Zoning Commission - Regular Meeting

Roll calls, please. Mike B, present. Sandra Gerlock, here. Monica Mchugh, present. Christine Fab here. Brian Benma here. Emirita Keys. I'm looking for her to join online, but I haven't seen her yet. Tom Stewart will be delayed. Okay. Has everybody had a chance to look over the minutes of the meeting of May 19th? So I had a motion to still make a motion. A second. All those in favor? Anybody opposed? this public hearing and there are no cases. So I presume there's nothing in there and we'll move on to items from the public if anybody has anything uh from the public that wants anybody wants to bring forth. Nothing new. Nothing for you guys. Okay. Anybody got anybody online? No, sir. Okay. Okay. Well, we're move on to the work session then. The first part of it will be the zoning ordinance update project from Lori. Well, hey, it's nice to be here in person. Okay. It's nice to have you in person. Okay. So, I just I'll just get I'll work through this uh and I'll try to move through it as quick as quickly but

as thoroughly as possible. We do have information for this uh this work session packet posted on the website. So, we've been trying to keep these work session packets posted as the meetings come up. We also um would then want to go through the items here. We've we've got these in most they're all in red line and clean. Um if you would prefer to just review a clean version, I'm happy to do that. Or if you want to go through the red line, you'll even change this work session babe to 616. Yeah, I gained three days when I figured out it was on the 16. That's my typo, but thank you. It got changed online. It got changed online. Yeah. Yeah. It must have transposed the six in the night. So, one of the questions that came up at our meeting um in May was the idea of what are the requirements for meeting notices for publishing those notices, but also what happens if you you adopt Iowa code by reference. So, what I'm what I was able to um research with Becca and Lori was that um our meeting requirements um are in compliance. We actually could actually if we want to reference Iowa code um our meeting deadlines would be four to no more no less than four days, no more than 20 days. Right now we're doing no less than 10, no more than 20. Um that the recommendation is to go ahead and just reference the Iowa code and continue the practice of shooting for at least a 10day notification in case something happens. You do have a

little bit of a cushion. Um, so let's publication. Oh, there it is. Um, this comes up sometimes because notices are mailed out to property owners within 500 ft. It's not a requirement under Iowa code. Most cities and counties do have a 5 do some type of mailing notification as a courtesy notice. And so we have put this in the ordinance with a note that it is a courtesy notice. Um if someone doesn't get the notice in the mail or for some reason the notices aren't mailed out, you're still able to hold your hearing be as long as it's been published and posted. Yeah, I got ahead of myself. This one talks about the time frame. Sorry. the meeting time permit. I already reviewed that. Um, and then the good news, I think Sandra, this was your question. I I learned something. You can actually adopt the Iowa code and you do not have to necessarily keep track of every time the legislature amends every single piece that might be important. So the highlighted sentence there is adopted by reference shall serve as an automatic modification of the of the whatever ordinate whatever part of the code you're you're referencing in your ordinance. So win there. The rest of it is just some more information about that. But basically the it's we can reference that we've changed

references to meet Iowa code. Um we'll continue the practice of the 10 no more at least 10 no more than 20 although there we do have a little bit of wiggle in there. And we're going to reference Iowa code as much as possible. And we really can go on to the next one. unless there are any questions. This is just a lot of background information. If you wanted the details, I can keep going if you guys are comfortable with that or if you want to focus on anything in particular. Sing. Great question, Sam. Thank you. Well, we all learned something. Got to do it. Right. Right. had adopted something that's going to make life easier going forward when the Iowa code changes. So then okay, so what's our next one? I think we can probably go ahead to the next item then rule or no I mean to the next I think it's foreign definition is the next obsession topic so there we go. So the other question that came up was the idea of a farm homebased business which to be honest none of us could quite figure out what that meant. Um so what we did is we went back and took a look at what exactly is the definition for a farm that we had researched early in the process. And our our research indicates that a farm homebased occupation is exempt because it's farm related. If meets the definition of farm,

it's exempt and so we don't need to regulate it. So we're recommending that that um definition for home occupation karma farm be deleted. Let's see. We also um in the A1 agricultural district, we're recommending that the home occupation be renamed to homebased business. That's in the Iowa code, and we'll talk about that separately. But there's also a reference for roadside stands. When we look at the definition for farm under Iowa law, a roadside stand is mentioned as an example. So there's no reason to regulate have regulations for something that's exempt. So let's see. So um boy, this might be easier to go to the clean version. The one thing I can't read. Yeah, I well I can zoom in if I needed to, but I think it just Let's just go. Okay, there we go. That's better. So section in chapter one 1.20 firms are exempt. We have a lot of language in there, but with Sandra's brilliant question, we now get to just reference the code section I will code section 33 through 5.2 and then reference our definitions in chapter 6. the definitions in chapter six. Um, there should be a lot of highlights there. I apologize. Farm is defined and regulated in Iowa code 352.2 and Iowa code 961A

and by Iowa administrative code also has a definition of farm. And so by referring to those, we have a very broad um sense of what a farm is. And that I've found it to be pretty helpful the way it's written. And I think it will it will certainly kind of help us frame if something falls within this definition. We do not regulate it. If it doesn't, then we do. Do we have anything else after this? Oh, here's these are the this is the language in those code sections. So, so I found that all of these to be very helpful and because we're going to reference it when they get up when when or if they're ever updated, your definition remains relevant. And I don't there's really nothing nothing else I need to say. And this is the Iowa code and it it's it provides a really good reference, but we don't need to quote it. We just need to refer to it. And Lori and I have already used this on a couple of things. We got another one. Good thing we have this. Yeah, I've one that could be a problem chat. So, I think we want to visit it. Yeah. Well, we'll do that. But right now, this this is where we're recommending is let's go ahead and use that ability to reference the Iowa code in these sections which we've listed here. That's the Iowa code. So, we don't need to put it in our

ordinance. But it's I thought it might might be helpful if you could read what it said as opposed to looking it up. When the code is adopted and put online, then we'll have links to those people can click and they can go right to that code and they'll see the language and then whatever year it is, it'll be updated to be accurate. [Music] Okay, this is a third times the charm, I hope, for homebased businesses. We're also looking at home industry here. Um, home occupation was what is in the current it is what is in the current code, but the Iowa legislature has adopted a a section under county zoning that refers to homebased business. And so our recommendation is that uh we reference that Iowa code chapter. The other thing that your ordinance currently does is it uses chapter six definitions to regulate uses. And I think it would be better to not do that to have a definition in the chapter six, but to put the regulations in the district. And so that's basically what we're recommending for home occupation for home industry. And we already talked about farm home occupation. It's farm exempt. So we're just recommending we delete it. Say let's try let's go to the next page.

So this is this is the actual Iowa code for a homebased business. And then if we go to the next page, this is a chart we put together that says, okay, let's compare what our regulations now for home occupation and home industry are in our zoning ordinance. So that's your that's the column on the left versus the homebased business information in Iowa code 335.35. So things that are highlighted in yellow are things that are a little bit different. They're not actually in the homebased business definition that's shown on the right, but they also don't contradict it. So using this chart and I think it goes on to another page what we're proposing at this if we could go on to um the next page. Do you let it dry? No. No problem. You're just fine. Okay. I mean, you could if you wanted. So, basically what we're doing here is this is taking the homebased business and home industry regulations out of chapter 6 definitions and just giving the homebased business and home industry a definition. really short and referencing in the case of the homebased business it references the Iowa code and section 2.9 the case of the home industry since it's a conditional use right that references 2.9 which is supplemental regulations 4.5 is the conditional use section for

the board of adjustment so if we go ahead and go through this um what is it Okay, we can start with this. So, for purposes of this section, which is regulating a homebased business, we're referencing Iowa code and we're using this particular phrase in quotes, no impact homebased business because that's how it shows up in the Iowa code. So, it's a little repetitious, but it's kind of helpful if you're trying to explain it. And then we come to the next page. So the homebased business know has a full set of qualifications in Iowa code in order to be a no impact business. So you've just adopted those. However, one of them is that the B homebased business doesn't exceed the county occupancy limit and most counties don't have one. So what we've done for other communities is we looked at what you already had in terms of number of employees and clients and it was you don't employ more than one person outside the immediate family on the premises. Okay, there's our occupancy limit. That's what we're currently regulating the map. It's compliant and so that's what we're recommending there. The information in green font is moved from chapter 6. It's your current information how you're regulating this. So, we've we've kept it pretty much the same except for the last one where it talks about produces no offensive noises, vibrations, smoke, dust, odors,

etc. That was language that I we've tagged either here or in other places. It's a little subjective and it's hard to measure. So what we substituted is in red letter G is compatible with residential use of the property and surrounding residential use. That's what the Iowa code says. So again, we're repeating the code, but it seemed like a good idea here. The Iowa code also has a um a number of businesses that they say you absolutely cannot have as a homebased business. And we had no problem with their list. So, we've referenced it. And then we we talked together and thought, well, probably another one that we would add would be this a junkyard, a salvage or recycling operation. We really didn't think that fit the the intent of a homebased business that has no impact. Well, I just Sorry, my eyes are watering about crying. But we do have one that's out in the middle of nowhere. It sits on a B road. There's a there's a provision for those to operate as a condition. Yep. But not as a homebased business. Oh to reszone is commercial or or industrial actually. Oh yeah. So the the other thing we have is home industry. So, um, this one what we decided to do was this could be for a homebased business that had more than one person. So, two or more persons that don't live there.

Let's let people do that as a as a conditional use. Call it a use the same name, the home industry. Um, so it still goes through the conditional use process with the board. And for purposes of this section for home industry, it would be regulated by the Iowa code for homebased business with a couple of exceptions. Um, one is that we um we're going to it's not it's going to be able to have two or more employees. Another is just just a little bit of chain share. Um we in this mix of green which is the current regulations for home industry we added letter D about exterior display. That's what we currently have for home occupations and we would recommend that a home industry still do this. really what you're trying to do is have something operate that really isn't seen from anywhere off property. And we thought that should still apply for a home own industry. One of the other um differences though is a home occupation currently cannot be more than 30% of the dwelling unit. We're recommending that a home industry can't have a footprint greater than the floor area of the home. For example, we talked about people might want to build a workshop, have a home industry, have a couple of employees, but we wanted that building to be no bigger than the house.

Let me that's that was our recommendation. And so that's that is kind of an easy way to keep it secondary, keep it um give it a condition that we felt was um reasonable. There is an opportunity to ask for a variance for these things. We thought we'd start out with that's a recommendation. So if the house is a thousand square feet, the home home industry can't occupy anything more than that. Was that does all that seem reasonable to y'all's so far? I just picked up on something I want to question and now you're like sorry questions. It ring my neck. I know. Need security to walk me out. Well, I guess three times won't be in the So, I'm looking up any proposed homebased business. So the top number one not specifically prohibited by this ordinance or Iowa code that employs more than employs two or more persons who not do not resign the residence. I wouldn't mind seeing additional language to or more persons on premise. So, you know, like if I had a business of in a let's say I had seven I did not understand either. Okay. Let's say I had seven photographers working for me and but there was never more than one of them that would come to the home base operation. So, I was editing their photos or whatever. I worked for seven or I employed seven photographers and I did all the editing, but they never worked on premise. I don't care. That doesn't that doesn't What we're saying here is they don't reside.

It doesn't say they have to work on site or offsite, but they don't reside either. There's they Well, good. It doesn't matter. We don't You can have two or two or more that don't reside. You can have seven employees. Okay. So that's the excuse me. All right. Two or more board. Okay. It can be two or more and that the Got it. So the home occupation okay is allowed by Iowa code is an accessory use. You don't do a permit. You but what we what we have as our current regs is only one person who doesn't live there can be an employee. Okay. Sometimes she has to paint me a picture you guys. It's okay. It's confusing. Yes. But the idea is we were trying to we're trying to stay as close to what you currently have and what the Iowa code now requires because we have people out there who are home occ who have home occupations and we're going to assume they comply with the current regulations and so we're trying to maintain those and home industry sort of the same thing only there wasn't really a lot of information and we felt it. We really want this to be a business that is small in scale both in terms of well it because the impact should really not be seen or from from anywhere outside the property. It's a residential property. If somebody gets to the point where this is bigger than that, then it should be in a zone that's appropriate for it um not a residential zone or not an egg zone. Um if it's not a farm ex farm exempt activity, we're really the land

use policy is really asking us to make sure there are places properly zoned for business and industry. And Steve, that's trying to craft something that stays close to what you have, but gives what we thought was an opportunity for some to have a small business, a home industry on their property that doesn't impact their residential character of their neighborhood. What's on the next page? Oh, yeah. Okay, we can go back that this one just gets rid of that subjective language. So, is this is this making sense to you all how we're doing this? Seem reasonable. Okay, great. Yes. Still thinking, but right now I Yeah, let's go to the clean version. The red and black. And so, okay. So, here's what we did. Those definitions are now or you could eat. They're now short. All the regulations now are in the section where those regulations live. So, the homebased business follows the code, includes your current restrictions, and also lists some prohibitions. Home industry, can you change that one a little bit for me? Thanks, Lord. So home industry is is really just making a difference in terms of number of employees who don't res that don't reside in the premises and um really the the idea of the heart this no bigger than the size of the home. So

a little bit bigger 30 you see 30% E 30% is for home occupation right scoot that down a little bit the 30% I mean does that does that include daycarees or is that a separate section we're not we're going to daycarees are going to have their own veterans that's what I couldn't remember that's why I wanted to ask about the 30% it gets they have this whole different scenario because the kids have to come and go. Yeah. And the So, it really doesn't fit to try and shoehorn them into this, right? And that's what I couldn't remember one or not. That's Y. Yeah. We went through this a lot in um Debuke and we u know there's a need for daycare here in Jackson County and so we're going to we're going to we're they're they're going to be se they're in a separate um part that I have not written yet because it's too hard to put them into this. Well, that's what I wanted to make sure of because this it wouldn't fit for a daycare, which is technically a homebased business and I mean 30% of your house being used for a daycare is not feasible. So, well, and that the daycare licensing or um guidelines if you're not licensed are totally different. So it makes sense to us to put them in separate categories because that whole series of guidelines and licensing and support networks there are different species here. Yeah, that's that's a great point keep to keep in mind and we are planning to do that and to make them possible outside this.

Is this the end then of this homebased business? Okay. Um, this is a question that came up during the board of adjustments meeting in was that May meeting? They had um they had a person who wanted to do a campground and the current language is pretty vague. Um, so we did some research and we found um there's not a lot of information. Most ordinances at the county or city level don't really regulate um campgrounds too much or they really regulate them. So we're we're kind of trying to lean towards a little more regulation with a little more clarity. respond to the board's request for some guidance. So, what we're looking to do is revise the current definitions in your ordinance for campground and travel trailer to coincide with Iowa code and Iowa administrative code. Um, there was a there was a lot of questions at the board of adjustment about different kinds of campgrounds. So we have expanded the types. The big issue was what's a public campground and what's a private or commercial campground because we we use all three words. So trying to be more clear, try to use so many adjectives. And so this definition section that we're going to look at tries to do that. And then the last one was the conditions for campgrounds in A1 and C1 are they're kind of vague. They're not real helpful. And the board

again the board wanted some more help on what what might the commission feel was appropriate. So I'm going to go to the next. Let's see. So, these are the definitions that we found in Iowa code for campground. Um, recreational vehicle, travel trailer. See what else is What's that? Travel trailer. Can you move that up? Truck camper. I can you move it so we can read the bottom of the page? Sure. Truck camper. Okay. And then let's go to the next page. Um, so yeah, trying to use wherever we can find a definition. Yeah, I will go and use it because then we're in compliance. So I put together a chart based on what I could find on the internet and what Becca could find on the internet about commercial campgrounds, private campgrounds, and public camps. Well, the good news is public campgrounds are very easy to define. If it's a federal, state, county, or local government, it's a public campground. If it's anything else, it's private or commercial. There really isn't a lot of different difference between commercial and private. And so, can you go to the next next page? Thanks. Um, you know what? Let's let's go right to the to the main version. I think it'll be a lot easier. Okay. So

what we did is campground the campground um definition gets rewarded to match or use use terms used by Iowa code and Iowa administrative code. The commercial campground this we've tried to write this in very um plain English. The commercial campground is the name we're recommending because it's used in the C1 and we refer to commercial uses. We refer to a commercial district. So, a commercial campground versus a public campground. Um, but then what we're doing is there are other there are other other names that pop up for campgrounds, membership campgrounds, personal campgrounds, private campgrounds. I'm trying to draw uh relate them all back to that bigger definitions of a commercial campground and then public campground and stands stands there alone. So now we're down to really two major kinds. A private campground is now called a commercial campground throughout the ordinance and then a public campground. And then the other thing that we found as we researched this is there are different types of development. So we there were numerous examples and what we picked were three. One is this one at the bottom is a primitive camp. So this is one where typically you're going to walk in, you're going to backpack in, you might ride a horse, but there are no facilities. Um, there's nothing there for your comfort or convenience. This is Boundary Waters. So, if I don't know if anybody's been I

haven't been to Boundary Waters because that's exactly the kind of campground it is and it's you're just out in the wilderness on your own. Semi-developed campground may still be walk-in or you might be able to get there. It may have roads. It might have some rudimentary facilities, might have portable or pit toilets, might have fire pits, but not a lot. Then if you go to the next page and I'm just looking at this personal, C private, private, see commercial, C commercial. Yep. A personal campground is not a public campground, which means it's a private campground, right? And a private campground, you go to the commercial campground to see the definition or I would drop personal campground all together. Yeah. Because it's every time we pull it up, it says private campground. Okay. So, this is commercial. Yes. Right now we use the words private and we privately operated and commercial. Okay. And the board of adjustment said what's the difference and the differences? There isn't a difference. Okay. But then they said what's a personal campground? They asked for that. Okay. But if you don't if you want to just tell them that's what it is and not have it as a definition that's fine. I'm just trying to we were just trying to respond to what we heard them say. Okay. It's that I tell you, we spent a lot of time on this and I don't I don't even like to camp. So, I learned a lot, but I also know why I don't like not camping. Okay. Now, when when we get down to page two at the top,

here's a developed campground. This one I might stay on. Okay. So, this is one where you're going to be able to get there by vehicle. There's facilities, there's amenities. Um, this is this may be where you can hook up your RV to water and sewer and electric. I mean, this is this can be um all sorts of things beyond that semideveloped and certainly beyond the primitive. These additional definitions are either for camping unit or campsite. Those were because there's some there's some discussion of these in the Iowa code. Tourist camp and youth or summer camp are current uses allowed in your ordinance with no definition. So, we've tried to come up with some that that fit. Uh, recreational lodge is another use that's allowed. Again, trying to create a definition for it. We saw a lot of recreational vehicle RV parks when we were looking for campgrounds. They're kind of the RV park is kind of a popular type of commercial campground. So, we went to Iowa code, looked up what's a recreational vehicle, what's a recreational vehicle park, and so we've added those. Um, one of the things we also looked at was um not only the development type, but what kind of recreation goes on at the at those different kinds of facilities. is as a way to um minimize their impact on the surrounding environment. So you may have heard of active recreation.

This is things usually involving courts or fields or other types of facilities. Um this type of use has a lot of vehicle trips. uh it's more intense and that means it has a potential for greater nuisance to adjacent properties because of noise or light or glare or odor. Oh, commercial recreation, indoor commercial recreation, and outdoor commercial recreation. That's on the next page. These are all part of our definitions of creating general land uses that cover a range of specific listing. So, your ordinance may have listed two or three of the four or five of the things in either of these, but by using this more general and broad um definition, you allow for your ordinance to be more flexible and also to accommodate sports that we aren't even thinking about yet. So, it allows you to be um flexible as things develop in the future. The other one I wanted to point out to you is passive recreation. So these are activities let you carry out with you can just leave the site the way it is. Um you enjoy the scenery. You might h um have some some um hiking trails, picnic areas, but these are things that are not going to alter the landscape very much. They have low vehicle trips and usually they're non-motorized activities, so they have a lower

potential to be a nuisance to the adjacent properties. Then public recreation is this is this is another broad general use that was again a a compilation of many things listed separately in the ordinance bringing them into a single definition. travel trailer and truck camper refer to the Iowa code section and also refer back to recreational vehicle. So right now um what we're looking at here is how we're proposing to set this up. So a commercial campground recreational vehicle parks on sites of less than 5 acres. Right now there's no acreage listed but in the commercial district of C1 highway commercial there is a a distinction at five acres. So we're we're thinking okay let's use that as the the cut off here in A1. If it's more than that it should be in a commercial district. um trying to keep the parking pretty simple here for these various uses. Um we decide to split the split out summer youth camps, tourist camps, indoor commercial, outdoor commercial because the parking requirements are a little bit different. We're limiting tourist camps on sites of less than 5 acres. we're showing here in A1 because in C1 commercial they're allowed on sites of 5 acres or more. Um the recreational lodges maximum 10

units that's your current regulation. So that's that's what the chart would look like in A1. Then C1 highway commercial allows commercial should say commercial not commercially commercial campgrounds, recreational vehicle parts or tourist camps on sites of not less than 5 acres. Um pretty simple um parking requirements. Again, the next section is when we move into section 2.9, the supplemental regulations. Here we're looking at let let's set this at less than five acres. Um here's what your your current regulation says. What measures will be taken to minimize adverse effects of the proposed developed development might have on the environments? That's letter A under under the A1, which wasn't very helpful for the board of adjustment, which is why we're here with some suggestions. So, some of the things that are typical for a campground are that they provide some incidental services. They provide for sanitation if there's something other than primitive type of campground and there's some recreational facilities. So after researching a number of these, Becca and I are recommending that this be um a number of campsites be no more than four acres. We found an example that we have in this picture. This example meets these criteria. We thought, well, there's an existing one, but let's use that as a basis, but I'm not quite ready to Oh, sorry. You referenced it, so I scroll. Yeah, I

know. No worries. So, one of the things we want to um make sure of is the county engineer is approving the access for this, but we also don't want to have the traffic go through a residential subdivision. Um, an example of this is Spruce Creek Park has an access road that goes past a subdivision, but it doesn't go through it. It goes past it on a a common access road that serves the the residential subdivision and also serves the park. Um, your current regulation in C1 is a setback of 50 ft for a residential district. And we thought, well, let's put that here, too. Um, we're recommending again that simple off- streetet parking and then compliance with development and sign regulations from the district. And then this also this last item number seven right above the picture. So Becca and I talked about this and we thought, well, this this example we have here in the picture is one where the recreational facilities are passive recreation. It's in a scenic area. It's near water. There's some open areas. Um, so this is really much different than the next one when you're in C1 highway commercial. She wants to scroll down a little more. This is one where, you know, here's the comparison. the C1 um this would be your campgrounds or RV parks or tourist camps on five acres or more. And again, what kinds of facilities

higher density here? 15 per acre is what we found on the ones we researched. They were all about the same. They were at 15 per acre. Again, access is approved by the county engineer that should not go through or across the subdivision. If there is any kind of service involving um water, sewage disposal, drinking water, portable water, whatever it is, the county health department needs to get involved. The current regulation was the campsites can't be within 50 ft of a residential district. usually not those parking requirements. Letter G though the difference here is that in the C1 highway commercial district we can have both active and passive recreation activities because it's in a commercial district. So it's the expectation is this is a more intensive use. that has more facilities and amenities like the example of the site plan for offshore shown here. So this is a mix of overnight sites, seasonal sites, cabins, amenities include restrooms, a pool, a water park, restaurant. Um it's accessible to vehicles with a interior road system, parking areas. So, I mean, this is quite a lot, but it also was a way for us to relate to something in Jackson County that would show types of things that could be done at a commercial campground in the commercial district, contrasted with a commercial campground in your A1 agricultural district.

So, we would sure like to know what you think about this because that's going to drive the staff report that goes to the board of adjustment. any private campground off of Centerville. I don't even know where that one is. I know where Cedville is, but I don't know that one because I've also crowned some other ones that the way I understand it, it's a membership as defined by by Iowa code. Okay. The Iowa the it probably differ. The Iowa code has information. The Iowa Attorney General's office has a very helpful website on membership campgrounds. Most of the regulations for those are to make sure that people don't get sold a bill of goods, let's say. They're to protect the the investor, the member. Um, and they have their own definition and we were we were just going to leave them be what they are. Yes. I I was in a graduation theater years ago, but I didn't even know it existed until then. So, um it would still be considered a commercial campground. Yeah. But there's a whole series of regulations that that the in terms of the how that membership structure works. You can give me that information, Monica, because I have I don't I'm I'm pretty confident it's not going to be a permitted one, just like there's another one

real close to the one that's trying to get a permit that's not permitted. So, I got to remember where it's at. If you just want to give me a name or even I could find it. I'm not sure. Okay. I I could probably drag you right there. Got it. I got you. That's all right. We'll just take care of it later, though. Yeah. Yeah. I Yeah, we can talk into them cuz they have a nice lodge there. I mean, they may well be in compliance and just not zoned for it. I I'll find it. I'll give it to you. just we we I did not drive when I went there just because I knew I may be intoxicated when I left. So I had a designated driver. Okay, we can that one. Yep. Yep. We want to move on to the next next item. Let's see what comes after this. Okay, this this uh question of cemetery and burial site came up because there was a a request for this and so um Lori and Becca and I looked at Iowa code and my and um so what we're looking at is there is something called the Iowa the Iowa Cemetery Act. So, our recommendation is let's just reference that um that Iowa code and there's definitions in there that work for us. Um one of the questions that the commission had in the prior meeting was this. What is this 20 spaces off the rideway on drives or parking areas? Well, it's an arbitrary parking

requirement. So yeah, bears looking at um there are no statewide requirements related to you have to have certain kind of parking at cemeteries. However, typically what happens is there's parking along or on the roads. Um there might be pulloffs, there might be a parking lot and the 20 spaces. Where did that come from? It's arbitrary. I have no idea where it came from. nor would I encourage you to use it because it could be too much or too little. So, we don't have a lot of these and we're thinking we're it's not going to be something we're going to get a lot of. So, we're recommending let's be flexible. We'll have a site plan that shows where the the the roadways will be, any pulloffs or parking areas that goes to the zoning administrator. Um they can approve it and that takes care of the parking. The burial site we feel could be handled as an accessory use in the A1 district. We we're aware that are there are farms that include burials for previous owners or the current family or whatever it might be. Um and so that would not be unusual. Something that does occur. Um and it's certainly not the primary use. It's not a cemetery um like it's it's for more than people who were associated with that farm for example. So we think that's a good way to to uh accommodate this request by allowing something that's already occurring and not really causing any conflict. You want to go to the next page? Okay. This is the cemetery law which we

can kind of this has the definitions. Um Becca and Lorie scrutinize these and pick the pick the ones they wanted. If we go to the next page um these are the ones that seemed relevant. These are things that pretend to pop up. a burial site. That was the request, a cemetery that's existing. Colarium, mausoleum, also pre-trained cemeteries. And then we have our pioneer cemeteries in our county. They have their own commission. Um, but and they're also regulated all under this Iowa Cemetery Act. In the A1 district, you can see we talked about this required parking. We agree. It seems kind of arbitrary. So we again for both the cemetery and the burial site parking would be perite plant again allowing the burial site as an excess for use. So that let's see what's next. That's it. Seemed like a pretty simple way to solve the problem and be a little more flexible. clean. Yeah. Okay. What's next? Oh, R1. Okay. Um, was that 15 types? Which one of you revised? Two tags only. And I'm only at the 13. 15. Okay. So, um, the R1 district you looked at in April, you had some, um, there were some questions, um, and I had some typos in there, so I'm going to try to correct

those. So what we've done is we're we're using tables as much as possible. Principal, accessory, conditional uses using the um the matrix matrix of allowed uses to help us out here. And we're showing references to the zoning ordinance and other county ordinance as well as code. Um, one of the things we had talked about early on was creating a separate district for um, existing residential areas, subdivisions in particular that that were platted before the county had zoning. We've thought I think we can maybe put this in R1 for you and then nobody has to go through a resoning. So, we know when the first ordinance was adopted. So, there's our date, May 6, 1976. anything that's platted off record before that we're trying to create regulations that um will accommodate them. Uh one of the things we researched with the commission um a year ago or more was the Leisure Lake um area. That's a that's kind of a good example of something that was platted before there was zoning. And so what we're trying to do is accommodate historical existing development, land use patterns so that the administrator can approve things and they don't have to go to the board of adjustment. The board of adjustment is very happy anytime we can keep something off their agenda. So they're in support of this. Do you want to go down to page two? And this is the information we looked at last time when we did an analysis of just Leisure Lake. Um these were this were this demonstrates why the current zoning doesn't work for that area.

Um the minimum lot areas with oil and septic or with a community water and sewer or even for a seasonal resort, there's still a lot of lots that don't comply. So you'll scoot down a little bit. So what we came up with so is a set of um regulations for how these lots are developed depending on where they're at and what kind of service they do or don't have. So the regulations are on the left. The f the second column is dwellings and LLPA that's Leisure Lake Property Owner Association uses. They have they have some facilities um restrooms and some other types of facilities um that private well and septic. And so there you see the the regulations for them based on our Lori and I um when Rebecca looked at the site um if they're served by community water and sewer that third column the lot size can be smaller and and those setbacks can be smaller. other seasonal dwellings. We're using the 10,000 square foot. That's what's used in A1 for seasonal resort. And so again, the dimensions of those development regulations, they drop down. And then for accessory uses and structures, that's that last column. um they don't have a minimum lot area or frontage and we gave them pretty pretty limited uh front side rear yard setbacks.

So if you want to if you want to go to the let's go to the clean version I think it's a little easier. So our one is uh it's got a lot of it. There's a lot of it because it has it's broken into two two types of residential areas. So the that's one section or one set of regulations is okay you were platted after we had zoning so these are our regulations or you were platted before we had zoning so we need to give you new regulations because we need to we need to match how your existing developments working. So for the R1 district we have what we're calling standard. So that applies to the R1 districts that were platted after the first zoning ordinance. And so that's what we're showing in this chapter or this first table, excuse me, of this chapter. Do you want to Yeah. Sorry, I was just rereading something too. Wait a minute. We've got cemetery. We've got that 20 spaces again. Yeah. Good catch. Part of this depended on which of these I have finished first and of course whether you adopt it or not. Change it. That's a good catch. See the intention is to get all these organized. Okay, so this is just keep going. So now

we're into um alternative um principal uses and structures planned before that de that date. And so the um uses are listed there and their parking requirements. Same thing we did we did this with the accessory uses. There's a lot of these uh trying to accommodate things that are occurring in these in the various subdivisions. There's the standard list and then there's the accessory uses list and really trying to in this area deal with those subdivisions particularly in major lake that occurred before zoning head wrestlers wrestlers. So, um, keep going and see what's coming up. Okay, so conditional uses. Um, I think these are the ones that were those are existing. I don't think we added any. So, I have a question on this one. Uhhuh. with conditional use. Sure. Because railroads are private property. So why do we have Oh, they shouldn't be. They should be. I think we pull them out in the other districts. I was going to say they should be because they're not they're not public. Yeah. Well, and what are you going to do? Tell the come through? They're already there. Yeah. They own the property. I mean, they're not it's not public. Yep. We'll move that up to principal uses. I'm sorry. I missed that one. uh don't we didn't add any temporary uses or structures and then let's look at the development regulations. This we looked at this before but um

this time I think the numbers are correct. So we're starting here with the standard development regulation. So this is pretty much what you have in R1 right now. I don't think we changed anything really. So this is Let's go ahead. We've already looked at this. So now the alternative ones this time the numbers have been changed to um oh where are we down? These are I think we looked at these last time. We'll we'll move um railroads out and we'll also change special exception to conditional use. Um, let's go ahead and look at table two. So, table two is let's come up with some alternative development regulation. Do scoot that up so we see if we can get as much of table two as possible. So, what we're trying to do is create the regulations that reflect the development that's there, the historical development before there was zoning. And so, um, these are these are those SEPAC requirements that we that we showed you in that transmitter letter in that summary box with the different colors. And then let's go ahead and scroll down. This bo this um second table uses notes um which are just off the page. So, can you can you pull them down a little bit? Okay. So, again, we talked about this at your meeting in April. So, there might not be any minimum lot area with unless the county health department

says you're going to need something to provide for adequate sewage disposal facilities. So, we're putting that that squarely in the health department's domain. for them to provide us guidance on what should happen here. One of the other things we talked about at our April meeting was averaging the front and rear yard setbacks. This is um something that we've used we used in other communities to again kind of use the existing development. Where where are the Thanks Lauren where are the buildings located? Um, and let's just come up with an average um something that works for for that neighborhood. Um, there hang on side. The special sideyard setback um is just another way to have some flexibility. Um, the front setback for off- streetet parking, I think it's in is kind of shown in the second drawing. So if you want to go ahead and scroll that up. So this first one is the example of an average how to calculate an average front setback. And then the next one under it is what happens with where with providing enough room for parking. Um, most vehicles need a 20ft parking space. 10 foot won't cut it generally. So, give some examples of how setbacks can still be 10 foot, but the driveway can accommodate a 20 foot parking area. I think that's the end of this.

Oh, we got another drive going. Oh, then this one is just an example of working around that 10-ft setback with different layouts. What hap what does and doesn't work on these particular examples and then I think we're I think we're we're cool with this. We're going to talk about this as part of something else. Oh, you can't leave that. How are we doing? Well, I just moved it out so we could I zoomed in for the graphics. So, I zoomed back out on the regular stuff. Gotcha. Okay. So, Oh, sorry. That's okay. So, this section we looked at at the at the March meeting. Um, we have added some new language about more than one principal structure on a residential lot. We have more information on the accessory dwelling units now that the code has been adopted. Um, we looked at the solar energy system requirements then and the references for um the wind energy conversion system and a future data processing center or events are are shown just to kind of get us um in place for those or a placeholder as a placeholder. Thank you. And then again, we'll be doing references and highlighting those. Okay, let's go ahead and go to Let's see what the red line looks like. How bad is it? Oh, here's the we put in there for you. The information about accessory dwelling units. This is a new

section of the Iowa code that we can go into the next and that's just for cities which won't retain. So one of at the is it the March meeting? March meeting there was question about visibility and intersections. Um we had regulations in there and we realized that the county engineer already does this. So, we took out regulations and just said as determined by the county engineer according to their their policy. That way, we don't end up doing something that doesn't work for them. Um, more than one principal structure on a lot. One of Okay. So, what's what's come up for Lori and I in the past has been someone who has a house and says, "Oh, this means I can build another house." Well, not really, but it is not really clear either. So, kind of trying to work around being more specific. If you have a lot zone for single family residential and you have a single family residence on it, you can't build another single family residence on that same lot on that res coming up with a term of residential lot. It's platted. It's intended for a single family residence that complies with the development regulations and it's either in the A1 district or the R1 district. Now, however, we have this accessory

dwelling unit, which is the new Iowa code that says you can build this accessory dwelling unit on a lot. So we think we have we have responded to that question of can I build another house and the answer is yes as an accessory dwelling unit in accordance with the state law and the regulations in our ordinance. Um the other ones are kind of we can talk and we can look at session dwelling unit if that'll help clarify this. I think it should be allowed help. I I I don't think we struggle with this one. Oh, go back. I was going to go to Sorry. Hey, stay just a question on this one. So, I struggle with this one because in my opinion, if you're have if you're adding a second home on your property, what should really be the govern government governance, especially in a rural area, is your water and septic. Can it support your respects? Yeah. But I would argue that if you're going to build a separate residence, unless it's an accessory dwelling unit as allowed under Iowa code, you should have it on its own lot. So, we know it meets the requirements. You see the language here says more than

one principal lot structure of a lot in any district. No more than one principal structure housing principal use may be erected on a single lot provided the area setback and other requirements of this ordinance shall be met for each structure as though it were on an individual lot. If it's to me, if you are in a single family residential district, the expectation is a single family residential district will have one house per lot. Now, the Iowa code says disagree with that depending on the size of the law and and I don't I mean I buy residential area if you're not I mean if you're in a rural outside of city limits and city requirements, city zoning, and if you have a lot that is big enough to have two houses on it, then you should be able to put two houses on it. But I think the governing factor should be your septic and your well. Okay. And we can we can write it that way. I I really think that should be the guiding factor of it. Then do you have to specify the size of the lot? Well, the lot has to be enough to meet the requirement of the house. you have to meet the requirements to be able to use um either the same septic depending on your runs um and the well I think it should have two qualifications. One is that it can meet vehicular access requirements of the county engineer and the second is it meets the water and septic requirements of the county health department. I don't

think the zoning administrator should be the one that determines it. Should I think I think those two departments really need that weigh in on whether that lot is large enough for that second or third or fourth or fifth home because this just says more than one. There's no limit. I have enough land in I can put 10 houses up. But but the engineer and the health department I know I'm sure agree with you on that because if you've got if you're going to if you're going to build a second, third, fourth home on your property, that second home has got to figure out how to get back there, not the county. They can do an easement. If they sell it off, it's private property. Let's let those people figure it out. Except if they don't figure it out, don't guess what? I don't that's not when that's not our that's not our concern. You got a house that no one can access. That's not our concern. That I mean seriously, it's private land ownership. That's not our concern. Why should we dictate to them what they have to have for private road that they have to maintain? That is not the zoning board's discretion. No, it's the county engineers. No, it's not. Why not? Because it's not county property. It is a private landowner property. The prevailing factor, I truly should believe, should be the septic and the well because we're more concerned there because that can affect other residents with contamination of the soil. So, you saying the property lot, it's got a big lot. You can have all sorts of

houses on it. All the county would need is to get to the lot, not all the individual houses on the lot. No, Laura's saying they should have access. That's what I'm saying. But you're saying all the time would be is to get to that one. Yep. In front of the lot and not all the little houses. Okay. That's a good That's a good example. I mean, private road to the law. Goes to the law. The county should not be responsible for it, nor the county, if the county wants to dictate it, then the county should provide all of the maintenance and pay to have that room done. But if you sell off the lots, that is that is different. And that falls under no that falls under real estate law. And you're stupid if you're going to sell a lot off and not have access to it. You should have been buy. Yeah, you should buy. Oh, I just saw a lot sale coming you guys that I'm like, "Oh gosh, you're killing me." Seen some of those. Well, by your family's involved in in one on a sale, the Iowa code allows for private condemnation. So the county, it is not the county's responsibility. I mean, that's fine. If we want to write it in there, that's fine. Then the county must maintain it and put the road in. If it's on private property and if the county thinks that we need to have an access road, then the county needs paperwork. Nope. It just became a big campground situation. The interior roads in a campground are not set by the engineer, but the access to the road is it's it's Christine's example. Yeah. The engineer gets the vehicular access to

the campground, but what goes on inside. So, all you need it's up to them. So, this the front the front of the first property. So, if you've got you got a square property, it doesn't even have to be the front. What you're saying is the vehicular access to that lot. That's what the engineer approves. Anything that goes on interior. No. No. That No. If you've got one big lot, you're not splitting it off and you put a house in the back of that lot. All right. It's all one person's property. If the county wants access to that house, then the county needs to pay for it. If you don't want access to their property, that's my point. It's private property. If they build a house back there, they can put their own driveway back to that house. That is not the county's responsibility to maintain or determine how it's going to go. We want to be synchronized. Great. That's not the county's responsibility. That is the private land. So, I don't I don't think we should dictate that we should have that the engineer has I think it's coming from to put the driveway and it's still related to put the driveway. Exactly. And so why they're not maintaining that driveway. That's my point. So why why do we want to make sure that the engineer tells them what they have to have for a driveway to the back of that house? We don't. That's right. And you don't care if they're splitting it off as a separate one or not? No, I don't. Is everyone in agreement with that? Yeah. Didn't there used to be a law that you could only split so many? So, you're not splitting it off. They're not splitting it. They're just building as many homes as their land will

accommodate at 2 acres per lot or 20,000 square foot per lot. They just go ahead and build their houses. We're talking more of a family compound situation. Not necessarily. or friends or no no we're not talking about it have to be that way they could have those somebody could buy those houses and they can all and the one septic you know it's not up no that's that's not up to us either that needs to be ged because the health department because of the health effects and the leeching and things like that we want the septic in there I don't think the county engineer dictates to them how to put the roads in unless they're going to pay unless the countyy's going to pay for it. But the county can have access to go look at those houses. Why do they need them? Taxes. Um they've got access anyway. That's what I'm saying. They still have access. The assessor's office has a duty and a responsibility to list real property. So they can go anywhere. Well, with Yeah. With Yes. Yeah. Yeah. So what so what we'll add is instead of what we have in red right there, we'll say where it says shall be met structure as though we're on an individual lot subject to and we'll reference the language we've been using for the county health department for water and septic. Put that in there instead. Okay, that's cool. We can do that. We'll just take that out. Did that.

Okay. Can you start No. Why? Shouldn't they shouldn't really do it. It's residential lot. It should be one house on resial. Well, wait a minute. I mean that's stateated. That's not our decision. Well, no, but what what I'm saying so different counties have different regulations. What is it? Scott County requires what 10 10 acres for a rural area. Some require five. Debuke County is one. If you've got a five acre piece and you want to build a second home out there, as long as that second home can have septic out there, then you can septic and what's that? They always reszone it because I see all this reszoning stuff in the paper that they're they're sectioning off with part of the land so that a member of the family can build a house there. That's different. And they're non section off and they can they're making them section off. Well, they they can do that because of their lot size. Well, I don't think they allow most counties don't allow for a second principal use structure on one parcel. I I think we should apparently the states allow well for the accessory dwelling unit which that says it has to be what percentage of the main house doesn't make it be smaller. Yeah, we can get to that. I think the discussion here is how how do you view a lots that are planted for single if it's for a single family residence, whether it's 20,000 square feet or an acre or two or 10. Monica's point is if you have enough area, you can build as many homes as you want as long as the county health

department says you are complying with our well and septic because that's going to be your restriction. You might want to try and build 10 houses on an acre lot, but guess what? Our county is going to look at that and say you can't do that because your septic and your well will not fit in that piece of property. That should be your restriction because you could build 30 10t by 10t huts and call them resin houses. Yeah, those little tiny houses. And guess what? You can have enough you can have enough space, but your septic is what should dictate it because if you've got too many people there, that's where that's where your environmental issue is. And that environmental issue is going to affect the neighboring property owners. So, I think that's what we need to look at rather than out in the middle of nowhere the number of structures. So those people are are never sectioning that off. How do they know what their land is? But they're not sectioned it off. That's what I'm saying. They're not How do they know where they're and typically I'm going to agree with what Brian said. Typically, it's going to be like a compound or a commune. I mean, I'm not going to let Laura build a house on my property unless she's my buddy. You know any of you got I mean it's typically going to be my up and get it's going to be it's typically well your husband's a great potter so we might have to talk but but you know what I mean like Brian said typically it's going to be someone you know we're not going to have you know right be building a house we're

going to allow a family member or a really close friend to be building on that lot with us and typically the ownership's going to be underneath owned by the underlying lot owner. And not those homes could all be short-term rental. Yeah. Or long-term rental. And the ownership would be ownership is still the same. Yeah. Whoever owns the the lot, whatever acreage that is could be done that way. Then they can split it off in the future if everybody's dead and gone and they want to not. Yeah. The trick becomes to split it up. No. Did you have pavements? You have to meet the development regulations for the lot area and the setbacks for the buildings from side or rear yard. And hopefully that was thought about when you figured out you have enough area to put the houses up with the sewer and water. And maybe you do because that's a that's usually a pretty pretty sizeable enough funnel for the septic. And well, there's some separation requirements, area requirements depending on what systems used. And that that's what I'm getting at. I don't think we should look at the structure. We look at the underlying that has more effect on the neighbors than the structures being there. Okay. Is everyone okay with it, Monica's suggestion? Well, until you go to settle that after all the original owners have died. But that's not our problem. Well, it still can be settled. I have a I I am going to sell my 10acre parcel that has five houses on it. Somebody might want to buy it. Got to buy it all. You got to buy it all. All or none because you can't say unless like Brian said, you start to split them off and then you've got other things you

couldn't Right. That's what I mean. So it's fine until well but that's not but that's not our purpose. That's not that's not our that's not our concern. That's not that's not part of the zoning. It doesn't really under Monica's scenario as long as you are meeting the environmental health requirements of this county you can build the houses you have sufficient land area to meet the environmental health requirements and probably a few setbacks around the edges but um you've got access approved by the engineer to the lot just like anybody does and that's good and And you know, it's it's an individual's choice on how they use the land. So if you three have meeting the environmental requirements, you three have the house on the 10 acres and you die and I want to buy a house. I'm basically buying a house. I'm not really buying land. If there's if it's to one owner, I'm buying a house. The structure of the contract. I'm just saying how would you do that? I'm just asking. We could do it as a residential condominium. I would have to do so in in Debuke the condominiums would be we would get the little pl the plat you probably am too. They're um the footprint of the building is the lot. That's what I'm saying. The rest is the owner. Yep. Should the condominium association or something like that. So there's probably ways to do it too or again that is not the purpose of the zoning board. That's because So that's because the the person that owns the land is building these houses may have individual contracts with all these

other people, but the guy still owns all the land and it's on these people legalities down the road as long as they're meeting the health and whatever required. They're getting into their own mess. So odd odds are it's only going to be one or two and it's going to be for a family member. Yeah. Oh, I know. Well, and and that's why I think we should put the septic in there because that is going if you look if if anybody's put in a sephic in the last five years, I mean, there are major restrictions on that on where everything can be. And I and this is what I'm getting at is that yes, we can allow five houses. we can, you know, 20 houses. The sanitarian is not going to allow it to happen because there will not be enough property there to put the fields in. So therefore, instead of us saying we're going to limit it to five pl five houses on one acre, the sanitarian is going to be the one that says nope, you can only put one house on this anchor because you don't have enough room to put any more septic there. The the other advantage here is that there's no way to request a dimensional variance from the board of adjustment. Oh, I want to put six houses and you only say five. This pushes it into the realm of the environmental health regulations which are not subject to the board of adjustments. They're subject to the board of health. So, you see how where Monica's going with this? And there are ways to transfer the ownership in whole or in part, but I don't think we have I agree. I don't think we have to worry about that. People are doing this.

It should be full disclosure. I own this land. I own these houses. If you want to buy this property from me, you can buy it all or there's some other way to do it. Right. I mean, currently meets the environmental health regulations. Okay. Currently, currently the law says if you sell your rural residence, your septic system has to be inspected within 2 years of the sale. So, if you're going to sell it, septic has to be done. Guess what? You might not be able to sell it or you're going to have to do some remediation things in order to fix the septic. So instead of dictating it through the property and saying nope, you can't do this, you do it through the health and like Laura said, there's no adjustments. So like the board of adjustment then is they're they're free from having to worry about that. It's all on the environmental health sanitarium. So is that everyone's okay with that? So is the owner going to be responsible for the septics for all of those houses? You bet. Or what's that? Sure. The individual owner or the owner of the parcel. Somebody will be one way or another. Right. Right. But they won't build. It's it would always go back to the underlying property owner. Doesn't make a difference to us. Yeah. It's and and it's not regulated by by this department. It's not a zoning issue. It's an environmental health regulation. And frankly, we should not get mixed up with that because there's a whole department that handles it. And there's no rule saying that if you're splitting your parcel, individual parcels have to be so many acres. Yes, there Oh, yes, there is. Now you're Now you just jumped into zoning. Okay. Monica's is keeping it under the environmental health regulation. Okay. You don't have to split it, but you have to make sure the environmental health regulations are met

and continue to be met. And is there a two still a twoacre for Jackson County in R1 or excuse me A1? There is if you're splitting off a lot. Okay. If you're using health, it could be two acres, it could be one acre, it could be three acres. I think it depends on what else is around you. Okay. Where are you placing these different houses on the property? What are the conditions of the soil? What I mean environmental health? I don't I don't know those regulations and I'm not really I'm really really really trying to not put them in our in our zoning ordinance because there's a whole series of state and county rights for it. That's why we shove it off on the environmental health and we can we can I'm serious. That's right. She's she's more diplomatic than you are. But we follow the state law on one or more structures, but we put in there the environmental health. It backs out the zoning and it pushes Okay. Defers to the environmental health. I mean I seriously I mean that our our main concern Oh, I like it. is more of the environmental. Yep. Because we had that happen when we moved out here. Guess what? We got surprised. We didn't have to have an inspection and the neighbor turned us in because we didn't realize that our septic was draining into a ditch. So, having no money because we just bought a farm, we had to put in a septic and a leech field. and it's very expensive. Yes. So, so that would not be looked at as kind of circumventing that requirement of the

two acres of sizes and only so many divided on not necessarily because the sewage disposal system depending on which one it was might only need an acre. There are certain ones that work a certain way or it might need more because of the condition of the soil, the soil type and lay of land. Who knows? All kinds of things could impact it. But it's in the environmental regulations, not the zoning regulations to make that determination. That's that's what we're working on here. That if you plat a subdivision out, your lots should meet the R1 regulations that we showed because you're selling the lots. basically. Yeah, you could. Or you could be building houses that you rent. You don't, but still they're you just pick you're just picking and choosing to do something different. Yep. So, and that so that so we have an option for people to not subdivide but to add houses assuming they can meet the environmental health regulations. Or we have the option of what you said like the rental houses but you're separated into lots or you can sell the lots to other people and they build their own houses. So you've got right or you can do use the example Monica's putting forth that you can put these houses up. They can be rental too. We do not say oh you're in a rental district. We say oh you're in a residential district. It's just how you structure it. We can't discriminate between family composition, whether they rent or not, it's irrelevant. Human beings occupy a house. That's it. Whether they rent or buy or own doesn't matter. The house has to meet environmental health regulations.

That's well and are we are we is everyone clear where we're headed here? Any other still any concerns? Okay. So, I think we have consensus in support of your position. Okay, great. All right. What are we doing now? Well, we were here for a long time. Look, we got that figured out. And this I think we're just doing we're we're just going again referencing Jackson County Secondary Road and Iowa to keep us out of it. Uh, we can keep I think that was just to make sure. Oh, I got to change special exception. And this goes back to kind of where Monica was before. Yeah, that's our current ordinance. There's a different date to anyway that's that's the current regulations there. So, do we reference the engineer? I don't. We better we better add that to G. We actually Have you had the county engineer look at this? Yeah. Let's ask them. Let me com I'm going to find another please. So I actually, you know what I think we should do? Buildings have access um

shall have access is approved by the county engineer. I think we should shorten it up and take those out. We especially if that's part of what they're already doing. It shouldn't be in our ordinance, right? I didn't I didn't really catch that at this. Do you see what Do you see where I'm heading? I'm I'm suggesting we drop one through four and just reference that access is determined by either the board of supervisors or the county engineer. as opposed to the zoning administrator not having to go through all these things because they're going to do they do that anyway. They're directing permits. There's no reason for us to but this doesn't mention uh I'm looking for the word easement. It's a three three private access. Okay, got it. But that's not up to the zoning administrator either. No. then let's get rid of it. That's basically his example. Exactly. We don't need it. It's It's just like if you can meet the environmental health, if you can meet the engineer access requirements, that's we're done. It's not us. It's not the zoning administrator. But there's access on the road anyway via private entrance. I I don't really care what it is. I just don't want you to have to regulate it. Nope. Because if you regulate it, then there's a chance for the board of adjustment to be asked to vary it. And that we don't want that. They're not they're not the county engineers. I'll work on that one. All right. Okay. We already reviewed the parking stop what we reviewed in March. I don't think there were any questions on that. Let's go down to the is the ADU in this

section? Yeah, we reviewed all this last time and that and that and there's the ADU. Okay, so the accessory dwelling unit um once it got adopted then we could we made some some revisions. Um, so it's sort of like what we did with the homebased business. We're referring to the Iowa code. We're referring to chapter six definitions for things that aren't in the Iowa code. Um, we're recommending that a person be allowed to build a maximum of one ADU. If you wanted to build more, you can allow that. Um, the Iowa code says you can set up a um a size limit of no more than 1,000 square ft or no larger than the single family residents already on the lot. So that's what we've suggested here under maximum size. Go to the next one. um development regulations. Um the ADU should meet the same regulations for single family residents in A1 or R1 in accordance with that Iowa code. Um and we'll so this number five residential restriction can come out because we just talked about that

with with Monica's information. buy we can drop five. Um the ADU permit application is mentioned in the Iowa code. So we're referencing that but we're also referencing chapter 3 which is where the zoning permits are. Um, uh, seven is one that I suggested to this. If someone goes in and builds the accessory unit before they build the single family residence, um, my thought is you need to plan out where you're going to put both of those. um ahead of time. You can start and build the ADU first, but you need to make sure you you've planned where the single family residences. And so these requirements for the zoning in the zoning permit section under chapter three will refer to the engineer, refer to the environmental health requirements. Um, can I go back on something that we didn't touch? And Becca, you're you're going to know why I'm going here as soon as we get here. Uh, like lot says define shall be permitted in any district. Uh, this is also being addressed in our subdivision ordinance. It it mentions the blind lots in that. Um, do you want to just reference the Do you want to just say C subdivision ordinance? What do you think, Becca? I would think um because right now we uh there's going to be some changes to that

subdivision ordinance. And I'm looking at 60 feet width going for that playwalk going, "Oh my gosh, that's huge." Um but anyway uh so we would we would um there I think there might be two choices. One is you leave the word flag lot the words flat flag lots and then as defined in regulated in the subdivision regulations or you take them out together. I would I'd say reference reference. Yeah. What's a flag? It's uh it's a lot that will have a long skinny black hole which is often times the driveway to the lot which is on like two acres. So it's Oh. Yeah. Yeah, I know. Okay, this is a simplified one. So, you have lot one coming in off the road. They got their little driveway here and then you have lot too. Okay, so they're basically going behind a lot. Another example is like that. Uh this is what pictures of this love one. I think we probably have a picture of section coming in. It looks like they flag their driveway or their access their easement or whatever. These are two different property owners their lot. Yeah. And then this is their access. They're not using an ement. They're using that that long skinny driveway. Yeah. I've seen that in town with like the little address thing pointing Yep.

So, well, now it has a name, doesn't it? Yeah. [Music] Flag 60 ft. That's right. That's right. It's a big flag. No kidding. the camping worldwide probably trying to get them to think that yeah zodia means to be spend most of their career looking at things from this you know this direction so we see all these shapes that when you drive by you don't see them and and mine comes back to the appraisal world so yeah okay good catch thank you all right so let's see um oh so this is a So, right now what we've done with the ADU is we've we've uh uh set up the regulations to be consistent with the Iowa code, but it's they're also pretty tight. The way it's recommended here, you go into one um it can't be any larger than the single family residence or thousand square feet. Um, we currently have these rules right now. Um, we currently we can't do this. There's not a way to build an accessory dwelling unit. Now, Monica just Monica just talked about building a second unit. So, say for inance you had a 2 acre lot. You had one whole building behind it. you want to put them all these rules you're saying we couldn't do the third. Is that right? Um maybe we should maybe we should look at instead of developmental regulations maybe we should look at um the environmental health regulations. So I'm not sure if I'm answering the

question Brian but I'm trying to work my way there. So thank you. I got my house and I have an attached garage. Well, I'm going to put up a barn for my horses over here. That would be two accessory dwelling units, right? No, those are accessory buildings. I'm sorry. The accessory dwelling is a second house like your granny cat. Yeah. Yep. Absolutely. So, so in this example, um, we have a a attached, so we build an attachment onto the single family home. That's the accessory dwelling unit. That's where the dwelling dwelling part comes in. Correct. Is that just like if you put an addition on your own house or is that somebody else's that's attached but it's separate and somebody else is living in there? It's a It's You can put an addition on your house and then someone else can live there. Oh, okay. So, it doesn't cover just putting an addition on your house and you're still living in the house and that's a new part of the house. No, that would be an addition and as long as you meet your setbacks, fine. Okay. This this says now if you want to do that and that so yeah, so this lets you build sometimes they're called granny flats. or ADU is the what what we're using. The second example under Iowa code is um a detached ADU. So this could be this could be over your garage that's detached. You build an ADU over it or that whole little building is a house. Um the other thing that we um think would be logical is to let you build an internal one. An example would be your

basement gets converted to a a a secondary dwell accessory dwelling unit. It's no bigger than your house because it's in the basement or it's in the attic and it's internal. The law doesn't really talk about that example, but it seems like it would make sense as long as you met environmental health regulations. So, we kept this pretty tight, but if you want it to be more a little not quite as tight as we recommended, we're we're open to that. Do you want to can you Why would we allow them to fill the the ADU before their primary home? But they may never because the law says they can understand why quick and cheap one get that done while you build your big enough. That's what that's you build the small one and then live in it till you build the other one. They build some little thing. Well, I Yeah, I understand. You know, now they they may never build and and that's that's okay. Plans change, finances change, they decide they really love a teeny house and they don't want to build the big one. Doesn't matter. or it's still even though they built it as an accessory until that other residence is there, it still qualifies as a single family residence to many respects. So, we're we're talking we're not talking about, okay, I was a living residence, not technically like a garage or shop. Okay, so this just has to do with living quarters for humans. Yes. I think what happened is people were trying to do this and the and the

regulations weren't there and so they they got it the code change that allows them under basically the same kind of regulations as a single family home. Maybe a few a little bit less but um not more restrictive. Okay. Appraise your brain here. Uh so this is telling me if we're doing this uh uh attached ADU, this is telling me there's no access from the principal dwelling into this. Correct. I have no idea because it's I'm not this is the there's nothing in the definition is there that would say that it doesn't have its own access. Why do we care? It doesn't because to me I'm look Well, cuz to me I wouldn't be looking at it as an ADU. might be looking at as an addition if you have access. Yeah, it's just like I've been into I tell you what, the the language in the ADU has all kinds of stuff in it. You'd have to read through it because I don't have assessor brain. I don't know if it's assessor related stuff or not. Yeah. But you should look through it and see what you think. I I should because um basically they don't want to have it regulated very much. Well, to me, they're overregulating on some of that if that's the case. But yeah, I'm gonna Well, third time it will be the charm on this then. Come back with with another version here because you the county must adopt an ordinance to allow these. Yes. So, we were trying to keep it as close to the law as possible without being all over the place, but The law is all over the place with bunch of stuff that really only matters in cities. So, um, what is there anything after this?

I mean, the solar energy stuff we looked at last time, um, the wind energy, those are just definitions, not not rules. Yes, they're definitions that apply to so you know what you're talking about solar energy. Um sometimes it's easier to put them right there with the regulations and those are the regulations we looked at last time. There were any questions on those. Wind energy just refers to the ordinance. Keep going. And data processing refers as kind of a placeholder some future ordinance. So, uh, you're where you going? I'm just looking at this because we don't have an ordinance yet on seller. Yeah, that's why we looked at it before. This is This is everything except utility scale. Okay. So, go down a little bit further. Oops. Go down a little bit further. So specific provisions for utility scale solar energy generation reserved. Got it. You don't have an ordinance for it at this point. All right. This is just this is just the residential. Yeah. And then um it's not utility skin just because I saw this and going but yeah that's not utility either. that single use or that just that specific uh Right. Well, and we have them at farms and they're on the roof or they're on the building or they're on the ground, but that's okay. Yeah. It's not a utility scale. They're using it for their property. So, this is really just setting up

regulations for the ones on people's roofs or in their yards. So building monitor freestanding that are not utility scale all they're consumer scale. So every does everyone okay with that? I think that's the end of that chapter. We uh possibly call it a night. Yeah. But before you do that, I want to I want to um draw your attention to this chart, which I apologize. I just finished it today. What it was is to try to give you a visual of what we have done in terms of initial drafts, revised drafts, and final drafts. So, the column all the way over here on the right is what I have in a final draft form. And it and it's really um the it's chapter one general provisions, chapter 3 admin enforcement, chapter 4, board of adjustment, chapter five, filling with mission. uh where all the action is still occurring is chapter 2 which also relates back to chapter 6 and chapter 2 is the one that's full of all the districts all the supplemental rags and all these additional regulations we just talked about that being said there are two ways uh well I have two options there might be more one option is that We we take our take the next month to review what we didn't get to tonight and what we still need to get to

as your June meeting and not schedule a public hearing in June which was our original schedule mean July and then wait correct July and yeah exactly not scheduled in July like we planned. use the July meeting to get through the regulations of the districts. Some of which some regulations you've seen and some you really haven't yet. There's a couple that you really haven't set the hearing in August. The other option is to try to do it all in July, which I don't think is going to work. I don't really think it's fair to you and I don't think it's fair to the public. Yeah, we're not going to get it all done in July. So, I think trying to get it can't get past this chapter. This is this isn't this but this chapter too is a lot of information. Yeah, it's it's a lot of interrelated moving parts. So, I think what I'm hearing is you're okay if we take next month to continue to work through the ordinance, get it the way you want it, and then look at a hearing in July. In August, August. Shoot. Shoot. Shoot. I can't get off that. I'm sorry. Take the July meeting to work through it. And if you're done, then set your hearing in August. Okay. I'm good with that. Anybody else? And and I do want to just as a reminder because Laura was polite enough not to mention it. Our contract with her ends in August. Wow. And we'd be looking at extending uh the deadline. We're running out against it. The other thing that happens is Lori will be retired. Glee. No, she is not. She's

what? There was an executive change. Oh, heck no. So, oops. Lorie will be nice. She she already said if you see her at a meeting, tell her to go home. So, she's not planning to come. Um, so, but I feel very confident that Becca and I have a good understanding of where Lori's coming from. She's still going to be helping us through the July meeting and and and the the time frame after that so that we can get ready for August. Um, so I feel like the two of us can handle that. Um, because we still have some time with Lori and we're going to have another meeting with you to go over it the remaining information in a work session, which is the best way to do it. Smile, Becca. You got this. Even though truthfully, Becca and I only have like 14 more work days together between now and August 1st between the time she's taken off and I'm taking off. sounded way better before you said that. Yeah, I know. Laura, it's like, okay, I'm the buzz kill here. So, so don't you have any problem? I do have vacation in July and the day I come back is your hearing in July. Well, no. No, the day after. No, just a meeting. Just a work session. That's right. Um, okay. So, that's what And we'll work out the contract stuff. Our focus here is to get the job done and blur it out and say, "Oh, sorry. That's fine." No, I knew that wouldn't happen. It's like here's an addition that's to make sure you have what you so Okay, then that's what we'll do. Everything else that needs to be done. Thank you. Well, we won't get to the data mining. Not sure, you guys. I'm gonna have to

take that back to the I have I think I had that set up to where we were going to be done with this end July. Um I think that's where our moratorum went you guys next year. So I'm going to have to take this back to the Do you want me to take this back to the board of supervisors and ask for um an extension to the moratorium on data mining? Yes. Consensus says yes. Okay. I wouldn't ask them. Just tell what they can do to expire me. I I will ask them or request them. See, she's towards it than you are. Okay. All right. Well, I'm glad we ended on a on a on a church. Um, and just so you know, the seller ordinance too is um, we gave added December 31st date. Solar. Oh, solar. We just finished it here. Utility scale. Oh, utility scale. Solar and battery energy storage was all moratoriums until December 31st. for extension and that one. Well, how about I let that one ride and we'll move data mining on the next person. We'll do data mining in December 31st also. Yes. Because you'll be done with this in August. Do you know how long the wind took? Yes. I Oh, you don't have to tell me. Same.

Um well the difference with solar and wind is we are a a solar state and there are certain things within the state and also with the comprehensive plan the way it was written we are a solar friendly county. You wrote the comprehensive plan not me. Oh, okay. But that um that does talk about solar energy and uh that's why the regulations in here were pretty easy to do because the because they're consumer scale, there's support for that. the utility scale is that's that's a different ballgame. But I mean this I'm happy that we can get some solar in for the consumer here but the utility scale is just like once you get up to that level it's different even though I will have some okay I might come to a meeting. Sorry, we should just point. We're not taking public input from prior. Okay, thanks everyone. I appreciate it. Ask for a motion to adjourn. I'll next uh July 20th. That's like start 21st 21st. July 21st is a Monday. What was it? July. I probably won't be here. That will be the start of fair. Oh, okay. Yeah, July 21st. Yeah. So, unless you can move it to we have or if that's not enough. We wouldn't have I

won't be available and I'll be out of state and one of us won't be and I one of us won't be for the 28th. That's the following Monday. Oh, wait. That's your board of adjustment. Yeah, we have a board of adjustment. We can't do that. And we have two cases on that. As long um we're getting down to the nitty-gritty. Um I would, you know, I understand that you can't be here. Anyone that can be here, we're we're making some you guys rather are making some really important decisions right now. And uh I you know at least having five people here is really I think going to be important even though quorum's only four uh there's some important things you guys would be discussing uh in July and with the public hearing in August tenatively. What's the dates of the fair? I can't remember. It really starts on Sunday the 20th. goes all the way through to the the next Sunday. Next Sunday. Okay. Yeah. On the 28th it would not work as a support of adjustment meeting. So you'd have to move that the 29th or 30 minutes. I don't know. No, that won't it doesn't make any I would be here then. Oh. Well, all righty then. And probably and I might be able to call that and I could listen to some of it or something. Yes. Zoom in or zoom in. So, we have a motion and a second. Yes, we do. All in favor? All right. Good job, Mr.