Zoning Commission - Regular Meeting

Brian Venma here. Christine Bob here. Monica Mchugh here. And Marita Key may be joining us online. Sandra Gerlock here. Town. Yes. Mike Burke here. Okay. We'll have approval of the July 21 25 minutes. Everybody check us. Second. Okay. All in favor say I. Anybody opposed?

Yes. We have a public hearing, but we have nothing scheduled. Correct. Right. And do you have anything from items of the public? Uh, since there's nobody here, do you have anything on Zoom? Nin is present on Zoom. Do you have anything, N? Oh, just listening.

Okay, so we'll move on to Laura.

Thank you for being here. So this is the the outline for this what I hope will be your final work session so we can move on to a public hearing next level. So, Becca and I have have arranged this in a set of uh recommendations which the first several I would say maybe the first three are pretty simple, straightforward. We think um we're also trying a new format. We're using less of the red line. um although it is in some of the packets as a backup trying to try out some new ways to do things when we get to the public hearing. So that being said, our first amendment is one for chapter 4 or the board of adjustment. And this is something that Becca initiated because we've had a couple of two or three cases where um the special exception which is if we're proposing be called this conditionary use had a specific time frame of board of adjustment and for various reasons people haven't been able to get started on a house or a project where they're not finishing within a time frame. And so we did did talk about this. Uh Becca did some research and our recommendation is that right now in order to get an extension, you have to go through the whole process as if you were applying for it over again,

right? And there's a public hearing. So what we found is there's there's a recommendation here that that would be all well and good if it was kind of a major project or there were some issues. But for things that are pretty straightforward on the person's making progress or supply issues or an illness or accident, something like that has delayed them and but they're really still going to be able to make the project move forward. the core of engineers. Waiting for a core of engineers happen.

Yes, absolutely. That's another one. Something beyond the person's control like that. And so we're we're trying to again try and use an administrative outlet to shorten things up like we've recommended for other things, right? And so that's what we're we're looking at. Have you talked to the board of adjustment? Are they okay with that? We have not because their meeting is next week. Okay. But if we will Yeah.

Okay. So, what this does is it would um mean less cases coming to them. Um and when these cases came, how did that when those two extensions came, they approved them? Um, one's is actually not won't be until next month for the hearing and then and then one we have last one and it was fine to grant them year extension and they had contractor issues. I I'd be okay with it as long as the board of adjustment is okay with it. That sounds fair because I think they should really have a say

in Absolutely. And we have been keeping them apprised of um sections of the ordinance in particular that are their their rules and regulations that they use. Would be happy to do that. And that's that's what we had for the first one. So we'll um we'll be back next month and we'll know what the board thinks about that one. Um her mind No, that sounds great.

That's fine. we can just take that as an advisement over to them to that's what we did last night chapter 4 which is their chapter um chapter 3 um when we were looking through chapter 2 there's some regulations in sections 2.8 8 2.9 um this one in particular I felt really seemed to make more sense to be brought into chapter 3. The idea here is um that the the zoning ordinance doesn't stand alone. Review should be done in awareness and compliance with other county ordinances that may be appropriate and state and federal regulations. And so the idea is to bring that language into chapter 3 and broaden from just a few county references to include references to Iowa code and um federal code without necessarily listing them all but just in general. Um just as a what I'm what I'm trying to create here is as you're working through it as an administrator or an attorney representing a client, this is a guide. things that the administrator's going to go through or things that your uh client is going to need to or you as the admin need to think about. So basically moved the language from chapter 2 and then moved it into chapter three kind of in a in this in the uh procedural section where it seemed to make it was a good fit and then broke it up in here Jackson County and then philosophical the next page and then the state of Iowa

and the federal government and I was able to find links that send you into Iowa code or Iowa administrative code which are sets of rules that the agencies and departments use and even one for federal regulations. So um this remains more timeless uh it's something that those laws may change. We haven't cited them directly, but we directed you directed the administrator. Oh, here's a place where I can go and check on that. So, we don't have to change it in ours. We just Hey, they change it in their hyperlink and that's exactly that's good.

Thank you. Thank you. Thank you, Sandra, for asking that question. And I'm finding out that yeah, when we when we site these things just even specifically and then they get revised, your ordinance stays applied stays consistent. So that this is again this is trying to make sure there's enough context and guidance in this ordinance that interpretation is consistent and and and really takes into consideration lots of things that could be in play or might not but you check them anyway. So, Becca, if you have anything you want to add on these. So, any questions on that one? Is that sound right? Great.

Okay. So, this next one is actually part of our outreach to other departments that's been going on as we've been developing this, especially um not only with the county attorney's office, but Becca and Lori have done a lot of contact and conversation with the county engineer and with county health department about how these regulations interact with theirs. So for the development regulations, these are the charts that are in each of the districts that talk about minimum lot area, minimum lot width, setbacks from front, rear, sideyards, building height, that type of thing. There are a set of notes in there in the current ordinance. number one that you see there, note one in that first paragraph under discussion, that's the wording that's in the ordinance now. And the health department and staff asked if we could add the language that's shown in red because what this does is here we're talking about making sure there's enough area in the lot to u be able to have adequate sewage facilities. and she suggested we also mention that there are Iowa administrative codes, 69 for private sewage, 49 for private wells. That would be a good reference and so we're recommending that. Um the second item, the county engineer, this was something that Lori Rowling had sent you before she retired. There's um some concern about when there are buildings closer to the road and the road is redesigned to be paved, there could be acquisition

um or right of way and that could include structures. And so the county engineer felt a 30foot setback along public roadways might be appropriate. So here's my question on that. Typically on road ride rightway the rideway extends 33 ft from center of road line. Yes, that's my understanding.

So the 30foot setback is that where is that from? because that is not clear to me because when you're looking at the rightway, it's 33 foot from center line. The right away is the property line. We're measuring SEX. So, it's 30 foot from the property line. So, it's like that'd be like 60 ft. Okay. That that was my that was my concern was do we have this wording correct

so that it would be far enough back to make sure that we hit the rightway. Right now we do a when we do the seex we measure it from the rightway line. The rideway is an easement. We measured from that roadway easement line that so your total would be the 33 foot from the center line plus the other 30. Okay. That that's what I I that's what I want wanted to clarify because when I read that before it was like okay. Yep. Yeah. Yeah. Technically you Yeah. Technically you do but it's so anyway we we understand. Yes.

Yes. And that might be another illustration. Um so one of the one of the things that um we also discussed though is we have properties that were planted before we had zoning. And um so we're we're we're doing a balancing act with them and we have alternative regulations. So, one of the things we looked at is the engineer says there are no future plans right now to pave any new roadways. So, we thought, well, this probably should be done on a case-byase basis. And that way, the engineer can look at the property when it comes in. It comes in through an online permit system. Now, everything that Becca gets, she showed me, it goes to the engineer, goes to the health department, it goes to whatever departments are supposed to look at it, this would be the time for the engineer then to say, "Oh, yeah, that property is on a planned improvement that we're going to need do a different setback." So, this is one of those again, this is a a note that helps us remember, you know, check with the engineer. all we always do that but in some cases there might be something special they need they might be recommending. So, in answer to uh Nin's question, we actually do have that defined in the definition section and we also um actually have some information coming up in um one of the uh one of the amendments we're showing where we're going to address that and I think that's pretty much what we do say. Um so, thank you for that. Yeah. The other thing we noted was that we had a current five yard 5 foot setback for rear yard that

wasn't wasn't included and so we added that. So if we we can go to the clean version. Um this is this is what those tables look like. And then as you get down through all the different types of uses, the references to the notes are then to these notes here. And so this this is the clean version showing adding those two IO administrative code references in one and adding the need of note seven about the 30 foot setback. And so what what we have here is just the uh A1. So here's the example I mentioned. We have alternative development regulations proposed for those buildings planned before we had zoning. And so their setbacks are much smaller. But again, as Becca scrolls through it, even for the alternative versus standard, the notes follow the same. They there's one through seven there again. And so we would do this for all the for all the districts. They're going to look the same. So we didn't bother to give you all of them. They're going to this would all this would be consistent for all the districts. And we found that that input from the engineering department and health department made sense. And doing it that way is case by case. And then just for a quick look, the red line version shows you that we just made a few just a just a few little changes. But again, sometimes these these little tweaks were able to do here are going to make it easy for easier for the administration in this new ordinance. There any question other questions or

comments about that? See what's next? Okay. So, um, fences, uh, the regulations for your fences are pretty brief, but we were asked to look at establishing regulations in general for fences and specifically for the RO1 district. And so, that's what we've worked on. Uh Iowa code provides for um what are called partition fences which are fences along property lines and there's a whole bunch of regulations that deal with that. Just for a refresher this page can scoot no sorry I always use this. Yeah. So here's where fences are mentioned. We don't worry about them on farms. They're they're exempt. Right now in R1, this is really your that's your regulation there. Hedges and fences in front yards, four feet, six yards, side or rear yard. And then there's references about fences for auto ricking and junkyards. And then pretty critical one is this visibility of the intersections. Um, and this is this is actually language that we proposed to be that's proposed for revision to meet the engineers. So there's not a lot about fences in here. So when you don't have a lot, um, you start creating some things. So for this section, this would be in section 2.8 8 or we have other types of

regulations like this. The definitions are for fences and hedges. These are the the reason is that there is the Iowa code for fences talks about fences but also talks about hedges and so does your current boat. So things that we are addressing here is the visibility at intersections and entrances, placing placement on right ofway, placement on access and utility easements and then the partition fences are regulated under Iowa code 359A. And this is where township officials would come in. Um we also talk here about I can't put a survey. it might be needed if you're going to build on a boundary line or an access ement. Um, it's since we're regulating height, it's a good idea to explain to people how we're measuring that. And so we have a description and then we have a diagram. Um, some of the other things we want to make sure happens is that fences are maintained. There's any damage to budding property during installation. It's it's worked out. Barb wire isn't really good idea in R1. And electrical fence, if it's used, we'd really like to have a notice on it.

What do you mean I can't put an electric fence in my residential area? You you could I suppose hey I'm not familiar with Iowa fence law and I'm reading this so if if my neighbor decides he wants to put up I live in town and he wants to build a fence I have to participate the town doesn't count doesn't count

it in typically what happens in cities is um cities tend to people tend to follow the city origins Not so much the Iowa code, but that even though the Iowa code I think is an effect I've read through some dissertations on this, it is definitely in effect for counties. Okay. Is that what that means though? So the right hand and the left hand rule. So the right hand rule is the country

which yes, but if you got res residential in the country thought this was in town. Are you are you within a incorporated city to me? No. I'm just curious about this technically. Yes. But the the city ordinance usually takes over where the city. It depends on what cities are. It it depends on which city you live in. So in what how does this apply? It probably doesn't apply because we're dealing with unincorporated areas only. Oh, I'm sorry. I missed that.

Oh, that's okay. It's if there's a community that has zoning, that's that's what you follow. If there's a community, I just missed that zoning, then it doesn't have zoning code. Yeah, I got Okay. I'm sorry. Then you're out of you don't have to follow anything because this ordinance does not go into a city that doesn't have zoning. Right. Okay. only unincorporated areas. The county does not want to be regulating cities. So that's how it's written and was kept in that.

Miss, no problem. So where Lori wanted to to really have some more guidance is in R1, which is where fences seem to be something that's can be problematic or come in more often with requirements. And so we've used that same language for current height and setback and added in by the way you can't don't impact you cannot impact the visibility at intersections and entrances. We created a diagram to kind of give uh people a sense of basically 4 foot in the front yard. Well, where's that? Where's the front of the house? Okay. What about the side yard? 6 foot. rear yard six foot six foot and then partition fences on adjoining property that reference back to that Iowa code. So, a couple things we're we're doing here, which is what we've been trying to do throughout the ordinance, is to provide four waiverss. Um, if a property has some slope to it, there's a way for the zoning administrator to wave the the height to account for that slope. And the diagram that's on the next page kind of helps you see use street grade. If the property slopes down, then you can kind of give it an effective height.

Let it even though the the overall height might be taller. sometimes. Yeah. So, for fence permits, um on you uh we we think we have fence permits. I'm not sure I ever got a clear answer on that. I So, so the um if you if you scroll back Yep. Can do that on on the electric fence.

So, right there on 11 I along with many other of my neighbors have a lot of electric fences. We do not post any notices about electric fences or their current A1 is exam right provided but if it's a if it's provided adequate notices oh this is exact okay or posted to warn the public of any kind I might be reading that wrong we can take it out we can take it out we can just stop it at the agricultural district because it can

I I think you should because I'm reading this wrong. No, and I have we have some problem neighbors. No, we'll stop it right there. And you know, it actually is confusing, which I think it should be because we don't have this and I can see them taking us to court for that. No, that's fine. And if it's agriculture and farm use, we have it anyway. I think I think we should just stop it there and leave it in the agriculture section. Yeah. Yeah. Yeah. Actually, that sentence confuses things so I've already crossed it out. Okay, good. Yeah. Thank you for catching that.

Yeah. So, I I have one question before we leave this part. Sure. So, say you somebody's got a twoacre parcel out in the country and they're are one and a neighbor's egg. Can you have electric fence between them? A barb wire? Mhm. Okay. On the act property. Yep. [Music] Okay. For the farm exempt use.

Yeah. That's why I I don't think that there I really I think Yeah. I think we should just leave it at that because we aren't allowed to regulate farm exempt uses including farm fences. They're allowed, right? And so they could be electrical. The other thing we can do is we can remove barb wire. We can remove electrical and not worry about those two things at all. That might be better. Easier. We like easy. It's not but then at number nine damage.

That's okay. I just think that would be better. I just That's great. We'll do that. Um see we were you don't you don't have other questions. We wanted to talk about how we wanted to handle the permits. So we we do have a fence permit but I think what we use is a zoning permit or accessory use form or something along those lines. Um for us we're just going to call it a fence permit right now. This is how we're trying to explain it to people. So, and if you're in an R1 district, we would like you to submit a permit. There's no fee if the fences are compliant. Um, the idea is really to help people understand, particularly in residential, particularly in R1, make sure they know where their property lines are and make sure they know how to we're helping them understand how high it can be and which areas of the of their property. Um, so we would still want them to go through the permitting process, but we wouldn't charge a fee. I think you're going to have difficulties with this to begin with in R1 in the country. Um I don't think we've ever asked for a fence permit before.

No, we use an accessory use permit apparently and that's the permit that's used. But how many people have actually asked for an accessory permit for a fence? um that in the year that I've been here I can think of two yeah what happens if they don't ask for a permit they just put it up is there any repercussion and then if their neighbor turns them in if it's compliant and their neighbor turns them in there won't be any repercussion if it's as long as it's compliant if it's not then they got to change it but this helps them make it compliant

yeah no I get it I'm just asking So if it's compliant and they don't have a permit, it doesn't matter. Yeah. Really? Because the permit doesn't cost anything, right? So then why we have a problem? Yeah. That Yeah. So to avoid disputes that take us a heck of a lot more time and if they require us to go to the board of adjustment or to court, it suck. Those are huge commitments of time on the part of the administrator. Okay. So how many have we had where we've had disputes in R1 ones in the county? Didn't I didn't research this one? Not

I I'm playing devil's advocate this year. If you've got if you've got, you know, some of these residential, you know, areas out there, the R1's. Here's my question on that. So, I'm trying to think of the what they call the one like north of Belleview. Is there a covenant in that area about fencing? Doesn't matter. It's not up to us to enforce them or be aware.

Well, this is what I'm getting at. This is what I'm getting at. So, is this My concern is is this a really big problem? If it's not well it was presented to us that it was however so my we have a new administrator so right so sit back and talk my question is on this is this really is this really an issue I don't know and so I am I'm going to play devil's advocate how many complaints have we had

um let's just do you do Do you see this as being helpful? In the last year that I've been here, there's been zero complaints. There's been two permits that I can think of. One went to the board of adjustment because it was going to be taller than the six foot due to neighbor issues. So fences really aren't much of a me playing gun advocate to you is what's it hurt to have it in there? I mean, what do you why do even why do we want even have it in?

Well, so is it so that if somebody's going to put a fence up, something to point at, they can look it up and see they they Yeah, they by law if they're if they're made aware they need a permit, then they also have access then to the requirements and they know, you know, what to do. So they don't neighbor if your neighbor has an 8 foot fence in the front of this house. Those would be the comp and so this is this is my point. It's on their property. Why do you care what I'm doing with my property?

Well, as soon as they think it's on their property, but it's really not, then we'll hear from them. However, I again I have nothing better than the spending permit. I know that. And I just I just I just blame the other person about so did I why don't I asked write it up. So I did

but on my for me personally not not even having a permit is fine. You don't issue that many. If you drop this section out, you've got a drawing or several drawings that provide how to measure height, how to do it if it's on a grade, where to put it on your yard. And to me, the pictures will speak to people a little better or easier maybe than some of the writing here. I personally, I don't think the fence permit for R1 is needed. Essentially, it goes to the township trustee. Well, that I mean this is this is my point.

Why do we care? Not relevant. I don't I don't but I was asked to write it. So I did I go to trust as well. Well, if it's in the as long as it's not incorporated, it will go to trust. Yes. Yes. which are one areas like Spruce Creek, um, Rajor Lake that would go to the township trustees. So then if somebody brought it up, several of them with associations may deal with as an association and

yeah, yeah, I guess that'd be associations. They're sort of they're they're sort of like empires umpires on call. I see them as umpires on call. You can work it out. So if we didn't have that section, we would have we would have the drawings. We have the process if they need to do something different. The dimensional requirements. Um we now have a variance process for that. We also have an administrative waiver so you can edge your funds up a little bit without having to go to the board and you can work it out through this process with the zoning administrator.

But I mean that's my that's my other question. Why do we care that somebody has a 4ft fence in front of their house or six foot fence in front of their house? For some for some communities,

having a having a fence that's lower in the front yard makes for a better aesthetic in that in the particularly in the residential areas. It's really more about aesthetics and residential R1, especially lots that are close as opposed to a large fence 8 ft high in the front yard covering. Basically, the house is like a building behind a fence. This more aesthetics than anything else. Um, I didn't find anything really about law enforcement too much. more aesthetics. It is your current regulation.

Like I said, why do we care? The aesthetics was the main thing that came up when I was trying to find a an answer for it. And and that's that's my point. Are we obviously with junkyards, were concerned with aesthetics? Why is the zoning board concerned with a residential area of aesthetics if it's not jumpy? Because it's typically what is desired in most communities is that that fence in the front yard is not this big stocking fence 8 ft high.

Yeah. My my concern not so much for foot, but somebody would put up a taller than normal fence. So I'm going to disagree with you. I'm from leaving it in. If we were to send it to the township trustees, what would they use for grs to review that? If we take things out,

they would use Iowa code chapter 359A. Iowa code chapter 359A has information about what constitutes a lawful fence, what kinds of materials it can be, and that sort of thing. that placement of it on the property line um is something that we suggest that survey would be a good idea unless you know where your property line is because we've in my experience we've had a few p places where people put fences on their neighbor's property then have to remove them. So they just have to dig a little further to find that information then.

Yes. would potentially shallow out the money for a serving. Well, unless Monica moves to strife as I say move on. I I will I'll move the striker. And Becca, what do you feel about that? Do you want to have a permanent process or I I don't know. I'm totally torn on both of them. It is nice having those guidelines, but you motion. I'll second.

So, you still have a you still have the guidance, but the permit means you have contact with somebody and work through it. You're not charging them a fee. We are. Well, in here you figured out. only just one fee if their fence is really what this is is helping people put their fence in the right place at the right height so they there's not even a fee the way this is word if you want to change that we could certainly do that and there's the other thing too we charge them a fee that's they're not likely to fill out the form

well this I think we should expect Yeah, it's um currently we've been charging a fee, but you're not doing a lot of them, right? You're not getting a lot of complaints. 75, but the way I understand it now, it's going to be nothing as long as they're polite. Well, that's just the proposal. Yeah, that's what it's working which probably if we do that better because then we'll get more people which actually I think is what they're thinking. Yeah. Yeah. I would think which would give more to people so that they

Yeah. So they do it right in the first place. Great. Okay. And this is the way some of the communities I work with do it because they want people to think about where they put their fence because it's easy to put it on the wrong place. Oh, it's on a utility set or if they put up an 80 foot fence in their front yard and you say, "Well, nobody told me they couldn't, right? It's not in there that we can't." Well, and that if we have if we have a fee and then go through the process that says yes, you cannot put an angle defense in your front yard. Well, but most people don't that we we're not dealing with most people. There can be the one. Well, I I know that

talking about one. We haven't done one. Now, there could be one that actually does it. So, I mean, here's the here's the issue. We we really haven't I mean, is this something that we're regulating? I mean, why do we want to regulate somebody's fence? And I mean, do we really have, like I said, do we really have is this really a big issue case? Very well could be if you were the neighbor that had the neighbor right next door and then all of a sudden this this person puts an 8ft fence on their front yard. How is that going to make your property value?

Here's here's what I'll tell you. Here's what I'll tell you about my fencing experience in Jackson County. Oh, yeah. But you're you're egg.

I I I'm egg, but I we put in a complaint to the Jackson County supervisors because after they moved our road from a level B to a level C, the neighbor moved his fence into the middle of the rideway. Made a complaint. Obviously, prior to our current engineer, we had all three of the county supervisors come out, look at it, talk to the neighbor. County engineer was out there, too. They didn't make you move it. Guess what happened? Because he moved it, we had manure running across the road. Nobody would do anything and we spent thousands of dollars on sick cast. So, here's my point about the fencing is that the county hadn't done anything prior. Now, today they are working on that. And when we paid upgrade our road, the neighbor was forced to finally move the fence back. But like I said, we don't we don't monitor the rightway fences on every place any. And so my point is we haven't really pushed the issue in this county on fences and limits even with a or residential. So, we're putting something in here now.

Do we really need this? Well, for one thing, we can't we cannot do anything with farm fences there. No. And and I and I understand that with R1 and so that's what Borie asked for. So, but there's also state regulations in it. We already have some state regulations on what's there. There is a state code. I think it's chapter 318 that prohibits obstructions in the public rideway which is not a zoning regulation and the county engineer would enforce and I think we had it in here and he appreciated that we put it in here. He did.

Well, yeah, that we don't always do that but um Well, I can't speak to how this code gets enforced or how it was enforced in the past. do have in here is that you can't put your fence in the right. That brings up a couple pages, right? No, but what I'm getting at here is the state of Iowa already has regulations on R1 fences. Correct. No, they do not. Okay, that's what I'm that's what I'm getting at. Okay. No, I think it's obvious we'll move on. Partition fences, which are dividing property lines. That's where the township comes in,

right? So, if you have something in your front yard, it's not a it's not a partition fence. Oh, here's the diagram. Thanks. So, the partition fence is there between the owners on either side, but anything along the street, then we're then what we're wanting to make sure is they're not in the rightway. You're not

uh hindering visibility. And those are engineering department things that they they check on for us. But my question is, is there already something in Iowa law stating that they can't be put in the right way other than what we have here? Yeah. Chapter 318, right? Yep. And we have it in this code, too. We reference it and the engineer was really glad we did. He said it's important. Yeah. You don't get to build in the right way. obstructions in the rightway aren't allowed unless they've been approved by the DOT or the county engineer.

I will say I did get a call from somebody in the neighborhood um that is next to the old golf course. So they're Oh god, they're in That's a can of worms. They're in town and he was trying to figure out the Iowa fence law and how it pertained to him. and he was having trouble deciphering Makoka's fence regulations. So just even having something written down as guidelines,

I think that's a that's a really good point. We got into a discussion on this the other night. I I was talking to a city council and and that's a city council person and well and she said that is a mess out there. So, hey, even more reason to leave this in. Let's vote. Well, we certainly could see both points of view, but it is a up to you to give us direction. Yeah, let's let's vote. Yeah. So, all those in favor of Monica's motion saying I Hold on a second. Can we clarify what your motion was? Section 13.

Section 13. Okay. the whole way. Yes. The permanent part. Yes. Okay. Okay. It's to remove section 13. So, all in favor say I. I. I. I. All opposed. I split. No. Yeah. But see, okay. The way this works is because you didn't I This is parliamentary procedure. This is straight out of Robert's rules of order. If there's six of us, the president or the chairman can vote because it affects the outcome. A tie vote. You don't have the majority, you lose. Yeah, that's true.

That's true. Well, we need four out of Thank you, FFA. Good discussion. Um, mine was I learned most of it in FFA. So, the 4 was there, too. The rest of the information is um a nice summary of the Penn State University in case Christine you want to brush up on that. And then there's the red line. We can skip that. We could go on to the next to the next section.

Yep. One little sentence became four pages, didn't it, Becca? Okay. So, we've been talking about some of the things that we're going to be looking at in this section. Chapter chapter 2, section 2.8 is supplemental regulations. So, um we looked at these with the commission in March and in June. Um and Becca and I have been um looking at various resources including a webinar for zone administrators just last month on the accessory dwelling unit which is a new state law that is a little bit confusing. So, the sections we're we're looking at is are ones that we have looked at, but we're going to so we're going to point out where we made the updates. So, I think we're doing it we're going to do with a clean version. So, the visibility at intersections and entrances, we used to have a visibility triangle. We took that language out and we referenced Jackson County Secondary Roads Department entrance policy and we pulled a an image out of the Iowa DOT handbook that kind of gives you a sense of what the engineering office is looking at with a site triangle. This is this goes right back to them. Um, so the zoning administrator does not try to figure this out and we and you know Jedi too. Yeah. So then the next section um we talked about more than one principal structure on a lot and the main the main thing we added here was that um

any required water and sewage disposal facilities shall be installed as approved by the county health department. So that language was we talked about these being allowed meeting regulations but really making sure the environmental regulations department one in place I don't think we did anything with anything in public right away there's that bioche 18 these are I think these are All pretty much these didn't change a lot. The off street off street parking. Um what we did here was pull in things that are that were in of that were in the definitions or were practiced by the the staff. We need a site plan to see where your parking is going to go. the design standards um are actually were in the definitions.

You have done both um it's good.

This is where it said this is where it said not less than 4 in of gravel or brush stone. So we I just use it again. I just moved it from definitions to here. um for uh mentioned that um there should be consideration for accessible parking and there are already there's already administrative code for that so we don't have to figure that out because it sometimes it changes um the location and the required setbacks we talked about at our previous meeting it's kind of hard not to cross the to get from the broke your house. So, the driveway could be in there. I think these are pretty much And there's a diagram to kind of help. This guy owns two cars and four campers. He's alone. One's a flu truck.

Oh, yeah. Yeah. Guess I didn't even

um existing the same flags. we talked about. Oh, we're just going to send send that over to the subdivision ordinance. Now, the next next one, we made some changes here. Accessory dwelling units. So, since we met last um the the diagram there provides us with even more options than we had contemplated um in terms of attached or detached. Um really the way Iowa State's diagram is drawn here, there's only one kind that's detached. It's actually it's not touching at all as you see in that upper left diagram. And then everything else can be as a variety of being attached. And so what we're trying to do is then let's just work with the code. So if you had a garage or carport doesn't show kind of shows detached but it's got the you know like a covered walkway would consider that attached or detached. Oh if it's a breezeway it's still open. If it's attached somehow with the breezeway, it's attached. Okay. So, what we did here was wherever we could, we're referencing Iowa code section 331301 subsection 27. I've memorized that because I didn't I had to rewrite as plan. So this is actually in this is this section of Iowa food is home rule powers which is an inter interesting place to put it but it deals with

definitions specific to this type of use deals with maximum number maximum size and so we're referencing those here um and anything in our ordinance that might be related. Uh development regulations same thing. permit process. Same thing. Um, timing of construction. There isn't I don't believe there's anything in the code which has been bit of a a nut to crack for administrators attending the webinar and discussing this. But when we looked at it at the staff level, we thought, we don't really care which order you plan, which you build first, the accessory dwelling unit that you live in until you build the single family home you're going to live in or not. But we need you to plan for both of them at the get-go, which is basically what we're we're asking for here. So plan where those two build if they're typically if they're detached. Um but in any case if plan again this is guidance for the the contractor and the property owner. Um and so that's kind of where we're landing on the ADUs. I think we're we also have been limited to our woman in K1 [Music] residential. So we feel like we've we're complying with the code. We're referencing it because there's some rumblings that it might get amended next year. Um but we feel like we've got it in a comfortable position. We can manage it.

And I don't know how many of these we'll get, but it's there for in compliance I think with this language. So we did I think we made some changes based on your discussion last time. And then the last one, this used to be a conditional use and it just seemed like it really fit with the C8. So converting a dwelling to a two family just thought seemed like a good fit here. The red line is I don't think that it's Do you have any questions on this part? Otherwise, we can move on to the Okay. So, the CU that is my little shorthand for conditional use permit. Conditional use permit is what we're recommending special exception be called. So renaming those they would then require still require board of adjustment approval. We would call it a conditional use permit. We moved them they were all we would all be they were all in each of the districts. We moved them all to this section 2.9 and because there were some overlaps like some of them were in more than one zoning district um we've tried to consolidate them where we can. Um, one of the things we did since we're trying not to repeat repeat repeat over and over is set up again the same kind of formula set up a general general provisions that cover everything all of the uses and specific conditions for each of the needs. Um, we did pull development regulations out into those charts we looked at earlier. Um and the off streetet parking

and stacking and loading requirements are are also filled out. So what we see is the result of that rearrangement reorganization. So conditional uses and structures these general provisions um are set up with um references back to various chapters that you see here. One is the the first one's 2.1 schedule district regulations is where we have the matrices that tell you where use uh what zone it's in and what it is. Is it a conditional use of principal use accessory use? Section 2.8 8. We just looked at two 2.9 is this one and it includes sign regulations which can apply to some of these uses. Chapter 3 administration because we want to make sure there's that compliance with Jackson County state of Iowa federal government ranks and 4.5 conditional use permits. That's the board of adjustments process and then any specific requirements. So then what we did when we set these up is we put them in these broad categories that we're using in section 2.1 where we have the matricy matrix divided by these big categories so that you can move from that matrix over to this section and kind of keep it's it's just easier. I think everything's kind of set up the same. Um the mobile home parks, no changes there. That's her current language. Mobile some home subdivisions the same. Uh multiple family dwellings was amended. That's the regulations that you settled on.

Um wherever we can, we're going with referencing an Iowa code as you see here with adult and child care. And then we got into commercial category. So here we have quite a bit of uses and if there's anything in particular it'll show up. Otherwise they're just named but they need to go through the conditional use process. Here's a good example. Here's I'm sorry it's kind of split on the page here, but in A1 districts could you so the bulk storage and retail distribution of anhydra ammonia fertilizer in A1 has had a regulation for separation. It was a little bit different in C1 and M1. So, we've kind of split those out, but it's still this this still keeps it a little bit shorter in terms of managing what's what goes on with that use. Okay, what's your zone? Let me see what else I need to worry about. Um, bulk storage or where wholesale? Um, those those all have just I think they're they're same at M. They're allowed at M2. Can you go back up just a second?

Sure. So section high. Shouldn't a dwelling be on that also? You got school, church, or place of public assembly. So like somebody's house. Oh, it could be if you if you feel like you want to have it there. Good to that. I would like that in there. Okay.

I need not So my question is is you know are we grandfathering all because I can think of at least several actually examples where you know if you add that you know then there'd be places in violation. That's just I was going to say in A1 districts. Well, there's a road even if there's C1. Okay, this is an A. So, this is your current language for these two for these districts. A1 doesn't mention a dwelling. C1 and M1 do mention a dwelling.

Okay. Yeah. Where I'm thinking of probably is C1 or M1. they would have to be to be, you know, the fertilizer plant that they are. So, the reason I think the the reason I think it's in C1 and M1 is we do they they are allowed to have dwellings on the site for the owner or operator. In A1 that that isn't the case, but certainly could be. It's however you want to however you want to structure it.

Yeah. Well, like I said, I was thinking if this is A1, I you know, I suppose there's some out there guys that are getting big enough that maybe they have some storage of their own on their own A1 farm, but it's not, you know, what I was thinking was examples of like uh, you know, suppliers like in Everhard or, you know, or egg advantage or something like that. And so they would be seen one or M1 with air. So I'm I'm just worried about a neighbor, you know, some people their twoacre lot and then the neighbor comes in and wants to put an hydro tank the storage right by their house.

Well, we're getting big enough that could happen. I mean, I'm not, but some people are. I I don't think I don't think we want to add dwelling to the A1. Um, can you put in non-owner dwelling? Use the same language.

I I don't think we want to I don't think we want to do that because this um depending on your bulk storage. I mean, I can think of one up by a lot. Um, their house is across the road. That's the owner's house. So, it's the eler's house. I I can see Brian's point. I really can. That,

you know, farmer gets big enough, he thinks he's going to put up some storage for so he can buy anhydrris and and fertilizers in bulk. And he does it, you know, within a 500 foot of the neighbor's house. even though you know because it's you know that that would be a concern because in case you start bleeding lines off or you have an accident. Yeah. But but the other part of it is depending on how big they are. There's going to be regulations from the state. I'm trying to remember. Well, there probably would be regulations from the state, but that doesn't us from putting something in. Yeah. But I think there might already be something in with the state is what I'm getting at. And so

you're saying it's not necessary. I don't think it's necessary because I think the state has already got the regulations there. I think that's what I think we need to check. Can we find that? Yeah. Sure. Yeah. See see what they're I think it's a very valid concern. I I don't disagree. Okay. I didn't. Okay, we'll check and see if it regulates separation from existing dwellings. I mean, obviously we do have it in for C1 and M1, which makes sense, but so we want to make sure like the nonowner dwelling as opposed to just any dwelling, right, on state law.

But see, the other But see, here's the other part of that. Well, you've got if you've got a big farmer that's got somebody a neighbor sells up two acres or somebody to build a house. If the farmer comes in to put in a storage facility after the dwelling is built, I think I think that there are state regs on that and I Okay. Well, we'll check that. Make sure Yeah, we do need to make sure that I

I because I'm thinking that I just studied or that there's something. Oh, okay. There's something that's in there. So, I I don't know. I might just put them in this extraordinary pretty good. Okay. Um let's see. Let's keep working it through these. Um the commercial cell tower,

we talked about this at a meeting. We divided it up into existing and new. And so this language was what um it's kind of long. Might want to scroll a little bit. It um it's something that Lori had had us work up and we looked at I can't remember which mean. Um April was a while ago. Yeah. Mhm.

Um and so I have not changed anything in here. Um the and so the way it says for existing the way it says for new is same as you saw last time but this is a good time to let's just go through it carefully as is still all you want. So, uh, I believe the definitions come out of Yeah, they come out of the Iowa code 8, which is what regulates the Iowa self sighting. That's the Iowa South Sight Act. So then then when you get to the third one, they are no closer to a Yeah. no closer to a dwelling. and so forth. This is some of your current regulation and then also some of the things that you talked about adding like notification in one mile 400 foot. I have one question on this because are we talking about the height of the tower minus the top antenna or does that include like the top antenna? It's however Iowa code HC defines it. Okay. I I didn't even want to pull anything else out.

No, I just couldn't remember. I know we've talked about this before, but I couldn't remember on that.

I I and I would I would go look at that code. I I didn't put it in here. We could We can double check what it says. What's my It's in that code, but I'll double check that, too. So, then 400 was what? category recommended after checking that seems to be what most of the cell towers are 400 um new again what we're using here is a um definition out of Iowa code 8C and then this was language that Lori asked for and you reviewed I think at your April meeting. Um and uh there was some discussion about the lighting uh discontinuence catastrophic failure decommissioning would use the Jackson County wind ordinance. Um the one mile of think um home industry, you remove that. So that's the same language as you saw which we relate it back to that new or maybe to the Iowa code regulations for homebased business. So this one you want I think if you've already looked at it approved wind energy that okay um recreation

category we looked at these when we were doing the campground zoning. Um so this is sort of this is a refresher of what you already looked at. Um I think the only new one is private campground because it discussed and that's coming up because these are alphabetical order. So private campground the board of adjustment had a case on a private campground. What we've suggested is it be on less than five acres there be and the board conditions included these two. There will be no on-site sewage disposal and there shall be only non-commercial operation for use by family and friends of the owner without payment or other consideration. Um, we will be asking the board at their meeting next week. Once again, if this is this is okay with them, but we would also like to know how the commissioner feels about this. This was a case in which a gentleman wanted to put up a campground for his family to come and stay on his property and there were uh concerns vocalized by neighbors uh primarily at the meeting but don't have any comments in writing.

Mostly they were there. So, um, these seem to be some things that would that the board felt would distinguish it from commercial operations. Keep it small, no on-site disposal, keep it van, no commercial. Oh, no changes there. That's your current rags above youth and summer camps. Okay. In the industrial category, this is your current language. Um, data processing has a placeholder with the ordinance. Manufacturing processing current ordinance uh mining ordinance ready same. So waste the same elements um special requirements for industrial commercial and industrial districts. These were these are things to be quite honest with you I wasn't quite sure what else to do with so I left them there. This is this is current language but the dressing lighting and terms of that going on to adjacent residential property which can be your source of complaints. I don't know if but it can be on the water supply disposal.

Uh I left these in because they are in and I'm not sure whether they should be taken out or not, but I decided to air on leaving them in so you could look at them again. Sometimes it's nice to have this stuff. If you're the zoning administrator, you can kind of give people some guidance over what how their site should be set up for, what kind of regulations they need to be thinking about for Walmart sewer with a industrial commercial operation. Okay. Okay. Last time we looked at a section 2.1 schedule of district regulations and this is where there were a lot of matrices about what are the different kinds of uses and that sort of thing and Becca had some cases come up and we walked through them and we decided let's add some more to that description. And so that's the first three pages. And then I went to try to deal with encroachments and setbacks, which your ordinance refers to casually with about seven words and leaves us with no direction at all. So we have a whole section for that, huh? So if we look at this um this is the clean version this is um leaving the comments. So section 2.1 you saw this but what we added in the schedule of districts is we

also um added some mention about the planned unit development the PUD district and by the way what are we doing with these symbols oh they're going to be on your efficient zoning map I know this may seem kind of oversimplifying but if you're reading the zoning ordinance for the first time It's not overly simplified. It's like, oh, that's what they do. Okay, that's how we find out. Um, the next section B. Um, this was something that actually Becca and I started creating the table so that we could figure out what's a use, what's a structure, how does this work, how am I explaining this to people? And so we just ended up saying, "Golly, we need a chart for ourselves. Let's leave it in there for people to look at." So, we're trying to give people examples without being overly giving a whole bunch of examples of the difference between a use and a structure, which can be very they're it seems intuitive, but when you're regulating them and trying to explain to the public, a chart helps. Um, let's see. just make sure we talk about the planned unit development there. Um and then in four I think I think that's unchanged. We just Oh, I know. So under principal uses and structures. Yeah, we can go down to number B or letter B, excuse me. Your ordinance defines accessory structure and use but not principal use

and structure. So we we together we looked through and researched how can we say this simply and trying to help people understand what this is and so this is the language we we've added here. What's a principal use? What's a principal structure? Because it can be confusing. um accessory use had it had a definition but we again we added a little bit more language again just we're looking at this this is the once you get past number one chapter 2 is laying out for you all these terms you're going to keep seeing over and over again throughout chapter 2 in terms of uses and structures and so just trying to um provide some guidance and provide a little our language in order to help understand what we're what we're what we're looking at here. Um, conditional use is kind of just the same thing. What is that conditional use? And I'm trying to help you understand um what it is. again just for gater greater clarity. So I think those are the first three pages where it changes, right? Okay. Still, let's see what's coming up next then. Okay. So this is a new section. You have not seen this. And the idea here is that all the information about measuring that area and width

wasn't really there or it was tucked off somewhere in the reg in the definitions and it was um it's a mess. It was very difficult to um to figure out and in many cases it didn't say anything so it was impossible to figure out. So what we did here is okay let's again same process let's talk about not only what is minimum lot area width but how do you measure it and what are the components and so we're using wherever we can we're using your existing definitions or we're modifying them to hopefully be more helpful and then we're introducing pictures. So, there's your lot lines. There's how you calculate your area with with lot and depth. Um, there's different types of lots, which means they're going to have different setbacks. Here's a drawing of what they look like and a description of what they are.

We go to the next the next um how do you measure these? And so, um, we looked at lots of different drawings and, um, what I liked about this one is it gives you the nice, neat standard lot and then it gives you the irregular shaped lots. And so you you see as well as it's described how we're figuring out setbacks. There's a picture and there's a description that follows. So the descriptions, this is where we start to get into the questions that came up at the beginning about how are we figuring out setbacks. And so what what we're doing is we're measuring from that property line which we described that up under lot area and so forth and we're coming to the closest point um of on the structure. And what happens is if you're on a corner lot or a double frontage lot or a flag lot, there are different ways those get measured. We also have this little this little item that I call owner's choice on corner and frontage lots. Typically, we would um have the have their lot set up a certain way, but owners can pick if they have a corner lot, which one they want to have as their front yard because a front yard setback is bigger than a sideyard setback. And by doing that, we can avoid people going to the board of adjustment. But we had to remember that because it's way in the end of the ordinance in the

definition sections where you would never think to look unless you remembered it was there. So again trying to make it organized make it so the zoning administrator. I mean I can't tell you how many times Lori emailed the inside where is that and I'd have to go where is it? Where is it? Where is it? A man had to have put it in there. I'm so I don't know who put it in there, but um you so so the idea was

really right Andy whoever put it there um that's great. It's a great idea because it helps us get people what they want without going to the board. But we have to remember to find it up until all of the zoning administrators were men. So that's why there was one Christina. Oh, that's true. Right. Christina. Yeah. So, but it was done prior to Christina. It was done. Oh, yeah. Yeah. So, we also talk about we talk about side

and rear setbacks. We talk about them when they're on a street side and then we use a picture to say what were we talking about and we use color and we try to help people understand where things are. Oh, this area is my most favorite of all the ordinance. This is the daily daytoday. If somebody's just filling out an easy application for a permit, these are the questions that they have. And it was so hard to explain any of it to them. How could you explain any of it to them before? And now it's right here with bank would go to the regulations and the regulations would contradict themselves. Yeah, it was.

Yeah, it's even with moving to the online people would get irritated if there it's a new online system and so then they take out the frustrations and say well I can't figure out my setback. Well, you'd have to give me your setbacks on paper or online, but I shouldn't say this, but all the permitting have gone, you know, online. And when we were when I was doing our well permit or septic permit, one of the must septic permit, I think I have three open permit requests on there because I couldn't figure out how to get back into the one that I had started. Mhm. Just saying

you you were clear days. It's getting better. It's getting a lot better. Thanks for being our test case.

Sure. Well, and and um Becca showed me an email from an attorney. Couldn't could not read our charts. Well, that's because the charts aren't there. They're just a mishmash of development regulations that get smooshed into something else. Of course, you can't figure it out. We barely can figure it out. This is trying to do just what Becca said. Give me something I can walk through and I can look for it. I can help people find it. So that's what we're doing here. We're using taking terms that we use out of the definitions, putting them in here with diagrams at the beginning of the ordinance.

Um, and without some is trying this about just about any kind of crazy line uh setup you might have. Let's throw it in there. Just who knows? It might come up next week, might come up next year. So, this little comment says box here, this is the one that gave me heartburn. So it talks about the projection of the usual uncovered steps, uncovered balconies or uncovered porch. That's all the direction there is on allowed encroachments. And what I mean by allowed encroachment is you have a roof. It has an eve. It has a gutter. that gutter and eve are closer to the lot line than the wall and foundation of your building. So that that's something that that overhang is something that generates this idea of being an encroachment that is very very important to have in the zoning regulations. And I will tell you that my son had an issue in Clayton County with overhangs just I have had people had to get up and saw off the overhang of a brand new garage.

That was disgust. It did not happen, but that was um I I had to make somebody do it. What would happen? Yeah, it it some days it's not fun to be a zoning administrator. Let's go to the next page. Is there the diet that diagram? So, okay. I got to get up and move brows and do a different step. So, here's your here's your house. Here's the here's the Or do you have a pointer? Oh, shoot. No. See this little line here? Yeah. There's that. Yeah.

So, right now the origin says, "Oh, you can do this. You can have something like steps until you cover them." Well, what does that mean? put a roof over it. Well, how who would want to put a roof over? Then we're into this whole mess of encroachments. So, here's what we here's what we decided to do. We've created a table using this diagram. So, can you scooch it up? Well, can we keep that in there? So the typical features we have are accessibility, fire escape, stairways, um open air access, porches, steps, stoops, um ramps, or air enclosed. They have a roof, they have walls on them. Architectural features, eaves, gutters, shutters, balconies, upgrade features. So, these could be things like your HVAC unit, um, swimming pool. They're they're sitting that great. Um, fences and hedges, landscaping, um, driveway and parking. So, we already looked at fences and hedges, and so they have their own section. We already talked about driveway and parking. They have their own section. So then what A is is the list of those features. B column B is how far can they approach into the set pack. And so our choices we kept pretty simple either 3 ft or none at all or if it's landscaping doesn't really have a limit. What's the minimum distance? It needs to

be from a lot of line to for most of these or it has to be the required setbacks or really no limit if it's landscaping. However, column B, this takes us right back to that right away question and that section 2.8A 8 and 8 is that visibility those sight triangles. So what we don't want to have happen is things encroach into the setbacks encroach into the and then they encroach into the rightway. So this is trying to make sure that doesn't happen. See what happens. we go back to that table. Oh, we got to go up. I'm sorry. You got to go back a little bit. So, here's what we decided. If we'd like to hear your thoughts on this. If you have number one, all principal, accessory, conditional, and temporary uses and structures in any zoning district on lots on or after May 6th, 1976, the day we had zoning, you have to meet the setbacks. We're not dealing with encroachments. Meet the setbacks. can't meet the subbacks, then you go to the board of adjustment where you get an administrative vote. Why did we think that? Well, after that date, we require 2 acres of land in A1, 12,000 square ft. Is that right?

20,000

20,000 square feet in R1. And if you're on a community well or septic, 12,000. And so our thought is you can meet the setbacks, get a lot of land area. And I would say that's reasonable because I worked in a city where the lots were 5,000 and 2500 square ft and people could live in them and meet their setbacks. So I think on 2 acres or 20,000 is worth the I think this is reasonable and we have avenues if it's not going to work for somebody land that's why we have the wave landed areas. Yeah. What's the next time? Okay. Now, if you were on a lot planned before zoning, then we use that chart right for principal accessory conditional temporary uses. Now, if you have accessory or temporary uses in A1 or R1 unlots planted before we had zoning, you don't you still don't get to encroach. You have to comply. Rebecca's thought Rebecca's thought here is Okay, I think we got I think I missed something there. No. if it's accessory or temporary in A1 or R1, you wanted them to meet the setbacks. That's what you talked about

again because they've got the land except this is this says before I did this one at midnight. Yes, I knew it would be. So I think I think my my mistake is that one should read if it was platted after. So yeah, again, same reason. You're on the lots planet where we have zoning. They're bigger lots. So my lang should say after a little bit. She's going to change number three to say after number three is let's see

they must number three they must comply with the [Music] something so the idea was if you're on this if you're using the standard development regulations in A1 and R1 you do not there are no allowed enclosments, right? That's how we went principal, accessory, temporary. Yeah. Standard, which is after six. But if you're using the alternative, you qualify for the alternative. That's before. So, we'll get it straightened out. The wording is a little mish. I was pretty excited about this. So the the idea was that if you're on those lots after we had zoning and you have the room, we don't really need to worry about encroachments. For one thing, it's a so it's so much more work to try and figure out and explain it to people. So we're trying to keep that into the alternative lots, the smaller lots like Leisure Lake and Dress. Um, but I think with this diagram and the chart, it makes it easier to understand than the words the usual uncovered steps. That didn't really help us much at all. We didn't know what that meant. So, we're and we after we get through this chart where it lists the features, um, we have a list of quick references of what it mean when they said those. So because that would be the next question and so there there it is. Um and then building height was over in the definitions and so we moved that out. Um

and then we wanted to um also add once you get these setbacks you have to keep them. You can't encroach on them. You can't not maintain them. you have to um you have to have some continuing maintenance or we'll be back in to see the administrator or the board for a waiver or variance. And overall, we'd like people to maintain their property. So again, none of this pertains to um the farm exempt, but um it does pertain to everything else. So we I think you feel that this is this is you said this was your favorite section now.

Yes. Um good job daily. It's mostly this is where a lot of it comes in. Right.

Yeah. So really from those first couple of pages that we looked at to this this new new section we added the idea is it's exactly what Becca said that is the dayto day figuring things out explaining it to people trying to lay it out um using your existing ranks as much as possible when they're scarce and there's not much guidance trying to provide guidance with tables and charts and explanations. self. Are you all okay with that approach?

Okay, so chapter six is definitions. Um, thanks to Sandra, the definitions refer to Iowa code whenever possible. You wouldn't believe how many things have a definition on Iowa code. Um I'm happy to go through these with you, but you have seen them. Yeah.

And you've seen them in reports with the revisions. Um the biggest change here is wherever I could find it at the uh uh code reference I substituted it or added it and we tried to uh the the other thing full disclosure there were there's there was a whole section on yards it's gone they have been banished on the recommendation of the new administrator um It's a it's it's another word for set pan and it was so I my eyes were crossing and I

asked Becca, "Do you think we could do this without talking about yarns?" And she said, "Yes." And when people say when I we ask for setbacks on everything and then they were like, "Well, where's my side setback?" I'm like, well, your side yard then you can like, but otherwise, what's my yard? What's my that? And it just it's just easier. The diagrams show it's your front yard, which is a common term. Oh, I'm going out to mold a front yard. I'll be back for lunch. Oh, I always say I'm going to go out the moment I step back. Well, good for you. You've been on the zoning commission.

I've been on it too long. Yeah, that's right. Exactly. So, and again, and the so I don't I don't there's a lot of definitions, but um the idea that we could shorten them up and that we could pull things out and put it into the regulatory area instead of having regulations in here. Um I think we'll work better for you and for your customers, everybody. Everybody, because we won't remember. Tom won't be here forever and he's and he's been minutes in 76. So, oh, not not that long.

Well, when I when I was training Lori, I would I give So, she would send me questions and I would say, I'm going to give you give me the same two questions back. What's the zoning and what does the definition say? And because your regulations are in the definitions, what I learned early on is it's pretty much assumed it's A1 unless she says it's something else. But um those are the things that I still when Becca has a case you know he wants the zoning that's automatic for me check the zoning because the regulations can change but now the regulations are not just in the definition.

No no they're not because that is and there were there were good things in those definitions but you had to that's not that's not where I would recommend they be. If you're trying to explain things to people, it's a little easier to have them in in that initial chapter as well. So, we're in a matrix. We're in a matrix or in a table or in a drawing. So, I feel like we we we don't need to show you the red light on this. It's I don't even need to show you the book. Yeah.

It's amazing to me how many things had an Iowa code and so actually your definition was got shortened that way. I'm not surprised. The Iowa code, the administrative rules spell out just about everything. Just about just about. It was a rare thing that we couldn't find a code for. We're so different. And so we used it. Okay. So, our game plan then would be to try to do a public hearing on this. Um,

our thought was that we would not review any red line. Um, we would use clean copy with the final revisions based on the board of adjustment meeting next week and your direction at this meeting and you still have a chance to say, "Oh, hey, wait a minute. This should say this or that or this should be gone and all that at the public hearing." Um, is there anything else you would like us to do to try to make it easier for you? won't sound.

I did have a question. I know at one meeting we weren't like checking over the grammar part of things, but for example, um on so way back when we started here, chapter 4, there's one sentence that reads for conditional use permits including mailed notice to all uh owners of record within 500 of the subject property. So you're finding titles. Yeah. And Greg. Yeah. So I I mean I know that was not something in one of the meetings that we were supposed to point out during a meeting, but I did know now that we're getting to the end. Oh yeah, something I need that help.

So which which one are you in? So chapter Did you say chapter four? Chapter four. requirement 500 ft. I see under letter three. Yes. Or number three, I'm sorry. Got it. Thank you. You're welcome. Yeah. I fought some of these myself as I had always.

Yeah, we absolutely if you see um typos, get them to back and show get them to me. Um we want this to look professional and typos can sometimes give the appearance that you weren't being professional or thorough and so I don't want those happen to happen. and we'll get this ready for the public and the board. So, yes, editors, welcome.

Um, the other thing that we are working on is this county attorney's office is reviewing the ordinance. Um, I'm hoping that they'll be able to be finished so we can do the hearing in August. September August. So, we can do the hearing in September. um at your next meeting. So they're working through that. Becca gave them the whole spiel and big fighter. So

I'm thinking in one of the Belby papers, the last meeting notice or in the Belby paper, one of the notices, it had um either the date or the time was missing. So, I don't know if you need to go back and make sure something just didn't get like marked off and not added back in again. Right. And I don't get the bell paper to double check it. But I might have to I was thinking the other day because we always get the Makoka one and then we double check and make sure it has been in. But I don't think it was in the B paper for this. You could ask them to send you a proof of publication. They always do, but then late.

But it's Oh, but it's after after you already voted. So you like a proof before publication. Yeah. Yeah. They should send you proof before it goes in the paper to prove it. They only send you the actual article that's in the paper. proof that it was in there that it was in there. Yeah. For invoice, but they should give you paper proof of it before it's published to verify that everything is correct.

I just requested that I suppose you know if you wanted to do that to get things like maybe a week even earlier. Yeah. Yeah. So that they can just cut and paste I think. Yeah. An engagement. Yeah. But if but if they cut and paste something that is missing something, it's easy to miss that.

Okay. So, you're you're editor for sure. That would be great. Yes, that's all. Are there any other questions or suggestions for the eventual hearing in September? September.

So, where will it be? I think you could do it here. We're thinking we're going to have this kind of an audience. It's got limited solar and battery. The other thing is, are you feeling real data center really good about this? We aren't making anybody non-compliant non-compliant. We're not making any non-conforming. Um, we're trying to make things easier. We're trying to make things clearer. Um, we're trying to make sure we uh comply with codes the state level.

Um, we we feel like it's not controversial like your last ordinance. Really? Not we're hoping it's not things up. Try to make things and that's what I find when I'm doing stuff to make it go easier. Usually people don't come in and say great job in line up to they they just go and be across the line. So I feel really good you've done a really great job discussing this and I feel like we and the board of adjustment as well helping us make a better ordinance.

Thank you for your board of thoughts. Thank you late night. [Music] I'm not sure I covered yet my own. No. Okay. So we can probably move on to item number six. Get anything from the commission. Anybody items from the staff? Next meeting. Public hearing September 15th 700 p.m. 7 p.m. [Music] nothing else. A motion to adjurnn. Move. Second.

All in favor? I I opposed present. Thank you very much. Thank you all. So, should we change to 6:00 in November? October, I believe. I got over. Yeah. Okay. No. I thought it was I thought it was November because October is our [Music] Well, you know, it just depends on what's going on. I might or might not be good whether it's seven or six.