Zoning Commission - Regular Meeting

You ready? Yes. Okay, we'll follow me in order. Want to do roll call welcome. Brian Venma here. Christine Fob here. Monica Mchugh here. Amarita Key here. Sandra Gerlock here. Tom Stewart yes. Mike Burke here. So, I'll have the uh approval of the minutes from the August the 18th meeting. I'll move to approve. Second. All in favor? I. Anybody opposed?

Uh do we have anything from the public? If we have anybody on at all, you're not sure. Oh,

two before the

uh as for approval of the of the agenda. I'll make a motion to go approve the agenda. Is there a second? A second. All in favor? We opposed. Okay. We don't have anybody from the public speaking. Right. Go right to the U building ordinance with Laura. So, do you need to do a motion to open it as a public? Uh, I think we do. Yeah.

Should I do that? I'll move that we open the hearing to a public hearing. A second. All in favor say I. Are you opposed? Okay. Wow. So, we're so glad we were able to give you a break on September. You have done a wonderful job getting us to this point along with a wind energy ordinance. I don't know how you did it. I'm not so crazy. So I my hands on the table. Yeah.

Okay. And we Yes. And even more here. So and thank you for your help. Yes. Most thank you.

Welcome. So what I what I put together here is a update in my PowerPoint format so that we can kind of walk through this at any point. You can go into the details and kind of put this. So when it was up on the website that people could get a general idea of what might be happening here. So this is actually a case for the commission. It's a text amendment in which you're amending the entire ordinance. giving it an update. And the the reasons we're doing that is are these three bullets that are here. We want to make sure it's compatible with the county's vision, goals, and objectives. We want to make sure it is in sync with Iowa code and the Iowa administrative code. And we also um I'm happy to say it's based on these third gen county staff this commission and the board of adjustment from residents in Jackson County and other interested people that we contacted. So I'll do this presentation can take public input um and then we had set we have set some rules for public input and that's I think it's the last slide right? So for for just to remind folks what is that zoning ordinance? It's about organizing and and managing your land use depends. Um it's really designed in Jackson County to also protect land for agriculture. So we have the we have the zoning districts that you know about. They are um a way we organize property in those areas. what can go there, what kinds of buildings there can be, what kinds of setbacks there need to be for property lines and depending on the uses, parking

and signs. Iowa code exempts farmland which includes farmed houses, farm buildings, and a plethora of things that we have included in the definition by referencing half a dozen sections of Iowa code. However, there are still reasons why we need to um help our our folks with improvements on their farms. If there's anything going in a flood plane, the flood plane management ordinance um is used and then so is the zoning. The ordinance also has two parts. one gets a lot of attention, which is the text that we've been updating, but there's also an official zone. So, I'm sure you can probably add to this list, but this are a few things that Beck and I have found over and with Lor's help over the course of updating. Our current ordinance is loosely organized. It's difficult to understand. Our customers and their attorneys can't understand it. And we have difficulty as well. It's inconsistent. There's gaps. Um the tables are confusing at best and out of whack at worst. There's there's no illustrations to help out understand any of the regulations. One of the big things that we um also identified was we have subdivisions that will bring it before zoning and we don't really do much to accommodate them and we also have some conflicts with Iowa code because the law has changed since this ordinance was adopted. So the goals are we want this to be user friendly. We want it to be a better organized format.

We wanted to address concerns that have come up over time for the uses and regulations. We want to add a lot of graphics and tables. We edit more definitions so people understand what we're talking about. And we created those regulations for those older subdivisions and reference style codes that will really tighten up this ordinance and a much better tool for everyone. So just to just to go back over a few other things, the land use policy which is um which was adopted in re adopted in 2022 talks about goals for quality of life and natural and cultural resources making sure there's a adequate desirable level of facilities and services. and really is looking for compact development in our cities or along highways in keeping with um preservation of agricultural land. So the comprehensive plan that you worked on and adopted in 2024 references that Angie's policy also acknowledges that the county has needs to work with the cities to coordinate help them coordinate for their best development preserve and protect viable land for agriculture but also preserve and protect our parks, our open spaces and the natural and cultural resources of Jackson County. In terms of how we organize the update, we now have six chapters instead of three. We have separate chapters for the board of adjustment. The zoning commission has their own chapter. We also have um divided out the district regulations from administration and enforcement and the definitions are

separated as well. the general provisions are basically to provide uh context for the for the ordinance itself. So that was part of the update, but we also try to use it to kind of explain the overall purpose and format of the ordinance. In addition, this is where we begin to use references to Jackson County codes and Iowa codes so that the ordinance can stay current as those are amended over time. and our our friends in the official zoning map that we don't really spend a lot of time with, but Becca does. So, this is the online version and the um area in white is the A1 zone. And so, you can see a tremendous amount of the county is in that agricultural A1 zone. And so that's why um we were we spent most we spent the most time on that district than any of the others trying to make sure that we had it right with this purpose. So, chapter 2 has a section that now becomes a step-by-step review for moving through any inquiry. in the setup so that you can as the administrator explain or as a attorney or or any kind of agent for an applicant help them understand the ordinance because we've provided this extended chapter 2 or section 2.1 with information about the districts. So we have a lot of tables in here, a lot of illustrations The other thing we did was we had the the concept of bigger general general use categories that were they

would encompass a list of uses. For example, um generally general retail all sorts of uh businesses that were individually listed. Um, this is a good way to let the ordinance be flexible as things change over time. In my lifetime, I had to write in certain businesses that now don't even exist because of technology. So, this avoids that. This makes it much easier for the administrator to help somebody get to yes with their project. Other big change was uh Lori really debated on this but finally decided we really should name our special exceptions conditional uses. This is a trend that cities and counties are using and it really I think better reflects that they are subject to conditions before they can be granted a permit. We also created matrices of uses and structures organized by the zoning district and parking regulations. This is a way to that um it keeps the zoning admin administrator saying when somebody says what districts can I put my XYZ business in in there look it up what's my parking look it up. So the other thing we did related to parking and development was we moved everything into one place. We pulled things out of um other sections and even the definitions. Um and we kept some things that we're thinking might go over in the subdivision ordinance that this the area with requirements for flags lots aren't even listed in the subdivision ordinance. So we just moved it in here with everything else. And again, we're striving for that consistency, the final approval of a lot of references

and then adding illustrations. So, the zoning ordinance, we had a template for the outline for the home ordinance, but also then one for our districts. And so this template came about as we began to look at, pulling out the um temporary uses into their own um putting extended development regulations in referencing signs and parking somewhere else, but having them as part of that template. We didn't change any of the district names, so they're all the same, but they're um they're now in this new template. I mentioned those general land use categories. Um the one one that came about as I was working through the conditional use permits was a badge plan. Becca and I were on a call trying to figure out why we could allow concrete badge plants and not asphalt badge plants when we were already allowing asphalt batch plants and have been. So let's just call them batch plants asphalt concrete whatever else might be coming in the future and they really act the same. They're a big business. They're a big building and an operation and they it doesn't matter if they're making asphalt or concrete in the end. They're just a batch plant. So that is something you didn't talk about but it was driving us crazy that that wasn't it wasn't there. So we would really appreciate having it there. And so that's an example of some of these other ones are the same. and you just larger grouping so you're it's not so so much a finicky list and you can't get somebody's uh new idea to fit. The other thing I I was um really happy we were

able to do with Lori and back was we were adding um uses that support the comprehensive plan like adult and child care. we expand um uses that accommodate new things that you've worked on. The wind energy conversion, the data processing that's come forward, but also some other areas where there are existing uses or they're required by Iowa code like logging businesses that are referenced or family homes that are required to to be treated as single family homes under the code. So I think that that also is good that we were able to add those new categories to stay in line with the comprehensive plan and with Iowa code. So something we did for all the districts was each one of them references policy not just the A1 they also reference county codes and Iowa codes. Um, many of the tables will refer to other ordinances and when we can get a hyperlink in there, people can move about this online ordinance pretty easily. We already talked about conditional uses replace special exceptions. Temporary uses were pulled out to their own section and these are now staff approval as it were close to the board on adjustment. Um the development regulations were revised extensively as in we added them for just about everything that wasn't a principal use because you have to figure out sendbacks for accessory uses and conditional uses and temporary uses. So [snorts] that was done and then we also had good input from our our county health administrator and our county engineer and they have included some suggestions for our development regulations. Did you see that? I already mentioned we consolidated

signs. We also consolidate conditional uses all into one section to avoid repetition. And then big plus for folks, I've just got a lineup of people waiting for this alternative regulations for the older son divisions in A1 and I1. Section 2.8. We kept a lot of the information there. We decided that looking at the visibility at intersections, we actually had regulations that didn't really reflect reality and the county engineer is already in charge of that. So, we reference their policy and they were fine with that. We have a new item um that we haven't talked about. I'm going to come back to it on burial sites. the accessory dwelling units and the homebased businesses were strictly Iowa code updates and we'll work those out and then we spent some time on fences in our last meeting. This is really about guidance. You have one line, one or two sentences in your code now about fences and it's there's not really any guidance. So I'll pause and go back to the Should we go back? Oh, is this the various Oh, perfect. I see. So, Becca and I tacked this and really Becca came up with the regulations. Um, she used u the policy that was adopted by the county board in 1999 for the protection of burial sites and now identification of potential mound areas as a basis for this. And then worked with the office of the state archaeologist to come up with um this new section. So you can this is this is brand new. We did not have a chance to review this with you at your

previous hearing because we're still working on it. In the blue box are the Iowa code sections that refer to burial sites. And the last bullet there is the county resolution number and and the two major points of what it does. So what we had is we had state law telling us what we couldn't do. We had a county resolution saying we need to help people. But then we really didn't have a process. So, Becca were working with the state came up with this screening process for development permits for the flood plane for subdivisions for conditional uses and then reszonings would be reviewed against an official mound potential map, which we've had since 1999, but it's um not really. It's this is kind of a stepchild that got ignored or orphaned. So that that map tells us on a section basis where there might be pots and that is what the off state arches also uses on their island maps as a section. The reason is that burial sites are not allowed to be um made public information. Um and so to be in line with that state, oh we're using the section as the way to find. One of the things we have been able to do though is with the help of our GIS folks is we've actually been able to try and even find uh fine-tune that. But that layer can't be released to the public. that office gallerist says Becker can use it. Maybe some other staff can use it, but for the public

purpose, um, a person's project, if it shows up for, let's just take a subdivision because we have this happening. A subdivision shows up, it's in this potential bound area. So what we do is as the administrator Becca will say according to our map there's a potential that you could have burial hounds on your site. There are laws about what happens if you find burial sites what you can and cannot do. This is what they are. We have a person or an office at the office of state archaeologist specifically work with us on this. They will be your guide through the office of state archaeologist on what you need to do. Um Becca also would notify if there's any other county staff that might be involved. Notify the county historic preservation commission is there part of that resolution uh from 1999 and then document that the notice was given. The idea here is that we have a process. We tell someone what is what we have found but we are not the authority office of the state archaeologist. They may not know. It may actually mean somebody has to come out who is a a trained archaeologist and review the site. But what what we have added here is a process that's been missing since 1999. We had laws that said we have to do it. We had a resolution that said we'd help and now we have a proposed process that will let us get this accomplished. So I have a question.

Sure. Do we have burial mounds in the county that have been identified? Well, I know that there are there are known archaeological sites. I'm not sure which ones are mounds or not. My guess is it's it's likely that we do. Okay. Um, but there are very known saints. Land owners aren't informed. I mean, you might have something that they suspect is bare on your place, but you wouldn't they wouldn't tell you. If you work with the office of the state archaeologist, I think there's a way to do that if you're the property owner. Do you remember? But it isn't a matter of course.

Well, we what we don't want to what we can't do is we can't put it into a staff report or or or hand it out to anyone else. Yeah. Well, if you got I mean the it we say there that where there's a potential mound, they notify the applicant, right? So, is the applicant going to stay quiet about that? Probably not if one's found. So, well, well, we hope not because there's criminal penalties.

That's the That's the thing here. This isn't a civil violation. These are criminal penalties if you disturb area. No, no, I I I know that. I'm sure they know that. But I mean, this the state and the county are not allowed to release it to the public, but the land owner can release it to the public. I don't think so. I think these laws they're the laws imply everyone. Is this just to keep people from interfering with the site? Yeah. Yes. How do you do that? If you're going to sell your property, you need exposures that have to be

you might not ever even know it's there if you don't go digging every day. So the answer the answer that's why everything goes to the office of state archaeologist what I know the answer I don't know the answer but they know the answer the because it says notify the applicant of their obligations under the law so the state has obviously told them that hey there's a burial mount here

no possibly here's the state law in the blue box they have these O off state archaeologist said these are the four laws that constitute Iowa burial laws that we think you need to make sure people know where they are and they can read them.

Right. If but if you've got a project where you think that there could be something and you disturb it or if you know you come across it by accident because that's how most of them are found. The state comes in says yes this is a burial mound. they notify the applicant, but if that applicant goes to sell the property, there has to be a real estate disclosure and that's not up to us. No, I know that the good news is we don't have to do we do not have to deal with that.

Right. The way the way I understand it, and I don't remember where I heard this years ago, is there are mounds that have been identified, but they're all over by the river, you know, Yeah. which makes sense, right? And but there are sites that are potential, you know, that if you know that they would, like you were saying, if something's going to happen, then they'll come out and they'll inspect just in case. But yes, there are sites that have been identified.

Correct. Yeah. And and the city archaeologist office can tell that property owner where they are. Though they can do that. Um we can't we can't tell them where they are.

No. And most cases we can't we don't know where they are. So the the idea here was that we are carrying out the county policy in that resolution. We're providing a screening process that gets people um information that there could be something there. We get then it gets them to the right state the office to find out what what is there what could be there how do they deal with it how do they figure it out and it does not require any of us to become archaeology

well it's or or but but it's very important because the last two bullets deal with criminal penalties I don't want any of our applicants to facing criminal penalties and neither did Becca. So, we're trying to this is a way for us to try to make sure that they understand that that these are this is what the code is saying and here's people who can help you. So, that first bullet point under where am potential is indicated. So, they have a permit, they're getting ready in their break ground or whatever. if that's when they discover something. Are the obligations spelled out somewhere or they just spelled out in state law?

The obligations are in those Iowa codes. So So they have to go look [clears throat] at Yeah. Just like we've referenced all the other Iowa codes sections. Okay. We're referencing them because if we list them and then they change. That's where we got into trouble with other things. So the idea is that um

check before you break ground. I I did skip a really key part. F Becka has um looked at if you look at the very first bullet in the green section, all of these permits shall include a review of the official non potential map. I missed this part as part of the pre-application checklist. So, this isn't just the conference, the pre-application conference. that's on the checklist, the pre-application checklist for these four items that Becca's identified. And then she's also going to where she gets permits. So, kind of the way to think about this, these four are usually ones where somebody who's in business or doing a subdivision and the zoning departments tend to be little ordinary people. Well, not little, but you know what? They're not that they're little people. They're they're the ordinary homeowner and they're not building a subdivision and creating a business. They're just handing the deck. So, she's going to work with them as they're going as they're going along. So, a little more like she was telling you about what she did for people who come in and don't know how to use the computer or need some help. So, she's I think we've struck a good balance here. She's got these projects um where before they're getting their permit, before they're putting their shovel in the ground, like you said, Christine, they're Oh, whoa. You there was a checklist a month ahead of time, whatever. Oh, yeah. I did check that. Everything is okay. So, I can keep going. I don't know if you want to add anything to this, too. That's

Yeah, very interesting. 19 days, but this is also a time management issue for Becca. So, this was she structured this as um knowing what her workload is going to be. Um so, making sure these bigger projects get something on the checklist before they get started, but then also being sure to check on the smaller projects as they come in. Um and work work through that. kind of more of a a holding the hand of the applicant process, balancing out the the differences in that you can have with the customer sometimes and some more familiar, some less familiar with how to do things.

Yeah. And timing coordination, that's a big thing since we're coordinating with a office of the state archaeologist. Um, our contact there, she's also a professor, so she only has so much time that she can be out in the field. So she can only go inspect some of these potential areas every time. Any other questions on this one? Section 2.9 application of district regulations was really short but it's not anymore because um back thought it would be better to put all the sign regulations together add a lot more illustrations and definitions and tables and we did that um we also decided we do that with the conditional uses and structures because those conditions were repetitious ious. Um, and sometimes what meant what that meant is it would say something in one district and not quite the same in another. So now we can be a little more consistent. Um, one of the things we talked about when we did look at signs was increasing the sign area from 100 to 200 square feet. The commission was in favor of that for the commercial and industrial districts and we want to make sure we point that out to supervisors.

Hey, isn't that sign the one up there at Otter Creek? Yes, it was and I learned that when we were that stuck with me. So, this this was a this was an illustration of of how to calculate sign height and area. It was perfect because it was a natural sign. The dimensions are all on there correctly. Um, and all you had before was sign. Oh, I decide for little brown and these from the application that they filled out. So,

but your current ordinance says I don't even think it has a definition for scient this some of these things epitomize why something. [clears throat] So, yes, a real life out there working

in [clears throat] Jackson County. in Jackson County section 210 nonconformities. We we did um more updating and changing. There were a lot of good things in this. What we tried to do is um structure it a little easier, organize it a little more for uh easier interpretation, a little more explanation, making sure we're consistent. um try and give some more guidance for things that come up, repairs, alterations. Oh, I got to reconstruct this. I'm not going to do this anymore. What now? What happens? I want to convert it to something else. All these things. Um and [clears throat] to update it, make it easier to understand. Chapter three, we had some really good [clears throat] really good discussions on um some I think some really nice ways for us to make sure we're doing a better job um and coordinating and um getting input so that things go smoothly and nobody's um having a what what do you mean I can't get my permit in this situation? So updating that we will coordinate with the inter agency within the county government but also it may include um the state like they have a DNR complaint or something like that and also trying to do this on a pre-application conference because we don't want people to find out about these things too far into the process that now they have a delay. It can cost more. It can take longer. it just keeps adding um cost that way. And so we really don't want to do that. We want to figure things out at the beginning. The administrative waiver is a way for

the zoning administrator to allow for tweaking setbacks. Not quite as far as the board of adjustment would allow through their public hearing process, but this has a set of criteria and a process if you remember that involves the neighbors in agreement. The idea was we take we're taking cases off the board of adjustments um for growing and still fostering property and then temporary use of permits. We, this was another idea of letting the zoning administrator handle these speeds up the process and again reduces case load for the board of adjustment. Speaking of the board of adjustment, there are three powers and duties um are to review appeals, review special exceptions, and review variances. And for our updates, we've renamed the special exceptions to conditional uses. Iowa code created a new kind of variance, a dimensional variance that's been added. And this all these problems come up for Becca and they're just so she said, "What do I do about a conditional use permit extension?" And I said, "I have no idea. You're right. There's nothing in the ordinance." So we work through a process um in the board of adjustments this

and what this does is if it's something that is a it's a new project it's controversial it's unchanged for that something major you got to do a public hearing which is our current process by default but if it's something that's it's not a big deal um oh you know I had a 18month delay in getting my getting the materials I needed because they're special order and there was supply chain problems. Well, okay, that doesn't really need a neighborhood meeting and just let the neighbors know, hey, they got their sighting in, they're now going to be signing and finishing this project. That sort of thing, right? Those are kind of some of the cases.

Yeah. And then zoning commission has their own chapter like yay for all your hard work. So these are all the things you're doing without any rules or regulations to help you. And so this chapter really um tries to give that kind of setting for not only for commissioners who are on the commission but anyone who is thinking about being on it or wants to understand their role when they bringing their projects forward back. is a trend.

California. Chapter six, we've added over 200 definitions and cross references. Uh whenever possible, we've added references to the Iowa code and administrative code. I am in awe of how many things are defined by Iowa code. Lots of things. So, but the idea is thanks to uh yeah that things can get stay up to date. It's not the administrative code, it's administrative rules. I've seen it both ways and I see an abbreviated IA.

It's always an administrative rule except for when it says an Iowa administrative code. Half the webs half the state websites really. Oh yeah. Cuz I was I've been back and forth and back and forth because I was like is this another thing? What? It's like they need to go through theirs. It was very clear that the code was the law that the legislators wrote. It is administrative rules were how you interpret.

Yeah. the code, but now they use the acronym Iowa administrative code, IA, but it's not law or some of it is. It's not. Administrative rules are not law. No, it's not. What are they lumping it all in together now? Laws as well as Well, what we're doing is here's what here's what we do. The the rules tell you how to implement the law. Right.

Right. So, we are telling the applicants this is subject to Iowa code 335. And I'm making this up, but I have no idea if this right. And Iowa administrative code 6237-22 tells you how to implement it. Uh examples of Iowa administrative code in our definitions are child care center, child development home, um family home, um there's there's a bunch of them within um some industrial commercial processes that um we also have these referenced in our conditional use permits because um we had setbacks in 100 minutes from churches and schools and parks and in administrative rules for certain industrial uses those distances are set out. They may not be in the code. They may be administrative open. So I I was a little confused but I kept seeing that IA reference in Iowa administrative code. So that's what I've been using. And what this means is that if those rules change, just like if that code changes, our ordinance stays up to date. And there's also there there are ways for Becca to say, am I supposed to be doing something that they're not doing? Or maybe I can help them out what they're supposed to be doing. And so those are in there to help. But in my 30 years working with them,

they used to be the rules, but now they're now that shows up here and there and this IA shows up a lot. Yeah, it's on the Iowa legislature site. Mary just pulled it up. But yeah, when I was at the B helping to write those rules, it was never code. It was always rules. Yes, it is a little. It I agree it's different because I I made that I I made the same transition of what I was looking up. Yeah.

So, that's what I was using I [clears throat] Oh, and we I think we we talked about some of these other things on chapter six. Okay. So, how do we get through this? You have your public hearing which is now you have the opportunity to vote on the update which can mean you approve it with conditions or deny it. Please don't take three choice three and then it go then your recommendation goes to the board of supervisors and they'll set a public hearing date and then their process is very similar. They set their date. They hold their hearing. They vote on the update and then whatever whatever is adopted goes into effect in accordance with Iowa law. That's the general policies. So there's this hearing and then one more supervisors which could take three meetings if they choose to do that.

But we could we can vote tonight on it though. You are you are not subject to that. brief hearings. Okay. Yeah. Oh, yeah. You can here. So then um Oh, yeah.

We weren't we weren't sure how many people we would have who might come in or how they might come in. So, we put together information on the public input process of how we can take comments in writing, oral comments, Zoom questions and comments, but making sure that they're still at the forum of recognized, being recognized by the chair, stating your name and address for the record, and then proceed with questions and comments. And then the last bullet again is the choices you have for your recommendation. It looks like we have someone.

We do have someone. RJ Ro, do you have any comments?

No, Becca, I'm good. I'm just listening in. Thank you, though. Okay.

Nothing else. Motion to close the public hearing. And will we close the public hearing? I'll second that. All in favor say I. I. may oppose. Uh I guess our next business would be to decide if what we're going to do with all this work that has done

back. I don't know if this is worded correctly or not, but I would move that we approve this what do I call it? Draft or ordinance? Ordinance. And send it on to the supervisors. It it is a draft and it is an ordinance. So both are correct. Okay. I will second that.

Does anybody got any discussion on on that? If not, we'll um vote by um wanting the roll call probably. Okay. Brian Dava, yes. Christine F. Yes. Monica Miku. Yes. Amarita Keith. Yes. Sandra Gerlock. Yes. Stewart. Yes. B. Yes. They don't have to come back. [laughter]

We haven't yet. Yeah, we but not on this. Not on this. So, I think the next thing on our agenda is items. Anything from the commission at all? Other business not the next item is items from the staff for upcoming meetings or sedated business.

No and thank you but thanks for the new ordinance. Um and next meeting November 17th at 6 pm. Yeah. I I just said that to the way out you know. So um what do you have in mind for next window? Um we will have a resol and data center or work. Okay. So a work session a work session we will have a group session. I won't be here in person, but I will attempt to call in.

Any other business? And I'll entertain a motion to adjure. Also move. I'll second. All in favor say I. I. Anybody oppose? Where is yours? Thank you. Thank you. normally