code, known as the Planning and Zoning Commission. Zoning Permit. A lawful permit issued by the Zoning Administrator of Monroe County, Iowa, for the erection, reconstruction or alteration of a building or structure or the use of land. Yard, Front. The area extending across the front of a lot and being the area between the street line and the main building or any projection hereof, other than the projection of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension, except where the owner shall elect to front his building on the street parallel to the lot line having the greater dimension. OCTOBER 6, CHAPTER 10: DEVELOPMENT PROCEDURES

312 Ordinance No. 36 AN ORDINANCE ADOPTING THE CODE OF ORDINANCES OF MONROE COUNTY, IOWA, 2013 BE IT ENACTED by the Board of Supervisors of Monroe County, Iowa: SECTION 1. PURPOSE The purpose of this ordinance is to adopt the Monroe County Code of Ordinances as provided in Section , Code of Iowa. This ordinance re-adopts ordinances already in effect and repeals any ordinance deemed no longer necessary to the operation of Monroe County, Iowa, or to the health, safety, and welfare of its citizens. SECTION 2. ADOPTION OF THE CODE OF ORDINANCES OF MONROE COUNTY, IOWA Upon its review of the Ordinances of Monroe County, Iowa, the Board of Supervisors of Monroe County has determined the following ordinances and amendments to ordinances have been previously adopted and enacted into law, and were duly published as the law provides. The following ordinances, stated by number and summarized below, along with this ordinance shall become the Official Code of Ordinances for Monroe County, Iowa ORDINANCE NUMBER 1 TAX EXEMPTION ORDINANCE in its entirety Passed and Approved September 6, 1983 An ordinance of the Board of Supervisors of Monroe County, Iowa, providing for the partial exemption from property taxation of the actual value added to industrial real estate by the new construction of industrial real estate and the acquisition of or improvement to machinery and equipment assessed as real estate. ORDINANCE NUMBER 2 (repealed January 5, 1995) ORDINANCE NUMBER 3 AREA SERVICE SYSTEM B ROAD(SECONDARY ROADS) in its entirety Final Reading and Passage on January 29, 1986 An ordinance establishing the Area Service System B Road Classification in Monroe County, Iowa. ORDINANCE NUMBER 4 (amended June 29, 1988) ESTABLISHING REQUIREMENTS FOR LANDFILL OPERATION in its entirety Final Reading and Passage on September 17, amended June 29, 1988 An ordinance establishing requirements for the operation of Landfills within the County and providing enforcement mechanisms. ORDINANCE NUMBER 5 (repealed April 16, 2002) ORDINANCE NUMBER 6 (repealed September 20, 2005) ORDINANCE NUMBER 7 (amended September 14, 1990) MONROE COUNTY COMPREHENSIVE ZONING in its entirety Final reading and passage August 3, 1990 amended September 14, 1990 The purpose of this Ordinance is to promote public health, safety, comfort and general welfare; to conserve and protect property values; to encourage the most appropriate use of land through orderly development; to conserve and protect our natural resources; to facilitate adequate but economical provisions for public improvements; and to protect private property rights, all in accordance with and as permitted by the provisions of Chapter 358A, Code of Iowa (1989, as amended). ORDINANCE NUMBER 8 RELATING TO THE DISPOSAL OF YARD WASTES ON AND AFTER JAN. 1, 1991 in its entirety Final reading and passage December 27, 1990 The purpose of this ordinance is to provide for the orderly disposal of yard waste; to preserve scarce land available for sanitary landfills through waste reduction; and to further provide for the health, safety, and welfare of the people of Monroe County. This ordinance is intended to implement Iowa Code Section 455D.9 (as shown in Chapter 272, Section 9 of the 1989 Session Laws of the 73 rd Iowa General Assembly).

313 ORDINANCE NUMBER 9 RELATING TO HAZARDOUS WASTE CLEAN UP AND COST OF CLEANUP in its entirety Final reading and passage January 25, 1991 In order to reduce the danger to public health, safety, and welfare from hazardous substances, procedures should be adopted by Monroe County to provide for the responsible clean up of hazardous conditions occurring within the County: the person having control over the hazardous waste or substances should be responsible for the clean up and costs of the clean up. ORDINANCE NUMBER 10 URBAN RENEWAL AREA in its entirety Final reading and passage December 20, 1991 An ordinance providing for the division of taxes levied on taxable property in the Monroe County urban renewal area, pursuant to Section of the Code of Iowa. ORDINANCE NUMBER 11 UTILITY LINE INSTALLATION AND FEES in its entirety Final reading and passage January 5, 1993 An ordinance providing for the issuance of permits for utility line installation and the collection of inspection fees and to provide penalties for violations. ORDINANCE NUMBER 12 (amended April 16, 2002) WASTEWATER TREATMENT AND DISPOSAL SYSTEM in its entirety Final reading and passage March 9,1993 amended April 16, 2002 An ordinance relating to on-site wastewater treatment and disposal system and providing penalties for violations. Amended Section Permit Procedures (a), (b) and (f), relating to applications, fees and inspections: and Section Penalties (b) and (c), relating to violations and penalties as set in the Code of Iowa, April 16, ORDINANCE NUMBER 13 ISSUING SITING PERMITS FOR SOLID WASTE LANDFILLS in its entirety Final reading and passage February 8, 1994 An ordinance implementing this county s responsibilities in issuing siting permits for solid waste landfills and provide for proper operation of these facilities; closure of these facilities; waste reduction at the source; protection of the environment and the ground water; assessment of fees; and to provide penalties for violations. ORDINANCE NUMBER 14 REGULATING THE USE OF SEWER TREATMENT AVERY in its entirety Final reading and passage September 16, 1994 An ordinance regulating the use of sewage treatment system in the unincorporated town of Avery, Iowa. ORDINANCE NUMBER 15 (repealed October 30, 2001) ORDINANCE NUMBER 16 CERTAIN RESTRICTIONS ON CEMETERIES IN MONROE COUNTY in its entirety Final reading and passage September 6, 1995 An ordinance setting for the certain restrictions on the use of cemeteries located in Monroe County. ORDINANCE NUMBER 17 (repealed November 12, 2003) ORDINANCE NUMBER 18 (repealed August 19, 2003) ORDINANCE NUMBER 19 (amended April 16, 2002) RURAL ADDRESSING in its entirety Final reading and passage October 1, 1999 amended April 16, 2002 An ordinance establishing provisions, administration, and violations & penalties for rural addressing. Amended section NEW STRUCTURES

314 ORDINANCE NUMBER 20 (repealed November 9, 2005) ORDINANCE NUMBER 21 (repealed December 5, 2003) ORDINANCE NUMBER 22 CEMETERY COMMISSION in its entirety Final reading and passage January 21, 2002 published January 24, 2002 An ordinance establishing a Cemetery Commission in Monroe County, Iowa and authorizing its officers to establish rules and regulations governing its organization and procedures (powers and duties relating to pioneer cemeteries). ORDINANCE NUMBER 23 (repealed 2007) ORDINANCE NUMBER 24 SPEED RESTRICTION ORDINANCE in its entirety Final reading and passage August 19, 2003 published August 19 & 21, 2003 An ordinance restricting the speed of motor vehicles on Secondary Roads in Monroe County, Iowa. ORDINANCE NUMBER 25 ESTABLISHING A LOCAL OPTION SALES AND SERVICES TAX IN MONROE COUNTY, IOWA in its entirety Final reading and passage Sept. 16, 2003 published Sept. 16 & 18, 2003 An ordinance establishing a Local Option Sales and Services Tax in Monroe County, Iowa. ORDINANCE NUMBER 26 AREA SERVICE C ROAD CLASSIFICATION IN MONROE COUNTY, IOWA- in its entirety Final reading and passage Nov. 12, 2003 published Nov. 13 & 18, 2003 An ordinance establishing Area Service C Road Classification in Monroe County, Iowa. ORDINANCE NUMBER 27 (repealed November 1, 2005) ORDINANCE NUMBER 28 ESTABLISHING A SCHOOL LOCAL OPTION SALES AND SERVICES TAX IN MONROE COUNTY, IOWA in its entirety Final reading and passage May 5, 2004 published May 11 & 13, 2004 An ordinance establishing a School Local Option Sales and Services Tax applicable to transactions within the Albia Community, Eddyville-Blakesburg Community, Moravia Community and Russell Community School Districts of Monroe County, Iowa. ORDINANCE NUMBER 29 (amended Jan. 9, 2007; April 7, 2009; Dec. 21, 2010 & Feb. 14, 2012) MONROE COUNTY UNIFIED DEVELOPMENT CODE in its entirety Final reading and passage Sept. 20, 2005 published Oct. 4 & 6, 2005 An ordinance establishing the Monroe County Unified Development Code. ORDINANCE NUMBER 30 SNOW AND ICE REMOVAL & MAINTENANCE OF ORDINANCE SECONDARY ROADS DURING WINTER MONTHS IN MONROE COUNTY, IOWA in its entirety Final reading and passage Nov. 1, 2005 published Nov. 8 & 10, 2005 An ordinance establishing the Policy and Level of Service in Respect to Removal of Snow or Ice and Maintenance of Monroe County s Secondary Roads During Winter Months.

315 ORDINANCE NUMBER 31- repealed August 9, 2011 ORDINANCE NUMBER 32 PROHIBITING SEX OFFENDERS FROM RESIDING WITHIN TWO THOUSAND FEET OF A SCHOOL, CHILD CARE FACILITY, PUBLIC PARK, PUBLIC PLAYGROUND, CHURCH OR PUBLIC LIBRARY in its entirety Final reading and passage July 2, 2007 published July 3 & 5, 2007 An ordinance providing for the safety and well being of all citizens of Monroe County, Iowa by prohibiting sex offenders from residing within two thousand feet of the real property comprising a school, child care facility, public park, public playground, church or a public library. ORDINANCE NUMBER 33 repealed ORDINANCE NUMBER 34 REGULATING THE USE OF THE WASTE WATER SEWAGE TREATMENT SYSTEM IN MONROE COUNTY, IOWA- in its entirety Final reading and passage June 2, 2009 published June 4 & 9, 2009 An ordinance regulating the use of the waste water sewage treatment system in Monroe County, Iowa (repeals all ordinances or parts of ordinances in conflict herewith). ORDINANCE NUMBER 35 DESIGNATING THE BOUNDARIES OF THE VOTING PRECINCTS OF MONROE COUNTY, IOWA- in its entirety Final reading and passage August 9, 2011 published August 11 & 16, 2011 An ordinance repealing Ordinance No. 31 and adding a new ordinance establishing the precinct boundaries of the election precincts lying outside the corporate limits in Monroe County, Iowa as provided in Iowa Code Section SECTION 3. REPEALER CLAUSE. All Ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. An official copy of the Code of Ordinances of Monroe County, Iowa, 2013, adopted by this ordinance, including a certificate of the County Auditor as to its adoption and the effective date, is on file in the Office of County Auditor, 10 Benton Ave. East, Albia, Iowa, Monday through Friday, 8:00 a.m. to 4:00 p.m., and shall be kept available for public inspection. SECTION 6. EFFECTIVE DATE. All provisions of the Code of Ordinances of Monroe County, Iowa, 2013 shall be in force and effect on and after the effective date of this ordinance. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed and approved by the Board of Supervisors the 12th Day of February, MONROE COUNTY, IOWA Dennis J. Ryan DENNIS J. RYAN, Chairman Monroe County Board of Supervisors ATTEST: Jeannie Bettis JEANNIE BETTIS, Monroe Co. Auditor

316 I, Jeannie Bettis, Monroe County Auditor, certify the foregoing Ordinance No. 36 An Ordinance Adopting the Monroe County Code of Ordinances 2013 was published Feb. 14, 2013 & Feb. 19, Jeannie Bettis JEANNIE BETTIS, Monroe Co. Auditor Passage of Ordinance No. 36 First Reading - Feb. 12, 2013 Second Reading - waived Third Reading - waived Final Consideration & Passage - Feb. 12, 2013 Proposed Ordinance No. 36_ An Ordinance Adopting the Monroe County Code of Ordinances 2013 was published _Jan. 24_, 2013 and Jan. 29, 2013.

317 Ordinance 37 BE IT ENACTED BY THE MONROE COUNTY BOARD OF SUPERVISORS: Section 1. Sec (1) of the Iowa Code allows the Board of Supervisors to set compensation for township trustees. Section 2. The township trustees act as Fence viewers pursuant to the provisions of Ch. 359A of the Iowa Code. Section 3. It is necessary that the Board establish the compensation of the Fence viewers. Section 4. The Board of Supervisors sets the initial visit fee at $ which will include three hours for the Trustees and mileage. Section 5. Each additional hour over three hours is set at $25.00 per hour or a fraction of an hour per Trustee. Section 6. REPEALER CLAUSE. All ordinances in conflict herewith are hereby repealed. Section 7. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 8. WHEN EFFECTIVE. This Ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. Passed and approved by the Board of Supervisors this 5 th day May Monroe County, Iowa ATTEST: Peggy Vandenberg Peggy VandenBerg, Acting Auditor By John Hughes John Hughes, Chairman Monroe County Board of Supervisors

318 ORDINANCE NO. 38 AN ORDINANCE TO ESTABLISH A POLICY FOR THE CONSTRUCTION AND RECONSTRUCTION OF ROADWAYS AND BRIDGES ON THE MONROE COUNTY SECONDARY ROAD SYSTEM. BE IT ENACTED BY THE BOARD OF SUPERVISORS MONROE COUNTY IOWA: SECTION 1: -- PURPOSE The purpose of this ordinance is to establish Monroe County s policy for the construction of roads, reconstruction of roads, construction of bridges, reconstruction of bridges and other roadway and drainage features associated with road and bridge construction. SECTION 2: -- LEVEL OF SERVICE The level of service shall be based on traffic counts, pavement type, roadway geometrics and other data used in accepted engineering design as established by the County Engineer, Iowa Department of Transportation and the Federal Highway Administration. SECTION 3: DESIGN CRITERIA In implementation, this policy shall set the minimum design standards that Monroe County will follow in the construction or reconstruction of roads and bridges. These criteria shall be based on accepted engineering practices and standards established by the Iowa Department of Transportation and the Federal Highway Administration. The County Engineer shall assure the minimum design standards established herein are adhered to in a uniform manner unless, in his or her professional judgment, a deviation from standards is warranted. Minimum design standards are not subject to discretionary enforcement. Any deviations must be documented as unreasonable and or impossible to implement by the County Engineer and/or the County Board of Supervisors. A. PAVED ROUTES 1. New Pavement - New pavement shall be constructed with a 22 wide pavement and granular shoulders. 2. Reconstruction of Pavement - Paved roads shall be reconstructed with a 22 wide pavement or to the previous pavement width, whichever is greater with granular shoulders. B. UNPAVED ROADS 1. Gravel Roads a. New construction of a gravel road shall have a 22 finished top, including shoulders. b. Reconstruction of a gravel road shall be to the previous width prior to reconstruction. 2. Class B & C Roads - Class B and C roads will be built to the minimums as outlined by Iowa Code.

319 C. BRIDGES & Drainage Structures 1. Paved Routes a. Bridges on paved routes shall be built with a minimum width of 30. Wider structures will be installed when there are issues relating to oversized vehicles, pedestrian facilities, biking usage or other issues where the additional width is felt to be warranted. b. Culverts under paved roads shall be concrete. c. Pipe culverts larger than 54 in diameter may be substituted with reinforced box culverts. d. Design for drainage structures will be governed by accepted hydraulic design standards. Input from IDNR, Corp. of Engineers, Iowa DOT, NRCS, or USGS may impact the size and type of the structure to be placed. e. Water and livestock will use separate structures whenever possible. 2. Unpaved Routes a. Bridges will normally be a minimum of 24 on gravel roads. Dead end roads may be narrower at the discretion of the County Engineer. b. Culverts may be metal or concrete. Pipe culverts larger than 54 in diameter may be substituted with reinforced box culverts. c. Design for drainage structures will be governed by accepted hydraulic design standards. Input from IDNR, Corp of Engineers, Iowa DOT, NRCS, or USGS may impact the size and type of the structure to be placed. d. Water and livestock will use separate structures whenever possible. 3. Class B & C Roads - Class B and C roads will be built to the minimums as outlined by Iowa Code. Passed this 28 th day of July 2015 ATTEST: Amanda R. Harlan Amanda R. Harlan, Monroe County Auditor By John Hughes John Hughes, Chairman Monroe County Board of Supervisors SECTION 4: -- REPEALER All ordinances and resolutions, or parts thereof, in conflict herewith are hereby repealed. SECTION 5: -- SEVERABILITY CLAUSE If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION 6: -- WHEN EFFECTIVE This ordinance shall be in effect immediately after its final passage and publication as provided by law. In addition, this ordinance shall remain in effect until such time the Monroe County Board of Supervisors passes a future ordinance repealing this ordinance.

320 Passed and approved by the Monroe County Board of Supervisors this 28 th day of July, MONROE COUNTY, IOWA By John Hughes John Hughes, Chairman Monroe County Board of Supervisors ATTEST: Amanda R. Harlan Amanda R. Harlan Monroe County Auditor I, Amanda R. Harlan, Monroe County Auditor, certify the foregoing Ordinance No. 38 An Ordinance to Establish a Policy for the Construction and Reconstruction of Roadways and Bridges on the Monroe County Secondary Road System was published July 21, 2015 and July 23, Amanda R. Harlan Amanda R. Harlan Monroe County Auditor Passage of Ordinance No. 38 First Reading: July 28, 2015 Second Reading: Waived Final Consideration & Passage: July 28, 2015

321 Ordinance No. 39 "An Ordinance Relating to On-Site Wastewater Treatment and Disposal System and Providing Penalties for Violations" BE IN ENACTED by the Monroe County Board of Supervisors: SECTION 1. ENACTMENT. That the Board of Supervisors hereby enacts the following ordinance relating to on-site wastewater treatment disposal systems: Application of Rules: These rules are applicable only to on-site wastewater treatment disposal systems. Contractors performing work on on-site wastewater treatment and disposal systems which are located within Monroe County are required to either obtain and maintain all applicable permits for their customer's treatment and disposal system or obtain proof from the customer that such permits have been secured by the owner before the work on said systems begins Permit Procedures (a) Applications. Any person, firm or corporation desiring a permit for an on-site wastewater treatment and disposal system within Monroe County must file with ADLM acting on behalf of the Monroe County Board of Health Department. The application stating therein, owner's name, location and other pertinent information as may be required. Applications for lateral absorption system in Monroe County shall be accompanied by a soil porosity test. Upon approval of this application by ADLM acting on behalf of the Board of Health, the permit will be issued upon payment of the required fees to A.D.L.M. Environmental Health Board, who by a 28E agreement performs environmental health services for the Monroe County Board of Health. (b) Fees shall be established by resolution of the A.D.L.M. Environmental Health Advisory Board, reviewed by the Monroe County Board of Health and approved by the Monroe County Board of Supervisors. (c) Display. The permit must be displayed so as to be plainly visible from the street or public roadway before and at all times during construction. This permit must be signed by the inspecting official upon final inspection. (d) Validity. Permits shall have validity for a maximum of twelve months from the time of issuance during which time the private sewage disposal system shall be completed. (e) Notification. The proper administrative authority will be notified orally one calendar day before the work is to be inspected or tested, excluding holidays.

322 (f) Inspection. No part of any private sewage disposal system shall be used, covered, or so constructed so as to deny the mandatory final inspection by A.D.L.M. Environmental Health personnel Proof of Financial Responsibility: Proof of financial responsibility is required for on-site wastewater treatment and disposal system contractors. The purpose of this chapter is to promote and encourage public health and sanitation, and to promote good sanitation and engineering practices in Monroe County citizens. Monroe County does not guarantee the workmanship and quality of any work a private contractor performs on any on-site wastewater treatment and disposal system located in Monroe County, Iowa. Rather, Monroe County recognizes the need for properly permitted on-site wastewater treatment disposal systems which are approved and certified by the trained personnel from ADLM acting on behalf of the Monroe County Health Department, and to that end the Monroe County Board of Health and the Monroe County Board of Supervisors will establish and enforce such rules as are necessary to ensure compliance with the permit procedure for onsite wastewater disposal systems by the citizens of Monroe County, Iowa. (a) Bond or letter of Credit required. A performance bond or letter of credit is required for all on-site wastewater treatment and disposal systems contractors who perform any new installation, or alteration, or repair work on an on-site wastewater treatment and disposal system within Monroe County. The bond or letter of credit is required to insure that no contractor works on an on-site wastewater treatment and disposal system within Monroe County without either obtaining for the customer the proper and necessary permits or obtaining proof that the proper and necessary permits have been secured by the owner of the on-site wastewater treatment within Monroe County. (b) $10,000 bond or letter of credit is required to be filed with ADLM acting on behalf of the Monroe County Board of Health. Any on-site wastewater treatment and disposal system contractor who performs work on any such system within Monroe County shall obtain and secure a Ten Thousand Dollar ($ 10,000) bond or letter of credit and file the same with ADLM acting on behalf of the Monroe County Board of Health for each calendar year. (c) Any contractor who has on file with the ADLM a statement of financial responsibility, and who performs work on an on-site wastewater treatment and disposal system located within Monroe County without first securing the proper and necessary permits or securing from the customer proof that the necessary and proper permits have been secured, then the contractor risks forfeiture of his or her bond or letter of credit to the Monroe County Board of Health. However, at the next regular meeting of the County Board of Health if the contractor can show good cause why the letter of credit or bond should not be forfeited, and if such good cause is shown by compelling evidence and the County Board of Health finds by a vote of the members that such evidence does exist, then said bond or letter of credit shall not be forfeited.

323 12.04 Penalties (a) Any person who violates any provision of this Ordinance, the rules of the Monroe County Board of Health or any lawful order of said board, its officers, or authorized agents shall be guilty of a simple misdemeanor. Each additional day of neglect or failure to comply with such provision, rule or lawful order after notice of violation by the local board shall constitute a separate offense. (Iowa Code Section ) (b) Each violation of any provision of this ordinance shall be deemed a simple misdemeanor punishable by fine or imprisonment not to exceed the amounts established by the provisions set forth in Section , Code of Iowa. Each day due to imprisonment is a violation of this ordinance and shall constitute a new and separate offense. (c) Each violation of any provision of this ordinance is classified as a county civil infraction punishable by a civil penalty in the amount not to exceed the amount set forth in Sections Code of Iowa, or if the violation is a repeat offense, a civil penalty not to exceed the amount set forth in Sections Code of Iowa, for repeat offense. SECTION 2. ADOPTION OF EXISTING CODE. The provisions of: Environmental Protection (567) Chapter 69 entitled ON-SITE WASTEWATER TREATMENT AND DISPOSAL SYSTEMS of the Iowa Administrative Code is hereby incorporated and adopted by reference and made a part of this Ordinance. (Iowa Code Section (11)) SECTION 3. REPEALER. All Ordinances or parts in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided for by law. Passed and approved by the Board of Supervisors of Monroe County, Iowa this 12 th day of April 2016

324 VOTE: Hughes: aye Beary: aye Amoss: aye MONROE COUNTY, IOWA By: _John Hughes John Hughes, Chair ATTEST: _Amanda Harlan Amanda Harlan, Auditor Read first time and passed: 03/29/2016 Read second time and passed: 04/05/2016

325 Ordinance No. 40 AN ORDINANCE establishing Flood Plain Management regulations in the un-incorporated area of Monroe County. The Legislature of the State of Iowa has in Chapter 335 Code of Iowa, as amended, delegated the power to counties to enact zoning regulations to secure the safety from flood and to promote health and the general welfare of the citizens of Monroe County. FINDINGS OF FACT: The flood hazard areas of Monroe County are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extra ordinary pubic expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare of Monroe County. These flood losses, hazards, and related adverse effects are caused by: (i) The occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flooding and (ii) the cumulative effect of obstructions on the floodplain causing increases in flood heights and velocities. BE IT ENACTED by the Board of Supervisors of Monroe County, Iowa SECTION I PURPOSE: It is the purpose of this Ordinance to protect and preserve the rights, privileges and property of Monroe County and its residents and to preserve and improve the peace, safety, health, welfare, and comfort and convenience of its residents by minimizing those flood losses described in the Findings of Fact in this Ordinance with provisions designed to: A. 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. B. Require that uses vulnerable to floods, including public facilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement. C. Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard. D. Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program. SECTION II - General Provisions A. Lands to Which Ordinance Apply The provisions of this Ordinance shall apply to all lands within the jurisdiction of the County of Monroe which are located within the boundaries of the Floodplain (Overlay) District as established in Section 3. B. Rules for Interpretation of Floodplain (Overlay) District The boundaries of the Floodplain (Overlay) District areas shall be determined by scaling distances on the official Flood Insurance Rate Map. When an interpretation is needed as to the exact location of a boundary, the Monroe County Zoning Administrator shall make the necessary interpretation. The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Zoning Administrator in the enforcement or administration of this Ordinance. C. Compliance No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. D. Abrogation and Greater Restrictions It is not intended by this Ordinance to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provision of this Ordinance shall prevail. All other ordinances

326 inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. E. Interpretation In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes. F. Warning and Disclaimer of Liability The standards required by this Ordinance are considered reasonable for regulatory purposes. This Ordinance does not imply that areas outside the designated Floodplain (Overlay) District areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of Monroe County or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made there under. G. Severability If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. SECTION III - Establishment of Floodplain (Overlay) District The areas within the jurisdiction of Monroe County having special flood hazards are hereby designated as a Floodplain (Overlay) District and shall be subject to the standards of the Floodplain (Overlay) District (as well as those for the underlying zoning district). The Floodplain (Overlay) District boundaries shall be as shown on the Flood Insurance Rate Map (FIRM) for Monroe County and Incorporated Areas, dated February 16, SECTION IV - Standards for Floodplain (Overlay) District All uses must be consistent with the need to minimize flood damage and meet the following applicable performance standards. Where 100-year flood elevations and floodway data have not been provided on the Flood Insurance Rate Map, the Iowa Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination. A. All development within the Floodplain (Overlay) District shall: 1. Be consistent with the need to minimize flood damage. 2. Use construction methods and practices that will minimize flood damage. 3. Use construction materials and utility equipment that are resistant to flood damage. 4. Obtain all other necessary permits from federal, state and local governmental agencies including approval when required from the Iowa Department of Natural Resources. B. Residential buildings - All new or substantially improved residential structures shall have the lowest floor, including basement, elevated a minimum of one (1) foot above the 100- year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower than 1.0 ft. above the 100-year flood level and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allowed subject to favorable consideration by the County Board of Adjustment, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding. All new residential structures shall be provided with a means of access which will be passable by wheeled vehicles during the 100-year flood. C. Non-residential buildings - All new or substantially improved non-residential buildings shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the 100-year flood level, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood; and that the structure, below the 100- year flood level is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to North American Vertical Datum 1988) to which any structures are floodproofed shall be maintained by the Administrator.

327 D. All new and substantially improved structures: 1. Fully enclosed areas below the "lowest floor" (not including basements) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria: a A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Such areas shall be used solely for parking of vehicles, building access and low damage potential storage. 2. New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 3. New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. E. Factory-built homes: 1. All new and substantially improved factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one (1) foot above the 100-year flood level. 2. All new and substantially improved factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. F. Utility and Sanitary Systems: 1. On-site waste disposal and water supply systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding. 2. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood waters. Wastewater treatment facilities (other than on-site systems) shall be provided with a level of flood protection equal to or greater than one (1) foot above the 100-year flood elevation. 3. New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities (other than on-site systems) shall be provided with a level of protection equal to or greater than one (1) foot above the 100-year flood elevation. 4. Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems. G. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one (1) foot above the 100-year flood level. Other material and equipment must either be similarly elevated or (i) not be subject to major flood damage and be anchored to prevent movement due to flood waters or (ii) be readily removable from the area within the time available after flood warning. H. Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum, protection from a 100-year flood with a minimum of 3 ft. of design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the Department of Natural Resources. I. Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources. J. Subdivisions (including factory-built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage. Development associated with subdivision proposals

328 (including the installation of public utilities) shall meet the applicable performance standards of this Ordinance. Subdivision proposals intended for residential use shall provide all lots with a means of access which will be passable by wheeled vehicles during the 100-year flood. Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less) shall include 100-year flood elevation data for those areas located within the Floodplain (Overlay) District. K. Accessory Structures to Residential Uses 1. Detached garages, sheds, and similar structures that are incidental to a residential use are exempt from the base flood elevation requirements where the following criteria are satisfied. a. The structure shall be designed to have low flood damage potential. Its size shall not exceed 600 sq. ft. in size. Those portions of the structure located less than 1 foot above the BFE must be constructed of flood-resistant materials. b. The structure shall be used solely for low flood damage potential purposes such as vehicle parking and limited storage. The structure shall not be used for human habitation. c. The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters. d. The structure shall be firmly anchored to resist flotation, collapse and lateral movement. e. The structure's service facilities such as electrical and heating equipment shall be elevated or flood proofed to at least one foot above the base flood elevation. f. The structure s walls shall include openings that satisfy the provisions of Section IV (D) 1 of this Ordinance. 2. Exemption from the 100-year flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents. L. Recreational Vehicles 1. Recreational vehicles are exempt from the requirements of Section IV (E) of this Ordinance regarding anchoring and elevation of factory-built homes when the following criteria are satisfied. a. The recreational vehicle shall be located on the site for less than 180 consecutive days, and, b. The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. 2. Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy requirements of Section IV (E) of this Ordinance regarding anchoring and elevation of factory-built homes. M. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering. SECTION V Administration: A. Appointment, Duties and Responsibilities of Zoning Administrator 1. The Monroe County Zoning Administrator is hereby appointed to implement and administer the provisions of this Ordinance and will herein be referred to as the Administrator. 2. Duties of the Administrator shall include, but not necessarily be limited to the following: a. Review all floodplain development permit applications to assure that the provisions of this Ordinance will be satisfied. b. Review floodplain development applications to assure that all necessary permits have been obtained from federal, state and local governmental agencies including approval when required from the Department of Natural Resources for floodplain construction. c. Record and maintain a record of the elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of all new or substantially improved structures in the Floodplain (Overlay) District.

329 d. Record and maintain a record of the elevation (in relation to North American Vertical Datum 1988) to which all new or substantially improved structures have been floodproofed. e. Notify adjacent communities/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 Emergency Management Agency. f. Keep a record of all permits, appeals and such other transactions and correspondence pertaining to the administration of this Ordinance. B. Floodplain Development Permit 1. Permit Required - A Floodplain Development Permit issued by the Administrator shall be secured prior to any floodplain development (any man-made change to improved and 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. 2. Application for Permit - Application shall be made on forms furnished by the Administrator and shall include the following: a. Description of the work to be covered by the permit for which application is to be made. b. Description of the land on which the proposed work is to be done (i.e., lot, block, track, street address or similar description) that will readily identify and locate the work to be done. c. Indication of the use or occupancy for which the proposed work is intended. d. Elevation of the 100-year flood. e. Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of buildings or of the level to which a building is to be floodproofed. f. For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements. g. Such other information as the Administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this Ordinance. 3. Action on Permit Application - The Administrator shall, within a reasonable time, make a determination as to whether the proposed floodplain development meets the applicable 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 Administrator shall not issue permits for variances except as directed by the County Board of Adjustment. 4. Construction and Use to be as Provided in Application and Plans - Floodplain Development Permits based 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. 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. C. Variance 1. The Monroe County 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. a. Variances shall only be granted upon: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local codes or ordinances. b. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

330 c. 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 Administrator that: (i) 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 (ii) such construction increases risks to life and property. 2. Factors Upon Which the Decision of the Board of Adjustment Shall be Based - In passing upon applications for Variances, the Board 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 land 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. f. The requirements of the facility for a floodplain location. g. The availability of alternative 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 heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site. l. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges. m. Such other factors which are relevant to the purpose of this Ordinance. 3. Conditions Attached to Variances - Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this Ordinance. Such conditions may include, but not necessarily be limited to: a. Modification of waste disposal and water supply facilities. b. Limitation of periods of use and operation. c. Imposition of operational controls, sureties, and deed restrictions. d. Requirements for construction of channel modifications, 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 purpose of this Ordinance. e. Floodproofing measures. SECTION VI - Nonconforming Uses: A. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance, but which is not in conformity with the provisions of this Ordinance, may be continued subject to the following conditions: 1. If such use is discontinued for six (6) consecutive months, any future use of the building premises shall conform to this Ordinance. 2. Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses. B. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this Ordinance. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the alteration shall not preclude its continued designation.

331 SECTION VII - Penalties for Violation: Violations of the provisions of this Ordinance or failure to comply with any of the requirements shall constitute a county infraction punishable as provided in Section , Code of Iowa, as amended. Nothing herein contained shall prevent Monroe County from taking lawful action as it is necessary to prevent or remedy violations of this ordinance. SECTION VIII Amendments: The regulations and standards set forth in this Ordinance may from time to time be amended, supplemented, changed, or repealed. No amendment, supplement, change, or modification shall be undertaken without prior approval of the Department of Natural Resources.

332 SECTION IX Definitions: Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. APPURTENANT STRUCTURE A structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the principal structure BASE FLOOD - The flood having one (1) percent chance of being equaled or exceeded in any given year. (See 100-year flood). BASE FLOOD ELEVATION - The elevation floodwaters would reach at a particular site during the occurrence of a base flood event. BASEMENT - Any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see "lowest floor." DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials. Development does not include minor projects or routine maintenance of existing buildings and facilities as defined in this section. It also does not include gardening, plowing, and similar practices that do not involve filling, grading. EXISTING CONSTRUCTION - Any structure for which the "start of construction" commenced before the effective date of the first floodplain management regulations adopted by the community. May also be referred to as "existing structure". EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION - A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factorybuilt homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management regulations adopted by the community. EXPANSION OF EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION - The preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FACTORY-BUILT HOME - Any structure, designed for residential use which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this Ordinance factory-built homes include mobile homes, manufactured homes, and modular homes; and also include "recreational vehicles" which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use. FACTORY-BUILT HOME PARK - A parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease. FLOOD - A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source. FLOOD ELEVATION - The elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of flood waters related to the occurrence of the 100-year flood. FLOOD INSURANCE RATE MAP (FIRM) - The official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, FLOODPLAIN - Any land area susceptible to being inundated by water as a result of a flood.

333 FLOODPLAIN MANAGEMENT - An overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of floodplain s, including but not limited to emergency preparedness plans, flood control works, floodproofing and floodplain management regulations. FLOODPROOFING - Any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures. FLOODWAY - The channel of a river or stream and those portions of the floodplain s adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one (1) foot. FLOODWAY FRINGE - Those portions of the floodplain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow velocities. HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure HISTORIC STRUCTURE - Any structure that is: a. Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of the National Register; b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or, d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either (i) an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs. LOWEST FLOOR - The floor of the lowest enclosed area in a building including a basement except when all the following criteria are met: a. The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of Section IV(D)1 of this Ordinance, and b. The enclosed area is unfinished (not carpeted, dry walled, etc.) and used solely for low damage potential uses such as building access, parking or storage, and c. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one (1) foot above the 100-year flood level, and d. The enclosed area is not a "basement" as defined in this section. In cases where the lowest enclosed area satisfies criteria a, b, c, and d above, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above. MINOR PROJECTS - Small development activities (except for filling, grading and excavating) valued at less than $500. NEW CONSTRUCTION - (new buildings, factory-built home parks) - Those structures or development for which the start of construction commenced on or after the effective date of the first floodplain management regulations adopted by the community. NEW FACTORY-BUILT HOME PARK OR SUBDIVISION - A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factorybuilt homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the first floodplain management regulations adopted by the community.

334 ONE HUNDRED (100) YEAR FLOOD - A flood, the magnitude of which has a one (1) percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded a least once every one hundred (100) years. RECREATIONAL VEHICLE - A vehicle which is: a. Built on a single chassis; b. Four hundred (400) square feet or less when measured at the largest horizontal projection; c. Designed to be self-propelled or permanently towable by a light duty truck; and d. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use. ROUTINE MAINTENANCE OF EXISTING BUILDINGS AND FACILITIES Repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include: a) Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing siding; b) Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work; c) Basement sealing; d) Repairing or replacing damaged or broken window panes; e) Repairing plumbing systems, electrical systems, heating or air conditioning systems and repairing wells or septic systems. SPECIAL FLOOD HAZARD AREA - The land within a community subject to the "100-year flood". This land is identified as Zone A on the community's Flood Insurance Rate Map. START OF CONSTRUCTION - Includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. STRUCTURE - Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factor-built homes, storage tanks, and other similar uses. SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - Any improvement to a structure which satisfies either of the following criteria: 1. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (i) before the "start of construction" of the improvement, or (ii) if the structure has been "substantially damaged" and is being restored, before the damage occurred.

335 The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. The term also does not include any alteration of an "historic structure", provided the alteration will not preclude the structure's designation as an "historic structure". 2. Any addition which increases the original floor area of a building by 25 percent or more. All additions constructed on or after the effective date of the first floodplain management regulations adopted by the community shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25 percent. VARIANCE - A grant of relief by a community from the terms of the floodplain management regulations. VIOLATION - The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. This Ordinance implements Section 6.5 and any other applicable provisions of the Monroe County, Iowa Unified Development Code. This ordinance shall be in effect after its final passage, approval and publication as provided by law. ADOPTED AND PASSED by the Board of Supervisors of the County of Monroe this 30th day of January, 20_18. VOTE: Ayes: Hughes Beary Amoss Nays: NONE John Hughes John Hughes, Chairman Monroe County Board of Supervisors Attest: THIS ORDINANCE WAS DULY PASSED AND ADOPTED AS FOLLOWS: Date of First Reading: January 16, 2018 Date of Second Reading: January 23, 2018 Date of Final Reading: January 30, 2018 Date of Public Hearing: January 30, 2018 Publication Date: February 1, 2018 Effective Date: February 1, 2018 Amanda Harlan Amanda R. Harlan, Monroe County Auditor Note: All Ordinances must be properly certified.

336 Ordinance No. 41 AN ORDINANCE ADOPTING THE CODE OF ORDINANCES OF MONROE COUNTY, IOWA, 2018 BE IT ENACTED by the Board of Supervisors of Monroe County, Iowa: SECTION 1. PURPOSE The purpose of this ordinance is to adopt the Monroe County Code of Ordinances as provided in Section , Code of Iowa. This ordinance re-adopts ordinances already in effect and repeals any ordinance deemed no longer necessary to the operation of Monroe County, Iowa, or to the health, safety, and welfare of its citizens. SECTION 2. ADOPTION OF THE CODE OF ORDINANCES OF MONROE COUNTY, IOWA Upon its review of the Ordinances of Monroe County, Iowa, the Board of Supervisors of Monroe County has determined the following ordinances and amendments to ordinances have been previously adopted and enacted into law, and were duly published as the law provides. The following ordinances, stated by number and summarized below, along with this ordinance shall become the Official Code of Ordinances for Monroe County, Iowa ORDINANCE NUMBER 1 TAX EXEMPTION ORDINANCE in its entirety Passed and Approved September 6, 1983 An ordinance of the Board of Supervisors of Monroe County, Iowa, providing for the partial exemption from property taxation of the actual value added to industrial real estate by the new construction of industrial real estate and the acquisition of or improvement to machinery and equipment assessed as real estate. ORDINANCE NUMBER 2 (repealed January 5, 1995) ORDINANCE NUMBER 3 AREA SERVICE SYSTEM B ROAD (SECONDARY ROADS) in its entirety Final Reading and Passage on January 29, 1986 An ordinance establishing the Area Service System B Road Classification in Monroe County, Iowa. ORDINANCE NUMBER 4 (amended June 29, 1988) ESTABLISHING REQUIREMENTS FOR LANDFILL OPERATION in its entirety Final Reading and Passage on September 17, amended June 29, 1988 An ordinance establishing requirements for the operation of Landfills within the County and providing enforcement mechanisms. ORDINANCE NUMBER 5 (repealed April 16, 2002) ORDINANCE NUMBER 6 (repealed September 20, 2005) ORDINANCE NUMBER 7 (amended September 14, 1990) MONROE COUNTY COMPREHENSIVE ZONING in its entirety Final reading and passage August 3, 1990 amended September 14, 1990

337 The purpose of this Ordinance is to promote public health, safety, comfort and general welfare; to conserve and protect property values; to encourage the most appropriate use of land through orderly development; to conserve and protect our natural resources; to facilitate adequate but economical provisions for public improvements; and to protect private property rights, all in accordance with and as permitted by the provisions of Chapter 358A, Code of Iowa (1989, as amended). ORDINANCE NUMBER 8 RELATING TO THE DISPOSAL OF YARD WASTES ON AND AFTER JAN. 1, 1991 in its entirety Final reading and passage December 27, 1990 The purpose of this ordinance is to provide for the orderly disposal of yard waste; to preserve scarce land available for sanitary landfills through waste reduction; and to further provide for the health, safety, and welfare of the people of Monroe County. This ordinance is intended to implement Iowa Code Section 455D.9 (as shown in Chapter 272, Section 9 of the 1989 Session Laws of the 73 rd Iowa General Assembly). ORDINANCE NUMBER 9 RELATING TO HAZARDOUS WASTE CLEAN UP AND COST OF CLEANUP in its entirety Final reading and passage January 25, 1991 In order to reduce the danger to public health, safety, and welfare from hazardous substances, procedures should be adopted by Monroe County to provide for the responsible clean up of hazardous conditions occurring within the County: the person having control over the hazardous waste or substances should be responsible for the clean up and costs of the clean up. ORDINANCE NUMBER 10 URBAN RENEWAL AREA in its entirety Final reading and passage December 20, 1991 An ordinance providing for the division of taxes levied on taxable property in the Monroe County urban renewal area, pursuant to Section of the Code of Iowa. ORDINANCE NUMBER 11 UTILITY LINE INSTALLATION AND FEES in its entirety Final reading and passage January 5, 1993 An ordinance providing for the issuance of permits for utility line installation and the collection of inspection fees and to provide penalties for violations. ORDINANCE NUMBER 12 (amended April 16, 2002) WASTEWATER TREATMENT AND DISPOSAL SYSTEM in its entirety Final reading and passage March 9, 1993 amended April 16, 2002 An ordinance relating to on-site wastewater treatment and disposal system and providing penalties for violations. Amended Section Permit Procedures (a), (b) and (f), relating to applications, fees and inspections: and Section Penalties (b) and (c), relating to violations and penalties as set in the Code of Iowa, April 16, ORDINANCE NUMBER 13 ISSUING SITING PERMITS FOR SOLID WASTE LANDFILLS in its entirety Final reading and passage February 8, 1994

338 An ordinance implementing this county s responsibilities in issuing siting permits for solid waste landfills and provide for proper operation of these facilities; closure of these facilities; waste reduction at the source; protection of the environment and the ground water; assessment of fees; and to provide penalties for violations. ORDINANCE NUMBER 14 REGULATING THE USE OF SEWER TREATMENT AVERY in its entirety Final reading and passage September 16, 1994 An ordinance regulating the use of sewage treatment system in the unincorporated town of Avery, Iowa. ORDINANCE NUMBER 15 (repealed October 30, 2001) ORDINANCE NUMBER 16 CERTAIN RESTRICTIONS ON CEMETERIES IN MONROE COUNTY in its entirety Final reading and passage September 6, 1995 An ordinance setting for the certain restrictions on the use of cemeteries located in Monroe County. ORDINANCE NUMBER 17 (repealed November 12, 2003) ORDINANCE NUMBER 18 (repealed August 19, 2003) ORDINANCE NUMBER 19 (amended April 16, 2002) RURAL ADDRESSING in its entirety Final reading and passage October 1, 1999 amended April 16, 2002 An ordinance establishing provisions, administration, and violations & penalties for rural addressing. Amended section NEW STRUCTURES ORDINANCE NUMBER 20 (repealed November 9, 2005) ORDINANCE NUMBER 21 (repealed December 5, 2003) ORDINANCE NUMBER 22 CEMETERY COMMISSION in its entirety Final reading and passage January 21, 2002 published January 24, 2002 An ordinance establishing a Cemetery Commission in Monroe County, Iowa and authorizing its officers to establish rules and regulations governing its organization and procedures (powers and duties relating to pioneer cemeteries). ORDINANCE NUMBER 23 (repealed 2007) ORDINANCE NUMBER 24 SPEED RESTRICTION ORDINANCE in its entirety

339 Final reading and passage August 19, 2003 published August 19 & 21, 2003 An ordinance restricting the speed of motor vehicles on Secondary Roads in Monroe County, Iowa. ORDINANCE NUMBER 25 ESTABLISHING A LOCAL OPTION SALES AND SERVICES TAX IN MONROE COUNTY, IOWA in its entirety Final reading and passage Sept. 16, 2003 published Sept. 16 & 18, 2003 An ordinance establishing a Local Option Sales and Services Tax in Monroe County, Iowa. ORDINANCE NUMBER 26 AREA SERVICE C ROAD CLASSIFICATION IN MONROE COUNTY, IOWA- in its entirety Final reading and passage Nov. 12, 2003 published Nov. 13 & 18, 2003 An ordinance establishing Area Service C Road Classification in Monroe County, Iowa. ORDINANCE NUMBER 27 (repealed November 1, 2005) ORDINANCE NUMBER 28 ESTABLISHING A SCHOOL LOCAL OPTION SALES AND SERVICES TAX IN MONROE COUNTY, IOWA in its entirety Final reading and passage May 5, 2004 published May 11 & 13, 2004 An ordinance establishing a School Local Option Sales and Services Tax applicable to transactions within the Albia Community, Eddyville-Blakesburg Community, Moravia Community and Russell Community School Districts of Monroe County, Iowa. ORDINANCE NUMBER 29 (amended Jan. 9, 2007; April 7, 2009; Dec. 21, 2010 & Feb. 14, 2012) MONROE COUNTY UNIFIED DEVELOPMENT CODE in its entirety Final reading and passage Sept. 20, 2005 published Oct. 4 & 6, 2005 An ordinance establishing the Monroe County Unified Development Code. ORDINANCE NUMBER 30 SNOW AND ICE REMOVAL & MAINTENANCE OF ORDINANCE SECONDARY ROADS DURING WINTER MONTHS IN MONROE COUNTY, IOWA in its entirety Final reading and passage Nov. 1, 2005 published Nov. 8 & 10, 2005 An ordinance establishing the Policy and Level of Service in Respect to Removal of Snow or Ice and Maintenance of Monroe County s Secondary Roads During Winter Months. ORDINANCE NUMBER 31- repealed August 9, 2011

340 ORDINANCE NUMBER 32 PROHIBITING SEX OFFENDERS FROM RESIDING WITHIN TWO THOUSAND FEET OF A SCHOOL, CHILD CARE FACILITY, PUBLIC PARK, PUBLIC PLAYGROUND, CHURCH OR PUBLIC LIBRARY in its entirety Final reading and passage July 2, 2007 published July 3 & 5, 2007 An ordinance providing for the safety and well being of all citizens of Monroe County, Iowa by prohibiting sex offenders from residing within two thousand feet of the real property comprising a school, child care facility, public park, public playground, church or a public library. ORDINANCE NUMBER 33 repealed ORDINANCE NUMBER 34 REGULATING THE USE OF THE WASTE WATER SEWAGE TREATMENT SYSTEM IN MONROE COUNTY, IOWA- in its entirety Final reading and passage June 2, 2009 published June 4 & 9, 2009 An ordinance regulating the use of the waste water sewage treatment system in Monroe County, Iowa (repeals all ordinances or parts of ordinances in conflict herewith). ORDINANCE NUMBER 35 DESIGNATING THE BOUNDARIES OF THE VOTING PRECINCTS OF MONROE COUNTY, IOWA- in its entirety Final reading and passage August 9, 2011 published August 11 & 16, 2011 An ordinance repealing Ordinance No. 31 and adding a new ordinance establishing the precinct boundaries of the election precincts lying outside the corporate limits in Monroe County, Iowa as provided in Iowa Code Section SECTION 3. REPEALER CLAUSE. All Ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. An official copy of the Code of Ordinances of Monroe County, Iowa, 2013, adopted by this ordinance, including a certificate of the County Auditor as to its adoption and the effective date, is on file in the Office of County Auditor, 10 Benton Ave. East, Albia, Iowa, Monday through Friday, 8:00 a.m. to 4:00 p.m., and shall be kept available for public inspection. SECTION 6. EFFECTIVE DATE. All provisions of the Code of Ordinances of Monroe County, Iowa, 2013 shall be in force and effect on and after the effective date of this ordinance. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. ORDINANCE NUMBER 36 repealed ORDINANCE NUMBER 37

341 ALLOWING THE BOARD OF SUPERVISORS TO SET COMPENSATION FOR TOWNSHIP TRUSTEESin its entirety Final reading and passage May 5, 2015 Published April 28, 30, 2015 and May 19, 21, 2015 An ordinance allowing the Board of Supervisors to set compensation for township trustees. ORDINANCE NUMBER 38 ESTABLISH A POLICY FOR THE CONSTRUCTION AND RECONSTRUCTION OF ROADWAYS AND BRIDGES ON THE MONROE COUNTY SECONDARY ROAD SYSTEM- in its entirety Final reading and passage July 28, 2015 Published July 21, 2015 and July 23, 2015 An ordinance to establish a policy for the construction and reconstruction of roadways and bridges on the Monroe County Secondary Road System. ORDINANCE NUMBER 39 RELATING TO ON-SITE WASTEWATER TREATMENT AND DISPOSAL SYSTEM AND PROVIDING PENALTIES FOR VIOLATIONS- in its entirety Final reading and passage April 12, 2016 An Ordinance Relating to On-Site Wastewater Treatment and Disposal System and Providing Penalties for Violations ORDINANCE NUMBER 40 FLOOD PLAIN MANAGEMENT REGULATIONS IN THE UN-INCORPORATED AREA OF MONROE COUNTY- in its entirety Final reading and passage January 30, 2018 Published February 1, 2018 AN ORDINANCE establishing Flood Plain Management regulations in the un-incorporated area of Monroe County. Passed and approved by the Board of Supervisors the 10 th Day of April, MONROE COUNTY, IOWA John Hughes JOHN HUGHES, Chairman Monroe County Board of Supervisors ATTEST: Amanda Harlan AMANDA HARLAN, Monroe Co. Auditor

342 2018 Airport Land Use and Height Overlay Zoning Ordinance Albia Municipal Airport, Albia, Iowa Monroe County, Iowa Table of Contents Section 1. Introduction Section 2. Authority Section 3. Statement of Purpose and Findings Section 4. Short Title Section 5. Applicability Section 6. Definitions Section 7. Air Space Obstruction Zoning Section 8. Airport Zoning Requirements Section 9. Nonconformities Section 10. Land Use Safety Zones Section 11. Land Use Zone Compatibility Section 12. Airport Zoning Ordinance Administration Section 13. Airport Zoning Permits Section 14. Hazardous Markings and Lighting Section 15. Height Limitations Section 16. Airport Board of Adjustment Section 17. Variances Section 18. Public Notices Section 19. Judicial Review Section 20. Penalties and Fines Section 21. Conflicting Regulations Section 22. Severability Section 23. Effective Date Section 24. Adoption Exhibit A. Airport Land Use & Height Overlay Zoning Map Exhibit B. City of Albia Zoning Exhibit C. Monroe County UDC Matrix Exhibit D. Board of Adjustment Exhibit E. Joint Ordinance - Adoption Section 1. Introduction This ordinance shall regulate and restrict the height of structures, objects, and growth of natural vegetation, as well as land uses; otherwise regulating the use of property, within the vicinity of the Albia Municipal Airport (the Airport ). Creation of appropriate zones and establishing the boundaries thereof, as well as providing for changes in the restrictions and boundaries of such zones is vested in this ordinance. The Albia Airport Land Use & Height Overlay Zoning Map is incorporated into and made part of this ordinance. This document also provides for the enforcement of the provisions contained within this ordinance, the establishment of an Airport Board of Adjustment; and imposition of penalties related to the implementation of the ordinance. The 2018 Airport Land Use & Height Overlay Zoning Ordinance is created by the City of Albia and Monroe County, Iowa. The ordinance is intended to supplement, and shall be interpreted as, an overlay of zoning regulations in addition to the zoning regulations of the municipalities or county in which the airport zoning boundaries cover. Section 2. Authority Iowa Code Section 329.3, Airport Zoning, empowers local municipalities to zone airports including dividing such area into zones, and within such zones, specify the land uses permitted, and regulate and restrict, for the purpose of preventing airport hazards, the heights to which structures and trees may be erected or permitted to grow Airport Land Use & Height Overlay Zoning Ordinance Albia- Monroe County 1 Adopted

343 Section 3. Statement of Purpose and Findings The Albia Municipal Airport is acknowledged as an essential public facility to the State of Iowa and the local community. The creation or establishment of an airport hazard is a public nuisance and poses a potential concern to the surrounding communities served by the Airport. There shall be no creation or establishment of a hazard that neither endangers public health, safety, welfare, and affects an individual s quality of life nor prevents the safe movement of aircraft at the Airport. For the protection of the public health, safety, and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of airport hazards. The prevention of airport hazards shall be accomplished, to the extent legally possible, by proper exercise of the police power. The prevention of new airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards, are considered to be a public purpose for which the City of Albia and/or Monroe County may raise and expend public funds, as an incident to the operation of airports, to acquire or property interest therein. Section 4. Short Title This Ordinance shall be known and may be cited as the Albia Airport Zoning Ordinance, and it is referred to as the Ordinance within the following document. Section 5. Applicability This ordinance encompasses a general area surrounding the Airport. Specific dimensions associated with the zoning boundary are shown in the Albia Airport Land Use & Height Overlay Zoning Map, attached hereto as Exhibit A. Section 6. Definitions The following definitions shall be utilized for terms as appropriate to the ordinance. 6.1 Airport. (FAA FAR Sec ) Any areas of land or water that is used, or intended for use, for the landing and takeoff of aircraft. Any appurtenant areas that are used, or intended for use, for airport buildings, other airport facilities, or rights-of-way; and all airport buildings and facilities located on the areas specified in this definition. The Airport is owned by the City of Albia, Iowa. 6.2 Airport Elevation. (FAA AC 150/5190-4A) The highest point on an airport's usable landing area measured in feet from sea level. 6.3 Airport Hazard. (FAA FAR Sec ) Any structure, tree or obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace for the purpose of determining the height limits as may be set forth in the Monroe County Code of Ordinances. 6.4 Airport Layout Plan (ALP). (FAA FAR Sec ) The plan of an airport showing the layout of existing and proposed airport facilities. 6.5 Airport Overlay Zones. A zone intended to place additional land use conditions on land impacted by the airport while retaining the existing underlying zone. The FAR Part 77 Surfaces and RPZs have been combined to create five airport overlay zones. The five specific zones create a comprehensive area focused on maintaining compatible land use around airports. Zone A [Runway Protection Zone] - is intended to provide a clear area that is free of above ground obstructions and structures. This zone is closest to the individual runway ends. Zone B [Approach Surface] - is a critical overlay surface that reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated upon the type of approach (visual, non-precision, or precision) that a specific runway has and the type/size of aircraft utilizing the runway Airport Land Use & Height Overlay Zoning Ordinance Albia- Monroe County 2 Adopted

344 Zone C [Transitional Surface] - includes those areas that are parallel to the runway pavement and extend from the edge of the primary surface. Zone D [Horizontal Surface] - is typically elliptical in shape, depending upon the runway types and configurations at an individual airport. Zone E [Conical Surface] - is the outermost zone of the overlay areas and has the least number of land use restriction considerations. Zone E begins at the edge of the horizontal surface and is 4,000 feet in width paralleling the horizontal surface. 6.6 Airport Zoning Permit. Airport zoning permit allowing new development or alteration or expansion of a nonconforming use. 6.7 Airspace. The space lying above the earth or above a certain area of land or water that is necessary to conduct aviation operations. 6.8 Airport Land Use & Height Overlay Zoning Map. The airport land use & height overlay zoning map is compiled from the criteria in FAR Part 77, "Objects Affecting Navigable Airspace. It shows the area affected by the Albia Airport Zoning Ordinance, and includes the layout of runways, airport boundaries, elevations, and area topography. Applicable height limitation areas are shown in detail. 6.9 Approach Slope. (FAR Part 77) The ratio of horizontal to vertical distance indicating the degree of inclination of the Approach Surface. The ratio is 20:1 for all utility and visual runways extended from the primary surface a distance of 5,000 feet Approach Surface. (FAA AC 150/5190-4A A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in this Ordinance. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone City. The City of Albia, Iowa Compatibility. The degree to which land uses or types of development can coexist or integrate County. Monroe County, Iowa Easement. (FAA AC ) The legal right of one party to use a portion of the total rights in real estate owned by another party. This may include the right of passage over, on, or below property; certain air rights above the property, including view rights; and the rights to any specified from of development or activity, as well as any other legal rights in the property that may be specified in the easement document Federal Aviation Administration (FAA). A federal agency charged with regulating air commerce to promote its safety and development; encourage and develop civil aviation, air traffic control, air navigation; and promoting the development of a national system of airports Federal Aviation Regulations (FAR). (FAA FAR) Regulations established and administered by the FAA that govern civil aviation and aviation-related activities. FAR Part 36. (FAA FAR Sec. 36.1) Regulation establishing noise standards for the civil aviation fleet. FAR Part 91. (FAA FAR Sec. 91.1) Regulation pertaining to air traffic and general operating rules, including operating noise limits. FAR Part 150. (FAA FAR Sec ) Regulation pertaining to airport noise compatibility planning. FAR Part 161. (FAA FAR Sec ) Regulation pertaining to notice and approval of airport noise and access restrictions. FAR Part 77. (FAA FAR Sec. 77.1) Objects Affecting Navigable Airspace - Part 77 (a) establishes standards for determining obstructions in navigable airspace; (b) defines the requirements for notice to the FAA Administrator of certain proposed construction or alteration; (c) provides for aeronautical studies of obstructions to air navigation to determine their effect on the safe and efficient use of airspace; (d) provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation; and (e) provides for establishing antenna farm areas General Aviation Airport. Any airport that is not an air carrier airport or a military facility Height. Height is utilized for the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the official zoning maps; height shall be measured as the highest point of a structure, tree, or other object of natural growth, measured from the mean sea level elevation unless otherwise specified Airport Land Use & Height Overlay Zoning Ordinance Albia- Monroe County 3 Adopted

345 6.19 Imaginary Surfaces. (FAA FAR Part 77.25) Those areas established in relation to the airport and each runway consistent with FAR Part 77 in which any object extending above these imaginary surfaces, by definition, is an obstruction. Transitional surface. The transitional surface extends outward and upward at right angles to the runway centerline and extends at a slope of seven feet horizontally for each one foot vertically (7:1) from the sides of the primary and approach surfaces. The transitional surfaces extend to the point at which they intercept the horizontal surface at a height of 150 feet above the established airport elevation. Horizontal surface. The horizontal surface is a horizontal plane located 150 feet above the established airport elevation and encompasses an area from the transitional surface to the conical surface. The perimeter is constructed by generating arcs from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs. Conical surface. The conical surface extends upward and outward from the periphery of the horizontal surface at a slope of 20 feet horizontally for every one foot vertically (20:1) for a horizontal distance of 4,000 feet. Approach surface. The approach surface is longitudinally centered on an extended runway centerline, and extends outward and upward from the end of the runway primary surface Incompatible Land Use. (FAA FAR Sec ) The use of land which is normally incompatible with the aircraft and airport operations (such as, but not limited to, homes, schools, nursing homes, hospitals, and libraries) Land Use Compatibility. The coexistence of land uses surrounding the airport with airport-related activities Lighting and Marking of Hazards to Air Navigation. Installation of appropriate lighting fixtures, painted markings or other devices to such objects or structures that constitute hazards to air navigation Mitigation. The minimization, reduction, elimination or compensation for adverse environmental effects of a proposed action Non-Conforming Use. (FAA Web site) Any pre-existing structure, tree, or use of land that is inconsistent with the provisions of the local land use or airport master plans Object. (FAA AC 150/ ) Includes, but is not limited to above ground structures, navigational aids, people, equipment, vehicles, natural growth, terrain, and parked aircraft Obstacle Free Zone (OFZ). (FAA 150/ ) The OFZ is the airspace below 150 feet (45 m) above the established airport elevation and along the runway and extended runway centerline that is required to be clear of all objects, except for the frangible visual NAVAID s that need to be located in the OFZ because of their function, in order to provide clearance protection for the aircraft landing or taking off from the runway, and for missed approaches Obstruction. (FAA AC 150/5190-4A) Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, specific to its geographic location relative to the runway/airport Overlay Zone. A mapped zone imposing requirements in addition to those of the underlying zoning district Primary Surface. (FAA AC 150/5190-4A) A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in FAR Part 77. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline Primary Runway. (FAA AC 150/5325-4B) The runway used for the majority of airport operations. Large, high-activity airports may operate two or more parallel primary runways Public Use Airport. (FAA AC 150/5190-6) Means either a publicly owned airport or a privately owned airport open for public use Runway Protection Zone (RPZ). (FAA AC 150/ ) An area off the runway end designed to enhance the protection of people and property on the ground Structure. Any object constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, 2018 Airport Land Use & Height Overlay Zoning Ordinance Albia- Monroe County 4 Adopted

346 antenna, mobile homes, billboards, poster panels, factories, sheds, cabins, factory-built homes, satellite dish antenna, storage tanks, towers and other similar uses Variance. A modification of the specific regulations of this chapter granted by resolution of the Board of Adjustment in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances and hardships applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district Visual Approach. An approach to an airport conducted with visual reference to the terrain Visual Runway. (FAA AC 150/ ) A runway without an existing or planned straight-in instrument approach procedure Wildlife Hazards. Wildlife (birds, mammals, reptiles), including feral animals and uncontrolled domesticated animals associated with aircraft strike problems, and capable of causing structural damage to airport facilities or attractants to other wildlife that pose a strike hazard. Section 7. Air Space Obstruction Zones & Airport Overlay Zoning Maps The zones established by this ordinance is illustrated on the official Albia Municipal Airport Land Use & Height Overlay Zoning Map consisting of one (1) sheet, prepared by DGR Engineering, attached as Exhibit A to this Ordinance. Such Official Airport Land Use & Height Overlay Zoning Map may be amended from time to time, and all notations, references, elevations, data, zone boundaries, and other information thereon, is hereby adopted as part of this ordinance. Section 8. Airport Zoning Requirements In accordance with Section , Iowa Code, there are three (3) principal airport zoning requirements supported by additional information contained within the following remaining sections of this ordinance. These basic zoning requirements state: 1. All airport zoning regulations adopted under this chapter shall be reasonable and none shall impose any requirement or restriction that is not necessary to make effective the purposes of this ordinance. 2. a. Airport zoning regulations adopted under this ordinance may require the removal, lowering, or other change or alteration of any structure or tree, or a change in use, not conforming to the regulations when adopted or amended. b. Airport zoning regulations adopted under this ordinance may require a property owner to permit the City of Albia and/or Monroe County to install, operate, and maintain on the property markers and lights as necessary to indicate to operators of aircraft the presence of the airport hazard, when adopted or amended. 3. All such regulations may provide that a preexisting nonconforming structure, tree, or use, shall not be replaced, rebuilt, altered, allowed to grow higher, or replanted, so as to constitute a greater airport hazard than it was when the airport zoning regulations or amendments to the regulations were adopted. The City of Albia or Monroe County in conjunction, will be responsible for the initial removal of trees, structures, or other natural or man-made obstructions that are not conforming to the regulations of this ordinance when adopted or amended. Any subsequent alterations or removal of any natural or man-made obstructions to the Airport or its airspace will be responsibility of the property owner. Section 9. Nonconformities It is the intent of this ordinance to permit legal nonconforming buildings, structures, or natural resources to continue until they are removed but not to encourage their continuance, unless such nonconforming use is determined by the FAA to be a hazard within one of the airport zones and must be altered or changed in accordance with FAA regulations. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used to add other nonconforming structures prohibited elsewhere in the defined airport zones Airport Land Use & Height Overlay Zoning Ordinance Albia- Monroe County 5 Adopted

347 In accordance with Section , Iowa Code, and stated above in Section 8. of this ordinance, any preexisting nonconforming structure, tree, or land use, shall not be replaced, rebuilt, altered, allowed to grow higher, or replanted, so as to constitute a greater airport hazard than it was when the airport zoning regulations or amendments to the regulations were adopted. With that stated, where a lawful building or structure exists prior to the effective date of adoption or amendment of this ordinance that cannot be built under the terms of this airport ordinance by reason of restrictions on height or land use compatibility, such structure may be continued so long as it remains otherwise lawful and in compliance with FAA regulations; subject to the following provisions: 1. No such nonconforming structure may be enlarged or altered in a way that increases its nonconformity. Such structure may be enlarged or altered in a way that does not increase its nonconformity. 2. Should such nonconforming structure be destroyed by any means to an extent of more than fifty percent (50%) of its assessed value, it shall be reconstructed only in conformity with the provisions of this airport ordinance. 3. Should any nonconforming structure be moved within the boundaries of any of the five (5) airport zones for any reason or for any distance whatever, it shall thereafter conform to the regulations of this airport zoning ordinance. 4. Discontinuance. In the event a nonconforming building, structure or use is discontinued for a period of two (2) years, the height or land use compatibility shall conform thereafter to the provisions of this airport zoning ordinance. On any nonconforming building or structure, work may be done on ordinary repairs or replacement of non-bearing walls not exceeding fifty percent (50%) of the assessed value of the building, provided the cubic content of the building shall not be increased. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety upon orders of such official. There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, buildings or structures. Section 10. Land Use Safety Zones FAR Part 77 Surfaces and Runway Protection Zones have been combined to create five (5) airport overlay zones. These five zones are designed to maintain compatible land uses around the Airport. The zones shall be evaluated for compatible land uses. Specific dimensions for the individual zones for each runway end are noted in the following tables and text. The Airport Land Use & Height Overlay Zoning Maps should be evaluated to determine the specific area of impact associated with each zone. Zone A Runway Protection Zone (RPZ) Zone A is intended to provide a clear area that is free of above-ground obstructions and structures. Runway Protection Zones (RPZs), formerly known as clear zones, were originally established to define land areas below aircraft approach paths in order to prevent the creation of airport hazards or development of incompatible land use. As stated in the Iowa Airport Land Use Guidebook, 2008, the FAA adopted clear zones with dimensional standards to implement a recommendation from the 1952 President s Airport Commission study that identified the establishment of clear areas beyond runway ends was deemed worthy of federal management. RPZs are designed with the intent to protect people and property on the ground. They are located at the end of each runway and should ideally be controlled by the airport. Control is preferably exercised by acquisition of sufficient property interest to achieve and maintain an area that is clear of all incompatible land uses, objects, and activities Airport Land Use & Height Overlay Zoning Ordinance Albia- Monroe County 6 Adopted

348 Table 1. Zone A - Dimensional Requirements Runway Ends Approach Visibility Minimums 1 Length L feet Inner Width W 1 feet Dimensions Outer Width W 2 feet Existing Runway Runway 13 Runway 31 1-mile, nonprecision 1-mile, nonprecision 1, , The RPZ dimensional standards are for the runway end with the specified approach visibility minimums. Source: FAA AC 150/ , current edition, Airport Design Standards Zone B Approach Surface Zone B is a critical airport overlay zoning surface that reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated upon the type of approach (visual, non-precision, or precision) that a specific runway has and the type/size of aircraft utilizing the runway. The approach surface is longitudinally centered on the extended runway centerline and extends outward and upward from the end of the primary surface. The inner edge of the approach surface is the same width as the primary surface and expands uniformly. Table 2 below illustrates the various sizes of Zone B based upon the specific runway criteria. A portion of Zone B is overlain by Zone A because the approach surface and RPZ overlap the entire length of the RPZ. Consequently, the length of Zone B begins at the inner edge of the RPZ. Table 2. Airport Overlay Zones B through E Dimensional Standards Item Runway Dimensional Standards (Feet) Runway 13 Runway 31 Primary surface width and Zone B inner width Zone B end width 2,000 2,000 Zone B length 5,000 5,000 Zone C width 1,050 1,050 Zone D radius 5,000 5,000 Zone E width 4,000 4, Airport Land Use & Height Overlay Zoning Ordinance Albia- Monroe County 7 Adopted

349 Zone C Transitional Surface Zone C includes those areas that are parallel to the runway pavement and extend 1,050 feet from the edge of the primary surface paralleling the runway and extended runway centerline until they reach the end of Zone A at a 90 degree angle. The specific dimensions for Zone C are based upon various options for the primary surface that is predicated upon the type of approach and critical aircraft. The transitional surface (Zone C) extends outward and upward at right angles to the runway centerline and extends at a slope of seven feet horizontally for each one-foot vertically (7:1) from the sides of the primary and approach surfaces. The transitional surfaces extend to the point at which they intercept the horizontal surface at a height of 150 feet above the established airport elevation. Zone D Horizontal Surface Zone D is typically elliptical in shape, depending upon the runway types and configurations at individual airports. The horizontal surface is a horizontal plane located 150 feet above the established airport elevation and encompasses an area from the transitional surface to the conical surface. The perimeter is constructed by generating arcs from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc for all runway ends designated as utility or visual airports is 5,000 feet. Zone E Conical Surface Zone E is the outermost zone of the airport overlay zoning areas and has the least number of land use restriction considerations. The zone begins at the edge of the horizontal surface and is 4,000 feet in width paralleling the horizontal surface. According to the Iowa Airport Land Use Guidebook, the conical surface extends upward and outward from the periphery of the horizontal surface at a slope of 20 feet horizontally for every one foot vertically (20:1) for a horizontal distance of 4,000 feet. Height limitations for the surface range from 150 feet above the airport reference elevation at the inner edge to 350 feet at the outer edge. Section 11. Land Use Zone Compatibility The need to plan for compatible land use near airports is not a new concept. Compatible land use was recognized as early as 1952 in a document entitled The Airport and Its Neighbors - The Report of the President s Airport Commission. As stated in the Iowa Airport Land Use Guidebook, the incidence of incompatible land uses and impact on airport operations and development have escalated. As decisions to allow incompatible land uses near airports threaten the nation s aviation system, implementation of compatible land use controls have become an industry priority. It is important for the Albia Municipal Airport to maintain an obstruction-free airport and associated airspace. This includes the area that encompasses the airport, runway protection zones, approach areas, and general vicinity of the airport. While some of these areas are owned by airports, the bulk of the land beyond airport boundaries is privately owned and needs to be managed by the local municipality and/or county in which the airport jurisdiction falls. FAA criteria, such as grant assurances and design guidelines, along with aviation accident statistics, provide the foundation and the justification for compatible land uses. DEFINITION OF COMPATIBLE LAND USE - Airport compatible land uses are defined as those developments that comply with generally accepted restrictions on location, height, and activity that provide for safe aircraft movement and airport operations. Additionally, it includes the preservation of public health, safety, and welfare for those persons located in the airport s environs. The above stated definition, defined in the Iowa Airport Land Use Guidebook, appears vague since no specific land use types are specified. However, the vagueness is intentional because nearly every type of land use can be both compatible and incompatible depending upon the particular aspects of the land use, 2018 Airport Land Use & Height Overlay Zoning Ordinance Albia- Monroe County 8 Adopted

350 including management of the land use, location of the land use relative to the airport. For example, land uses typically considered to be compatible with airport operations include commercial, industrial, and agricultural activities. With that said, each of these uses may also contain aspects considered incompatible such as: Commercial uses may have dense concentrations of people Industrial uses that can generate smoke/steam that creates visual obstructions Agricultural operations can act as wildlife attractants in certain circumstances The City of Albia and Monroe County must each and collaboratively assess the compatibility of the land uses in detail as related to the Airport. Descriptions of land use issues include high concentrations of people, tall structures, visual obstructions, and wildlife and bird attractants. Lastly, land use compatibility is critical to the Airport because certain grant assurances are required as part of a project application from airports that are eligible to request federal funds. Upon acceptance of grant money, these assurances are incorporated into and become part of the grant agreement. The airport sponsor is obligated to comply with specific assurances, which include the maintenance of compatible land use within the vicinity of the airport. Specifically, FAA Grant Assurance 21 included in the September 1999 amendment to 49 USC 47107, requires all airports that accept federal money to take appropriate action against incompatible land uses in the immediate vicinity of the airport. Such actions include adopting zoning laws and zoning changes that will increase airport land use compatibility. This grant assurance obligates an airport sponsor to protect the federal investment through the maintenance of a safe operating environment. The development of compatible land uses near airports is supported through cooperative comprehensive planning that includes FAA standards. Land use compatibility is a requirement for eligibility to receive FAA grant money for airport improvements. Adjacent land uses that are not compatible with airports may result in the loss of federal or state funding for airports. The following tables shall be utilized to evaluate land use compatibility for various land use classifications. Additional evaluations will also be considered in accordance with the City of Albia Zoning and Monroe County Unified Development Code Matrix. 1. Uses identified as COMPATIBLE shall not require additional review; however, consideration should be given to the following areas of concerns: High concentrations of people, tall structures, visual obstructions, or wildlife and bird attractants. 2. Uses found to be NOT COMPATIBLE shall be precluded from development within the specific zones. The applicant reserves the right to apply for a variance for an incompatible use to be built within the requested airport zone and in accordance with FAA requirements. Variances will be reviewed by the Airport Board of Adjustment. 3. Uses found to require ADDITIONAL REVIEW shall be evaluated for general compatibility by the Airport Zoning Administrator for potential conflicting land uses or potential negative affects that may need to be mitigated. If the areas of concern are addressed by the applicant, the Airport Zoning Administrator shall recommend issuance of the zoning permit. If no areas of potential conflicting uses or incompatible land uses are identified, or need to be mitigated, the Airport Zoning Administrator shall proceed to recommend issuance of the zoning permit Airport Land Use & Height Overlay Zoning Ordinance Albia- Monroe County 9 Adopted

351 Albia Airport Zones Land Use Chart C = Compatible AR = Additional Review Required NC = Not Compatible Land Uses Zone A Zone B Zone C Zone D Zone E Residential Uses Single Family Detached Dwelling (i.e. single family, mobile or manufactured) NC AR AR C C Multi-Family Uses (i.e. apartments, condos, townhouse, etc.) NC NC AR C C Group Living Uses (i.e. group or nursing homes, assisted living) NC NC AR C C Manufactured/Mobile Housing Parks NC NC AR C C Commercial Uses Retail Sales (i.e. convenience stores, electronics, furniture, groceries, hardware, malls, etc.) Outdoor Storage & Display Oriented (i.e. storage yards, vehicles sales, landscaping, equipment sales, miniwarehousing, etc.) Vehicle Repair Uses (i.e. repair or service shops, alignment, tire sales) All Other Commercial Uses Any other commercial use not classified in one of the above listed categories Industrial Uses Light Manufacturing (i.e. research, HVAC, plumbing, janitorial, engineering, assembly, warehousing, etc.) *Heavy Manufacturing (i.e. concrete plants, packing, animal, ethanol or other facilities with excessive smoke or dust) NC AR AR C C NC AR C C C NC AR C C C AR AR C C C NC AR AR C C NC NC AR C C 2018 Airport Land Use & Height Overlay Zoning Ordinance Albia- Monroe County 10 Adopted

352 Albia Airport Zones Land Use Chart C = Compatible AR = Additional Review Required NC = Not Compatible Land Uses Zone A Zone B Zone C Zone D Zone E Mining and Extraction Uses NC NC NC C C Waste Related Uses (i.e. recycling centers, landfills, waste transfer stations, hazardous waste collection sites, etc.) Salvage Operations (i.e. collect, store, and dismantle damaged or discarded vehicles, machinery, etc.) Civic & Public Uses Basic Utility Uses (i.e. utility facilities, electrical substations, water and sewer lift stations, water towers) General Community Services (i.e. libraries, community centers, police/fire, etc. Daycare Uses (i.e. daycare, preschools, after school care) Educational Facilities (i.e. any public or private school) Hospitals (i.e. hospitals, medical centers) Religious Assembly or Civic Uses (i.e. churches, religious use or civic clubs) Infrastructure Uses Communication Uses (i.e. wireless, emergency towers, antennas, etc) Transportation and Parking Uses (i.e. highways, local roads, parking lots, etc.) Utility Uses (i.e. solar power, wind generators, wind farms) Agriculture Uses Agriculture Plant-related (i.e. crops, vegetable, fruit, and tree farms, etc.) NC NC NC AR AR NC AR NC C C NC AR AR AR C NC NC NC C C NC AR AR C C NC NC AR C C NC NC AR C C NC NC AR C C NC NC NC AR AR AR C C C C NC NC NC AR AR AR C C C C 2018 Airport Land Use & Height Overlay Zoning Ordinance Albia- Monroe County 11 Adopted

353 Albia Airport Zones Land Use Chart C = Compatible AR = Additional Review Required NC = Not Compatible Land Uses Zone A Zone B Zone C Zone D Zone E Agriculture Animal-related (i.e. livestock production, dairies, horse farms) Recreation Uses Outdoor Commercial Recreation (i.e. camping, swimming pool, drive-in theaters, amphitheaters, fairgrounds, race tracks, etc.) Indoor Commercial Recreation (i.e. health clubs, bowling alleys, skating rinks, billiard halls, arcades, indoor theaters) Golf Recreation (driving ranges, golf courses, country clubs) Parks (i.e. aquatic, neighborhood, school, community) AR AR C C C NC NC NC C C NC AR AR C C NC AR AR C C NC C C C C Regarding the land use compatibility charts on the previous pages, if a specific use of land, building or structure is proposed by an applicant and not identified on the land use compatibility charts, the Airport Zoning Administrator shall be responsible for determining the level of land use compatibility in each applicable zone. If the applicant disagrees with the decision, they may appeal the decision of the administrator and have the Airport Board of Adjustment make a determination on the proposed land use compatibility. Section 12. Airport Zoning Ordinance Administration As stated in Section , Iowa Code, all airport zoning regulations adopted under this ordinance shall provide for the administration and enforcement of such regulations by an administrative agency. For purposes of the Albia Airport Zoning Ordinance, the administration will be enforced by the Airport Zoning Administrators. They are identified as City of Albia City Clerk and Monroe County Planning & Zoning Administrator with collaborative consultation and cooperation with each. However, in no case, shall such administrative agency be or include any member of the Airport Board of Adjustment. The duties of any administrative agency designated pursuant to the Iowa Code or this ordinance shall not include any of the powers herein delegated to the Airport Board of Adjustment. The Albia City Clerk and Monroe County Planning & Zoning Administrator will be recognized as the Airport Zoning Administrators. For zoning administration Monroe County Zoning Administrator or County Engineer and the Albia City Clerk shall be consulted regarding permit applications subject to the airport zoning regulations. Section 13. Airport Zoning Permit Review Buildings or other structures located within the Airport land use and height overlay zoning area, as defined herein, shall be reviewed in accordance with the allowable height and land use classifications accordingly. All proposed land uses, exclusive of communication uses (e.g. specifically cell towers, antennas, etc.), utility uses (e.g. specifically wind generators, wind farms) and waste related uses (e.g. specifically landfills), shall be exempted from the airport zoning review if the proposed building or 2018 Airport Land Use & Height Overlay Zoning Ordinance Albia- Monroe County 12 Adopted

354 structure is located within airport overlay Zones D and E and it meets the height requirements of the Albia Airport Zoning Ordinance and the zoning ordinance for the jurisdiction it is located within. Furthermore, those proposed buildings or structures to be located within airport overlay zones A, B, and C of the Airport land use and height overlay zoning area, as defined herein, such proposed buildings or structures shall automatically be reviewed by the Airport Zoning Administrator in accordance with both height and land use conformance. Airport zoning permits may be reviewed and granted in conjunction with or supplemental to an Albia Zoning Permit or any zoning permit in the county or other affected communities. It shall be the duty of the zoning administrator or reviewer in each affected jurisdiction within the boundaries of the Airport land use and height overlay zoning area to determine if such proposed building or structure meets the initial criteria for additional height and land use review or if the proposed use is exempted from additional review. If the affected jurisdiction determines an additional level of review is needed, the appropriate authority shall submit a copy of the zoning permit under review to the Airport Zoning Administrator. Upon review by the Airport Zoning Administrator, comments and a recommendation on approval, approval with conditions or denial of such permit shall be returned to the originating jurisdiction in which the proposed building or structure is located. The Airport Zoning Administrator shall approve the permit if after evaluation, the proposed project is found to be adequately compatible. Should the proposed project be found to be incompatible after review, the Airport Zoning Administrator shall recommend denial of the permit. Should the permit be denied, the applicant shall have the right to request an appeal as prescribed in this ordinance. Any airport zoning review shall be null and void if the purpose for which the permit is issued has not commenced within one (1) year from date of issuance. Should the activity not be commenced within that time, a new airport zoning review shall be required. Section 14. Hazardous Markings and Lighting This section provides for safe aircraft operations, as well as the health, safety, and welfare of individuals on the ground within the vicinity of the airport by identifying lighting and marking requirements. Lighting and marking requirements will be determined through an FAA airspace analysis. The owner of any structure, object, natural vegetation, or terrain is hereby required to install, operate, and maintain such markers, lights, and other aids to navigation necessary to indicate to the aircraft operators in the vicinity of an airport the presence of an airport hazard. Hazardous markers and lights shall be installed, operated, and maintained at the expense of the owner of such building, structure or object requiring such lighting or marking requirements within the findings of an FAA airspace analysis. Section 15. Height Limitations No structure, object, natural vegetation, or terrain shall be erected, altered, allowed to grow or be maintained within any airport zoning district established by this ordinance to a height in excess of the applicable height limitations set forth in this ordinance and the airport zoning map. The permitted height shall not exceed the difference between the grade elevation and the height limitation numbers illustrated on the official Albia Airport Land Use & Height Overlay Zoning Map within the airport zoning district encompassed by this ordinance. The Albia Airport Land Use & Height Overlay Map is located in the Albia city offices and the Monroe County Zoning Office. An FAA airspace review shall provide a portion of the information necessary to evaluate potential height impacts. However, it shall not be the sole source of review. Furthermore, if the height limitations of this airport zoning ordinance and accompanying Albia Airport Land Use & Height Overlay Zoning Map are in conflict with the underlying height limitations imposed within the City of Albia, Monroe County or any of the adjacent cities zoning ordinances, the more restrictive height limitation shall apply Airport Land Use & Height Overlay Zoning Ordinance Albia Monroe County 13 Revised

355 Section 16. Airport Board of Adjustment The Airport Board of Adjustment shall consist of two (2) members from the City of Albia and two (2) members from Monroe County, and one (1) additional member (At Large) selected by the governing body thereof. The five (5) appointed members will select a chairperson amongst themselves. Board of Adjustment members may be removed for cause by the appointing authorities (either City of Albia or Monroe County) upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which said member was selected. The terms of the board members shall be for five (5) years, except when the board is first created, two (2) of the members (1 city, 1 county) appointed by each participating governmental jurisdiction shall be appointed for a term of two years, two (2) of the members (1 city, 1 county) appointed by the participating governmental jurisdiction shall be appointed for a term of five (5) years and the At Large member for a term of four (4) years. The Board of Adjustment will only be used when deemed necessary. Any person, property owner, or taxpayer impacted by any decision of this ordinance, may appeal to the Board of Adjustment. According to Section , Code of Iowa, the governing body of any municipality seeking to exercise powers under Chapter 329, shall by ordinance provide for the appointment of a Board of Adjustment, as provided in section for a city, or as provided in section for a county. The board of adjustment has the same powers and duties, and its procedure and appeals are subject to the same provisions as established in sections to for a city, or sections to for a county. The concurring vote of a majority of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under any regulations adopted pursuant to this chapter or to effect any variance therefrom. Section 17. Variances In accordance with Section , Code of Iowa, any person desiring to erect, alter, or increase the height of any structure, object, or to permit the growth of any natural vegetation, or otherwise use the person s property in violation of airport zoning regulations adopted under this ordinance, may apply to the Board of Adjustment for a variance from such zoning regulations. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit of the regulations and this chapter; provided, however, that any such variance may be allowed subject to any reasonable conditions that the Airport Board of Adjustment may deem necessary to effectuate the purposes of this Ordinance. No application for variance to the requirements of this ordinance may be considered by the Airport Board of Adjustment unless a copy of the application has been submitted to the Airport Zoning Administrator for an opinion as to the aeronautical effects of the variance. The variance will be filed within the correct jurisdiction. Section 18. Public Notices The notice of the public hearing shall be published at least once, not less than four (4) no more than twenty (20) days (or as otherwise required by the Code of Iowa) before the date of the public hearing, in one or more newspapers in general circulation in the County. Section 19. Judicial Review This section defines the method for the judicial review process. In following a process set forth in the Albia Airport Zoning Ordinance, any person or persons, or any board, taxpayer, department, board or bureau of the city aggrieved by any decision of the Board of Adjustment may seek review of such decision of the Board of Adjustment by a Court of Record District Court in the manner provided by the laws of the State of Iowa and particularly by Section , Code of Iowa Airport Land Use & Height Overlay Zoning Ordinance Albia Monroe County 14 Revised

356 Section 20. Penalties and Fines Any violation of this ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a municipal infraction. In accordance with existing Albia or Monroe County zoning ordinance regulations, any violation of the Airport Ordinance shall be subject to the same fines and penalties as a zoning violation. Each day a violation continues shall constitute a separate offense. Section 21. Conflicting Regulations In accordance with Section 329.8, Code of Iowa, where there exists a conflict between any of the regulations or limitations prescribed in this ordinance and any other regulations applicable to the same area, whether the conflict be with respect to height or structures, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. Any ordinances, or portions of ordinances, previously made by either of the parties to this Albia Airport Zoning Ordinance, which relates to airport land use or airspace restrictions, are hereby repealed. Section 22. Severability If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance, which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 23. Effective Date This ordinance shall be in effect from and after its adoption by the governing body and publication and posting as required by law, as provided for in Chapter and 380.7, Iowa Code. (Code of Iowa, Sec [1]; Sec [3]; and Sec ) This ordinance should be reviewed every 5 years for corresponding zoning amendments by both the City of Albia and Monroe County Airport Land Use & Height Overlay Zoning Ordinance Albia Monroe County 15 Revised

357 Section 24. Adoption City of Albia, Iowa Passed and approved of the first ordinance consideration on June 18, 2018 Passed and approved of the second ordinance consideration on July 2, 2018 Passed and approved of the third and final ordinance consideration on July 2, 2018 Adopted on July 2, 2018 Published on July 12, 2018 ATTEST: /s/ Richard Clark Mayor, City of Albia /s/ Linda Heller Albia City Clerk Monroe County, Iowa Passed and approved of the first ordinance consideration on June 19, 2018 Passed and approved of the second ordinance consideration on June 26, 2018 Passed and approved of the third and final ordinance consideration on July 3, 2018 Adopted on July 12, 2018 Published on July 12, 2018 ATTEST: /s/ John Hughes Chair, Monroe County Board of Supervisors /s/ Amanda Harlan Monroe County Auditor 2018 Airport Land Use & Height Overlay Zoning Ordinance Albia Monroe County 16 Revised

358 Exhibit A Albia Airport Land Use & Height Overlay Zoning Map This exhibit provides the official Albia Municipal Airport Land Use & Height Overlay Zoning Map to be kept on file with the appropriate governmental entities. The maps must be amended when changes occur within the jurisdictional boundaries of the maps. The map is prepared and adopted concurrently with the ordinance Airport Land Use & Height Overlay Zoning Ordinance Albia Monroe County 17 Revised

359 2018 Land Use & Height Overlay Zoning Ordinance Albia Monroe County 18 Final

360 Exhibit B City of Albia Zoning This exhibit provides the official City of Albia Zoning Ordinance to be kept on file with the appropriate governmental entities Land Use & Height Overlay Zoning Ordinance Albia Monroe County 19 Final

361 2018 Land Use & Height Overlay Zoning Ordinance Albia Monroe County 20 Final

362 2018 Land Use & Height Overlay Zoning Ordinance Albia Monroe County 21 Final

363 2018 Land Use & Height Overlay Zoning Ordinance Albia Monroe County 22 Final

364 2018 Land Use & Height Overlay Zoning Ordinance Albia Monroe County 23 Final

365 2018 Land Use & Height Overlay Zoning Ordinance Albia Monroe County 24 Final

366 2018 Land Use & Height Overlay Zoning Ordinance Albia Monroe County 25 Final

367 Exhibit C Monroe County Unified Development Guide - Matrix This exhibit provides the official Monroe County Unified Development Code (UDC) Matrix to be kept on file with the appropriate governmental entities Land Use & Height Overlay Zoning Ordinance Albia Monroe County 26 Final

368 3.4 Use Matrix and Interpretation A. Land Use Matrix. Exhibit 3.4 lists the principal uses allowed within the zoning districts and uses permitted by Conditional Use Permit in accordance with Chapter 2. This exhibit is located in the Appendix at the end of Section 3. B. Uses Not Provided for In Zoning Districts. In the case where a use is not specifically listed under any of the permitted, conditional, accessory or temporary uses in the district regulations, the Zoning Administrator shall determine the appropriate district or districts where such use shall be allowed based on a comparison of other uses which most closely resemble the unlisted use. C. Rules for Interpretation of Exhibit 3.4. Exhibit 3.4 lists principal uses authorized in residential, Non-residential and agricultural land use districts. Most of the use categories listed in the first column of Exhibit 3.4 are defined in Chapter 10. The second column of the use exhibit contains an abbreviated definition of each respective use category. The provisions of Chapter 10 shall control in the case of uncertainty as to the definition. In some cases, Specific Use Types are listed in the third column of the exhibit. If a Specific Use Type is listed in the exhibit, that use type is allowed only within the districts indicated, not within the districts that allow the broader use category. Permitted Uses: A P indicates that the listed use is allowed by-right within the respective zoning district. Permitted uses are subject to all other applicable standards of this Code. Conditional Uses: A C indicates that the listed use is allowed within the respective zoning district only after review and approval of a Conditional Use Permit, in accordance with the review procedures of Chapter 2. Conditional uses are subject to all other applicable standards of this Code. Prohibited Uses: A - indicates that the listed use type is not allowed within the respective zoning district, unless it is otherwise expressly allowed by other regulations of this code. OCTOBER 6, Land Use & Height Overlay Zoning Ordinance Albia Monroe County 27 Final

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